(a)

In order to develop land in the city, one (1) or more of the following procedures are required depending upon the specifics of the case; all but (1), comprehensive plan amendment and (7) master development plan, are potentially considered development permit applications by state statute:

(1)

Comprehensive plan amendment;

(2)

Rezoning: map or land development code text change;

(3)

Subdivision, plat approval or plat amendment;

(4)

Site plan approval;

(5)

Special exception;

(6)

Planned unit development approval or amendment;

(7)

Master development plan;

(8)

Development of regional impact (DRI);

(9)

Variance;

(10)

Building or sign permit.

This article explains the review procedures and criteria necessary to receive these development permits.

(Ord. No. 402-97-E, § 1, 8-26-97)

In addition to the development review procedures contained in this article, except for a one- or two-family house (on a lot in ownership separate from adjacent lots), all development projects must also receive a concurrency review in conformance with Article IV to determine public facility capacity adequacy.

(Ord. No. 402-97-E, § 1, 8-26-97)

A development authorization letter is the development permit required for any development other than a single-family house (on a lot in ownership separate from adjacent lots) or a portion of a building previously in receipt of such a letter. A development authorization letter is the development permit received at the time of plat, site plan or DRI approval and results from the development review procedures outlined in the following sections.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-12-E, § 2, 4-10-12)

(a)

Purpose. The site plan is the key land development review mechanism for all development permits other than a single-family dwelling on a lot in single and separate ownership. It is intended to assure adequate site design and relationship to adjacent development and public facilities. This includes any major landscaping, walls or entrance features being added to an existing project. If a single tract is to be site planned in phases, a master development plan shall be prepared in accordance with section 16-39. A site plan must be submitted to the department for all development.

(b)

Types of site plan. A site plan shall be categorized per the following:

(1)

Small-scale site plan.

a.

A site plan shall be processed as per the small-scale site plan procedures if the site plan complies with the following:

1.

A net land area of two (2) acres or less; and

2.

Fewer than fifty (50) dwelling units or fewer than twenty thousand (20,000) square feet of non-residential use; and

3.

Does not include both residential and non-residential uses; and

4.

Does not include an additional application that requires City Commission action.

b.

An exterior elevation change that does not include any changes to the site plan or includes administrative revision(s) to a site plan shall be processed as per the small-scale site plan procedures.

c.

A new office building and associated parking garage(s) located within the Western Sunrise Area and does not include an additional application that requires City Commission action shall be processed as per the small-scale site plan procedures.

1.

Does not include an additional application that requires City Commission action; and

2.

Any portion of the property for which the new office building and associated parking garage(s) is located shall be a minimum of one-thousand (1,000) feet from any residential properties four (4) stories or less.

(2)

Large-scale site plan. All site plans that do not qualify as a small-scale site plan shall be considered a large-scale site plan.

(3)

Exclusions. The following shall be exempt from site plan review.

a.

Construction of, and additions to, a single-family dwelling on a lot fronting an existing, paved street.

b.

Interior renovations to a building.

c.

Demolition of a structure.

d.

Roadway improvements performed or funded by the City, County, or State.

(c)

Review criteria. The city shall evaluate the site plan as for compliance with the city's codes and ordinances, and conformance to the other requirements of this chapter. Any outparcels, if included, must meet all provisions of this section. If the specific user of an outparcel is undetermined, said outparcel's site plan shall not be reviewed until the plans are definite. The following standards shall be utilized in the review and evaluation of required site plans, which shall contain adequate information to permit such reviews:

(1)

Public transportation: All proposed development shall, wherever appropriate and feasible, be designed in such a manner as to promote the use of available public transportation by the residents, users and employees of the development. Measures such as the following may be required of the applicant, wherever appropriate:

a.

Dedication of additional right-of-way for bus bays at approved transit stops;

b.

Installation of on-site or off-site sheltered seating facilities for the convenience of waiting transit users; and

c.

Display of conveniently located on-premises route schedules and timetables.

(2)

Garbage and refuse containers: All proposed development shall provide an efficient internal solid waste collection system, including the provision of an adequate number of local receptacles in locations which afford maximum use and collection convenience. Garbage or refuse shall be stored only within a building or within a fully enclosed container, including top, which is effectively screened from public view by a wall or, fence that completely surrounds the container.

(3)

Fire protection system: In order to ensure the safety of the inhabitants of a development or building, and the community in general, all proposed development shall provide a well-designed internal fire protection system, including the provision of an adequate number of property located fire hydrants and an efficient access arrangement for the types of emergency fire vehicles needed to serve the development.

(4)

Energy conservation: All proposed development shall be designed in such a manner as to promote maximum efficiency in the use of energy resources. The following should be taken into consideration by the applicant, wherever feasible:

a.

Energy-saving site planning considerations, such as solar and prevailing wind relationships and the use of vegetation;

b.

Energy-saving structural considerations, such as window sun screens, automatic thermostats and extra insulation; and

c.

The partial or full use of alternate energy sources.

(5)

Landscaping buffers: See Article IX of this Code. Any required landscaped buffers shall be completed prior to granting the first certificate of occupancy.

(6)

Height restrictions, plot size, yard setbacks: See applicable zoning districts.

(7)

Design of streets: See Article IX of this Code.

(8)

Landscaping and irrigation requirements: See Article VIII of this Code.

(9)

Environmental: See Article XII of this Code.

(10)

Signs: See Article XIV of this Code.

(11)

Bicycle racks: Any recreation, amusement or place of public assembly shall provide a bike rack.

(12)

Architectural review: The elevations, floor plans, renderings, building materials, building colors and signs submitted by the applicant shall be evaluated using the following criteria:

a.

Consistency and harmony with the design of the existing and approved development in the area which has been approved subject to the requirements of this chapter.

b.

The extent to which the project design contributes to and enhances the quality of development within the city.

c.

The extent to which the design of the project is consistent with sound and accepted architectural and engineering principles.

d.

Outparcel buildings, if included, must have the same architectural features as the principle buildings.

e.

The use of exposed neon, fiber optic or bare bulb lighting is prohibited.

f.

Exterior elevation changes to a shopping center must encompass the entire center, except in the case of a regional shopping center.

g.

Consistency with exterior colors, building design standards, and other applicable requirements of Article VI of this Code.

(13)

Shopping centers: In addition to meeting the criteria in (12) above, all buildings containing more than three (3) commercial uses or bays shall be designed so that the building has offsets, a courtyard layout or some other architectural configuration that avoids a straight row of stores. A variety of parking locations, in addition to the frontage, is encouraged.

(14)

Noise: Any application for a use requiring outdoor speakers must provide a noise study for review by the department. The study must address noise levels generated by the use along any property lines abutting a residential district. The use of buffering, including, but not limited to, walls and landscaping, may be required by the department to keep noise at such property lines below the levels established by Broward County Code, Chapter 27, Pollution Control, Article VII, Noise. The maximum level established for a use abutting a residential district is fifty-five (55) dBA, as measured at the residential property line facing the source of the noise.

(d)

Items to be shown on site plan. Data furnished on or accompanying the site plan package shall be to scale and shall include the following information, and any other information deemed necessary by the staff:

(1)

Location map.

(2)

Legal description.

(3)

Site boundaries, clearly identified and tied to section corners.

(4)

Current survey, not more than one (1) year old that accurately depicts all on-site improvements, existing natural features, such as topography, wetlands/vegetation, water bodies, and any existing structures and paved areas.

(5)

Proposed land uses, within indication of size, location and height of structures with dimensions to lot lines; existing land uses surrounding the site.

(6)

Vehicular circulation system both on-site and off-site demonstrating adequate connections among on-site buildings and outparcels, and with the adjacent public and/or private roadway(s). The proposed vehicular circulation system shown shall comply with those traffic engineering standards used by the Florida Department of Transportation and Broward County Traffic Engineering Division, including, but not limited to, the latest editions of the Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, the Institute of Transportation Engineers' (ITE) Trip Generation Report, Highway Capacity Manual, Broward County Traffic Review and Impact Planning System. The standards contained in these publications are hereby adopted and made a part of the City Code. The director of community development department is authorized to adopt such additional traffic engineering standards, which are commonly in use in Broward County, to provide for the adequate review of vehicular circulation, ingress and egress. The city shall not be required to widen, or in any way alter, any existing local road, collector road or arterial road under city jurisdiction, or to accept a dedication of additional road right-of-way for the purpose of widening or altering any existing local road, collector road or arterial road under city jurisdiction to accommodate new development unless such road improvement is included in the Capital Improvements Element of the Sunrise Comprehensive Plan. For the purposes of this chapter any local road or collector road that serves as a main access road to any residential development shall be designated a residential street. The staff may conduct traffic studies to determine compliance with the applicable standards.

(7)

Pedestrian circulation system.

(8)

Lighting plan for street and development site; locations and details of luminaries (See section 16-150 for specific requirements.)

(9)

Provider of water and wastewater facilities.

(10)

The following computations:

a.

Gross acreage.

b.

Net acreage.

c.

Number of dwelling units by number of bedrooms and density for residential uses only.

d.

Square footage of ground covered by buildings or structures.

e.

Computation of pervious and impervious areas, in square footage and percentage.

f.

Required and provided number of parking spaces.

g.

Indication of the boundaries of the project within the overall master plan, in the case of a phased development.

(11)

Indication of existing native vegetation that will be preserved.

(12)

All adjacent rights-of-way, with indication of centerline and width, paving width, existing median cuts and intersections, street light poles and utility company facilities, including easements.

(13)

Design features as follows:

a.

Building separations and setbacks.

b.

Location of all paved drives and parking areas, including centerlines, dimensions, radius and elevations, traffic signage and striping.

c.

Schematic elevations of buildings, showing concealment of all mechanical or accessory equipment located on the roof.

d.

Building floor plans and proposed building materials and colors. Color samples and roof tile samples are to be provided in addition to color and material notations on plans. Front, side and rear elevations showing height to peak of roof.

e.

Location of trash and garbage disposal system and provisions for accessibility to garbage trucks.

f.

Adequate architectural screening of all trash and garbage disposal systems, including a wall (with gate) of CBS construction with a minimum height of six (6) feet and painted to match principal building. In locations where trash compactors are used, the walls must be of sufficient height to completely screen the compactor.

g.

Loading areas and provisions for accessibility to vehicles of the required type; clearances.

h.

Areas for emergency vehicles and fire engines, and provisions for fire lane accessibility for vehicles of the required type.

i.

Entrance features, walls, buffers and ground signs.

j.

Typical cross section for each property line, to include berms, swales, walls and all other above ground improvements.

k.

Table of computation of land use distribution showing proposed uses, acreage, square footage, floor area ratio for all structures, and number and type of units and density in the case of residential uses.

l.

Future land use map designation and current zoning category.

m.

In addition to the above data, the applicant shall submit to the city the following:

1.

For presentation before the planning and zoning board and the city commission, a colored and mounted rendering and colored elevations of the project (including signs and landscaping), which accurately depict the proposed development upon completion. An eight-inch by ten-inch color photograph of the rendering and elevations shall be presented to the department at the time of approval by the city for the purposes of comparing the completed development with the rendering and elevations approved by the city commission.

2.

As an option, the applicant may wish to submit color photographs of the site and the surrounding area which depict the existing site and surrounding land use conditions.

(14)

Conceptual Engineering Package: At the time of initial site plan submittal, the applicant must provide a conceptual engineering package independent of the site plan, as supplemental information for review by staff in conjunction with the review and analysis of the site plan, including the following:

a.

Conceptual water and sewer plan, depicting the water and sewer facilities and source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities, in conformance with Chapter 15.

b.

Conceptual drainage plan, depicting design finished floor elevation and surface water management elements including, but not limited to, retention facilities, drainage easements and swales, weir location and elevation, and outfall(s).

c.

Preliminary flood routing and water quality calculations supporting the surface water management elements, weir elevation and design finished floor elevation, in conformance with Article XI of this chapter, shall be provided as supporting documentation.

d.

The above items shall be prepared by a professional engineer, registered in the State of Florida, and signed and sealed in accordance with all applicable laws and rules.

(15)

The site plan shall be submitted as a set of drawings titled:

a.

Cover sheet.

b.

Site plan.

c.

Site plan details.

d.

Pavement marking and signage.

e.

Survey.

f.

Floor plans.

g.

Elevations.

h.

Landscaping plan.

i.

Landscaping details.

j.

Irrigation plan.

k.

Irrigation details.

l.

Photometrics plan.

(16)

All drawing pages submitted with the site plan application shall have the same orientation (typically with North arrow up or right), be consistently scaled, and include a standard title block to be provided by the department. Each page shall provide a blank space, not less than three and one-half (3.5) inches wide by five and one-half (5.5) inches tall, in the lower right hand corner, to accommodate the City approval stamp.

(e)

Bond required. For site plans including at least two (2) principal non-residential structures that are not subject to the master development plan review procedure set forth in section 16-39 of this chapter, the applicant shall guarantee the installation and maintenance of internal collector drive(s), pedestrian walkways, swales, parking lots, entry drive landscaping and sidewalks, and entrance features (the "internal site improvements"), by filing a performance bond or bonds equal to one hundred thirty-three (133) percent of the cost of the internal site improvements, to provide for and secure the timely construction and installation of the internal site improvements. Bonds must comply with each of the following requirements:

(1)

Bonds, required construction plans, hold harmless agreement. Bonds, as that term is used in this section, shall include letters of credit, cash bonds, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the city attorney. Letters of credit shall be drawn upon banks or savings and loans legally and actually doing business in Florida. All bonds must be approved by the city attorney's office, maintained as current, and shall be provided in addition to any other bond required for any other purpose by any government entity. Bond documents shall assure that construction plans for the improvements shall be submitted to the city not less than thirty (30) days prior to the commencement of construction. In addition, the property owner shall submit a hold harmless and indemnification agreement in a form acceptable to the city attorney, protecting the city in the event that it must exercise its rights under the bond.

(2)

Cost estimate, administrative fee, amount of bonds, bond period. A written calculation of the costs for completion of the improvements in accordance with the approved plans shall be prepared by a Florida registered engineer, and submitted to and approved by the department. A city administrative fee equal to one (1) percent of the bond shall be included in the cost estimate, shall be payable to the city upon city approval of the bond, and shall be nonrefundable. The bond amount shall be set at one hundred thirty-three (133) percent of the approved cost estimate (including the administrative fee), and shall assure completion of the improvements, payment of the administrative fee, and reimbursement of any city expenses incurred as a result of the developer's violation of this section. The bond period shall be for no longer than one (1) year after the date of the issuance of the first certificate of occupancy, and shall also set the deadline for the completion of the improvements.

(3)

Release of bonds, change in ownership. Upon successful completion of the approved improvements and written approval by the city, bonds required for completion of the improvements shall be released. Bonds may be released by the city when fee simple title is transferred. The city may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple.

(4)

Extension of bond periods. Developers may obtain a one-year extension of a bond (and a related one-year deferral of the completion date of the improvements) upon submission and city approval of an updated cost estimate. If the updated cost estimate is greater than the original cost estimate, then the amount of the bond shall be increased proportionately so that the bond still guarantees one hundred twenty-five (125) percent of the approved cost estimate. A developer may seek no more than one (1) extension to the original, one-year bond period.

(5)

Violations. If the bond lapses and the improvements are not completed, then the developer shall be in violation of this section. If a developer is in violation of this section, then the city may proceed against the bond and complete the improvements.

(f)

Small-scale site plan review procedures.

(1)

Staff review. The site plan shall be reviewed by the appropriate departments for compliance with all applicable provisions of the City Code. The staff may withhold transmittal in order to seek additional data relative to the review criteria. The community development department will expedite affordable housing applications by prioritizing the applications and assigning a specific planner to the project.

(2)

Fee. A fee will be charged in accordance with the Community Development Department fee schedule for site plan review.

(3)

Community Development Director action. The Community Development Director shall administratively approve or deny an application classified as a small-scale site plan under section 16-31(b)(1).

(4)

Within five (5) days of the approval or denial of the small-scale site plan application, the director shall provide mail notice of the decision pursuant to this section. The applicant shall have fifteen (15) days to submit an appeal in writing to the director. Such appeal shall be processed in accordance with section 16-48(d).

(5)

Approval Period. A small-scale site plan which has been approved pursuant to the provisions of this chapter shall be effective for a period of eighteen (18) months, during which time an active city-issued development permit must be issued for the project, in order for the site plan approval and public facilities capacity reservation to remain effective. For the purpose of this subsection, city-issued development permits shall include engineering permits (including permits for site preparation and landscaping), building permits for a permanent structure or use, and demolition permits. The department may grant, in writing, two (2) extensions of one (1) year each for good cause. Thereafter, the applicant must reapply. Staff may deny an extension due to any changes to this Code or the comprehensive plan adopted since the initial site plan approval, if that change renders the initial site plan approval inconsistent with the comprehensive plan or Code, or incompatible with surrounding properties.

(g)

Large-scale site plan review procedures.

(1)

Staff review. The site plan shall be reviewed by the appropriate departments for compliance with all applicable provisions of the City Code. The staff may withhold transmittal in order to seek additional data relative to the review criteria. The community development department will expedite affordable housing applications by prioritizing the applications and assigning a specific planner to the project.

(2)

Reserved.

(3)

Notification and publication requirements. Notification shall be required in accordance with the provisions of section 16-51.

(4)

Fee. A fee will be charged in accordance with the Community Development Department fee schedule for site plan review.

(5)

Staff report. The staff shall prepare a report which contains the staff findings and transmit said report to the applicant who will respond in writing to all staff comments and revise the plans accordingly.

(6)

Planning and zoning board. The planning and zoning board shall place the site plan on the agenda of a regularly scheduled meeting providing all of the staff's comments have been adequately addressed by the applicant. The planning and zoning board will review all site plans for conformance with the requirements of this chapter and other applicable city regulations and make recommendations to staff.

(7)

Sign on-site. Signage shall be placed on the property in accordance with the provisions of section 16-51.

(8)

Board action. After a staff presentation, recommendations of the planning and zoning board may be submitted to the staff for consideration. The recommendation shall be based upon the review criteria. The board is authorized to table the plan in order to seek additional information relative to the review criteria. Any board recommendations will be made part of the staff report to the city commission.

(9)

City commission. After a hearing, the city commission must either approve, approve with conditions, or deny the site plan. The director of community development shall require compliance with conditions prior to issuance of the development authorization letter. The city commission must approve all site plans prior to the issuance of a building permit.

(10)

Development Authorization Letter. The issuance of the development authorization letter will be approved by the department following approval of the site plan by the city commission.

(11)

Approval period. A large-scale site plan which has been approved pursuant to the provisions of this chapter shall be effective for a period of eighteen (18) months, during which time an active city-issued development permit must be issued for the project, in order for the site plan approval and public facilities capacity reservation to remain effective. For the purpose of this subsection, city-issued development permits shall include engineering permits (including permits for site preparation and landscaping), building permits for a permanent structure or use, and demolition permits. The department may grant, in writing, two (2) extensions of one (1) year each for good cause. Thereafter, the applicant must reapply. Staff may deny an extension due to any changes to this Code or the comprehensive plan adopted since the initial site plan approval, if that change renders the initial site plan approval inconsistent with the comprehensive plan or Code, or incompatible with surrounding properties.

(12)

Denial. If site plan is denied, the applicant must wait six (6) months before reapplying for the same site.

(h)

Conformity required. No certificate of occupancy shall be issued for any development unless the development as completed is in conformance with the approved site plan, rendering, landscape plan and building elevations and floor plans. Any deviations from the approved site plan, including conditions attached thereto and paint colors, shall be considered a violation of this Code. However, minor adjustments may be authorized by the department in conformance with section 16-32 below.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-99-K, § 1, 8-24-99; Ord. No. 402-00-A, § 1, 3-28-00; Ord. No. 402-05-A, § 1, 4-12-05; Ord. No. 402-07-C, § 2, 6-27-07; Ord. No. 402-09-G, §§ 2, 11, 11-24-09; Ord. No. 402-10-D, § 2, 7-13-10; Ord. No. 402-12-A, § 2, 2-28-12; Ord. No. 402-12-E, § 3, 4-10-12; Ord. No. 402-13-D, § 2, 6-11-13; Ord. No. 402-14-B, § 2, 1-14-14; Ord. No. 402-23-C, § 2, 6-27-23; Ord. No. 402-24-G, §§ 2, 7, 9-10-24; Ord. No. 402-25-B, § 2, 7-8-25)

Editor's note— Section 7 of Ord. No. 402-24-G states: "The amendments to Section 16-31(b)(1)(c) shall be effective immediately and shall be automatically repealed twenty-four (24) months following the date of adoption [Sept. 10, 2024]."

(a)

Administrative revisions prior to issuance of a certificate of occupancy.

(1)

The director of community development, or his/her designee, shall have jurisdiction to make minor adjustments to site plans previously approved by the city commission without reconsideration by the city commission. Examples of minor adjustments that can be approved administratively include, but are not limited to: Parking lot configurations; minor architectural elevation changes and upgrades; revisions that affect internal on-site circulation only; dumpster enclosure revisions; generators; minor substitutions to landscaping, providing that the changes reflect an upgrading to the original approved plan; and engineering revisions (drainage, water, sewer, etc.) of a technical nature that do not impact any other aspects of the approved plans. Examples of revisions that require city commission approval include, but are not limited to: Significant or substantial architectural elevation changes, any change that would result in an architectural downgrade from a site plan previously approved by the city commission, any increase in building size of more than seven hundred fifty (750) square feet or one (1) percent, whichever is less, major ingress/egress revisions that affect traffic movements or the location of driveways, and major landscape revisions that tend to alter the appearance of the project substantially from the landscaping plan approved by city.

(2)

Administrative approval of a revised site plan prior to issuance of a certificate of occupancy shall not cause the site plan approval period provided in subsection 16-31(f)(10) to change.

(b)

Site plan revisions following issuance of a certificate of occupancy. Where adjustments or revisions are proposed to an approved site plan for a development project that has been constructed and received a certificate of occupancy, the following shall apply:

(1)

The director of community development, or his/her designee, shall have jurisdiction to make minor adjustments to a site plan previously approved by the city commission without reconsideration by the city commission, in accordance with subsection (a)(1), unless categorized as a small-scale site plan.

(2)

Any revisions to nonconforming uses and structures shall comply with Article XIII of this Land Development Code.

(3)

Where no site plan is on file with the city, for a development that has previously received a certificate of occupancy, the director of community development, or his/her designee, may authorize minor adjustments to be shown on a current land survey drawing that is not more than one (1) year old and accurately depicts all on-site improvements. The submittal shall include all the information normally required with a site plan submittal in accordance with subsection 16-31(d), to the greatest extent possible. Approval of such an adjustment shall not be deemed to render conforming any otherwise nonconforming aspects of the site.

(4)

An administrative revision to an approved site plan that has already received a certificate of occupancy, approved pursuant to this subsection, shall be effective for a period of eighteen (18) months, during which time an active city-issued development permit must be issued for the work included on the administrative revision. For the purpose of this subsection, city-issued development permits shall include engineering permits (including permits for site preparation and landscaping), building permits for a permanent structure or use, and demolition permits.

(5)

The director of community development, or his/her designee, shall have jurisdiction to approve the installation of mechanical equipment, in compliance with section 16-130, without amendment to the site plan previously approved by the city commission where such installation does not substantially affect the appearance of the project or negatively impact parking and on-site circulation.

(6)

The director of community development, or designee, shall have jurisdiction to approve the revision of roof material for a single-family home without an amendment to the site plan previously approved by the City Commission.

(c)

Any required revised engineering plans shall be submitted to the director of community development or his/her designee at the time of submittal of the site plan revisions, and shall be approved by the department prior to final approval of the revised site plan.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-09-G, § 3, 11-24-09; Ord. No. 402-12-A, § 3, 2-28-12; Ord. No. 402-12-E, § 4, 4-10-12; Ord. No. 402-14-D, § 2, 2-11-14; Ord. No. 402-23-D, § 2, 12-12-23; Ord. No. 402-24-G, § 3, 9-10-24)

No offer to convey any easement, or right-of-way or any offer to dedicate any lands or any offer to transfer ownership of any improvement to the city shall be accepted by the city except as follows:

(1)

The city commission may provide for the acceptance of easements, rights-of-way, land dedications, and improvements by agreement between the grantor and the city. The terms of any such agreement shall govern the method of acceptance.

(2)

In the absence of an agreement, the department is hereby authorized to accept easements and rights-of-way on behalf of the city for any public purpose provided the city attorney has approved the instrument of conveyance as to form. The department is also authorized to accept land dedications on behalf of the city when directed to do so by resolution of the city commission. All land dedication instruments shall be approved beforehand by the city attorney as to form.

(3)

In the absence of an agreement approved by the city commission, the department is authorized to accept improvements for utility lines, lift stations, pump stations, roads, and other utility and drainage improvements constructed over, across, upon or under easements and rights-of-way provided the improvements are located within duly accepted easements or rights-of-way.

(4)

Approval of a plat by resolution of the city commission shall be an acceptance of dedications to the city of easements, rights-of-way and land included on the plat provided the plat receives final approval from Broward County. Plat approval is not an acceptance of any improvements located within said easements, rights-of-way or dedicated lands.

(5)

For each utility line, road, or other improvement transferred to the city, there shall be a bill of sale executed by the owner offering to make the transfer. Any applicable warranties shall be assigned to the city simultaneously with the tender of the bill of sale.

(6)

No offer of conveyance of any easement, right-of-way, land dedication or improvement made after the date this Code section becomes effective shall be accepted by the city except as provided in this section.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

General requirements.

(1)

Land use and zoning classifications: All plats submitted for consideration shall have the proper land use and zoning classifications for the proposed development as presented.

(2)

Maximum impact assumed: Unless an application for site plan approval is submitted in conjunction with the application for plat approval, a development shall be assumed to incur the maximum impact allowed under the applicable land use category and zoning district.

(3)

Phased platting: If a single parcel is to be platted in phases, a master development plan shall be submitted in accordance with section 16-39.

(4)

Submittal of approved plat to Broward County: When the plat has been approved by the city commission and signed by the city clerk, director of community development, and the mayor, it will be submitted by the city to the county for review, approval and recordation.

(5)

Plat necessary for building permit:

a.

In addition to the concurrency requirements of Article IV, the city shall not grant an application for a building permit for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been approved by the city and Broward County and recorded in the official records of Broward County subsequent to June 4, 1953. This section will not apply to an application for a building permit which meets any of the following criteria:

1.

Construction of one (1) single-family dwelling unit or duplex unit on a lot or parcel which lot or parcel was of record as such in the applicable public records as of the effective date of this plan; or

2.

Construction on any multifamily or nonresidential lot or parcel which is less than five (5) acres in size and specifically delineated on a plat recorded on or before June 4, 1953.

b.

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

1.

Compliance with the other applicable provisions of this Land Development Code; and

2.

Any land within the lot or parcel which is necessary to comply with the trafficways plan has been conveyed to the public by deed or grant of easement.

c.

The city shall not approve for recordation in the official records any plat of lands that is not in compliance with the city's land use plan.

(b)

Concurrent county review. A developer is encouraged to submit the preliminary plat to Broward County for a county staff review concurrent with submittal to the city. This will save the developer time and give the city an opportunity to evaluate the county review prior to issuing final approval. The city, at its option, may request a county staff review of the plat if the developer does not elect to submit for concurrent county review.

(c)

Plat review procedures:

(1)

Submission and processing of the plat:

a.

The developer shall submit the original and ten (10) copies of the plat to the department with a letter requesting that the plat be considered for formal approval.

b.

Staff will then transmit a report, which will include the staff's recommendations on the plat application to the planning and zoning board providing all of the staff's comments have been adequately addressed by the applicant.

c.

The planning and zoning board shall place the plat on a regularly scheduled meeting agenda. The board may table the plat in order to obtain additional required information. The board shall review the application for compliance with the applicable provisions of this chapter. The board may make recommendations to staff for its consideration. Any board recommendations will be made part of the staff report to the city commission.

d.

The city commission shall review the plat and the application at a regularly scheduled commission meeting or a special city commission meeting.

e.

The city commission shall either approve, approve with conditions, or deny the application unless an extension is requested by the developer. If approved, the plat will then be endorsed by the department.

(d)

Items to be shown on plat. The plat shall be prepared in accordance with Chapter 177, Florida Statutes, Rule 61G-17 Florida Administrative Code, and Article IX, Chapter 5, "Broward County Land Development Code" of Broward County Code of Ordinances. The plat shall provide space for approval of city authorities, including the mayor, city clerk, director of community development and the appropriate drainage district.

(e)

Non-vehicular access line amendments. Parcels located within Sunrise Industrial Park Phases II, III and IV which have non-vehicular access lines (NVAL) specified on the plat and have frontage on Commercial Boulevard, Nob Hill Road or N.W. 44th Street may apply for approval of a modification of the NVAL with the city and Broward County in order to allow access to a site from any of these roadways.

(1)

Processing of a NVAL amendment:

a.

The applicant shall submit ten (10) copies of a turn lane design plan and site plan to the chairperson of the development review committee with a letter requesting that the NVAL amendment be considered for formal approval.

b.

The chairperson of the development review committee will then transmit the amendment to the city commission. The city commission will review the amendment based on access considerations, traffic circulation, and the impact on surrounding properties.

c.

The city commission shall either recommend approval, recommend approval with conditions, or recommend denial to the Broward County Commission of the amendment. The recommendation of the city commission shall be transmitted to the Broward County Commission.

d.

For parcels located outside of the above areas, the applicant may request city approval administratively, without city commission approval. The administrative review shall include a review of access considerations, traffic circulation, and impact on surrounding properties, by city planning and engineering staff.

(f)

Vacation of plats. Street and canal rights-of-way and easements, if dedicated to the city by plat, may be vacated in accordance with Section 177.101, Florida Statutes, upon application review fees, provided the city commission determines that the street right-of-way, canal right-of-way or easement is no longer required by the city and that the vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.

(g)

Plat note amendments. A proposed plat note amendment shall be consistent with the applicable land use and zoning classifications and shall be reviewed based on the maximum impacts allowed. If the plat is within a development of regional impact (DRI) the proposed plat note shall be consistent with the permitted development in the DRI development order. The application shall include a conceptual site plan showing proposed buildings and uses. If the zoning classification is PDD or PUD the approved master plan shall be used.

The director of community development, or his/her designee, is authorized to review and approve plat note amendments. However, if one (1) or more of the following is proposed the planning and zoning board shall review and recommend whether to approve the plat note amendment and it shall be submitted to the city commission for review and approval:

(1)

An increase in intensity of development;

(2)

An increase of more than one (1) percent in AM or PM peak hour trips; or

(3)

A change of use.

(h)

In the event that a plat note amendment is requested for a use that is not permitted by right pursuant to Article V of this code, the applicant shall first obtain approval for a special exception use pursuant to section 16-36, prior to further review of the plat note amendment.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-09-G, § 4, 11-24-09)

(a)

Site work bond prerequisite to building permit. Prior to the issuance of a building permit for any development regulated by this article, the developer shall post with the city, in a form acceptable to the city attorney, a bond, letter of credit or other acceptable surety. The bond or other instrument provided herein shall be in favor of the City of Sunrise and shall be for the purpose of guaranteeing cleaning up, clearing and safely securing the project site in the event the developer fails to properly do so. This shall include demolition or other steps necessary to correct hazardous structural or environmental conditions.

The director of community development, or his/her designee, shall determine the acreage affected by construction activity for which a bond shall be required. The bond shall be in an amount equal to ten thousand dollars ($10,000.00) plus three thousand dollars ($3,000.00) for each acre, or fraction thereof, over two (2) acres and up to ten (10) acres, plus one thousand dollars ($1,000.00) for each acre, or fraction thereof over ten (10) acres. A minimum bond of ten thousand dollars ($10,000.00) shall be required for all projects.

(b)

Violations. In addition to the penalties of this chapter, the city building official may withhold the issuance of any certificate of occupancy if there has not been compliance with the provisions of this chapter.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-09-G, § 5, 11-24-09; Ord. No. 402-12-E, § 5, 4-10-12; Ord. No. 402-14-I, § 2, 6-10-14)

(a)

Purpose. It is the purpose of this section to make provision for those uses which may be essential or desirable for the orderly development of the city and for the public convenience or welfare but which, because of their particular characteristics or area requirements, should be given individual considerations relative to adjacent property.

(b)

Uses permitted. Except as provided by this section, such uses shall be confined to those specifically listed as permitted special exception uses in the district regulations and shall be subject to the conditions and limitations prescribed therein. In addition to the uses listed in the district regulations as special exception uses, such public utility uses and structures as transformers station, telephone exchange, communication tower, pumping station, or other essential component in any district shall require special exception approval, unless exempted by applicable regulations.

(c)

Application procedures.

(1)

Application contents: The following shall be submitted to the department with special exception use permit applications:

a.

A sketch plan which depicts the location of buildings on the site; the internal traffic circulation system; ingress and egress from major roadways; parking areas which meet the requirements of the City Code; and the proposed landscaping of the project.

b.

Elevations of the proposed buildings.

c.

A colored three-dimensional rendering.

d.

A description of the major facilities to be located on-site.

e.

Hours of operation.

f.

Other items deemed by the development review committee as necessary to demonstrate compliance with the review criteria.

(2)

Fee: A fee will be charged in accordance with the development code fee schedule. In the event that revision to a previously approved site plan or engineering plan is required in conjunction with the application for special exception use, an additional fee shall be charged for plan review. Where no site plan exists for a development that has previously received a certificate of occupancy, then the provisions of subsection 16-32(b)(3) shall apply.

(3)

Sign: Signage shall be placed on the property in accordance with the provisions of section 16-51.

(4)

Staff review: The staff shall review the application, seek additional data if necessary, and prepare its recommendation.

(5)

Board of adjustment: The application shall be placed on the agenda of a regularly scheduled meeting, providing all of the staff's comments have been adequately addressed by the applicant. The board shall review the application for compliance with the applicable provisions of this chapter. The board may make recommendations to staff for consideration. Any board recommendations will be made part of the staff report to the city commission. See subsection 16-48(e) for additional details.

(6)

City commission: The commission shall vote to approve, approve with conditions, or deny the application.

(d)

Review criteria. The standards and guidelines to be applied by the board of adjustment or by the city commission in considering applications for a special exception use are as follows:

(1)

Impact on surrounding properties: An otherwise lawful activity may, because of its location, interfere with the property rights of adjacent landowners by creating an unreasonable disruption to the area by way of increased noise, light, storage and use of dangerous materials, intensity of development and other reasons. It is the intent of this section that each application for approval of a special exception use be evaluated in light of the unique characteristics of the neighborhood in which it is to be located and the positive and negative effects that it will have on that neighborhood and the community in general. Special consideration is to be given to the effect that the proposed special exception use will have on the safety and welfare of the minor residents of the area.

(2)

Traffic: Consideration will be given to the volume and type of vehicular traffic associated with such use, particularly its impact on residential streets.

(3)

Comprehensive plan: Conformity to goals, objectives and policies of the Sunrise Comprehensive Plan.

(4)

Other factors: Any additional factors or considerations which may be reasonably calculated to materially affect public health, safety and welfare; these must be explicitly stated in the motion to approve or deny.

(5)

B-6 District intensity and density: As set forth in subsection 16-79(f), certain intensities and densities for B-6 uses shall be determined pursuant to the special exception process. In determining conformance with the intent of subsection 16-79(f) entitled "Use, intensity, site design and procedural regulations for the B-6 District," consideration shall be given to the language contained in that section. These intensity and density regulations are not intended to limit any rights which may exist under existing development orders.

(e)

Effective period of special exception certificate. A special exception use certificate, which has been approved pursuant to the provisions of this chapter and in conjunction with an approved site plan, shall be effective for the same time period as the site plan. A special exception use certificate, which has been approved pursuant to the provisions of this chapter and was not approved in conjunction with a site plan, shall be effective for a period of eighteen (18) months, during which time active building permits or an local business tax receipt must be issued for the project in order for the special exception use certificate to remain effective. Upon application to the city commission prior to the expiration date of a special exception use certificate not approved in conjunction with a site plan, the effective period may be extended by the city commission for up to an additional twelve (12) months. Denial of an application shall preclude the applicant from reapplying for eighteen (18) months from the date of denial.

(f)

Effect of special exception use permit. A special exception use permit issued pursuant to the requirements of this article, grants to the applicant, its successors and assigns, the right to develop and/or utilize the premises in accordance with the terms and conditions contained in the special exception use permit, unless otherwise stated as a condition of approval.

(g)

Amendments to an approved special exception uses.

(1)

Requests to amend a special exception use shall be submitted to the department in writing.

(2)

The director of community development, or his/her designee, is authorized to review and approve minor amendments to a previously approved special exception use.

(3)

All amendments that propose a change of use or an increase in intensity of the development or use shall be submitted for city commission review and approval in accordance with subsection 16-36(c).

(h)

Violation of conditions. Any failure to adhere to the terms and conditions of the approval shall be considered violations of this Code and shall be subject to the penalties prescribed by the city code. This includes any change in use or increase in intensity of an approved use that has not been approved pursuant to subsection (g).

(i)

Effect of nonuse. If, for any reason, the approved special exception use ceases or is discontinued for a period of one (1) year or more, the property shall not thereafter be used for that special exception use without the subsequent approval of a new special exception use application in accordance with this section. This subsection (i) shall be effective for all special exceptions that are approved after January 1, 2018.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-98-C, § 1, 6-25-98; Ord. No. 402-99-G, § 1, 7-27-99; Ord. No. 76-07-A, § 51, 9-11-07; Ord. No. 402-09-G, § 6, 11-24-09; Ord. No. 402-10-D, § 3, 7-13-10; Ord. No. 402-17-D, § 2, 11-14-17)

See section 16-48 in Article III.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

All applications shall be made to the department on such application forms as may be developed and supplied by the department.

(b)

All such applications shall be accompanied by the following documents and information:

(1)

A legal description of the property if the application is for an amendment to the land use plan or zoning map.

(2)

A letter of authorization from the property owner, if applicable, and if different from the applicant.

(3)

A location map if a particular site is involved.

(4)

A narrative description of the requested amendment including the reasons for such request. Rezoning requests shall also address the additional criteria in subsection 16-38(c).

(5)

All information and documents required by Broward County if the application is for an amendment to the land use plan or land use plan map of the comprehensive plan.

(6)

Other information as required by the department.

(c)

Rezoning criteria. The applicant shall demonstrate conformance with the following criteria for the zoning district into which the property is to be converted:

(1)

That the request is consistent with the goals, objectives, policies, and intent of the city's comprehensive plan.

(2)

That the request is consistent with the density, intensity and general uses set forth in the city's future land use map (FLUM).

(3)

That the request meets the purpose and criteria set forth in the city's land development code for the zoning district into which the property is to be converted.

(4)

That the request is compatible with existing and proposed uses in the general vicinity.

(5)

That the request will not place an undue burden on existing infrastructure and existing capacity for the property or its general vicinity or that the applicant will provide appropriate improvements to offset the impacts.

(6)

That the request shall document any changed or changing conditions which make approval of the request appropriate.

(d)

Review by planning and zoning board.

(1)

All such applications along with all information and documentation submitted with said application, shall be transmitted to the planning and zoning board within fifteen (15) days of the date the department determines the application to be complete.

(2)

The planning and zoning board shall place the application on the agenda of a regularly scheduled or special meeting. The board may make recommendations to staff for consideration. Any board recommendations will be made part of the staff report to the city commission.

(e)

Review by city commission.

(1)

All such applications shall be processed as ordinances of the city in accordance with the applicable city and state requirements.

(2)

All applications for amendments to the city land use plan and land use plan map, and the Broward County Land Use Plan Map, and to the Broward County Land Use Plan shall be processed in accordance with the applicable city, county and state requirements.

(3)

The city commission hereby designates itself as the local planning agency (LPA) in accordance with the requirements of F.S. § 163.3174. A member of the School Board of Broward County or a designee shall be an ex-officio member of the LPA when any application for a land use plan amendment or rezoning that would increase residential density is considered by the LPA.

(f)

Notification of surrounding property owners.

(1)

Notification shall be required in accordance with the provisions of section 16-51.

(2)

In addition to the requirements of subsection (1) above, the applicant for an amendment to the zoning map or land use plan map shall place signage on the property in accordance with the provisions of section 16-51.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-02-B, § 1, 4-9-02; Ord. No. 402-04-A, § 1, 1-13-04; Ord. No. 402-10-D, § 4, 7-13-10; Ord. No. 402-14-B, § 3, 1-14-14; Ord. No. 402-16-B, § 2, 1-26-16)

(a)

When required. A master development plan is required for development under the following circumstances:

(1)

Where a development is intended to be platted, site planned, or developed on a parcel of five (5) acres or more by one (1) or more property owner(s) or developer(s); or

(2)

For a commercial development which consists of more than one (1) contiguous or non-contiguous parcel with a cumulative area of five (5) acres or more, and has at least one thousand (1,000) lineal feet of cumulative road frontage; or

(3)

Where a development is intended to be platted, site planned or developed by one (1) or more property owner(s) or developer(s) and is proposed to include more than one (1) principal building and:

a.

The building permits for the buildings are proposed to be applied for at least six (6) months apart; or

b.

The director of community development determines that the extent of the proposed development will require such staging of building permits.

(4)

Residential developments located on a parcel of less than ten (10) acres in size shall be exempt from this subsection.

(b)

Additional requirements. A master development plan which is required in conjunction with the application for planned unit development rezoning must meet all the requirements established in article V. A developer who wishes to determine if a master development plan is required for a particular development may request a determination from the director of community development. The decision may be appealed to the city commission for a final determination as hereinafter provided. Where such a plan is required, all future development approvals must be consistent therewith.

(c)

Master development plan approval procedure. The site plan review procedures contained in subsection 16-31(g) shall be followed.

(d)

Criteria for approval. The city will consider the ability of the proposed plan to conform with applicable technical requirements of this code, including concurrency. In addition, an evaluation will be made as to whether the proposed development and its phasing is consistent with the surrounding area and the city as a whole, based upon the parameters in subsections (f), (g), (h), and (i) below.

(e)

Effective period of approval. Approval of a master development plan as provided herein shall be effective for a period of eighteen (18) months. Unless a site plan approval is obtained on or before the last day of the eighteenth month following the date of approval, said approval shall expire. The applicant may request an extension of the approval period by submitting written justification to the department for the proposed extension. The department may grant, in writing, two (2) extensions of one (1) year each for good cause. Thereafter, the applicant must reapply for a new master development plan. Staff may deny an extension due to any changes of the land development code or comprehensive plan, adopted since the master plan approval that renders the master plan inconsistent with the Comprehensive Plan or Code or incompatible with the surrounding properties.

(f)

Contents of plan. A master development plan shall include the following information:

(1)

Delineation of the geographical area covered by the entire development.

(2)

General schematic representation of the land uses included within the development.

(3)

Approximate delineation of internal circulation, with hierarchical classification of streets.

(4)

Points of connection of the local streets or internal collector drives to the public roadways, including general indication of the necessary improvements of the public roadways to accommodate the local trips generated by the proposed development.

(5)

General location and size of any community facilities proposed to be included within the development such as parks, schools, fire stations, community centers, etc.

(6)

Indication of existing native vegetation and any other natural features found within the proposed development.

(7)

Depiction of standard curb type(s) and conceptual surface water management elements, including, but not limited to, design finished floor elevation, retention facilities, drainage easements, swales, weir location and elevation, and outfall(s). Drainage calculations supporting the surface water management elements, weir elevation and design finished floor elevation, in conformance with Article XI of this chapter, shall be provided as supporting documentation. The above items shall be prepared by a professional engineer, registered in the State of Florida, and signed and sealed in accordance with all applicable laws and rules.

(8)

Table of computation of land use distribution showing proposed uses, acreage, and number of units and density in the case of residential uses.

(9)

Conceptual water and sewer plan, depicting the water and sewer facilities and source of public water and wastewater disposal facilities; general distribution and collection plans within the proposed development, including easements for utilities, in conformance with Chapter 15. The above items shall be prepared by a professional engineer, registered in the State of Florida, and signed and sealed in accordance with all applicable laws and rules.

(10)

Entrance feature and perimeter landscaping design.

(g)

Timing of improvements; required bonds. The required perimeter landscaping, swales, entrance features, entry drive landscaping and sidewalks, internal collector drive(s), pedestrian walkways, and all appurtenant hardscape features, including, but not limited to, fountains, roundabouts, and benches (the "improvements") shall be installed for the entire project area shown on the master development plan prior to the issuance of the first certificate of occupancy. However, secondary vehicular drives, as defined in section 16-277, shall not be required to be completed until a certificate of occupancy is requested for a building that is directly served by the secondary vehicular drive. Developers shall provide bonds in an amount equal to one hundred thirty-three (133) percent of the cost of the improvements, and providing for and securing the actual and timely construction and installation of the approved improvements, in compliance with each of the following requirements:

(1)

Bonds allowed, required construction plans, hold harmless agreement. Bonds, as that term is used in this section, shall include letters of credit, cash bonds, bonds issued by an insurance company legally doing business in the State of Florida, or other acceptable means agreeable to the city attorney. Letters of credit shall be drawn upon banks or savings and loans legally and actually doing business in Florida. All bonds must be approved by the city attorney's office, and shall be provided in addition to any other bond required for any other purpose by any government entity. Bond documents shall assure that construction plans for the improvements shall be submitted to the city not less than thirty (30) days prior to the commencement of construction. In addition, the property owner shall submit a hold harmless and indemnification agreement in a form acceptable to the city attorney, protecting the city in the event that it must exercise its rights under the bond.

(2)

Cost estimate, administrative fee, amount of bonds, bond period. A written calculation of the costs for completion of the improvements in accordance with the approved plans shall be prepared by a registered engineer, and submitted to and approved by the department. A city administrative fee equal to one (1) percent of the bond shall be included in the cost estimate, shall be payable to the city upon city approval of the bond, and shall be nonrefundable. The bond amount shall be set at one hundred thirty-three (133) percent of the approved cost estimate (including the administrative fee), and shall assure completion of the improvements, payment of the administrative fee, and reimbursement of any city expenses incurred as a result of the developer's violation of this section. The bond period shall be for no longer than one (1) year after the date of the issuance of the first certificate of occupancy, and shall also set the deadline for the completion of the improvements.

(3)

Release of bonds, change in ownership. Upon successful completion of the approved improvements and written approval by the city, bonds required for completion of the improvements shall be released, on request by the developer. Bonds may be released by the city when fee simple title is transferred. The city may condition the release of the bond upon the establishment of a new bond by the new owner in fee simple.

(4)

Extension of bond periods. Developers may obtain a one-year extension of a bond (and a related one-year deferral of the completion date of the improvements) upon submission and city approval of an updated cost estimate. If the updated cost estimate is greater than the original cost estimate, then the amount of the bond shall be increased proportionately so that the bond still guarantees one hundred twenty-five (125) percent of the approved cost estimate. A developer may seek no more than one (1) extension to the original, one-year bond period.

(5)

Violations. If, at any time after the issuance of the first certificate of occupancy, the bond lapses and the improvements are not completed, then the developer shall be in violation of this section. If a developer is in violation of this section, then the city may proceed against the bond and complete the improvements.

(h)

Design standards.

(1)

Hardscape requirements: Developments larger than ten (10) acres or consisting of two (2) or more non-contiguous parcels shall be designed with an internal collector drive, which provides vehicular ingress or egress between individual parcels and access to parking areas, and which provides connection to an adjacent public roadway. The internal collector drive shall include a curbed, landscaped median at least ten (10) feet in width from inside of curb to inside of curb, with curvilinear sidewalks and landscaped berms along both sides of the drives. Secondary access drives, as defined in section 16-277, shall include curbed, landscaped medians at least eight (8) feet in width, measured from inside of curb to inside of curb. Benches, shaded from the sun, shall be provided along the internal collector drives and detention lake banks spaced no more than two hundred (200) feet, with an attractive refuse collector located nearby. The department shall, where possible, require the internal collector drive and other internal circulation drives to be gently curving in order to promote a safe and tranquil environment. Master development plans shall include a defined vehicular entryway configured as a square or boulevard or some other distinctive space created by trees, masonry walls, buildings and/or special paving. The department may at its discretion adopt and, from time to time, modify administrative rules to provide additional details to govern the design geometrics and the construction details of internal circulation and parking facilities.

(2)

Landscape requirements: Entry feature landscaping is required and shall consist of trees plus low, mid and upper level landscaping. The landscaping shall be located in the area on either side of the entry drive and shall extend along the right-of-way on each side of the entry drive a distance equal to one-half (½) the width of the right-of-way to which the entry drive connects. The landscaping shall extend along the entry drive to the first parking space or the first intersecting internal drive. Notwithstanding the above, the minimum required distance parallel and perpendicular to the entry feature landscaping for secondary entries shall be one-half (½) the minimum extent for primary entries. Entrance features shall include elegantly distinctive architectural design, identifying and distinguishing the project. The department may, at its discretion, adopt and, from time to time, modify administrative rules to provide additional details to govern the design and construction of landscaping and architectural features.

(3)

The minimum number of trees for entrance feature and perimeter landscaping shall meet the minimum requirements of section 16-169. In addition, at the time of installation, not less than fifty (50) percent of the total required trees for the entrance feature area shall be specimen trees as defined in subsection 16-165(d)(5).

(4)

Decorative pavers, or stamped architectural concrete shall be required to be placed on roadways at project entryways, the intersections of internal circulation drives, any roundabouts with architectural features in the center, and for all driveways to any parking garage provided pursuant to section 16-139.

(5)

Site features of subdivided parcels within a master planned site shall be subject to the approved master plan design criteria. Site plans shall be designed to complement the approved master plan. The exterior colors of buildings, trim and other site features shall be subject to the approval of the department. They shall be selected to ensure compatibility among the various colors of the approved master plan a visually tranquil environment, and they shall conform to the requirements of section 16-138.

(6)

Lakes and other detention areas shall be equipped with fountains for aeration and decoration. Fountain spray shall be lighted and the spray height shall be a minimum of fifteen (15) feet, but not less than twenty-five (25) percent of the shortest dimension of the lake or other detention area. Maximum spray height shall be limited to fifty (50) feet.

(i)

Internal collector drive median landscaping. For all required internal collector drive medians within all districts, the following landscaping shall be required as a minimum: One (1) tree or palm per each twenty-five (25) lineal feet of median or fraction thereof, and a combination of low- and mid-level landscaping that encompasses a minimum of fifty (50) percent of the median area. Species shall be trees or palms selected from the city's approved plant list, with a minimum height for trees of twenty (20) feet and for palms of twenty-five (25) feet. Trees or palms shall be installed within the median and both sides of the internal collector drive.

(j)

Recreational amenities. Any recreational facilities to serve the project, in the case of residential uses, shall be completed and receive a certificate of occupancy before the certificate of occupancy for the first residential unit will be approved.

(k)

Changes to master development plans. Master development plans are adopted as an integrated and unified program of development for a particular property that is compatible with the surrounding development. Any change in use to a portion of the master development plan is disfavored and shall not be approved unless the developer seeking a change demonstrates to the commission by clear and convincing evidence that there has been a material change in circumstances that requires the change, that the change is the minimum necessary and that the amended master development plan will result in development of at least the same quality and compatibility as would the originally approved master development plan. Financing issues shall not be considered a material change in circumstances.

(l)

Notification of surrounding property owners. Notification shall be required in accordance with the provisions of section 16-51.

(m)

Sign on-site. Signage shall be placed on the property in accordance with the provisions of section 16-51.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-00-F, § 1, 9-26-00; Ord. No. 402-01-F, § 1, 8-14-01; Ord. No. 402-02-F, § 1, 8-27-02; Ord. No. 402-07-C, § 2, 6-27-07; Ord. No. 402-09-G, §§ 7, 11, 11-24-09; Ord. No. 402-14-B, § 4, 1-14-14; Ord. No. 402-25-B, § 3, 7-8-25)

(a)

For the purpose of this section, a construction project, which has obtained site plan approval from the city, and for which construction has commenced, shall be deemed abandoned if work is suspended on said project for one hundred eighty (180) calendar days or more. Work shall be considered suspended when there is not a full complement of workers and equipment present on the site to diligently continue construction and incorporate materials into the project or when all city issued permits have expired. The fact that the property or parties may be involved in litigation shall not be sufficient to constitute an exception to the time period set forth above.

(b)

Notwithstanding any other code provision to the contrary, once a project is abandoned, any site plan or engineering plan approved by the city for the project shall automatically expire, and any outstanding engineering permits issued in accordance with the site plan or engineering plan shall also be deemed to have expired.

(c)

No person shall be permitted to commence work on an abandoned project unless the person first submits the project to the city commission for review and obtains the city commission's approval. Any developer proposing to make substantial changes in the original site plan for the project shall submit the revised plan through the development review committee and seek approval of a revised site plan, which shall be subject to all City Code provisions now in effect. Any project abandoned for twelve (12) months or more shall be submitted through the city's development review committee.

(d)

As a condition of obtaining city commission approval to revive a project, the city commission may impose one (1) or more of the requirements or conditions set forth below on the developer of the project. The developer may be required to:

(1)

Obtain a report from a Florida licensed structural engineer certifying the condition of any structures.

(2)

Remove or repair any structures identified as unsound in the structural engineer's report.

(3)

In residential projects, complete all common area improvements before work commences on any dwelling units, or in lieu of this requirement, obtain a performance bond which shall cover one hundred ten (110) percent of the cost of the common area improvements.

(4)

Obtain a bond which shall be triple the amount provided for by subsection 16-35(a) of the City Code.

(5)

Pay in full all city property maintenance liens and any other delinquent charges owed to the city.

(6)

Impose any other conditions necessary to protect the health, safety and welfare of the surrounding community.

(e)

This section shall be applicable to any project in the city that is abandoned on the effective date of this section.

(f)

Paragraph (d) above stating conditions for reviving abandoned projects shall be applicable to the revival of any abandoned construction project.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-09-G, § 8, 11-24-09)

(a)

All development permits approvals authorized by this chapter are conditional approvals subject to the permit holder's compliance with all terms and conditions of the permit. All permits are subject to being revoked or suspended if any term or condition of approval is violated.

(b)

Notwithstanding any other provision contained in this chapter, the city commission may revoke or suspend any development permit authorized by this chapter, or direct that no further development permits be issued for a development, if the holder of a development permit is found to have violated any of the terms or conditions of a permit approval.

(c)

Before any of the actions set forth in subsection (b) may be ordered, the city shall provide notice to the permit holder of the alleged violation. written notice of the violation shall be provided by certified mail, return receipt requested, which shall be mailed to the permit holder at the address shown for the property owner or developer on the permit application. Any other form of notice may be used in addition to certified mail, including, but not limited to, hand-delivery, facsimile transmission and telephone call, which is reasonable under the circumstances, to apprise the permit holder of violation and scheduled hearing. A copy of the notice may be sent to the permit holder's attorney, if known. The notice shall advise the permit holder of the nature of the violation and the time, place and date of a hearing. The hearing shall be held no sooner than fifteen (15) days nor later than forty-five (45) days from the date notice is mailed. A hearing may be held earlier than fifteen (15) days if the nature of the violation represents an immediate threat to the health or safety of the community. At the hearing, the city commission, sitting as a quasi-judicial body, shall determine whether the alleged violation exists. If a violation is found to exist, the city commission may revoke or suspend the development permit containing the condition violated, or direct that no further development permits be issued for a development, unless and until the developer provides substantial assurance that the violation will be corrected and no further violations of the permit conditions will occur. Substantial assurance may consist of a bond, agreement, or additional conditions on the permit.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

Applications for developments of regional impact (DRI) or for amendments to an approved DRI, shall be subject to the requirements of Section 380.06, Florida Statutes.

(b)

Approval of a development order for a development of regional impact shall be in the form of an ordinance.

(Ord. No. 402-97-E, § 1, 8-26-97)

For projects within the utility service area, as defined in the City of Sunrise Comprehensive plan, that are located outside the corporate limits of the City of Sunrise, the applicant shall submit engineering plans to the department of community development for review and approval prior to the issuance by the department of any engineering permit for construction.

(Ord. No. 402-09-G, § 9, 11-24-09)

(a)

Engineering plans must be submitted to the department for all new development for which site plan approval is also being requested. Engineering plans may not be submitted to the department for review prior to the first scheduled development review committee meeting.

(b)

The engineering plan shall be submitted as a set of drawings titled:

(1)

Cover sheet.

(2)

Paving, grading and drainage plan.

(3)

Paving, grading and drainage details.

(4)

Water and sewer plan.

(5)

Water and sewer details.

(6)

Lift station details.

(7)

Offsite improvements.

(8)

Storm water pollution protection plan.

(9)

Miscellaneous.

(c)

All drawing pages shall have the same orientation (typically with North arrow up or right), be consistently scaled, and include a standard title block to be provided by the Department. Each page shall provide a blank space, not less than three and one-half (3.5) inches wide by five and one-half (5.5) inches tall, in the lower right hand corner, to accommodate the city approval stamp.

(d)

Engineering plans shall contain the following information:

(1)

Paving, grading and drainage: Spot grades, direction of drainage flows, retention and/or detention facilities location, finished floor elevation of each building, pavement cross-sections and details, curbing details, sidewalk details, drainage pipe sizes, structure elevations and details, grades, bank slopes, and all other details and data necessary to formulate a complete paving, grading and drainage plan for permitting and construction. These plans shall be in conformance with all applicable regulatory agency requirements and standard engineering practices.

(2)

Water and sewer: Existing and proposed fire hydrant locations, water main sizes, valves, tie-in to existing lines, manholes, lift stations, easements, and all other details and data necessary to formulate a complete water and sewer plan for permitting and construction. These plans shall be in conformance with all applicable regulatory agency requirements and standard engineering practices.

(3)

The department may require soil borings to determine the presence or absence of muck or other unsuitable materials. In lieu of borings, a statement from a registered engineer, in the State of Florida, certifying that there is no unsuitable material can be submitted. The extent and number of these borings shall be shown on the plan. The plan shall extend a minimum of one hundred (100) feet beyond the limits of the proposed development to ensure satisfactory integration therewith. It is not necessary to provide borings beyond the limits of proposed improvements.

(Ord. No. 402-09-G, § 9, 11-24-09)

If an applicant does not respond in writing to any staff review comments within three (3) months from the date of the latest transmittal of any comments by the department, the application shall be considered withdrawn.

(Ord. No. 402-12-E, § 6, 4-10-12)

(a)

Membership.

(1)

There is hereby created a board of adjustment for the City of Sunrise appointed pursuant to section 2-77. Three (3) of the members of the board should, where practicable, consist of architects, engineers, planners, attorneys or other such professional people experienced in zoning regulations. All of the provisions of Chapter 2, Article III, Division 1 of this Code shall apply to this board unless specifically exempted or excluded herein.

(2)

Members of the board shall serve for a term of one (1) year and until the successors are qualified.

(3)

The members of the board of adjustment shall be compensated as provided by a resolution of the city commission.

(4)

A quorum shall consist of four (4) voting members. The affirmative vote of a majority of those voting members shall be required to take any board action.

(5)

When a board member declares a conflict of interest under state law, said member shall be prohibited from participating in any board discussion of the matter which is the subject of the conflict of interest. Said board member shall not be counted towards establishing a quorum for the matter which is the subject of the conflict of interest.

(6)

Following the appointment of the members of the board of adjustment, the board shall convene in January, and a chairperson shall be selected by a majority vote of the board members. The chairperson shall vote on all matters before the board and shall be counted for purposes of obtaining a quorum.

(b)

Proceedings of the board of adjustment.

(1)

The board of adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter, meetings shall be held at the call of the chairperson, and at such time as the board may determine. The chairperson, or in his absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(2)

The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record.

(c)

Stay of proceedings. Any appeal to the city commission from a decision of an administrative official stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the city commission that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the city commission or by a court of competent jurisdiction on application, on the notice of the administrative official from whom the appeal is taken and on due cause shown.

(d)

Duties of board. The board of adjustment shall have the following powers and duties:

(1)

Variance: To review applications for variances from the terms of this chapter as will not be contrary to the public interest where, owing to conditions unique to this site, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.

a.

The applicant shall demonstrate conformance with the following criteria:

1.

That special conditions and circumstances exist affecting the land, structure or building involved preventing the reasonable use of said land, structure or building.

2.

That the circumstances which cause the hardship are peculiar to the property, or to such a small number of properties that they clearly constitute marked exceptions to other properties in the district.

3.

That the literal interpretation of the provisions of this chapter would deprive the applicant of a substantial property right that is enjoyed by other property owners in the district. (It is of no importance whatsoever that the denial of the variance might deny to the property owner some opportunity to use the property in a more profitable way, or to sell it at a greater profit than is possible under the terms of this chapter.)

4.

That the hardship is not self-created or the result of mere disregard for, or ignorance of, the provisions of this chapter.

5.

That the variance is the minimum variance that will make possible the reasonable use of the property, and that the variance will be in harmony with the general purposes and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

6.

That granting the variance requested will not be detrimental to adjacent properties or adversely affect the public welfare. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be grounds for the issuance of a variance.

7.

Under no circumstances shall the board of adjustment recommend a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

b.

Expiration of variance. A variance, which has been approved pursuant to the provisions of this chapter and in conjunction with an approved site plan, shall be effective for the same time period as the site plan. A variance, which has been approved pursuant to the provisions of this chapter and was not approved in conjunction with a site plan, shall be effective for a period of twelve (12) months from the date of issuance, during which time building permits must be issued consistent with said variance. After twelve (12) months, in the absence of an active building permit issued for the subject development, the variance shall expire.

(2)

Special exception uses: To review special exception use applications pursuant to the requirements of Article III.

(3)

Administrative appeals: The board shall also review any appeal of an administrative decision made by the department in administering this chapter.

(e)

Procedures for hearings.

(1)

The owner or the representative of the owner designated by a writing specifically authorizing an application in the owner's name shall make application on forms to be provided by the department.

(2)

The application for variance, administrative review, or special exception use permit shall set forth in sufficient detail to reasonably apprise the administrative personnel and the membership of the board of adjustment, or the city commission, if applicable, of the nature, extent, scope and purpose of the application. A variance application shall address the criteria contained in subsection (d)(1)a. of this article, and a special exception shall meet the application and criteria as enumerated in section 16-36.

(3)

The staff shall examine such application to determine whether all pertinent information has been provided.

(4)

The staff shall place the application on the agenda of a regularly scheduled meeting.

(5)

Sign on-site: Signage shall be placed on the property in accordance with the provisions of section 16-51.

(6)

After receiving all relevant information, the board of adjustment may make a recommendation on the application to staff. Any board recommendations will be made part of the staff report to the city commission. The board may table the application for one (1) meeting for good cause.

(7)

The city commission shall vote (by simple majority) to approve, approve with conditions or deny the application, after a hearing.

(f)

Notification and publication requirements.

(1)

Notification shall be required in accordance with the provisions of section 16-51.

(g)

Appeals from the city commission. Within thirty (30) days of a commission decision, any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any final decision of the city commission may seek review of such decision in the circuit court in and for Broward County, in the manner provided by state law. Failure to appeal within thirty (30) days shall result in the applicant waiving his right to appeal.

(h)

Application fee. An application fee shall be charged as established by the development code fee schedule.

(i)

Chairperson. Following the appointment of the members of the board of adjustment, in March of each year, the board shall convene and a chairperson shall be selected by a majority vote of the board members. The chairperson shall vote on all matters before the board and shall be counted for purposes of obtaining a quorum.

(j)

Vacancies.

(1)

Any member of the board of adjustment missing three (3) consecutive meetings or three (3) non-consecutive meetings in any calendar year shall be automatically dropped from the board and the appointing elected official shall be notified and shall make an appointment to fill the vacant position.

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-99-G, § 2, 7-27-99; Ord. No. 402-02-B, § 2, 4-9-02; Ord. No. 402-10-D, § 5, 7-13-10; Ord. No. 402-12-A, § 4, 2-28-12; Ord. No. 402-14-B, § 5, 1-14-14; Ord. No. 402-14-M, § 2, 12-9-14)

(a)

Membership.

(1)

There is hereby created for the city a planning and zoning board consisting of seven (7) members, who shall serve for a term of one (1) year and until their successors are qualified. Four (4) members present shall constitute a quorum which may conduct business.

(2)

The members of the planning and zoning board shall be appointed pursuant to sections 2-77 and 2-187. All of the provisions of Chapter 2, Article III, Division 1 of this Code shall apply to this board unless specifically exempted or excluded herein.

a.

[Reserved.]

b.

[Reserved.]

(b)

Duties and responsibilities.

(1)

The planning and zoning board may, at staff's request, review all proposed amendments to the Sunrise Zoning Map and this chapter, and make recommendations to the staff concerning said amendments. Any board recommendations will be made part of the staff report to the city commission.

(2)

The planning and zoning board shall review all proposed development orders or amendments to development orders for developments of regional impact (DRI) pursuant to F.S. Ch. 380.

(3)

The planning and zoning board shall review all site plans in accordance with the requirements of this chapter and may make such recommendations to the staff as it may deem appropriate. Any board recommendations will be made part of the staff report to the city commission.

(4)

The planning and zoning board is hereby designated the architectural review board for the City of Sunrise and shall review all architectural drawings submitted in conjunction with the site plan approval process, except revisions reviewed administratively under section 16-32, for consistency with the requirements of the city's land development regulations. The board may make such recommendations to the staff as it may deem appropriate. Any board recommendations will be made part of the staff report to the city commission.

(5)

The planning and zoning board shall review applications for any waivers to Article XIV, Signs, in accordance with the criteria set forth in section 16-262, and may approve, approve with modifications or conditions, or deny such applications.

(c)

Chairperson.

(1)

Following the appointment of the members of the planning and zoning board, the board shall convene in January and a chairperson shall be selected by a majority vote of the board members. The chairperson shall vote on all matters before the board shall be counted for purposes of obtaining a quorum.

(d)

Vacancies.

(1)

Any member of the planning and zoning board missing three (3) consecutive meetings or three (3) non-consecutive in any calendar year shall be automatically dropped from the board and the appointing elected official shall be notified and shall make an appointment to fill the vacant position.

(e)

[Reserved.]

(f)

Appeal of sign waiver to city commission. An appeal of a sign waiver decision may be made in accordance with subsection 16-262(b).

(Ord. No. 402-97-E, § 1, 8-26-97; Ord. No. 402-02-C, § 1, 5-14-02; Ord. No. 402-04-A, § 2, 1-13-04; Ord. No. 402-11-B, § 2, 3-8-11; Ord. No. 402-12-A, § 5, 2-28-12; Ord. No. 402-14-M, § 2, 12-9-14)

The following development applications shall be evaluated for conformance with the city's development standards:

Plats;

Site plans;

Master development plans;

Land use plan amendments;

Rezonings;

Special exceptions;

Variances.

Site plans shall be reviewed by the department plus representatives of the departments of public works, police, fire, utilities, and leisure services, as applicable.

(Ord. No. 402-97-E, § 1, 8-26-97)

(a)

At least fifteen (15) calendar days prior to the first scheduled quasi-judicial consent or quasi-judicial hearing before the city commission, the applicant shall place upon the property one (1) or more four-foot by four-foot (4′ × 4′) signs facing each of the road rights-of-way on which the property fronts. If the property does not front on to a road right-of-way, the sign(s) shall be placed on the property in such a manner as to give maximum exposure to the public.

(b)

Each sign shall be white faced and contain legible lettering, in a large black typeface, which is easily read by the public from the perimeter of the property. Said lettering shall indicate:

(1)

The type of application (land use plan amendment, rezoning, special exception, master plan, site plan, variance, etc.);

(2)

In the case of a land use plan amendment, the existing and proposed land use designations;

(3)

In the case of a rezoning (zoning map amendments), the existing and proposed zoning districts;

(4)

The date, time and location of hearing(s); and

(5)

A phone number for information.

(c)

The applicant shall certify that signage was posted on site in compliance with this section, and shall remove the sign(s) within seven (7) days after final disposition of the application by the city commission.

(d)

In the event any quasi-judicial consent or hearing item is tabled, the applicant shall amend all signs on the property at least seven (7) days prior to each scheduled quasi-judicial consent or hearing proceeding to show the new date, time and location of the hearing(s). The applicant shall certify that signage was posted on site in compliance with this section. The applicant shall remove the sign(s) within seven (7) days after final disposition of the application by the city commission. In the event the applicant does not timely amend the signs, the quasi-judicial consent or hearing item shall be tabled to the next regularly scheduled city commission meeting and the applicant shall amend the signs in accordance with this subsection.

(e)

Notification of surrounding property owners: For land development applications being presented for quasi-judicial consent or quasi-judicial hearing, notification will be provided to surrounding property owners:

(1)

The applicant shall provide a certified list of all property owners within five hundred (500) feet of the perimeter of the property that is the subject of the application.

(2)

The community development department will prepare a letter of notification including a description of the application, the location of the property, the date(s), time(s) and place(s) of public hearing(s) before the city commission, and information on where the public can review the application.

(3)

The letter of notification will further state that persons wishing to be considered affected parties, for the purpose of pulling a quasi-judicial consent item or participating in a quasi-judicial hearing, as provided in section 2-33 of City Code, shall notify the community development department no later than 4:30 pm on the last business day before the scheduled the hearing date.

(4)

The community development department will mail notifications by first class mail to property owners within five hundred (500) feet of the perimeter of the property which is subject of the application. Notification shall be post marked at least fifteen (15) days prior to the first date at which the application will be heard before the city commission. Staff is authorized to charge the applicant a reasonable fee for the city's cost of preparing and mailing notices.

(Ord. No. 402-10-D, § 6, 7-13-10; Ord. No. 402-13-C, § 2, 5-14-13; Ord. No. 402-13-I, § 2, 12-10-13; Ord. No. 402-14-B, § 6, 1-14-14; Ord. No. 402-16-B, § 3, 1-26-16)

In order to expedite the review of certain variances on existing, developed residential properties, the director of community development is authorized to review and approve variances for individual single-family, duplex and town home lots, where the director determines that the criteria established in subsection 16-48(d)(1)a. of this Code have been met by the applicant. Such administrative reviews shall require payment of a fee and shall be exempt from the requirements of section 16-51 of the Code. This administrative variance process shall not apply to undeveloped lots.

In granting such an administrative variance, the director may impose such conditions and restrictions upon the premises benefited by an administrative variance as may be necessary to comply with the standards set out in this section and to prevent or minimize adverse effects on other property in the neighborhood.

An administrative variance approved pursuant to this section shall only be effective for six (6) months, during which time an active city-issued permit must be issued consistent with the administrative variance. After six (6) months, in the absence of such an active city-issued permit, the administrative variance shall expire.

In the event that the director determines that approval of an administrative variance may be contrary to the public interest or fails to comply with the criteria set forth in subsection 16-48(d)(1)a. of the Code, the director shall require that the application be submitted to the board of adjustment and city commission for review, pursuant to the procedures set forth in section 16-48 of the Code, and the applicant shall be required to fully comply with requirements of section 16-51 of the Code. In this event, the applicant shall pay the variance application fee, as established in the community development department fee schedule, less a credit for the amount of the administrative variance fee paid.

(Ord. No. 402-12-C, § 2, 2-28-12)