Part 2 of this article, Review and Decision-Making Authorities, describes the powers and duties of city boards and staff involved in making recommendations and decisions on applications for a development permit reviewed under this Code. Part 3, Standard Review Procedures, sets forth the review procedures and post-decisions actions (including appeals) that are applicable to all types of applications, unless expressly provided otherwise in Part 4. Part 4, Application-Specific Review Procedures, notes the applicability of the standard review procedures to each type of application and includes any variations of the standard review procedures in Part 3 that are specific to the particular type of application.

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

The following boards and city staff have powers and responsibilities in administering and reviewing applications for a development permit under this Code:

   A.   City Commission;

   B.   Zoning Board of Appeals;

   C.   Planning and Zoning Board;

   D.   Architectural Appearance Committee;

   E.   Historic Preservation Committee; and

   F.   City Staff, including the:

      1.   Development Services Director;

      2.   Development Review Committee; and

      3.   City Attorney.

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

In addition to other authority granted to the City Commission by the Florida Constitution and state law, the City Commission shall have the following powers and duties under this Code:

   A.   Decide Applications for Development Permit

      To review and decide the following applications for a development permit:

      1.   Text Amendment (Sec. 155.2402);

      2.   General Map Amendment (Rezoning) (Sec. 155.2403);

      3.   Site-Specific Map Amendment (Rezoning) (Sec. 155.2404);

      4.   Planned Development (Sec. 155.2405);

      5.   Plat (Sec. 155.2410);

      6.   Development Agreement (Sec. 155.2428);

      7.   Takings or Vested Right Determination (Sec. 155.2429) [placeholder];

      8.   Right-of-Way or Easement Dedication Acceptance (Sec. 155.2430);

      9.   Right-of-Way or Easement Abandonment (Sec. 155.2431);

      10.   Appeal of decisions by the Planning and Zoning Board on Major Site Plan applications (Sec. 155.2424);

      11.   Appeal of decisions by the Architectural Appearance Committee on Building Design applications (Sec. 155.2424); and

      12.   Appeal of decisions by the Historic Preservation Committee on Major Certificate of Appropriateness applications (Sec. 155.2424).

   B.   Adopt Schedule of Fees

To approve, by resolution, a schedule of fees governing applications for a development permit reviewed under this Code.

   C.   Adopt Schedule of Civil Penalties

To approve, by resolution, a schedule of civil penalties for violations of this Code.

   D.   Other Actions

To take any other action not assigned or delegated to the Zoning Board of Appeals, Planning and Zoning Board, Architectural and Appearance Committee, Historic Preservation Committee, Development Review Committee, Development Services Director, or other advisory or decision-making authority as the City Commission may deem desirable and necessary to implement the provisions of this Code.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-32, passed 12-11-12; Am. Ord. 2013-43, passed 2-26-13; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Establishment

      The Zoning Board of Appeals (ZBA) is hereby established in accordance with state law.

   B.   Powers and Duties

      The ZBA shall have the following powers and duties under this Code:

      1.   Decide Applications for Development Permit

         To review and decide the following applications for a development permit:

         a.   Special Exception (Sec. 155.2406);

         b.   Major Temporary Use Permit (Sec. 155.2412.C);

         c.   Interim Use Permit (Sec. 155.2415);

         d.   Variance (Sec. 155.2420); and

         e.   Appeal of a decision of the Development Services Director on an application for an Interpretation (Sec. 155.2424).

      2.   Other Powers and Duties

         a.   To review and decide appeals of relating to regulations in Section 100.40 (Movable Fixtures in the Public Right-of-Way) of the Code of Ordinances , in accordance with procedures and standards in that section;

         b.   To review and decide requests for variances relating to regulations in Chapter 151 (Beaches and Waterways) of the Code of Ordinances , in accordance with procedures and standards in that chapter;

         c.   To review and decide requests for variances and appeals relating to floodplain management regulations in, and actions authorized by, Chapter 152 ( Buildings ) of the Code of Ordinances , in accordance with procedures and standards in that chapter; and

         d.   To carry out any other powers and duties delegated to it by the City Commission, consistent with state law.

   C.   Membership, Appointment, and Terms of Office

      1.   Membership and Appointment

         a.    The ZBA shall consist of six regular voting members and six alternate members.

         b.   One regular voting member and one alternate member shall be nominated by the Mayor and one regular voting member and one alternate member shall be nominated by each City Commissioner from among residents of the City Commissioner's district—provided, however, that a Commissioner may nominate a person who does not reside in the City Commissioner's district on determining such person would better serve the public interest. All such nominees shall be appointed by resolution of the City Commission as a whole, by a majority vote.

         c.   Each regular voting member and alternate member shall be a resident of the city.

         d.   Regular voting members and alternate members shall serve without compensation.

      2.   Terms

         a.   Regular voting members and alternate members of the ZBA shall be appointed for a term which shall run concurrently with the term of the member of the City Commission who appointed them.

         b.   Regular voting members and alternate members shall continue to serve until their successors are appointed.

      3.   Alternate Members

         The Chair or staff designee of the ZBA shall be authorized to assign one of the six alternate members to serve as a substitute for a regular voting member who is temporarily absent or disqualified, in accordance with the following:

         a.   The Chair or staff designee shall rotate assignments among the alternate members unless the unavailability of alternate members makes such rotation impossible.

         b.   No alternate member may serve as a substitute member for the same regular voting member for a period of more than three consecutive months.

         c.   No more than three alternate members may serve as substitute members at any one time.

         d.   No alternate member may take action as a substitute member unless the Chair first announces assignment of that role and the assignment is recorded in the official minutes of the meeting.

         e.   When substituting for regular voting members, alternate members shall have the same powers and duties as the regular voting member they replace.

      4.   Removal and Replacement; Attendance

         a.   Removal for Good Cause

      The City Commission may, by majority vote of a quorum present, remove and replace any member of the ZBA at any time for good cause, including, but not limited to, poor attendance (See subsection b below.), lack of participation, unfitness, malfeasance, and conflict of interest (See Section 155.2203.H.). Any allegation of cause for removal shall be in writing, and the City Commission shall hold a public hearing on such an allegation before taking action to remove a board member.

         b.   Removal for Poor Attendance

            Any member of the ZBA who is absent from three consecutive regularly scheduled board meetings or more than 50 percent of regularly scheduled board meetings held within a calendar year shall be removed from the board by the City Commission in accordance with subsection a above. The Chair of the ZBA or the Development Services Director shall notify the Mayor and City Commission if a member qualifies for removal under this subsection.

      5.   Vacancies

         a.   Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.

         b.   A vacancy in the term of a regular voting member or alternate member shall be filled by the City Commissioner in whose district the appointment originated, with approval by resolution of the City Commission.

   D.   Chair and Vice-Chair

      1.   The ZBA shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. The Chair and Vice-Chair may be elected to successive terms without limitation.

      2.   The Chair shall preside over all board meetings. The Vice-Chair shall preside over board meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the ZBA shall vote to determine who shall serve as acting Chair for the meeting.

   E.   Staff

The Development Services Director shall serve as the professional staff liaison to the ZBA, provide it with administrative support, and serve as its Secretary, notifying board members of all meetings and keeping the minutes of the meetings.

   F.   Meetings

      1.   Schedule

         The ZBA shall adopt a schedule establishing the date, time, and location of regular meetings, provided that the ZBA shall meet at least once in a calendar month. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

      2.   Official Record

   The ZBA shall keep a written record of its recommendations, transactions, findings, and determinations. Such record shall include minutes of meetings in accordance with state law (Sec. 286.011, Fla. Stat.) and shall be a public record and filed with the Development Services Director.

      3.   Notice of Meetings

         a.   The Development Services Director shall provide notice of ZBA meetings to each board member at least 48 hours before the meeting.

         b.   Notice of all ZBA meetings and public hearings shall be provided in accordance with state law and the public hearing requirements in Section 155.2305.C, Public Hearing Notice, as appropriate.

      4.   Open Meetings

         All meetings of the ZBA shall be open to the public.

      5.   Procedure

   In conducting its meetings, the ZBA shall follow rules of procedure adopted in accordance with Section 155.2203.I, Rules of Procedure.

   G.   Quorum and Necessary Vote

      1.   Quorum

      2.   Voting

   H.   Disqualification from Participation and Voting Based on Conflict of Interest

      1.   A member of the ZBA shall not participate in the review of, or vote on, an application for a development permit if the action proposed by the application creates a conflict of interest—that is, if the action proposed by the application would inure to the special private gain or loss of the member, any principal or corporation (or a parent organization or subsidiary of such corporation) that employs or otherwise retains the services of the member, or a close relative (e.g., parent, sibling, spouse, or parent- or sibling-in-law) or business associate of the member.

      2.   If an objection is raised to a board member's participation in a matter based on a conflict of interest (as defined in subsection 1 above), and that member does not recuse himself or herself, the remaining members of the board present shall, by majority vote of a quorum present, determine whether the member is or is not disqualified from participating in and voting on the matter.

      3.   If a board member is disqualified on a regular and continuing basis due to a conflict of interest (as defined in subsection 1 above), the Chair of the board may request, in writing, that the member resign. If the member does not resign in response to such a request, the Chair shall report the conflict of interest to the Mayor and City Commission, who may consider whether to remove and replace the member in accordance with Section 155.2203.C.4, Removal and Replacement; Attendance.

   I.   Rules of Procedure

The ZBA shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Development Services Department.   

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15 ; Am. Ord. 2017-17, passed 1-10-17 ; Am. Ord. 2023-28, passed 1-24-23)

      The Planning and Zoning Board (P&Z) is hereby established in accordance with state law.

   B.   Powers and Duties

      The P&Z shall have the following powers and duties under this Code:

      1.   Decide Applications for Development Permit

         To review and decide the following applications for a development permit:

         a.   Major Site Plan (Sec. 155.2407);

         b.   Major Administrative Adjustment (Sec. 155.2421); and

         c.   Air Park Obstruction Permit (Sec. 155.2422).

      2.   Make Recommendations on Applications for Development Permit

         To review and make a recommendation on the following applications for a development permit:

         a.   Text Amendment (Sec. 155.2402);

         b.   General Map Amendment (Rezoning) (Sec. 155.2403);

         c.   Site-Specific Map Amendment (Rezoning) (Sec. 155.2404);

         d.   Planned Development (Sec. 155.2405);

         e.   Plat (Sec. 155.2410);

         f.   Interim Use Permit (Sec. 155.2415);

         g.   Development Agreement (Sec. 155.2427);

         h.   Takings or Vested Right Determination (Sec. 155.2429) [placeholder]; and

         i.   Right-of-Way or Easement Abandonment (Sec. 155.2431).

      3.   Other Powers and Duties

         a.   To act as the city's local planning agency and assume general responsibility for conduct of the city's comprehensive planning program;

         b.   To work in conjunction with the Development Services Director and other city staff to prepare the city's comprehensive plan and plan amendments, and to make final recommendations to the City Commission regarding the adoption or amendment of the plan;

         c.   To monitor and oversee the effectiveness and status of the comprehensive plan, make recommendations to the City Commission regarding necessary changes to the plan, work with the Development Services Director and other city staff to prepare periodic evaluation and appraisal reports assessing the city's progress in implementing its comprehensive plan in accordance with Florida Statutes (Sec. 163.3191, Fla. Stat.), and make recommendations to the City Commission regarding adoption of the report;

         d.   To promote public interest in an understanding of the comprehensive plan and the city's planning, development regulation, and community development programs;

         e.   To annually submit to the City Commission, not less than 90 days before the beginning of the budget year, a prioritized list of recommended capital improvement projects deemed necessary or desirable in the next five years;

         f.   To work with the Development Services Director and other city staff to prepare the official city map of streets and changes to such map, and to make recommendations to the City Commission regarding adoption or amendment of the map;

         g.   To request city staff assistance in the preparation of special studies;

         h.   To seek through the City Manager information from other city agencies that is pertinent to the board's work; and

         i.   To carry out any other powers and duties delegated to it by the City Commission, consistent with state law.

   C.   Membership, Appointment, and Terms of Office

      1.   Membership and Appointment

         a.   The P&Z shall consist of seven regular voting members and three alternate members appointed by resolution of the City Commission as a whole.

         b.   Appointed regular voting members shall include:

            i.   One member nominated by the Mayor;

            ii.   One member nominated by each City Commissioner from among residents of the Commissioner's district-provided, however, that a City Commissioner may nominate a person who does not reside in the City Commissioner's district on determining such person would better serve the public interest; and

            iii.   One member appointed by the City Commission as a whole.

         c.   Alternate members shall be appointed by the City Commission as a whole.

         d.   Each regular voting member and alternate member shall be a resident of the city.

         e.   The P&Z shall also include one nonvoting member appointed by the Broward County School Board, to attend those meetings at which the board considers applications for a comprehensive plan amendment (See Chapter 154 (Planning) of the Code of Ordinances .), General Zoning Map Amendment (Rezoning) (See Section 155.2403.), Site-Specific Zoning Map Amendment (Rezoning) (See Section 155.2404.), or Planned Development (See Section 155.2405.) that proposes increasing the residential density of land.

         f.   Regular voting members and alternate members shall serve without compensation.

      2.   Terms

         a.   Regular voting members of the P&Z shall be appointed for a term which shall run concurrently with the term of the member of the City Commission who appointed them.

         b.   Alternate members shall be appointed for three-year, concurrent terms.

         c.   Regular and alternate members shall continue to serve until their successors are appointed.

      3.   Alternate Members

   The Chair of the P&Z shall be authorized to assign one of the three alternate members to serve as a substitute for a regular voting member who is temporarily absent or disqualified, in accordance with the following:

         a.   The Chair shall rotate assignments among the alternate members unless the unavailability of alternate members makes such rotation impossible.

         b.   No alternate member may serve as a substitute member for a period of more than three months.

         c.   No more than two alternate members may serve as substitute members at any one time.

         d.   No alternate member may take action as a substitute member unless the Chair first announces assignment of that role and the assignment is recorded in the official minutes of the meeting.

         e.   When substituting for regular voting members, alternate members shall have the same powers and duties as the regular voting member they replace.

      4.   Removal and Replacement; Attendance

         a.   Removal for Good Cause

            The City Commission may, by majority vote of a quorum present, remove and replace any member of the P&Z at any time for good cause, including, but not limited to, poor attendance (See subsection b below.), lack of participation, unfitness, malfeasance, and conflict of interest (See Section 155.2204.H.). Any allegation of cause for removal shall be in writing, and the City Commission shall hold a public hearing on such an allegation before taking action to remove a board member.

         b.   Removal for Poor Attendance

            Any member of the P&Z who is absent from three consecutive regularly scheduled board meetings or more than 50 percent of regularly scheduled board meetings held within a calendar year shall be removed from the board by the City Commission in accordance with subsection a above. The Chair of the P&Z or the Development Services Director shall notify the Mayor and City Commission if a member qualifies for removal under this subsection.

      5.   Vacancies

   Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only, in accordance with the following:

         a.   A vacancy in the term of a regular voting member nominated by the Mayor or by an individual City Commissioner shall be filled with a person nominated by the Mayor or the City Commissioner, respectively.

         b.   A vacancy in the term of the regular voting member and alternate members appointed by the City Commission as a whole shall be filled by the City Commission as a whole.

   D.   Chair and Vice-Chair

      1.   The P&Z shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. The Chair and Vice-Chair may be elected to successive terms without limitation.

      2.   The Chair shall preside over all board meetings. The Vice-Chair shall preside over board meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the P&Z shall vote to determine who shall serve as acting Chair for the meeting.

   E.   Staff

The Development Services Director shall serve as the professional staff liaison to the P&Z, provide it with administrative support, and serve as its Secretary, notifying board members of all meetings and keeping the minutes of the meetings.

   F.   Meetings

      1.   Schedule

         The P&Z shall adopt a schedule establishing the date, time, and location of regular meetings, provided that the P&Z shall meet at least once in a calendar month. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

      2.   Official Record

         The P&Z shall keep a written record of its recommendations, transactions, findings, and determinations. Such record shall include minutes of meetings in accordance with state law (Sec. 286.011, Fla. Stat.) and shall be a public record and filed with the Development Services Director.

      3.   Notice of Meetings

         a.   The Development Services Director shall provide notice of P&Z meetings to each board member at least 48 hours before the meeting.

         b.   Notice of all P&Z meetings and public hearings shall be provided in accordance with state law and the public hearing requirements in Section 155.2305.C, Public Hearing Notice, as appropriate.

      4.   Open Meetings

         All meetings of the P&Z shall be open to the public.

      5.   Procedure

         In conducting its meetings, the P&Z shall follow rules of procedure adopted in accordance with Section 155.2204.I, Rules of Procedure.

   G.   Quorum and Necessary Vote

      1.   Quorum

         Four voting members of the P&Z shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

      2.   Voting

         An affirmative vote of the majority of P&Z members present and constituting a quorum is required for all decisions of the P&Z.

   H.   Disqualification from Participation and Voting Based on Conflict of Interest

      1.   A member of the P&Z shall not participate in the review of, or vote on, an application for a development permit if the action proposed by the application creates a conflict of interest—that is, if the action proposed by the application would inure to the special private gain or loss of the member, any principal or corporation (or a parent organization or subsidiary of such corporation) that employs or otherwise retains the services of the member, or a close relative (e.g., parent, sibling, spouse, or parent- or sibling-in-law) or business associate of the member.

      2.   If an objection is raised to a board member's participation in a matter based on a conflict of interest (as defined in subsection 1 above), and that member does not recuse himself or herself, the remaining members of the board present shall, by majority vote of a quorum present, determine whether the member is or is not disqualified from participating in and voting on the matter.

      3.   If a board member is disqualified on a regular and continuing basis due to a conflict of interest (as defined in subsection 1 above), the Chair of the board may request, in writing, that the member resign. If the member does not resign in response to such a request, the Chair shall report the conflict of interest to the Mayor and City Commission, who may consider whether to remove and replace the member in accordance with Section 155.2204.C.4, Removal and Replacement; Attendance.

   I.   Rules of Procedure

The P&Z shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Development Services Department.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2017-60, passed 7-25-17; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Establishment

      The Architectural Appearance Committee (AAC) is hereby established in accordance with state law.

   B.   Powers and Duties

      The AAC shall have the following powers and duties under this Code:

      1.   Decide Applications for Development Permit

   To review and decide the following applications for a development permit:

         a.   Building Design (Sec. 155.2408);

         b.   Master Sign Program (Sec. 155.2416); and

         c.   Building Design - Vernacular or Superior Design Alternative.

      2.   Other Powers and Duties

         a.   To carry out any other powers and duties delegated to it by the City Commission, consistent with state law.

   C.   Membership, Appointment, and Terms of Office

      1.   Membership and Appointment

         a.   The AAC shall consist of six regular voting members and two alternate members, appointed by resolution of the City Commission as a whole.

         b.   Each regular voting member and alternate member shall be either a resident of the city or a practicing architect whose principal place of business is within the city.

         c.   At least two regular voting members shall be architects registered in the State of Florida, and at least one regular voting member shall be a landscape architect registered in the State of Florida. Remaining regular voting members shall be a Florida-registered architect, Florida-registered landscape architect, Florida-registered professional engineer, planner, building contractor, Florida-registered real estate sales person or broker, or a person possessing a background similar to the occupations listed above.

         d.   If feasible, at least one alternate member shall be a Florida-registered architect.

         e.   Regular voting members and alternate members shall serve without compensation.

      2.   Terms

         a.   Regular voting members of the AAC shall be appointed for three-year, staggered terms. Of the six members first appointed, two members shall be appointed for a term of one year; two members shall be appointed for a term of two years; and two members shall be appointed for a term of three years.

         b.   Alternate members shall be appointed for three-year concurrent terms.

         c.   Regular voting members and alternate members shall continue to serve until their successors are appointed.

      3.   Alternate Members

   The Chair of the AAC shall be authorized to assign one of the two alternate members to serve as a substitute for a regular voting member who is temporarily absent or disqualified, in accordance with the following:

         a.   The Chair shall rotate assignments between the alternate members unless the unavailability of an alternate member makes such rotation impossible.

         b.   No alternate member may serve as a substitute member for a period of more than three months.

         c.   No alternate member may take action as a substitute member unless the Chair first announces assignment of that role and the assignment is recorded in the official minutes of the meeting.

         d.   When substituting for regular voting members, alternate members shall have the same powers and duties as the regular voting member they replace.

         a.   Removal for Good Cause

            The City Commission may, by majority vote of a quorum present, remove and replace any member of the AAC at any time for good cause, including, but not limited to, poor attendance (See subsection b below.), lack of participation, unfitness, malfeasance, and conflict of interest (See Section 155.2205.H.). Any allegation of cause for removal shall be in writing, and the City Commission shall hold a public hearing on such an allegation before taking action to remove a committee member.

         b.   Removal for Poor Attendance

            Any member of the AAC who is absent from three consecutive regularly scheduled board meetings or more than 50 percent of regularly scheduled board meetings held within a calendar year shall be removed from the board by the City Commission in accordance with subsection a above. The Chair of the AAC or the Development Services Director shall notify the Mayor and City Commission if a member qualifies for removal under this subsection.

      5.   Vacancies

   Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.

   D.   Chair and Vice-Chair

      1.   The AAC shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term.

      2.   The Chair shall preside over all committee meetings. The Vice-Chair shall preside over committee meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the AAC shall vote to determine who shall serve as acting Chair for the meeting.

   E.   Staff

The Development Services Director shall serve as the professional staff liaison to the AAC, provide the AAC with administrative support, and serve as its Secretary, notifying committee members of all meetings and keeping the minutes of the meetings.

   F.   Meetings

      1.   Schedule

   The AAC shall adopt a schedule establishing the date, time, and location of regular meetings, provided that the AAC shall meet at least once in a calendar month. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

      2.   Official Record

   The AAC shall keep a written record of its recommendations, transactions, findings, and determinations. Such record shall include minutes of meetings in accordance with state law (Sec. 286.011, Fla. Stat.) and shall be a public record and with the Development Services Director.

      3.   Notice of Meetings

         a.   The Development Services Director shall provide notice of AAC meetings to each committee member at least 48 hours before the meeting.

         b.   Notice of all AAC meetings and public hearings shall be provided in accordance with state law and the public hearing requirements in Section 155.2305.C, Public Hearing Notice, as appropriate.

      4.   Open Meetings

         All meetings of the AAC shall be open to the public.

      5.   Procedure

   In conducting its meetings, the AAC shall follow rules of procedure adopted in accordance with Section 155.2205.I, Rules of Procedure.

   G.   Quorum and Necessary Vote

      1.   Quorum

   Four members of the AAC shall constitute a quorum. No official business of the committee shall be conducted without a quorum present.

      2.   Voting

   An affirmative vote of the majority of committee members present and constituting a quorum is required for all decisions of the AAC.

   H.   Disqualification from Participation and Voting Based on Conflict of Interest

      1.   A member of the AAC shall not participate in the review of, or vote on, an application if the action proposed by the application creates a conflict of interest—that is, if the action proposed by the application would inure to the special private gain or loss of the member, any principal or corporation (or a parent organization or subsidiary of such corporation) that employs or otherwise retains the services of the member, or a close relative (e.g., parent, sibling, spouse, or parent- or sibling-in-law) or business associate of the member.

      2.   If an objection is raised to a committee member's participation in a matter based on a conflict of interest (as defined in subsection 1 above), and that member does not recuse himself or herself, the remaining members of the committee present shall, by majority vote of a quorum present, determine whether the member is or is not disqualified from participating in and voting on the matter.

      3.   If a committee member is disqualified on a regular and continuing basis due to a conflict of interest (as defined in subsection 1 above), the Chair may request, in writing, that the member resign. If the member does not resign in response to such a request, the Chair shall report the conflict of interest to the Mayor and City Commission, who may consider whether to remove and replace the member in accordance with Section 155.2205.C.4, Removal and Replacement; Attendance.

   I.   Rules of Procedure

      The AAC shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the Development Services Department.

      The AAC may adopt Supplemental Criteria subject to City Commission approval, which augments the design standards found within the Zoning Code. The Supplemental Criteria will enable the AAC to determine if the design elements of proposed developments would enhance the city and, more specifically, if the city's desired aesthetics are actualized in the design of the proposed developments. Copies shall be made available for public inspection in the Development Services Department.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2018-12, passed 11-14-17; Am. Ord. 2018-67, passed 7-10-18; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Establishment

      The Historic Preservation Committee (HPC) is hereby established in accordance with state law.

   B.   Powers and Duties

      The HPC shall have the following powers and duties under this Code:

      1.   Decide Applications for Development Permit

         To review and decide the following applications for a development permit:

         a.   Major Certificate of Appropriateness (Sec. 155.2409); and

         b.   Appeal of a decision of the Development Services Director on an application for a Minor Certificate of Appropriateness (Sec. 155.2424); and

         c.   Placement on Local Register of Historic Places (Sec. 155.2427).

      2.   Adopt Design Standards and Guidelines for Properties on Local Register of Historic Places

   The HPC is authorized to and shall prepare and adopt design standards and guidelines to serve as guidance for its review of Certificate of Appropriateness applications. Design standards and guidelines may be adopted for all structures, sites, and districts on the Local Register of Historic Places, and/or may be tailored to individual historic structures, sites, or districts where appropriate to preserving and protecting their particular character. Any adopted design standards and guidelines shall be incorporated by reference as part of this Code.

      3.   Other Powers and Duties

         a.   To inventory properties of historical, prehistorical, architectural, or cultural significance and make recommendations to the City Commission regarding the inventory;

         b.   To investigate and prepare reports describing the significance of any site, building, structure, or district recommended for placement on the Local Register of Historic Places;

         c.   To develop and recommend to the city, programs to stimulate public interest in urban neighborhood conservation;

         d.   To participate in the development and adoption of existing codes, ordinances, procedures, and programs to reflect urban neighborhood conservation policies and goals.

         e.   To explore funding and grant sources and advise landowners concerning which might be available for identification, protection, enhancement, perpetuation, and use of historic, architectural, archaeological, and cultural resources;

         f.   To cooperate with agencies of city, county, regional, state, and federal governments in planning proposed and future projects to reflect historic preservation concerns and policies, and assist in the development of proposed and future use plans;

         g.   To advise landowners and local governmental agencies concerning the proper protection, maintenance, enhancement and preservation of cultural resources;

         h.   To advise the City Commission concerning the effects of local governmental actions on cultural resources;

         i.   To notify the Development Services Director or other appropriate city staff of apparent violations of the historic preservation regulations of this Code, and request appropriate enforcement action;

         j.   To determine whether structures or sites listed on the Local Register of Historic Places, or structures or sites within a historic district listed on the Local Register of Historic Places, are in danger of being demolished by condition of neglect, file code violation complaints about such conditions of neglect with the Development Services Director, consider and recommend to the City Commission whether the City should make repairs necessary to correct such conditions of neglect that remain uncorrected by the property owner or other responsible person, and to hear and decide claims by property owners that compliance with orders to correct conditions of neglect would create undue economic hardship.

         k.   To assist in developing a historic preservation element to be incorporated into the city's comprehensive plan and, if necessary, make recommendations for amendments to historic preservation goals, objectives, and policies in the plan;

         l.   To review, as a Certified Local Government, proposed National Register nominations within the city;

         m.   To prepare an annual report of the HPC's activities during the period between October 1 and September 30 of each year and provide a copy of the report to the State Historic Preservation Officer by the following November;

         n.   To be governed by the "Florida Guidelines for Certified Local Governments" and any other requirements established set forth by the Florida Division of Historic Resources for continued status as a Certified Local Government;

         o.   To seek expertise in any area not represented by the qualifications of committee members when considering National Register nomination proposals and other actions that will impact properties normally evaluated by professionals in such an area;

         p.   To create whatever subcommittees it deems necessary to carry out the committee's purposes; and

         q.   To carry out any other powers and duties delegated to it by the City Commission, consistent with state law.

   C.   Membership, Appointment, and Terms of Office

      1.   Membership and Appointment

         a.   The HPC shall consist of seven regular voting members and two alternate members, appointed by resolution of the City Commission as a whole.

         b.   At least one regular voting member shall be an architect registered in the State of Florida. Appointment of remaining regular voting members shall be based on civic pride, integrity, experience, and interest in the field of historic preservation, and shall, to the extent available, include a representative with expertise from each of the following fields:

            i.   History;

            ii.   Architecture;

            iii.   Architectural history;

            iv.   Archaeology;

            v.   Planning; and

            vi.   Other historic preservation related disciplines such as American studies, American civilization, cultural geography, or cultural anthropology.

         c.   The City Commission may appoint lay persons demonstrating special interest, experience, or knowledge in the above fields if professionals in the fields are not available.

         d.   If feasible, at least one alternate member shall be a Florida-registered architect.

         e.   Regular voting members and alternate members shall serve without compensation.

         f.   The Development Services Director shall notify the State Historic Preservation Officer of any change in HPC membership within 30 days after such change.

      2.   Terms

         a.   Regular voting members of the HPC shall be appointed for three-year, staggered terms. Of the seven members first appointed, two members shall be appointed for a term of one year; two members shall be appointed for a term of two years; and three members shall be appointed for a term of three years.

         b.   Alternate members shall be appointed for three-year concurrent terms.

         c.   Members shall continue to serve until their successors are appointed.

         d.   A member may serve no more than two consecutive full terms, but may be reappointed to the committee after at least one year elapses after expiration of their second term.

      3.   Alternate Members

   The Chair of the HPC shall be authorized to assign one of the two alternate members to serve as a substitute for a regular voting member who is temporarily absent or disqualified, in accordance with the following:

         a.   The Chair shall rotate assignments between the alternate members unless the unavailability of an alternate member makes such rotation impossible.

         b.   No alternate member may serve as a substitute member for a period of more than three months.

         c.   No alternate member may take action as a substitute member unless the Chair first announces assignment of that role and the assignment is recorded in the official minutes of the meeting.

         d.   When substituting for regular voting members, alternate members shall have the same powers and duties as the regular voting member they replace.

      4.   Removal and Replacement; Attendance

         a.   Removal for Good Cause

      The City Commission may remove and replace any member of the HPC at any time for good cause, including, but not limited to, poor attendance (See subsection b below.), lack of participation, unfitness, malfeasance, and conflict of interest (See Section 155.2206.H.). Any allegation of cause for removal shall be in writing, and the City Commission shall hold a public hearing on such an allegation before taking action to remove a committee member.

         b.   Removal for Poor Attendance

      Any member of the HPC who is absent from three consecutive regularly scheduled board meetings or more than 50 percent of regularly scheduled board meetings held within a calendar year shall be removed from the board by the City Commission in accordance with subsection a above. The Chair of the HPC shall notify the Mayor and City Commission if a member qualifies for removal under this subsection.

      5.   Vacancies

   Vacancies occurring for reasons other than expiration of terms shall be filled for the period of the unexpired term only.

   D.   Chair and Vice-Chair

      1.   The HPC shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term.

      2.   The Chair shall preside over all committee meetings. The Vice-Chair shall preside over committee meetings in the absence of the Chair. If both the Chair and Vice-Chair are absent, the HPC shall vote to determine who shall serve as acting Chair for the meeting.

   E.   Staff

The Development Services Director shall serve as the professional staff liaison to the HPC, provide it with administrative support, and serve as its Secretary, notifying committee members of all meetings and keeping the minutes of the meetings.

   F.   Meetings

      1.   Schedule

   The HPC shall adopt a schedule establishing the date, time, and location of regular meetings. The Development Services Director shall provide a copy of the HPC's meeting schedule to the State Historic Preservation Officer. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call special meetings—provided, however, that the HPC shall hold at least four regular meetings each calendar year.

      2.   Official Record

   The HPC shall keep a written record of its recommendations, transactions, findings, and determinations. Such record shall include minutes of meetings in accordance with state law (Sec. 286.011, Fla. Stat.) and shall be a public record and filed with the Development Services Director. The minutes shall include a record of meeting attendance by HPC members as well as public attendance figures. The Development Services Director shall provide a copy of the minutes of each HPC meeting to the State Historic Preservation Officer within 30 days after the meeting.

      3.   Notice of Meetings

         a.   The Development Services Director shall provide notice of HPC meetings to each committee member at least 48 hours before the meeting.

         b.   The Development Services Director shall provide notice of each HPC meeting to the State Historic Preservation Officer at least 30 days before the meeting date.

         c.   Notice of all HPC meetings and public hearings shall be provided in accordance with state law and the public hearing requirements in Section 155.2305.C, Public Hearing Notice, as appropriate.

      4.   Open Meetings

         All meetings of the HPC shall be open to the public.

      5.   Procedure

   In conducting its meetings, the HPC shall follow rules of procedure adopted in accordance with Section 155.2206.I, Rules of Procedure.

   G.   Quorum and Necessary Vote

      1.   Quorum

   Four members of the HPC shall constitute a quorum. No official business of the committee shall be conducted without a quorum present.

      2.   Voting

   An affirmative vote of the majority of HPC members present and constituting a quorum is required for all decisions of the HPC.

   H.   Disqualification from Participation and Voting Based on Conflict of Interest

      1.   A member of the HPC shall not participate in the review of, or vote on, an application if the action proposed by the application creates a conflict of interest—that is, if the action proposed by the application would inure to the special private gain or loss of the member, any principal or corporation (or a parent organization or subsidiary of such corporation) that employs or otherwise retains the services of the member, or a close relative (e.g., parent, sibling, spouse, or parent- or sibling-in-law) or business associate of the member.

      2.   If an objection is raised to a committee member's participation in a matter based on a conflict of interest (as defined in subsection 1 above), and that member does not recuse himself or herself, the remaining members of the committee present shall, by majority vote of a quorum present, determine whether the member is or is not disqualified from participating in and voting on the matter.

      3.   If a committee member is disqualified on a regular and continuing basis due to a conflict of interest (as defined in subsection 1 above), the Chair may request, in writing, that the member resign. If the member does not resign in response to such a request, the Chair shall report the conflict of interest to the Mayor and City Commission, who may consider whether to remove and replace the member in accordance with Section 155.2205.C.4, Removal and Replacement; Attendance.

   I.   Rules of Procedure

The HPC shall adopt rules of procedure governing its procedures and operations. Copies shall be made available for public inspection in the office of the Development Services Director.

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

   A.   Development Services Director

The Development Services Director is the city official primarily responsible for conducting staff reviews of applications and administering the provisions of this Code. The Development Services Director may delegate any decision or review authority to any professional-level staff in the Development Services Department. The Development Services Director shall have the following powers and duties under this Code:

      1.   Decide on Applications for Development Permit

         To review and decide the following applications for a development permit:

         a.   Minor Site Plan (Sec. 155.2407);

         b.   Minor Certificate of Appropriateness (Sec. 155.2409);

         c.   Tree Permit (Sec. 155.2411);

         d.   Minor Temporary Use Permit (Sec. 155.2412);

         e.   Zoning Compliance Permit (Sec. 155.2413);

         f.   Zoning Use Certificate (Sec. 155.2414);

         g.   Minor Administrative Adjustment (Sec. 155.2421);

         h.   Interpretation (Sec. 155.2423);

         i.   Reasonable Accommodation (Sec. 155.2432); and

         j.   Public Purpose Adjustment (Sec. 155.2435).

      2.   Make Recommendations on Applications for Development Permit

         To review and make recommendations on the following applications for a development permit:

         a.   Text Amendment (Sec. 155.2402);

         b.   General Map Amendment (Rezoning) (Sec. 155.2403);

         c.   Site-Specific Map Amendment (Rezoning) (Sec. 155.2404);

         d.   Planned Development (Sec. 155.2405);

         e.   Special Exception (Sec. 155.2406);

         f.   Major Site Plan (Sec. 155.2407);

         g.   Building Design (Sec. 155.2408);

         h.   Major Certificate of Appropriateness (Sec. 155.2409);

         i.   Plat (Sec. 155.2410);

         j.   Major Temporary Use (Sec 155.2412);

         k.   Interim Use Permit (Sec. 155.2415);

         l.   Variance (Sec. 155.2420);

         m.   Major Administrative Adjustment (Sec. 155.2421);

         n.   Air Park Obstruction (Sec. 155.2422);

         o.   Development Agreement (Sec. 155.2428);

         p.   Takings or Vested Right Determination (Sec. 155.2429) [placeholder];

         q.   Right-of-Way or Easement Dedication Acceptance (Sec. 155.2430); and

         r.   Right-of-Way or Easement Abandonment (Sec. 155.2431).

      3.   Other Powers and Duties

         a.   To conduct pre-application meetings;

         b.   To serve as Chair of the DRC and review and comment on applications for a development permit reviewed under this Code as a member of the DRC;

         c.   To establish requirements for the contents of applications for a development permit reviewed under this Code, and a submittal schedule for review of such applications;

         d.   To develop, adopt, and amend an administrative manual that may specify detailed submittal and procedural requirements for various development applications (e.g., application forms, checklists of plans and other documents to be submitted with applications, the content and scale/format of submitted plans and documents, schedules and timelines of review steps), identify application fees (as set by the City Commission as an appendix to this Code), summarize Code review processes and standards to facilitate use and understanding of this Code, and/or detailed specifications and illustrations identifying how this Code's standards for landscaping, public infrastructure, and other aspects of development may be met;

         e.   To maintain the Official Zoning Map and related materials;

         f.   To serve as professional staff liaison to the ZBA, P&Z, AAC, and HPC;

         g.   To assist in enforcing this Code in accordance with Article 8: Enforcement;

         h.   To provide expertise and technical assistance to the city's review and decision-making bodies, on request; and

         i.   To maintain on file a record of all applications for a development permit reviewed under this Code and make copies available on request.

   B.   Development Review Committee (DRC)

      The Development Review Committee (DRC) is hereby established in accordance with state law.

      1.   Powers and Duties

   The DRC shall have the following powers and duties under this Code:

         a.   Comment on Applications for Development Permit

      To review and comment to the Development Services Director on the following applications for a development permit:

            i.   Text Amendment (Sec. 155.2402);

            ii.   General Map Amendment (Rezoning) (Sec. 155.2403);

            iii.   Site-Specific Map Amendment (Rezoning) (Sec. 155.2404);

            iv.   Planned Development (Sec. 155.2405);

            v.   Major Site Plan (Sec. 155.2407);

            vi.   Minor Site Plan (Sec. 155.2407);

            vii.   Building Design (Sec. 155.2408);

            viii.   Plat (Sec. 155.2410);

            ix.   Major Administrative Adjustment (Sec. 155.2421);

            x.   Development Agreement (Sec. 155.2428);

            xi.   Allocation of Flexibility or Reserve Units (Sec. 155.2426);

            xii.   Comprehensive Plan Map Amendment (Sec. 155.2436); and

            xiii.   Air Park Obstruction Permit (Sec. 155.2422).

         b.   Other Powers and Duties

            i.   To conduct pre-application meetings;

            ii.   To assist the Development Services Director in developing and maintaining an administrative manual, on request;

            iii.   To provide expertise and technical assistance to the city's review and decision-making bodies, on request; and

            iv.   To review and comment on proposed amendments to the comprehensive plan.

      2.   Membership and Appointment

         a.   The DRC shall consist of the Development Services Director plus a representative from each of the following city departments and divisions involved with development review, as designated by the head of the department or division:

            i.   Zoning Section, Planning and Zoning Division, Development Services Department;

            ii.   Planning Section, Planning and Zoning Division, Development Services Department;

            iii.   Urban Forestry Office, Planning and Zoning Division, Development Services Department;

            iv.   Building Inspections Division, Development Services Department;

            v.   Engineering/CIP Division, Public Works Department;

            vi.   Fire Department; and

            vii.   The law enforcement agency of the city.

         b.   On request by the Development Services Director, representatives from other city departments and divisions (e.g., the Solid Waste and Air Park Divisions of the Public Works Department, the Water and Wastewater Divisions of the Utilities Department, and the Recreation Department), and from non-city regulatory agencies, service providers, and organizations generally involved with development review or commonly affected by development (e.g., the Broward Metropolitan Planning Organization and South Florida Water Management District) may participate in DRC meetings.

      3.   Chair

   The Development Services Director shall serve as Chair of the DRC, and shall schedule committee meetings, coordinate the committee's activities, preside over committee meetings, prepare committee reports, and serve as liaison to the departments and agencies involved for clarification of issues and resolution of conflicts.

      4.   Meetings

         a.   Schedule

      The DRC shall establish a regular meeting schedule and meet frequently enough to act as expeditiously as practicable on matters before it. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, or call special meetings.

         b.   Record of Comments

      Written review comments of DRC members shall be filed in the Development Services Department.

   C.   City Attorney

In addition to the authority and duties conferred on the City Attorney by general law, the City of Pompano Beach Charter, and the Code of Ordinances , the City Attorney is authorized under this Code:

      1.   To review and approve as to form all written findings of fact, conclusions of law, development permits, development orders, ordinances, and other documents drafted by the City Commission, ZBA, P&Z, AAC, HPC, Development Services Director, DRC, and city departments in connection with any requirement of this Code;

      2.   To review as to form all agreements, Planned Development Agreements, easements, declarations of covenants, performance and maintenance guarantees, or other such documentation in connection with any requirement of this Code;

      3.   To assist the city in enforcing this Code and prosecuting actions against violators, in accordance with Article 8: Enforcement and Chapter 37 (Pompano Beach Code Enforcement); and

      4.   To counsel the City Commission, ZBA, P&Z, AAC, HPC, Development Services Director, DRC, and city departments in the review of applications for a development permit and the general implementation of this Code.

   D.   Other City Staff

In addition to the authority and duties conferred by general law and the Code of Ordinances , other city staff (e.g., City Engineer, Public Works Director, and Building Official) shall have the following powers and duties under this Code:

      1.   To review and comment on applications for a development permit reviewed under this Code that are referred to them by the Development Services Director;

      2.   To assist the Development Services Director in establishing requirements for the contents of applications for a development permit reviewed under this Code, on request;

      3.   To assist the Development Services Director in developing and maintaining an administrative manual, on request;

      4.   To assist in enforcing this Code in accordance with Article 8: Enforcement; and

      5.   To provide expertise and technical assistance to the Development Services Director, DRC, and advisory and decision-making bodies, on request.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2017-60, passed 7-25-17; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

      The purpose of a pre-application meeting is to provide an opportunity for the applicant to determine the submittal requirements and the review procedures and standards applicable to an anticipated application for a development permit reviewed under this Code. A pre-application meeting is also intended to provide an opportunity for city staff to become familiar with, and offer the applicant preliminary comments about, the scope, features, and impacts of the proposed development, as it relates to Code requirements.

   B.   APPLICABILITY

      1.   Pre-Application Meeting Required

         Except for applications for a development permit initiated by city staff, the P&Z, or the City Commission, a pre-application meeting between the applicant and either selected city staff members or the DRC, as determined appropriate by the Development Services Director, shall be required before submittal of the following applications:

         a.   Site-Specific Zoning Map Amendment (Rezoning);

         b.   Planned Development;

         c.   Special Exception;

         d.   Major Site Plan;

         e.   Building Design;

         f.   Major Certificate of Appropriateness;

         g.   Plat;

         h.   Major Temporary Use Permit ;

         i.   Minor Temporary Permit;

         j.   Variance;

         k.   Placement on Local Register of Historic Places; and

         l.   Development Agreement.

         A pre-application meeting may be requested and held at the applicant's option for any application reviewed under this Code other than those listed in subsection 1 above. Such requests shall be submitted to the Development Services Director, who shall determine whether the conference is conducted with selected city staff members or the DRC.

         Where two or more applications for a development permit are submitted concurrently, the requirement for a pre-application meeting may be met with a single meeting.

      1.   At least five business days before a pre-application meeting for a Planned Development (Section 155.2405), Special Exception (Section 155.2406), Major Site Plan (Section 155.2407), Building Design (Section 155.2408), or Plat (Section 155.2410), the applicant shall submit to the Development Services Director a sketch plan or conceptual drawings that show the location, general layout, and main elements of the development to be proposed as part of the application.

      2.   At least five business days before a pre-application meeting for Building Design (Section 155.2408) or a Major Certificate of Appropriateness (Section 155.2409), the applicant shall submit to the Development Services Director drawings or other graphics that show the exterior facades of the proposed development.

      The pre-application meeting is intended as a means of facilitating the review process. Discussions held in accordance with this section are not binding on the city. Processing times for review of applications for a development permit do not begin until a formal, complete application is submitted and determined to be complete.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

The purpose of this section is to recognize and encourage pre-application neighborhood meetings as opportunities for informal communication between prospective applicants for a development permit (especially major development permits) and the owners and occupants of properties neighboring the proposed development site-communication in which the prospective applicant describes development plans, the neighbors ask questions and express their concerns about the proposed development, and the prospective applicant and neighbors resolve conflicts and conflicts and outstanding issues, where possible. To the extent neighborhood meetings address and resolve conflicts and issues before the application is finalized and submitted, the subsequent city review of and hearings on the application is likely to be less contentious and more focused on specific issues, and thus more efficient and effective. This section sets forth procedures for conducting neighborhood meetings that help ensure the meetings will be effective in serving the above purpose.

   B.   Applicability

A neighborhood meeting is encouraged, but not required, before submittal of any application for a development permit reviewed under this Code.

   C.   Procedure

      If a neighborhood meeting is held by the applicant, it shall comply with the following procedures:

      1.   Time and Place

   The applicant shall schedule the neighborhood meeting for a time and place that is convenient and accessible to neighbors residing in close proximity to the land subject to the application. It shall be scheduled after 5:00 p.m. on a weekday.

      2.   Notification

         a.   Mailed Notice

      The applicant shall mail notice of the neighborhood meeting a minimum of ten days in advance of the meeting to the Development Services Director and all persons to whom mailed notice of a public hearing on the application is required by Section 155.2305.C.3, Mailed Notice Requirements. If no public hearing is required, the notice shall be mailed to the owners of all properties adjoining or directly across the street from the land subject to the application.

         b.   Posted Notice

      The applicant shall post notice of the neighborhood meeting on the land subject to application for a development permit at least ten days before the date fixed for the meeting, in a form established by the Development Services Director.

         c.   Notice Content

      The notice shall state the time and place of the meeting and general nature of the development proposal.

      3.   Conduct of Meeting

   At the neighborhood meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to questions and concerns neighbors raise about the application, and propose ways to resolve conflicts and concerns.

      4.   Staff Attendance

   City staff may attend the neighborhood meeting for the purpose of advising attendees about applicable provisions of this Code and the comprehensive plan, but shall not serve as facilitators or become involved in discussions about the development proposal.

      5.   Written Summary of Neighborhood Record of Meeting

   The applicant shall prepare a written summary of the meeting that includes a list of meeting attendees, a summary of attendee comments, discussed issues related to the development proposal, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.

      6.   Response to Summary

   Any person attending the neighborhood meeting may submit a written response to the applicant's meeting summary to the Development Services Director within ten days after acceptance of the application. The response may state their understanding of attendee comments and discussed issues related to the development proposal, and any other information they deem appropriate. All written responses to the applicant's summary of the neighborhood meeting shall be transmitted to the applicant, included with the application materials, and made available for public inspection.

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

   A.   Authority to Submit Applications

      1.   Unless expressly stated otherwise in this Code, applications for a development permit reviewed under this Code shall be submitted by:

         a.   The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or

         b.   A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by such owner, contract purchaser, or other person.

      2.   If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

   B.   Application Contents

The Development Services Director is authorized to and shall establish in an administrative manual the requirements for the content and form of applications for each type of application for a development permit reviewed under this Code. The Development Services Director may amend and update these requirements as determined necessary to ensure effective and efficient city review under this Code. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance of the proposed application for a development permit with applicable standards.

   C.   Application Fees

The City Commission shall establish application fees as part of the Appendix to this Code, and may amend and update those fees as determined necessary.

   D.   Submittal and Review Schedule

The Development Services Director is authorized to and shall establish in an administrative manual the submittal and review schedule (including time frames for review) for applications for a development permit reviewed under this Code. The Development Services Director may amend and update these requirements as determined necessary to ensure effective and efficient review under this Code.

   E.   Application Submittal

Applications for a development permit reviewed under this Code shall be submitted to the Development Services Director in the form established by the Development Services Director (Section 155.2303.B, Application Contents), along with a fee established in accordance with Section 155.2303.C, Application Fees.

   F.   Determination of Application Completeness

      1.   Completeness Review

         On receiving an application for a development permit reviewed under this Code, the Development Services Director shall, within 7 calendar days, determine whether the application is complete or incomplete. A complete application is one that:

         a.   Contains all information and materials established by the Development Services Director as required for submittal of the particular type of application;

         b.   Is in the form established by the Development Services Director as required for submittal of the particular type of application;

         c.   Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Code; and

         d.   Is accompanied by the fee established for the particular type of application.

      2.   Application Incomplete

         a.   On determining that the application is incomplete, the Development Services Director shall notify the applicant of the deficiencies within the specified completeness review period. The applicant may correct the deficiencies and resubmit the application for completeness determination.

         b.   If the applicant fails to resubmit an application within 30 calendar days after being first notified of deficiencies, the application shall be considered withdrawn. A non-refundable $100 administration fee will be applied to withdrawn applications, but all other fees will be refunded.

         c.   The Development Services Director shall not process an application for further review until it is determined to be complete.

      3.   Application Complete

   On determining that the application is complete, the Development Services Director shall accept the application for review in accordance with the procedures and standards of this Code. The time frame and cycle for review of the application shall be based on the date the application is determined to be complete.

         a.   Per F.S. § 166.033, 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. An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality's decision.

   G.   Application Revision

      1.   An applicant may revise the application after receiving initial staff review comments on the application or on requesting and receiving permission from a review or decision-making body after that body has reviewed but not yet taken action on the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by the staff or the review or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the plan for development proposed in the application.

      2.   Any other revisions to the application may be submitted at any time during the review procedure, but the revised application shall be submitted and reviewed as if a new application, and may be subject to additional application fees to defray the additional costs of processing the revised application.

      3.   All revised applications shall be submitted to the Development Services Director.

   H.   Application Withdrawal

      1.   An applicant may withdraw an application for a development permit reviewed under this Code at any time by submitting a letter of withdrawal to the Development Services Director.

      2.   Applications withdrawn after required notice of any public hearing scheduled for the application shall be subject to limitations on the subsequent submittal of similar applications (See Section 155.2308.D, Limitation on Subsequent Similar Applications.). Application fees shall not be refunded for withdrawn applications.

      On determining that the application is denied, the Development Services Director will provide written communication with findings supporting the denial. A project with an incomplete submittal will not be placed on the agenda of the decision-making body for board review.

      1.   If the applicant does not apply to the decision-making body within the submittal deadline period for the decision-making authority, the application will be automatically denied at the 120 or 180 day deadline. Written communication will be sent to the applicant notifying them of the date of denial. Prior to the 120 or 180 day expiration, both parties may agree to a reasonable request for an extension of time in accordance with the procedures above. If denied, the applicant will have the option to request a waiver of time limitations and submit a new application in accordance with the procedures in § 155.2308.D, Limitation on Subsequent Similar Applications.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2020-47, passed 3-10-20 ; Am. Ord. 2026-08, passed 12-9-25)

If an application is subject to a recommendation by the HPC or the P&Z (See Table 155.2101, Summary of Development Review Responsibilities.), the HPC or P&Z, as appropriate, shall review and act on the application in accordance with the following procedures.

   A.   The advisory body shall consider the application, relevant support materials, staff report, and any public comments made at a public hearing (if required), and shall recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Part 4 (Application-Specific Review Procedures) of this article.

   B.   The advisory body's recommendation shall comply with any public hearing requirements (if required) and clearly state the factors considered in the decision and the basis or rationale for the recommended decision.

   C.   The advisory body shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the city .

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

If an application is subject to a final decision by the HPC, AAC, P&Z, ZBA, or City Commission (See Table 155.2101, Summary of Development Review Responsibilities.), the decision-making body shall review and decide the application in accordance with the following procedures.

   A.   Burden of Proof and Persuasion

The applicant bears the burden of demonstrating that an application complies with applicable review standards. The burden is not on the city or other parties to show that the standards are not met by the applicant.

   B.   Public Hearing

If the application is subject to a public hearing (see Table 155.2305.A, Required Public Hearings), the public hearing shall be held in accordance with the following procedures.

      1.   Quasi-Judicial Public Hearings

   Quasi-judicial public hearings shall comply with the additional procedures and special considerations required by Section 30.08 of the Code of Ordinances and by state law.

      2.   Standard Public Hearings

   Standard public hearings shall comply with the following procedures and special considerations.

         a.   Conduct of the Public Hearing

            i.   Rights of All Persons

         Any person may appear at the public hearing and submit documents, materials, and other written or oral testimony, either individually or as a representative of an organization. Persons speaking at the hearing shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent.

            ii.   Time Restrictions

         The body conducting the public hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

            iii.   Continuance of Hearing

         The body conducting the public hearing may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place.

         b.   Order of Proceedings: Standard Public Hearing

      The order of proceedings at a standard public hearing shall be as follows:

            i.   Opening of Hearing

         The person chairing the body conducting the hearing shall open the public hearing.

            ii.   Staff Presentation

         The Development Services Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any prior advisory body findings and recommendations, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each speaker after the speaker's presentation.

            iii.   Applicant Presentation

         The applicant or the applicant's representatives shall present any information the applicant deems appropriate, including testimony of witnesses. Members of the body conducting the hearing may ask questions of each speaker after the speaker's presentation.

            iv.   Public Comment

         Any person other than the applicant or the applicant's representatives or witnesses may be permitted to speak in support of or in opposition to the application.

            v.   Responses to Presentations and Comments

               (A)   The applicant may respond to any testimony, comments, documents, or materials presented by the Development Services Director or the public.

               (B)   The Development Services Director may respond to any testimony, comments, documents, or materials presented by the applicant or the public.

            vi.   Close of Hearing

         The person chairing the body conducting the hearing shall close the public hearing.

      3.   Public Hearing Record

   The body conducting the public hearing shall record the proceedings by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording at a reasonable time, or make copies at that person's own expense, at the Development Services Department.

   C.   Review and Decision

      1.   Review and Decision

         a.   General

      The decision-making body shall review the application, relevant support materials, the staff report, any advisory body recommendations, and any public comments, and shall make one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in Part 4 (Application-Specific Review Procedures) of this article.

            i.   The decision-making body may remand the application to the Development Services Director for further consideration of new information or specified issues or concerns by the staff or any advisory bodies.

            ii.   Unless stated otherwise in this Code, the decision-making body's decision shall clearly state the factors considered in the decision and the basis or rationale for the recommended decision.

            iii.   The decision-making body shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the city .

         b.   Additional Requirements after a Quasi-Judicial Public Hearing

      If the application is subject to a quasi-judicial public hearing (see Table 155.2305.A, Required Public Hearings), the decision-making body's review and decision shall comply with the following additional requirements.

            i.   Review shall be limited to information contained in reports, recommendations, evidence, and testimony entered into the record of the public hearing;

            ii.   The decision shall be based on application of applicable review standards to the record of the public hearing; and

            iii.   The statement of its decision shall be reduced to writing and include at least the following elements:

               (A)   A description or summary of material and substantial factual evidence presented at the public hearing;

               (B)   Findings of fact based on evidence presented at the public hearing;

               (C)   Statements concluding whether the application does or does not comply with applicable review standards, based on competent substantial evidence in the record;

               (D)   A statement of the decision on the application (e.g., approval, approval subject to conditions, or denial), based on competent substantial evidence in the record; and

               (E)   A clear statement of any conditions of approval.

      2.   Conditions of Approval

   Conditions of approval shall be limited to those deemed necessary to ensure compliance with the requirements and particular standards of this Code or prevent or minimize adverse effects from the proposed development on surrounding lands. They shall be related in both type and amount to the anticipated impacts of the proposed development on the public and surrounding development. All conditions of approval shall be expressly set forth in the development order.

         Final decisions shall be in the form of a written Development Order, signed by the appropriate Chair and rendered to the respective board secretary. A Development Order is rendered on the date the signed written order is filed with the respective board clerk or secretary.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Notice of Decision

      Within ten calendar days after a final written order is rendered in accordance with Section 155.2307.C.3, the Development Services Director shall provide the applicant written notice of the decision, either by electronic notice (or certified mail if no email is provided) and make a copy of the decision available to the public at the Development Services Department, during normal business hours.

   B.   Expiration of Development Order

      1.   General

   Development orders granted in accordance with this Code shall expire as provided in Part 4 (Application-Specific Review Procedures and Standards) of this article for the particular type of development order. If no expiration period is provided in Part 4 for a particular type of development order, the development order shall expire if a Zoning Compliance Permit is not obtained within two years. A change in ownership of the land shall not affect the established expiration time period.

      2.   Extension of Expiration Time Period

         a.   Except as otherwise provided in subsections b and c below, the expiration period of a development order may be extended provided the applicant or owner of land subject to the development order submits a written request for an extension to the Development Services Director at least 45 days before the expiration date and the request sets forth the basis and reason for the extension. The burden of demonstrating sufficient grounds for an extension rests on the requestor. Extensions may be granted in accordance with the following:

            i.   For all development orders, the Development Services Director may grant one or more extensions for up to a cumulative total of 90 days.

            ii.   For development orders for a Variance or Special Exception, the ZBA may, subsequent to any extension(s) granted by the Development Services Director, grant up to two extensions for up to a cumulative total of two years per extension (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for a Variance or Special Exception be extended for more than four years.

            iii.   For development orders for an Interim Use Permit, the ZBA may, subsequent to any extension(s) granted by the Development Services Director, grant up to two extensions for up to a cumulative total of two years per extension (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for an Interim Use Permit be extended for more than four years. The aforementioned required written basis and reason for extension must demonstrate:

               (A)   The use continues to be an interim use requiring an Interim Use Permit in accordance with Section 155.2415.B, Applicability;

               (B)   The Interim Use Permit holder has made a good faith effort to obtain all government approvals and permits; and

               (C)   Operation of the Interim Use has not created an unreasonable nuisance or risk, including:

                  (1)   Damage to public or private property, beyond normal wear and tear;

                  (2)   Injury to persons;

                  (3)   Public or private disturbances or nuisances;

                  (4)   Unsafe impediments or distractions to, or congestion of, vehicular or pedestrian travel;

                  (5)   Additional and impractical or unduly burdensome police, fire, trash removal, maintenance, or other public services demands; or

                  (6)   Other adverse effects upon the public health, safety, or welfare.

            iv.   For development orders for a Site Plan, except for development orders subject to or governed by an enforceable Development Agreement the P&Z may, subsequent to any extension(s) granted by the Development Services Director, grant up to one extension for up to two years (including extensions granted by the Development Services Director). Under no circumstances shall a Development Order for a Site Plan be extended for more than two years. The aforementioned required written basis and reason for extension must provide competent and substantial evidence demonstrating compliance with one or more of the following criteria:

               (A)   Reasonable efforts were made to apply for a Building Permit and reasonable steps were taken to secure any other development approvals that may be needed from other permitting authorities to allow for the submittal of an application for a Building Permit; or

               (B)   Since the date of the development order, substantial expenditures have been made or substantial obligations have been incurred in reliance on the approval and in furthering and proceeding with the development; or

               (C)   The delay in proceeding with the commencement of development resulted from a "force majeure" or "Act of God" or extreme economic conditions of the market, and not acts of omission by the applicant or owner.

            v.   For all other development orders, the authority that approved the development order may, subsequent to any extension(s) granted by the Development Services Director, grant a single extension for up to a cumulative total of two years (including extensions granted by the Development Services Director).

         b.   The expiration period for a development order for a Major Temporary Use Permit , Minor Temporary Use Permit , and Zoning Use Certificates may not extended.

         c.   Any development order which has been extended pursuant to state law, executive order, or by other legal means not set forth in this section, may not subsequently be extended pursuant to the provisions of subsection 2.a. above unless otherwise provided by law.

   C.   Modification or Amendment of Development Order

Except as otherwise provided in Part 4 (Application-Specific Review Procedures and Standards) of this article for the particular type of application for a development permit, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedural and fee requirements applicable to the particular type of application for a development permit.

   D.   Limitation on Subsequent Similar Applications

      1.   Prior Application Denial

         a.   If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of denial unless the decision-making body waives this time limit in accordance with subsection b below.

         b.   The owner of the subject land, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Development Services Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit on finding that the owner of the subject land has demonstrated that:

            i.   There is a substantial change in circumstances relevant to the issues or facts considered during review of the prior application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

            ii.   New or additional information is available that was not available at the time of review of the prior application and that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the new application; or

            iii.   The new application proposed to be submitted is materially different from the prior application; or

            iv.   The final decision on the prior application was based on a material mistake of fact.

      2.   Prior Application Withdrawal

   If an application requiring a public hearing is withdrawn after required notice of the public hearing is provided, no application proposing the same or similar development on all or part of the same land shall be submitted within six months after the date of withdrawal.

The running of the expiration time period for any development order shall be tolled during use of the property by a government entity for a public purpose as demonstrated by an interlocal agreement, lease, or similar legal document with the lawful owner of the property. The tolling period shall commence on the effective date of the interlocal agreement, lease, or similar legal document. The tolling shall terminate upon the expiration of the interlocal agreement, lease, or similar legal document, or the expiration of five years, whichever is sooner. The request for the tolling shall be made at least 45 days prior to the expiration of the development order, and shall be subject to approval by resolution of the City Commission.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2017-05, passed 10-25-16; Am. Ord. 2019-110 , passed 9-24-19)

When the City Commission is considering either a text amendment to the city Zoning Code or a change of zoning district, applications for permits and development order(s), including zoning compliance permit(s) and zoning use certificate(s), shall not be accepted or issued when prospectively a text amendment or zoning district change, upon enactment by the City Commission, would result in the nonconforming or unlawful development or use of the subject property.

   A.   Applications for permits and development orders including building applications, zoning compliance permits, zoning use certificates shall be deferred and held in abeyance beginning at the earlier of:

      1.   The Planning and Zoning Board has held its initial public hearing on any text amendment or zoning district change; or

      2.   Publication of a notice of a public hearing before the City Commission to consider a resolution declaring zoning in progress.

   B.   Zoning in progress shall not apply if:

      1.   The Development Services Director has determined that approval of the application for a permit or development order would not result in the nonconforming or unlawful use of property in light of the proposed text amendment or zoning district change; or

      2.   Six months have passed since the zoning in progress commenced pursuant to subsection A. above. The six months zoning in progress period may be extended for up to an additional three months by resolution of the City Commission where the public interest requires such extension.

   C.   Nothing in this section shall be construed or applied to abrogate the vested right of a property owner to complete development (See Section 155.2429.).

   D.   An affected person may appeal the application of this provision to the Zoning Board of Appeals for review by filing an appeal with the Development Services Director, in accordance with the procedures outlined in Section 155.2424., Appeals.

(Ord. 2019-23, passed 1-22-19)

   A.   General

      This section sets forth supplemental review procedures, standards, and related information for each of the applications for a development permit reviewed under this Code, as listed in Table 155.2101, Summary of Development Review Responsibilities. They apply in addition to, or instead of, the standard review procedures set forth in Part 3 (Standard Review Procedures) of this article.

   B.   Structure of Procedures

      For each type of application for a development permit reviewed under this Code, the following sections state the purpose of the section and/or type of development permit, and whether each of the steps in the standard review procedure is applicable, optional, or not applicable. They also include, for each step, any variations of, or additions to, the standard review procedures set forth in Part 3 (Standard Review Procedures) of this article.

   C.   Unity of Title Agreement

      In conjunction with the submittal of an application for a development permit when it is deemed necessary for compliance with standards in this Code for the owner of adjacent lots or parcels to execute an agreement whereby such lots or parcels shall be considered an undivided parcel for zoning purposes, a "unity of title agreement" or equivalent instrument shall be required to be executed by the owner and recorded in the public records of Broward County. This agreement shall be considered to be a restriction running with the land and shall bind the heirs, successors and assigns of the owner.

      Any agreement or instrument executed to meet land development requirements as set forth in this Code, shall first be submitted to Development Services for review and approval. Certain agreements may require the city to be a party to same should the city determine its participation is necessary to ensure continued compliance with the conditions. Once approved by the city, any such agreement or instrument shall be executed by the owner and recorded in the public records of Broward County and shall constitute a restriction running with the land, binding the heirs, successors and assigns of the owner - unless released by the Development Services Director or City Commission (as appropriate). Examples of such legal agreements include, but are not limited to, shared access agreements, ingress/egress easements, unity of control agreements, unified control agreements, maintenance agreements, developer’s agreements, parking or shared parking agreements, landscape agreements, private utility easement agreements.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2021-61, passed 5-25-21)

   A.   Purpose

The purpose of this section is to provide a uniform means for amending the text of this Code whenever the public necessity, convenience, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.

   B.   Text Amendment Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Not applicable.

      3.   Step 3: Application Submittal and Acceptance

   Applicable (See Section 155.2303.), except applications may be initiated by the City Commission, P&Z, or Development Services Director, as well as a person who may submit an application in accordance with Section 155.2303.A, Authority to Submit Applications.

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director following DRC review and comment; except that if the application is initiated by the City Commission, P&Z, or Development Services Director no DRC review or comment is required. (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

   Applicable (See Section 155.2305.), except that if the application involves changes to provisions relating to the review of applications for a Certificate of Appropriateness, the Development Services Director shall also provide the State Historic Preservation Officer—at least 30 days before the date of the public hearing before the City Commission—a mailed notice of the hearing inviting comments on the application at or before the hearing. Any comments received from the State Historic Preservation Officer shall be submitted as part of the hearing record, for consideration before action on the application.

      6.   Step 6: Advisory Body Review and Recommendation

   Applicable to recommendations by the following advisory bodies (See Section 155.2306.):

         a.   The P&Z, for all applications; and

         b.   The HPC, for applications that involve changes to provisions relating to the review of applications for a Certificate of Appropriateness.

   Before making its recommendation, the P&Z shall conduct a standard public hearing on the application in accordance with Section 155.2307.B, Public Hearing.

      7.   Step 7: Decision-Making Body Review and Decision

   Applicable to a final decision by the City Commission, following two standard public hearings (See Section 155.2307.).

   C.   Text Amendment Review Standards

The advisability of amending the text of this Code is a matter committed to the legislative discretion of the City Commission and is not controlled by any one factor. In determining whether to adopt or deny the proposed amendment, the City Commission shall weigh the relevance of and consider whether and the extent to which the proposed amendment:

      1.   Is consistent with the comprehensive plan;

      2.   Does not conflict with any provision of this Code or the Code of Ordinances ;

      3.   Is required by changed conditions;

      4.   Addresses a demonstrated community need;

      5.   Is consistent with the purpose and intent of the zoning districts in this Code, or would improve compatibility among uses and would ensure efficient development within the city;

      6.   Would result in a logical and orderly development pattern; and

      7.   Would not result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

   D.   Expiration

      Approval of a Text Amendment shall not expire, but the amended text of this Code is subject to further amendment in accordance with the Text Amendment procedures set forth in this section.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-43, passed 2-26-13; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

The purpose of this section is to provide a uniform means for reviewing and deciding proposed general amendments to the Official Zoning Map (Rezoning) whenever the public necessity, convenience, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.

   B.   General Zoning Map Amendment Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

   Applicable (See Section 155.2303.), except applications may be initiated by the City Commission, P&Z, or Development Services Director as well as a person who may submit an application in accordance with Section 155.2303.A, Authority to Submit Applications.

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.).

      6.   Step 6: Advisory Body Review and Recommendation

   Applicable to recommendations by the P&Z (See Section 155.2306.), following a standard public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.

      7.   Step 5: Decision-Making Body Review and Decision

   Applicable to a final decision by the City Commission, following a standard public hearing (See Section 155.2307.), except that the City Commission's final decision shall be one of the following:

         a.   Approval of the application as submitted;

         b.   Approval of the application with a reduction in the area proposed to be rezoned;

         c.   Approval of a rezoning to a more restricted base zoning district; or

         d.   Denial of the application.

   C.   General Zoning Map Amendment Review Standards

The advisability of a general amendment to the Official Zoning Map is a matter committed to the legislative discretion of the City Commission and is not controlled by any one factor. In determining whether to adopt or deny a proposed General Zoning Map Amendment, the city shall weigh the relevance of and consider whether and the extent to which the proposed amendment:

      1.   Is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan.

   D.   Expiration

Approval of a General Zoning Map Amendment (Rezoning) shall not expire, but the amended Official Zoning Map is subject to further amendment in accordance with the map amendment procedures set forth in this section.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

The purpose of this section is to provide a uniform means for reviewing and deciding site-specific amendments to the Official Zoning Map (Rezoning) whenever the public necessity, convenience, general welfare, comprehensive plan, or appropriate land use or public facility practices justify or require doing so.

   B.   Site-Specific Zoning Map Amendment Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

   Applicable (See Section 155.2303.), except applications may be initiated by the City Commission, P&Z, or Development Services Director as well as a person who may submit an applications in accordance with Section 155.2303.A, Authority to Submit Applications.

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.).

      6.   Step 6: Advisory Body Review and Recommendation

   Applicable to recommendations by the P&Z (See Section 155.2306.), following a quasi-judicial public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.

      7.   Step 7: Decision-Making Body Review and Decision

   Applicable to a final decision by the City Commission, following a quasi-judicial public hearing (See Section 155.2307.), except that the City Commission's final decision shall be one of the following:

         a.   Approval of the application as submitted;

         b.   Approval of the application with a reduction in the area proposed to be rezoned;

         c.   Approval of a rezoning to a more restricted base zoning district; or

         d.   Denial of the application.

   C.   Site-Specific Zoning Map Amendment Review Standards

Site-specific amendments to the Official Zoning Map (Rezoning) are a matter subject to quasi-judicial review by the City Commission and constitute the implementation of the general land use policies established in this Code and the comprehensive plan. In determining whether to adopt or deny a proposed Site-Specific Zoning Map Amendment, the city shall find that:

      1.   The applicant has provided, as part of the record of the public hearing on the application, competent substantial evidence that the proposed amendment:

         a.   Is consistent with the Future Land Use Category and any applicable goals, objectives, and policies of the comprehensive plan and all other applicable city-adopted plans;

   D.   Expiration

Approval of a Site-Specific Zoning Map Amendment (Rezoning) shall not expire, but the amended Official Zoning Map is subject to further amendment in accordance with the map amendment procedures set forth in this section.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-82, passed 9-24-13; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

   Planned developments are developments that are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher quality development, as well as community benefits and amenities, than could be achieved through base zoning district regulations. The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to any of the Planned Development (PD) zoning districts established in Article 3: Zoning Districts.

   B.   Scope

   Planned developments are established by amendments of the Official Zoning Map that rezone land to a Planned Development (PD) zoning district for which applicable development regulations are defined by a planned development master plan (PD Plan). Subsequent development within the PD district occurs through the appropriate site plan and plat review procedures and standards (as appropriate), which ensure compliance with the PD Plan.

   C.   Planned development procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

   Applicable (See Section 155.2303.), except that applications may be initiated only by the owner(s) of all property included in the proposed planned development district (to ensure unified control), and shall include the following:

         a.   A PD Plan that depicts the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density/intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing;

         b.   A copy of the title to all land that is part of the proposed PD district (to ensure unified control).

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.)

      6.   Step 6: Advisory Body Review and Recommendation

   Applicable to a recommendation by the P&Z (See Section 155.2306.), following a quasi-judicial public hearing on the application conducted in accordance with Section 155.2307.B, Public Hearing.

      7.   Step 7: Decision-Making Body Review and Decision

   Applicable to a final decision by the City Commission, following a quasi-judicial public hearing (See Section 155.2307.), except that the City Commission's final decision shall be one of the following:

         a.   Approval of the application subject to the PD Plan included in the application;

         b.   Approval of the application subject to conditions related to the PD Plan; or

         c.   Denial of the application.

   D.   Planned Development Review Standards

Review of and the decision on a Planned Development application shall be based on compliance of the proposed zoning reclassification and the PD Plan with the review standards in Section 155.2404.C, Site-Specific Zoning Map Amendment Review Standards, and the standards for the proposed type of PD district in Part 6 (Planned Development Zoning Districts) of Article 3: Zoning Districts.

   E.   Required Concurrent or Prior Approval of Flex or Reserve Units

The applicant shall submit an application for and obtain flex or reserve units necessary to implement the PD Plan prior to or concurrent with the approval of the Planned Development (PD) Zoning District.

   F.   Recordation

The Development Services Director shall record the adopting ordinance, the PD Plan with the Broward County Records.

   G.   Designation on Official Zoning Map

Designation of a PD zoning district on the Official Zoning Map shall note the ordinance number approving the PD zoning classification.

   H.   Effect of Approval

Lands rezoned to a PD zoning district shall be subject to the approved PD Plan. The PD Plan is binding on the land as an amendment to the Official Zoning Map. The PD Plan shall be binding on the landowners and their successors and assigns, and shall constitute the development regulations for the land. Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan. The applicant may apply for and obtain subsequent development permits necessary to implement the PD Plan in accordance with the appropriate procedures and standards set forth in this Code. Any development permits shall be in substantial compliance with the PD Plan.

   I.   Expiration

The PD Plan shall automatically expire if an application for a Site Plan (Major or Minor) for any part of the development shown on the approved PD Plan is not submitted within two years after approval of the Planned Development, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

   J.   Minor Deviations from Approved PD Plan

Subsequent applications for development permits within an approved PD district may include minor deviations from the PD Plan, without the need to amend the PD Plan, provided such deviations are limited to changes that the Development Services Director determines:

      1.   Address technical considerations that could not reasonably be anticipated during the planned development approval process; and

      2.   Have no material effect on the character of the approved PD district and the terms and concept of the PD Plan. These include, but are not limited to, the following:

         a.   Changes in driveway locations;

         b.   Minor shifts in building size, configuration, or location;

         c.   Structure floor plan revisions; and

         d.   Facility design modifications for amenities and the like.

   K.   Amendment

Deviations from the PD Plan that would have a material effect on the character of the approved PD district and the terms and concept of the PD Plan, including, but not limited to, the following modifications, shall require amendment of the Planned Development in accordance with Section 155.2308.C, Modification or Amendment of Development Order:

      1.   Changes in use designations;

      2.   Density/intensity increases;

      3.   Decreases in open space;

      4.   Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);

      5.   Substantial changes in the location of any public easement; or

      6.   Change in the proportion of any housing type by more than 15 percent.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

A use designated as a Special Exception in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this section is to establish procedures and standards for review and approval of a Special Exception use.

   B.   Applicability

A Special Exception approved in accordance with Section 155.2406.C, Special Exception Procedure, is required before approval of a Zoning Compliance Permit or Zoning Use Certificate for development of any use designated in the use tables in Article 3: Zoning Districts, as a Special Exception in the zoning district where proposed.

   C.   Special Exception Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.).

      6.   Step 6: Advisory Body Review and Recommendation

         Not applicable.

      7.   Step 7: Decision-Making Body Review and Decision

   D.   Special Exception Review Standards

Except for community residences and recovery communities, a Special Exception shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception, as proposed:

      1.   Is consistent with the comprehensive plan;

      2.   Complies with all applicable zoning district standards;

      3.   Complies with all applicable use-specific standards in Article 4: Use Standards;

      4.   Avoids overburdening the available capacity of existing public facilities and services, including, but not limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal, stormwater management, and police and fire protection;

      5.   Is appropriate for its location and is compatible with the general character of neighboring lands and the uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but not be limited to, population density, intensity, character of activity, traffic and parking conditions and the number of similar uses or special exception uses in the neighborhood;

      6.   Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;

      7.   Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;

      8.   Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;

      9.   Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site and neighborhood;

      10.   Allows for the protection of property values and the ability of neighboring lands to develop uses permitted in the zoning district;

      11.   Fulfills a demonstrated need for the public convenience and service of the population of the neighborhood for the special exception use with consideration given to the present availability of such uses;

      12.   Complies with all other relevant city, state and federal laws and regulations; and

      13.   For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms neighboring properties and neighborhood shall include the area affected by the requested special exception, which is typically an area of 500 feet to a one-half mile radius from the subject site.

      A Special Exception for a community residence (family or transitional) shall be approved by simple majority vote of the Board members present, only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:

      1.   When the proposed community residence arrangement is required to obtain a special exception because it would be located within 660 linear feet of an existing community residence or recovery community:

         a.   The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of other community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence, and

         b.   The applicant demonstrates that the proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying an institutional atmosphere or de facto social service district by concentrating or clustering community residences and/or recovery communities on a block face or in a neighborhood.

      2.   When the proposed community residence is required to obtain a special exception because the State of Florida does not offer a license or certification for this type of community residence and the population it would serve, the applicant must demonstrate that:

         a.   The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;

         b.   Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;

         c.   The community residence will emulate a biological family and be operated to achieve normalization and community integration; and

         d.   The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

      3.   In districts where a community residence is allowed as a special exception, the community residence shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception meets the applicable standards:

         a.   The applicant demonstrates that the proposed community residence will not interfere with the normalization and community integration of the residents of any existing community residence and/or recovery community and that the presence of other community residences and/or any recovery communities will not interfere with the normalization and community integration of the residents of the proposed community residence;

         b.   The applicant demonstrates that the proposed community residence in combination with any existing community residences and/or recovery communities will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or by creating or intensifying a de facto social service district by concentrating or clustering community residences and/or any recovery community on a block or in a neighborhood, and

         c.   The applicant demonstrates that the proposed community residence will be compatible with the residential uses allowed as of right in the zoning district;

         d.   When the proposed community residence would be located in a single-family zoning district, the applicant demonstrates that the proposed transitional community residence, alone or in combination with any existing community residences, will not alter the residential stability of the single-family zoning district;

         e.   The applicant demonstrates that the applicant or the proposed community residence has been granted certification by the State of Florida or license required by the State of Florida; and

         f.   When the State of Florida does not offer certification or require a license for this type of transitional community residence and the population it would serve, the application demonstrates that:

            i.   The proposed community residence will be operated in a manner effectively similar to that of a licensed or certified community residence;

            ii.   Staff will be adequately trained in accord with standards typically required by licensing or state certification for a community residence;

            iii.   The community residence will emulate a biological family and be operated to achieve normalization and community integration; and

            iv.   The rules and practices governing how the community residence is operated will actually protect residents from abuse, exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription medications.

      A Special Exception for a recovery community shall be approved by Simple Majority vote of the Board members present, only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:

      1.   When the proposed recovery community is required to obtain a special exception because it would be located within 1,200 linear feet of an existing recovery community or community residence:

         a.   The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and

         b.   The applicant demonstrates that the proposed recovery community in combination with any existing recovery communities or community residences will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood.

      2.   In zoning districts where a recovery community is allowed only as a special exception, the recovery community shall be approved only on a finding that there is competent substantial evidence in the record that the Special Exception meets the following applicable standards:

         a.   The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community;

         b.   The applicant demonstrates that the proposed recovery community in combination with any existing recovery community or community residence will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood;

         c.   The applicant demonstrates that the proposed recovery community will be compatible with the residential uses allowed as of right in the zoning district;

         d.   When the proposed recovery community would be located in a two-family zoning district, the applicant demonstrates that the proposed recovery community, alone or in combination with any recovery community or community residence, will not alter the residential stability of the two-family zoning district; and

         e.   The applicant demonstrates that the applicant or the proposed recovery community has been granted certification available from the State of Florida or license required by the State of Florida.

         f.   If the proposed recovery community would be located within 1,200 linear feet of an existing recovery community or community residence:

            i.   The applicant demonstrates that the proposed recovery community will not interfere with the normalization and community integration of the residents of any existing community residence or recovery community and that the presence of existing community residences or recovery communities will not interfere with the normalization and community integration of the residents of the proposed recovery community; and

            ii.   The applicant demonstrates that the proposed recovery community in combination with any existing recovery communities or community residences will not alter the residential character of the surrounding neighborhood by creating or intensifying an institutional atmosphere or creating or intensifying a de facto social service district by concentrating or clustering recovery communities and/or community residences on a block face or in a neighborhood.

A development order for a Special Exception authorizes the submittal of an application for a Zoning Compliance Permit or Zoning Use Certificate and any other development permit that may be required before construction or use of the development approved by the development order for the Special Exception.

      1.   A development order for a Special Exception shall automatically expire if a Zoning Compliance Permit or Zoning Use Certificate, as appropriate, for the development authorized by the Special Exception is not obtained within two years after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

      2.   A development order for a Special Exception shall automatically expire if the authorized development is discontinued and not resumed for a period of one year, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

Subsequent applications for a Zoning Compliance Permit, or other development permits reviewed under this Code, for development authorized by a development order for a Special Exception, may include minor deviations from the approved plans and conditions without the need to amend the Special Exception. Such deviations, however, are limited to changes that the Development Services Director determines would not:

      1.   Materially alter the drainage, streets, or other engineering design;

      2.   Adversely impact the management of stormwater quality or stormwater quantity;

      3.   Substantially affect the terms of the original approval; or

      4.   Result in significant adverse impacts on the surrounding properties or the city at large.

Any modifications of development subject to an approved Special Exception other than those authorized in accordance with Section 155.2406.G, Minor Deviations, shall require amendment of the Special Exception in accordance with Section 155.2308.C, Modification or Amendment of Development Order.

      1.   For purposes of this section, "Permitted by Right "P"" shall include uses that were permitted and/or legally approved for permanent development under the applicable jurisdiction. When a building or lot is approved for a Use designated as Permitted by Right "P" in a particular zoning district, and the Use is later designated as Permitted by Special Exception "S", that use shall be considered a lawful special exception use. Lawful special exception uses are not required to obtain Special Exception approval. Expansions of lawful special exceptions uses shall be permitted only on a finding that the expansion is for additions or alterations to buildings or land improvements that existed at the time the use was designated Permitted by Right "P" and within the area of the lot included in the ownership at the time the use was designated Permitted by Right "P". Expansions of lawful special exception uses shall be subject to the dimensional and intensity standards for uses designated as Permitted by Right "P" in the district or districts in which they are located.

      2.   A community residence or recovery community located in Pompano Beach as May 23, 2018 that is not currently licensed or certified by the State of Florida and that does not receive licensure, certification, or recertification from the designated state entity by March 1, 2019 shall no longer constitute a Lawful Special Exception and must cease operation by March 1, 2019 or within 60 days of the date on which certification, recertification, or the required license is denied, whichever date comes first. Such a community residence or recovery community must either return residents to their families or relocate them to safe, secure housing within 60 days of the date on which certification, recertification, or the required license is denied or by March 1, 2019, whichever date comes first.

      3.   To continue to constitute a Lawful Special Exception, a family or transitional community residence located in Pompano Beach as of May 23, 2018 that is occupied by more than ten unrelated individuals is required to obtain no later than March 1, 2019, a Reasonable Accommodation to house more than ten unrelated individuals in accord with, respectively, § 155.4202.I.3.c. or § 155.4202.J.3.c. of this Code, except state licensed community residences for seven to 14 individuals established under Chapter 419 of the state statutes. The number of occupants of a community residence may not exceed the maximum number allowed under the city's Rental Housing Code or the number authorized under the community residence's state certification or license, whichever is less.

      4.   The number of occupants of a recovery community that is a Lawful Special Exception may not exceed the maximum number allowed under the city's Rental Housing Code or the number authorized under the recovery community's state certification or license, whichever is less.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-43, passed 2-26-13; Am. Ord. 2016-44, passed 2-23-16 ; Am. Ord. 2017-23, passed 1-24-17 ; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2022-36, passed 3-22-22)

   A.   Purpose

The site plan provisions of this section are intended to ensure that the layout and general design of proposed development is compatible with surrounding uses and complies with all applicable standards in this Code and all other applicable city regulations. The purpose of this section is to establish the procedure and standards for review of site plans.

   B.   Applicability

There are two types of Site Plans authorized by this Code: Major Site Plans and Minor Site Plans.

      1.   Major Site Plan

   Unless exempted in accordance with subsection 3 below, a development order for a Major Site Plan in accordance with this section is required before issuance of a Zoning Compliance Permit for the development listed in Table 155.2407.B.1:

 

      2.   Minor Site Plan

         a.   Unless exempted in accordance with subsection 3 below, a development order for a Minor Site Plan in accordance with this section is required before issuance of a Zoning Compliance Permit for any development other than those for which a Major Site Plan is required in accordance with subsection 1 above.

         b.   Any residential project (mixed or single use) developed in accordance with the requirements of Section 166.04151(7), Florida Statutes, shall be subject to a minor site plan approval process. If, however, the site plan meets the standards in subsection 1. above, the site plan must meet all the review standards of a major site plan. All site plans developed in accordance with the requirements of Section 166.04151(7), Florida Statutes, will be administratively approved without a public hearing.

      3.   Exemptions

         The following development shall be exempted from the requirements of this section:

         a.   Development of a single-family dwelling;

         b.   Development of a two-family dwelling;

         c.   Alteration or addition to an existing single-family dwelling;

         d.   Alteration or addition to an existing two-family dwelling;

         e.   A change in use or alteration of an existing development that does not increase the size of a totally and permanently enclosed building or require significant modifications to parking, site landscaping, layout, or traffic circulation patterns;

         f.   An alteration of an existing development, regardless of area and/or lot coverage, that involves the addition or replacement of mechanical rooms, equipment rooms, storage sheds, minor utility uses, and similar structures solely intended for utility purposes, subject to the discretion of the Development Services Director;

         g.   Development requiring only a Tree Permit; and

         h.   Development of a Temporary Use or Interim Use, provided that an applicable Temporary Use Permit or Interim Use Permit has been approved.

   C.   Major Site Plan Approval Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Service Director, following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Not applicable.

      6.   Step 6: Advisory Body Review and Recommendation

         Not Applicable.

      7.   Step 7: Decision-Making Body Review and Decision

   Applicable to a final decision by the P&Z (See Section 155.2307.).

   D.   Minor Site Plan Approval Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

   Applicable to a final decision by the Development Services Director, following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Not Applicable.

      6.   Step 6: Advisory Body Review and Recommendation

         Not Applicable.

      7.   Step 7: Decision-Making Body Review and Decision

         Not Applicable.

   E.   Site Plan Review Standards

An application for a Major Site Plan or Minor Site Plan shall be approved only on a finding that there is competent substantial evidence in the record that the development, as proposed:

      1.   Is consistent with the land use designation in the comprehensive plan;

      2.   Complies with the applicable district, use, and intensity and dimensional standards of this Code (Articles 3, 4, and 5);

      3.   Complies with the applicable development standards of this Code (Article 5). While not required to comply with the Sustainable Development Standards in Part 8, Sustainable Development Standards, of Article 5, Development Standards, applications for Minor Site Plan shall be approved only on a finding that there is competent substantial evidence in the record that the proposed development is consistent with the goals and intention found in Section 155.5801, Purpose;

      4.   Complies with all other applicable standards in this Code;

      5.   Complies with all requirements or conditions of any prior applicable development orders or prior applicable approved plans on record;

      6.   The concurrency review has been completed in accordance with Chapter 154 (Planning) of the Code of Ordinances;

      7.   Is designed to provide safe, adequate, paved vehicular access between buildings within the development and streets as identified on the Broward County Trafficways Plan;

      8.   Complies with any applicable hazardous material licensing requirements in the Broward County Wellfield Protection Ordinance;

      9.   Complies with crime prevention security strengthening and CPTED standards for natural surveillance, natural access control, territorial reinforcement, maintenance, and activity support;

      10.   Complies with adopted Fire Codes and Standards per City Code Section 95.02;

      11.   Considers and mitigates any potential adverse impacts on environmentally sensitive lands identified by the city Comprehensive Plan or Broward County Land Use Plan; and

      12.   Complies with the approved Transportation Corridor Study, unless in direct conflict with another zoning code provision.

   F.   Effect of Approval

      A development order for a Major Site Plan or Minor Site Plan authorizes the submittal of an application for a Zoning Compliance Permit and any other development permit that may be required before development of the land.

   G.   Expiration

      1.   Major Site Plan

         a.   A development order for a Major Site Plan shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within two years after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

         b.   A denial of a request to extend the expiration period for a development order for a Major Site Plan may be appealed to the City Commission in accordance with Section 155.2424, Appeal.

      2.   Minor Site Plan

   A development order for a Minor Site Plan shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within two years after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

   H.   Minor Deviations

Subsequent applications for a Zoning Compliance Permit, or other development permits reviewed under this Code, for development authorized by a development order for a Site Plan, may include minor deviations from the approved plans and conditions without the need to amend the Site Plan. Such deviations, however, are limited to changes that the Development Services Director determines would not:

      1.   Increase or significantly decrease the density of residential development;

      2.   Increase or decrease the number of building stories;

      3.   Materially alter the drainage, streets, or other engineering design;

      4.   Adversely impact the management of stormwater quality or stormwater quantity;

      5.   Substantially affect the terms of the original approval;

      6.   Result in significant adverse impacts on the surrounding properties or the city at large; or

      7.   Increase or significantly decrease the intensity of nonresidential development that affects the overall character of the project.

   I.   Amendment

Any modifications of development subject to a Site Plan other than those authorized by Section 155.2407.H, Minor Deviations, shall require amendment of the Site Plan in accordance with Section 155.2308.C, Modification or Amendment of Development Order.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-55, passed 5-14-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2014-33, passed 4-22-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2018-67, passed 7-10-18; Am. Ord. 2019-17, passed 1-8-19; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2024-54, passed 9-24-24)

   A.   Purpose

The building design provisions of this section are intended to ensure that the exterior appearance of buildings and structures enhances the aesthetic character of the surrounding development by complying with the architectural appearance standards of this Code and approved design guidelines. The purpose of this section is to establish procedures and standards for the review of applications for Building Design .

   B.   Applicability

      1.   Building Design

   Unless exempted in accordance with subsection 3 below, a development order for Building Design in accordance with this section is required before issuance of a Zoning Compliance Permit for the following development:

 

   C.   Building Design Approval Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.)

      4.   Step 4: Staff Review and Action

   Applicable to a recommendation by the Development Services Director (See Section 155.2304.)

      5.   Step 5: Public Hearing Scheduling and Notice

         Not applicable.

      6.   Step 6: Advisory Body Review and Recommendation

         Not Applicable.

      7.   Step 7: Decision-Making Body Review and Decision

         Applicable to a final decision by the AAC (See Section 155.2307.). Except that the AAC may, in conjunction with approval of a Building Design application, waive certain standards in accordance with 155.2408.E, Building Design - Vernacular or Superior Design Alternative.

      An application for Building Design shall be approved only on a finding that there is competent substantial evidence in the record that the exterior design and appearance of the proposed building, or structure:

      1.   Complies with the applicable design standards in Sections 155.3501.O., 155.3708., 155.3709., 155.3703.F. and Article 5;

      2.   Complies with any approved design guidelines that are applicable to the area or type of structure, including the adopted AAC supplemental Criteria;

      3.   Complies with CPTED Standards for natural surveillance, natural access control, territorial reinforcement, and maintenance; and

      4.   Complies with the approved Transportation Corridor Study, unless in direct conflict with another zoning code provision, if applicable.

      1.   In conjunction with approval of an application for Building Design, the AAC may grant requested deviations for buildings and development which, due to their vernacular or superior design, may not be able to comply with the strict application of the design standards listed in Sections 155.3501.O., 155.3703.F.7, 155.5601., 155.5602., and 155.5603. Except for as it applies to developments within the Transportation (T) and Public Utilities (PU) Zoning Districts, the AAC shall not grant a deviation from the following standards:

         a.   Multifamily Residential Design Standards

            i.   155.5601.C.2, Maximum Building Size

            ii.   155.5601.C.7, Location of Off-Street Parking

            iii.   155.5601.C.8, Outdoor Activity Areas

         b.   Commercial, Institutional and Mixed-Use Development Design Standards

            i.   155.5602.C.1, Business Activities to be Conducted in Enclosed Buildings

            ii.   155.5602.C.10, Loading, Service, and Equipment Areas

            iii.   155.5602.D, Large Retail Establishment Design Standards

         c.   Industrial Development Design Standards

            i.   155.5603.E, Facade Articulation

            ii.   155.5603.G, Building Facade Materials

         d.   155.5604, Residential Compatibility Standards

            i.   155.3501.O.2.k. Live-Work Units

            ii.   155.3501.O.3. Block Requirements

            iii.   155.3501.O.4. Building Typology and Placement Regulating Diagrams and Dimensional Standards

      2.   The applicant must present competent substantial evidence that the vernacular design achieves the purpose and intent of the applicable standards in Part 6 of Article 5 and in the adopted AAC Supplemental Criteria. Competent substantial evidence shall be supported by published material defining the design vernacular and style, or superior design.

         A party aggrieved by the final decision of the AAC on an application for Building Design may appeal the decision to the City Commission in accordance with the procedures and standards in Section 155.2424, Appeal.

      A development order for Building Design authorizes the submittal of an application for a Zoning Compliance Permit and any other development permit that may be required before construction or other development approved by the development order.

      A development order for Building Design shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within two years after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2018-12, passed 11-14-17; Am. Ord. 2018-67, passed 7-10-18; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2021-09, passed 11-10-20; Am. Ord. 2023-34, passed 2-28-23)

   A.   Purpose

The purpose of this section is to provide for the review of development on properties listed on the Local Register of Historic Places to ensure compliance with the historic preservation standards of this Code and approved design guidelines, and otherwise protect the historic and architectural integrity of historic structures, sites, and districts on the Local Register of Historic Places.

   B.   Applicability

      1.   General

   A Certificate of Appropriateness approved in accordance with this section is required before issuance of a Zoning Compliance Permit for any of the following activities, when proposed on a property listed on the Local Register of Historic Places:

         a.   New construction of a principal or accessory building or structure;

         b.   Material alteration in the exterior appearance of an existing building, structure, significant landscape feature, or object;

         c.   Demolition of a building, structure, significant landscape feature, or object;

         d.   The moving or relocation of a building, structure, significant landscape feature, or object;

         e.   The disturbance of an archaeological site; and

         f.   Division of a parcel of land into two or more lots.

      2.   Minor Certificate of Appropriateness

   A Minor Certificate of Appropriateness approved in accordance with Section 155.2409.D, Minor Certificate of Appropriateness Procedure, is required for the following minor activities, when proposed on a property listed on the Local Register of Historic Places, provided the application is not accompanied by a claim of undue economic hardship to the landowner (in which case the application shall be one for a Major Certificate of Appropriateness):

         a.   Minor changes to a structure that do not involve a change in its exterior color;

         b.   Minor changes to signage, lighting, or landscaping; and

         c.   Minor excavation, fill, or other alteration of land.

      3.   Major Certificate of Appropriateness

   A Major Certificate of Appropriateness approved in accordance with Section 155.2409.C, Major Certificate of Appropriateness Procedure, is required for development not requiring a Minor Certificate of Appropriateness under subsection 2 above.

   C.   Major Certificate of Appropriateness Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

   Applicable (See Section 155.2303.), except that the applicant may include in the application a written claim, with supporting information, that compliance with the standards for approval of a Certificate of Appropriateness would result in undue economic hardship for the landowner.

      4.   Step 4: Staff Review and Action

   Applicable (See Section 155.2304.). The Development Services Director reviews, prepares a staff report, and makes a recommendation on the application.

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.).

      6.   Step 6: Advisory Body Review and Recommendation

         Not Applicable.

      7.   Step 7: Decision-Making Body Review and Decision

   Applicable to a final decision by the HPC, following a quasi-judicial public hearing (See Section 155.2307.). The following additional procedures shall apply:

         a.   Delayed Demolition

      The HPC may approve an application for a Major Certificate of Appropriateness that proposes the demolition of a building, structure, significant landscape feature, or object subject to the condition that the demolition be delayed until after a specified date, which shall be based on the historic significance of the building, structure, landscape feature, or object and the probable time needed to arrange a possible alternative to demolition. The HPC shall use this delay period to work with the landowner to explore and pursue steps necessary to preserve the building, structure, landscape feature, or object.

         b.   Economic Hardship Determination

      Where an application for a Major Certificate of Appropriateness includes the applicant's written claim that compliance with the standards for approval would result in undue economic hardship for the landowner, the HPC shall review the claim and supporting information before deciding the application. If the Committee finds that compliance with the standards for approval would result in undue economic hardship for the landowner, it may not deny the application.

   D.   Minor Certificate of Appropriateness Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Not applicable.

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

   Applicable to a final decision by the Development Services Director (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Not Applicable.

      6.   Step 6: Advisory Body Review and Recommendation

         Not Applicable.

      7.   Step 7: Decision-Making Body Review and Decision

         Not Applicable.

   E.   Certificate of Appropriateness Review Standards

      1.   General

   An application for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness shall be approved only on a finding that there is competent substantial evidence in the record that the proposed development:

         a.   Is consistent with the comprehensive plan;

         b.   Complies with any design guidelines approved for all historic structures, sites, and districts listed on the Local Register of Historic Places, or for the particular historic structure, site, or district, which are incorporated by reference;

         c.   Complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties, which are incorporated by reference; and

         d.   Complies with any applicable standards in subsections 2, 3, 4, and 5 below.

      2.   New Construction

   New construction shall be visually compatible with existing contributing structures in the Historic Overlay district in terms of height, scale, massing, setbacks, fenestration, roof shape, uses of materials, directional expression, style, and site plan.

      3.   Relocation

   Relocation of a building, structure, significant landscape feature, or object shall consider the following:

         a.   The historic character and aesthetic interest the building, structure, landscape feature, or object contributes to its present setting;

         b.   Whether there are definite plans for the area to be vacated and the effect of those plans on the character of the surrounding area;

         c.   Whether the building, structure, landscape feature, or object can be moved without significant damage to its physical integrity; and

         d.   Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, landscape feature, or object.

      4.   Demolition

   Demolition of a building, structure, significant landscape feature, or object shall consider the following:

         a.   The historic or architectural significance of the building, structure, landscape feature, or object;

         b.   The importance of the building, structure, landscape feature, or object to the ambience of a district;

         c.   The difficulty or the impossibility of reproducing such a building, structure, landscape feature, or object because of its design, texture, material, detail, or unique location;

         d.   Whether the building, structure, landscape feature, or object is one of the last remaining examples of its kind in the neighborhood, the county or the region;

         e.   Whether there are definite plans for reuse of the land if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding area;

         f.   Whether reasonable measures can be taken to save the building, structure, landscape feature, or object from collapse; and

         g.   Whether the building, structure, landscape feature, or object is capable of earning reasonable economic return on its value.

      5.   Division of Parcel of Land

         Division of a parcel of land into two or more lots shall consider the following:

         a.   To what extent the proposed division will disrupt the historic pattern of development;

         b.   The intended use of the proposed division;

         c.   The compatibility of the use of the proposed division with the surrounding historic district; and

         d.   To what extent the landowner will experience an economic hardship if the request is denied.

   F.   Appeal

      1.   Major Certificate of Appropriateness

   A party aggrieved by the final decision of the HPC on an application for a Major Certificate of Appropriateness may appeal the decision to the City Commission in accordance with the procedures and standards in Section 155.2424, Appeal.

      2.   Minor Certificate of Appropriateness

   A party aggrieved by the final decision of the Development Services Director on an application for a Minor Certificate of Appropriateness may appeal the decision to the HPC in accordance with the procedures and standards in Section 155.2424, Appeal.

   G.   Effect of Approval

A development order for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness authorizes the submittal of an application for a Zoning Compliance Permit and any other development permit that may be required before construction or other development approved by the development order.

   H.   Expiration

A development order for a Major Certificate of Appropriateness or Minor Certificate of Appropriateness shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within one year after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2019-110 , passed 9-24-19)

   A.   Purpose

The purpose of this section is to provide a review procedure to conform to the Broward County Land Use Plan's requirement that local governments require compliance with the county's platting requirements and to ensure subdivisions of land within the city:

      1.   Provide for the orderly growth and development of the city;

      2.   Coordinate proposed streets with existing and planned streets in the city's street system, and with other public facilities;

      3.   Provide rights-of-way for streets and utility easements;

      4.   Avoid congestion and overcrowding of streets;

      5.   Ensure there is adequate access to development;

      6.   Ensure there are adequate utility facilities to serve development;

      7.   Ensure there is adequate open space and recreation facilities to serve development; and

      8.   Ensure there is proper recordation of land ownership or property owner association records, where applicable.

   B.   Applicability

      1.   General

   Unless exempted in accordance with subsection 2 below, approval of a Plat in accordance with this section is required before any plat of a subdivision (as defined in Part 5 (Terms and Uses Defined) of Article 9: Definitions and Interpretation) may be recorded or any development associated with the subdivision may occur, and before any Zoning Compliance Permit may be approved for construction of a principal building on a lot or parcel of land.

      2.   Exemption

   The requirement that a Plat be approved in accordance with this section before approval of a Zoning Compliance Permit shall not apply where expressly exempted from such requirement by the Broward County Land Use Plan.

   C.   Plat Procedure

      1.   Step 1: Pre-Application Meeting

         Applicable (See Section 155.2301.).

      2.   Step 2: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      3.   Step 3: Staff Review and Final Decision