Tamarac City Zoning Code

ARTICLE 5

- ADMINISTRATION

10-5.1 - Purpose and Organization.

This Article describes the procedures for review of all applications for land use and development activity in Tamarac.

(A)

§10-5.2, Summary Table of Development Review Procedures, lists the land use and development procedures in this Code.

(B)

§10-5.3, Common Review Procedures, describes standard procedures that generally apply to most types of development applications.

(C)

§10-5.4, Application—Specific Review Procedures, supplements the common review procedures with additions and variations specific to each type of development application, such as review standards and special submittal or voting requirements.

(D)

§10-5.5, Enforcement, identifies what constitutes a violation of this Code and sets forth procedures for enforcement, including remedies and penalties.

(E)

§10-5.6, Review Authorities, describes the powers and duties, composition, and rules for each of the City boards or other entities that have advisory and/or decision-making roles and responsibilities under this Code.

10-5.2 - Summary Table of Development Review Procedures.

The following table lists the types of development applications authorized by this Code. For each type of application, the table indicates whether a pre-application staff conference or neighborhood meeting is required, what role City review authorities play in its review, when a public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved.

Table 10-5.1: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide [ ] = Standard Public Hearing &lt?> = Quasi-Judicial Public Hearing
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Review Authorities
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Development Review Committee	Director	Planning Board	City Commission
Amendments
Comprehensive Plan Amendment -§10-5.4(B)	General	Required			R	[R]	[D]
Comprehensive Plan Amendment -§10-5.4(B)	Site-Specific	Required	Required		R	[R]	[D]
Establishment of Use—§10-5.4(C)		Required			R	[R]	[D]
Amendment to Text of Development Code—§10-5.4(D)		Required			R	[R]	[D]
Planned Development Plan/Agreement—§10-5.4(E)		Required	Required		R	[R]	[D]
Rezoning—§10-5.4(F)	General	Required			R	[R]	[D]
Rezoning—§10-5.4(F)	Site-Specific	Required	Required		R	<R>	<D>
Permits and Development Approvals
Special Exception—§10-5.4(G)					R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Major	Required	Required	C	R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Minor	Optional			D
Improvement Permit—§10-5.4(I)		Optional			D
Plat—§10-5.4(J)		Required		C	R	<R>	<D>
Temporary Use/Structure Permit—§10-5.4(K)		Optional			D
Sign Permit—§10-5.4(L)		Optional			D
Tree Removal License—§10-5.4(M)		See Broward County Tree Preservation and Abuse Ordinance
Building Permit—§10-5.4(N)		Optional			D
Certificate of Occupancy—§ 10-5.4(O)		Optional			D
Vacation of Easement		Optional					<D>
Relief Procedures
Administrative Adjustment—§10-5.4(P)		Required			D
Variance -§10-5.4(Q)		Required			R	<R>	<D>
Administrative Appeal—§10-5.4(R)		N/A				<D>
Other Procedures
Flex and Redevelopment Units and Acreage—§10-5.4(S)		Required			R	[R]	[D]
Newsrack Certificate of Compliance—§10-5.4(T)		Optional			D
Zoning in Progress Determination—§10-5.4(U)		Optional			R		D

(Ord. No. O-2021-020, § 4, 5-12-21; Ord. No. 2022-003, § 3, 3-23-22)

10-5.3 - Common Review Procedures

(A)

Purpose. This section describes the common procedural steps and other rules that generally apply to development applications reviewed under this Code, unless otherwise expressly exempted or alternative procedures are specified in §10-5.4, Application—Specific Review Procedures.

(B)

Pre-Application Staff Conference

(1)

Purpose. The purpose of a pre-application conference is to provide an opportunity for an applicant and City staff to review applicable submittal requirements, procedures, and schedules; discuss the scope, features, and potential impacts of the proposed development as they relate to the standards in this Code; and identify primary contacts for the applicant and City staff.

(2)

When Required. A pre-application conference between the applicant and City staff is mandatory for certain particular application types as shown in Table 10-5.1: Summary of Development Review Procedures. A pre-application conference is optional for all other application types as shown in Table 10-5.1: Summary of Development Review Procedures.

(3)

Procedure. If a pre-application conference is held, whether it is mandatory or optional, it shall be scheduled and conducted in accordance with the following procedural provisions.

(a)

Request. An applicant shall submit a request for a pre-application conference to the Director.

(b)

Scheduling. On receiving a request for a pre-application conference, the Director shall schedule the pre-application conference with appropriate City staff members and notify the applicant of the time and place of the conference.

(c)

Required Information Submitted Prior to Conference. For those types of development required to hold a pre-application conference per Table 10-5.1: Summary of Development Review Procedures, the following information shall be submitted prior to the conference:

(i)

Amendments. At least two business days before a scheduled pre-application conference for an Amendment to Text of Development Code or Rezoning application, the applicant shall submit to the Director a written description of the nature and purpose of the amendment or rezoning and its consistency with the Comprehensive Plan.

(ii)

Permits and Development Approvals, Relief Procedures, and Other Procedures. At least two business days before a scheduled pre-application conference for any other development application, the applicant shall submit to the Director conceptual plan drawings showing and describing the location, general layout, and main elements of the proposed development.

(d)

Conference Determinations. City staff attending the pre-application conference shall verbally identify concerns, problems, or other factors the applicant should consider about the application and the scope, features, and potential impacts of the proposed development as they relate to compliance with this Code, including the need for other approvals and the opportunity or need for approval of deviations from Code standards through an Administrative Adjustment or Variance.

(4)

Effect. The pre-application conference is intended as a means of facilitating the review process. Discussions held in accordance with this Section are not binding on the City or the applicant. Processing times for review of development applications do not begin until a formal application is submitted and accepted for review.

(C)

Pre-Application Neighborhood Meeting

(1)

Purpose. The purpose of the neighborhood meeting is to educate owners and occupants of nearby lands about an application that is being reviewed under this Code and to provide the applicant an opportunity to hear comments and concerns about the development proposal and resolve conflicts and outstanding issues where possible.

(2)

Applicability. A neighborhood meeting is required for a particular application type as shown in Table 10-5.1: Summary of Development Review Procedures. A neighborhood meeting is optional for all other application types.

(3)

Procedure. If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it shall comply with the following procedures:

(a)

Time and Place

(i)

The meeting shall be held after 5:00 P.M. on a weekday, on a date after the pre-application staff conference, and at least 21 days before the public hearing for the application.

(ii)

The meeting shall be held at a place within the City that is convenient and accessible to neighbors residing in close proximity to the land subject to the application in a facility that can support all interested parties.

(b)

Notification

(i)

Mailed Notice

The applicant shall mail notice of the meeting a minimum of ten days in advance of the meeting to City staff, the owner of land subject to the application (if different from the applicant), and any organization or person who has registered to receive notice of development application public hearings, and the owners of real property within:

400 feet of the land subject to the application, for applications for a General Zoning District Map Amendment, Site-Specific Zoning District Map Amendment, Comprehensive Plan Amendment, Planned Development, or Special Use Permit; or

150 feet of the land subject to the application, for all other applications.

Where neighboring lands are part of a townhouse, condominium, or timeshare development, the notice may be mailed to the president or manager of the development's property owners' association instead of individual unit owners.

(ii)

Posted Notice. The applicant shall post notice of the neighborhood meeting on the land subject to an application for a development permit, and in the clubhouse or offices of the adjacent homeowners association(s) as applicable, at least ten days before the date fixed for the meeting, in a form established by City staff.

(iii)

Notice Content. The notice shall state the time and place of the meeting, the general nature of the development proposal, and that the meeting is being hosted by the applicant.

(c)

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

(d)

Staff Attendance. At the applicant's expense, City staff, at their own discretion, may attend the meeting for the purpose of advising attendees about applicable provisions of this Code and the Comprehensive Plan, but shall not serve as facilitators or become involved in discussions about the development proposal.

(e)

Written Summary of Neighborhood Meeting. The applicant shall submit a written summary of the meeting to City staff at least 21 days before the application is reviewed by an advisory board or a decision-making board (if no advisory board review is involved). The summary shall include a list of meeting attendees, a summary of attendee comments, discussed issues related to the development proposal, note of the opportunity to submit a written response to the summary, and any other information the applicant deems appropriate. The meeting summary shall be included with the application materials and be made available to the public for inspection.

(D)

Application Submittal, Acceptance, Revisions, and Withdrawal

(1)

Authority to Submit Applications

(a)

Unless expressly stated otherwise in this Code, applications reviewed under this Code shall be submitted by:

(i)

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

(ii)

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

(b)

If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or provide a letter or document consenting to the application in accordance with subsection (a)(ii) above.

(2)

Application Content. Applications shall be submitted to the Director on forms for the particular application type. Such requirements shall be established by the Director as necessary to ensure effective and efficient review, and shall be placed in the Administrative Manual. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance with all applicable standards.

(3)

Application Fees

(a)

Applications shall be accompanied by payment of the application fee required for the particular application type at the time of submission. The amount of application fees shall be established by resolution of the City Commission as sufficient to cover all costs typically associated with review of the type of application—including, but not be limited to, the costs of providing thorough professional review of the application and the costs of providing required public notice.

(b)

Where initial application fees are based on the estimated costs of review of the application by an outside consultant (e.g., review of an application's traffic impacts by a traffic consultant), and the Director determines that additional funds are needed to complete the consultant's review, the Director may impose additional application fees to recover the City's actual costs in completing review.

(4)

Submittal and Review Schedule. The Director shall establish a submittal and review schedule for the development applications included in the Administrative Manual. The Director may amend and update the schedule as necessary.

(5)

Determination of Application Completeness

(a)

Completeness Review. On receiving a development application, the Director shall determine whether the application is complete. A complete application is one that:

(i)

Contains all information and materials required by the Administrative Manual and this Code for submittal of the particular development application, and in sufficient detail and readability to evaluate the application for compliance with applicable review standards of this Code;

(ii)

Is in the form required by the Administrative Manual for submittal of the particular development application; and

(iii)

Is accompanied by the fee established for the particular development application.

(b)

Application Incomplete

(i)

On determining that the development application is incomplete, the Director shall notify the applicant of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for a completeness determination until the Director determines the application is complete.

(ii)

If the applicant fails to resubmit an application within 45 calendar days after being notified of submittal deficiencies, the application submittal shall be considered abandoned and any processing fees that have not been expended may be refunded.

(iii)

No development application shall be accepted for review until it is determined to be complete.

(c)

Application Complete. On determining that the application is complete, the Director shall accept the application for review in accordance with the procedures and standards of this Code.

(6)

Application Revisions

(a)

Revisions to Correct Compliance Deficiencies. An applicant may revise a development application after receiving notice of compliance deficiencies following staff review (see §10-5.3(E)(2)).

(i)

Minor Revisions. The review process shall continue so long as the revisions directly respond to specific staff comments and constitute, at the discretion of the Director, only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application.

(ii)

Major Revisions. If the Director determines that revisions to correct compliance deficiencies do not constitute minor revisions as described above, the revised application shall be submitted to the Director and reviewed as if it were a new application. The revised application submittal may be subject to additional fees required by the Administrative Manual.

(b)

Other Revisions. An applicant may revise a development application at any time upon requesting and receiving permission from an advisory or decision-making body after that body has reviewed, but not yet taken action on, the application. If the revisions are determined by the Director to be major, the revised application submittal shall be reviewed as if it were a new application and may be subject to additional fees required by the Administrative Manual.

(c)

Change in Applicant. Any change in applicant or person authorized to submit the application shall provide written notification in the form of a notarized letter or document signed by the owner, contract purchaser, or other person to the City before the application may advance to the next stage in the process.

(7)

Application Withdrawal

(a)

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written letter of withdrawal to the City Engineer.

(b)

If an application is withdrawn after required notice of any public hearing scheduled for the application, the application shall be subject to limitations on the subsequent submittal of similar applications (See §10-5.3(J)(5), Limitation on Subsequent Similar Applications).

(c)

Application fees shall not be refunded for withdrawn applications.

(E)

Staff Review and Action

(1)

Referral of Application to Development Review Committee, Staff, and Review Agencies. If a development application is subject to review and comment by the Development Review Committee (see Table 10-5.1: Summary of Development Review Procedures), the Director shall refer the application to the Committee for review.

(a)

In all other cases, the Director shall refer the application to the appropriate Development Review Committee members and other agencies deemed appropriate for review of the application.

(2)

Staff Review and Opportunity for Application Revision

(a)

Prior to preparing a staff memorandum or making a decision on a development application, the Director shall review the application, relevant support material, and any comments from the Development Review Committee and other agencies to which the application was referred.

(b)

If deficiencies in complying with the applicable requirements are identified, the Director shall notify the applicant of such deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them. The Director may also offer the applicant recommendations regarding possible improvements to the proposed development that are not required by this Code, provided the notice distinguishes such recommendations from any identified compliance deficiencies.

(c)

The applicant shall respond to the notice by either requesting that the application be processed as submitted or submitting a revised application identifying changes after being notified of compliance deficiencies. If the applicant fails to so respond to the notice within this time period granted by the Director, the application shall be considered withdrawn.

(d)

If the applicant submits a revised application, the Director shall refer the application to the appropriate City staff members and review agencies for review and shall review any such comments received. At the discretion of the Director, the applicant may be provided the opportunity to revise the application further to address remaining compliance deficiencies.

(3)

Applications Subject to Staff Recommendation

(a)

Staff Memorandum. If a development application is subject to staff review and a staff recommendation to the Planning Board or City Commission (see Table 10-5.1: Summary of Development Review Procedures), the Director shall prepare a written staff memorandum. The staff memorandum shall conclude whether the application complies with all applicable standards of this Code and recommend one of the decisions authorized for the particular type of application, based on the review standards applicable to the application type, as set forth in §10-5.4, Application—Specific Review Procedures. The staff memorandum may identify and recommend conditions of approval addressing how compliance deficiencies might be corrected and adverse effects of the development proposal might be mitigated.

(b)

Distribution and Availability of Application and Staff Memorandum. Within a reasonable time period before the meeting at which a development application is scheduled for review by an advisory or decision-making body, the Director shall:

(i)

Schedule and verify any required public notice of the meeting in accordance with §10-5.3(F), Scheduling and Notice of Public Hearings.

(ii)

Transmit the development application, related materials, and the staff memorandum to the appropriate advisory or decision-making body;

(iii)

Transmit a copy of the staff memorandum to the applicant; and

(iv)

Make the application, related materials, and the staff memorandum available for examination by the public during normal business hours, and make copies of such materials available at a reasonable cost.

(4)

Applications Subject to Staff Decision

(a)

Decision. If a development application is subject to staff review and a final decision by the Director (see Table 10-5.1: Summary of Development Review Procedures), the Director shall make a decision authorized for the particular type of application based on the review standards applicable to the application type, as set forth in §10-5.4, Application—Specific Review Procedures. The decision shall be in writing and shall clearly state reasoning for a denial or for conditions of approval.

(b)

Conditions of Approval. Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Code, and shall relate in both type and scope to the anticipated impacts of the proposed development.

(F)

Scheduling and Notice of Public Hearings

(1)

Scheduling

(a)

If a development application is subject to a public hearing (see Table 10-5.1: Summary of Development Review Procedures), the Director shall ensure that the public hearing is scheduled for either a regular meeting of the body conducting the hearing or a meeting specially called for that purpose by such body.

(b)

The public hearing shall be scheduled for a meeting that allows sufficient time for preparation of a staff memorandum and provision of the required public notice.

(2)

General Notice Requirements. The Director shall provide notice of the public hearing on a development application in accordance with the requirements shown in Table 10-5.2: General Notice Requirements, for the type of application and the type of notice. The table depicts only those development applications for which a public hearing is required.

Table 10-5.2: General Notice Requirements
Application Type	Notice Timing Requirement
Application Type	Published Notices	Mailed Notices	Posted Notices
Comprehensive Plan Amendment: Small-Scale Development	Notice of City Commission public hearing at least 5 days before hearing date
Comprehensive Plan Amendment: Other than Small-Scale Development	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Establishment of Use	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Amendment to Text of Development Code to revise text other than the use tables in Article 3: Use Regulations	Notice of City Commission public hearing at least 10 days before hearing date
Amendment to Text of Development Code to revise use tables in Article 3: Use Regulations	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Planned Development Plan/Agreement	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed PD rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed PD rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
City-initiated General or Site-Specific Rezoning to reclassify 10 or more contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	• Mail notice of Planning Board public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning • Mail notice of City Commission public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning	• Post notice of Planning Board public hearing on site at least 15 days before hearing date • Post notice of first City Commission public hearing on site at least 15 calendar days before hearing date
City-initiated General or Site-Specific Rezoning to reclassify parcel(s) involving less than 10 contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
General or Site-Specific Rezoning initiated by any person other than the City	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Special Exception	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Site Plan Approval, Major	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Plat Approval	• Notice of Planning Board public hearing at least 7 days before hearing date • Notice of City Commission public hearing at least 5 days before hearing date
Vacation of Public Easement	• Notice of City Commission public hearing at least 15 days before hearing date
Variance or Appeal, as applicable	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	For applications for a variance or an appeal that pertains to a particular site, the applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	For applications for a variance or an appeal that pertains to a particular site, the applicant shall post notice of the Planning Board and City Commission public hearings on the site at least 15 days before the hearing dates
Flex and Redevelopment Units	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date

(3)

Notice Format and Content

(a)

Published and Mailed Notices

(i)

The Director shall determine the format and content of notices to be published and mailed.

(ii)

Required published and mail notices shall, at a minimum:

Identify the application type;

Describe the nature and scope of the proposed development or action;

Identify the location of land subject to the application;

Identify the date, time, and location of the hearing being noticed;

Identify where and when the application may be inspected by the public;

Advise that interested parties may appear at the hearing; and

Comply with any other notice content requirements established by State law.

(iii)

Published notices shall be published in a newspaper having general circulation in the city, and shall comply with the size and format requirements in F.S. §166.041.

(iv)

Mailed notices shall be mailed via first class mail to those persons identified in Table 10-5.2: General Notice Requirements as the required recipients for the particular type of application, including apartment units. Unless evidence to the contrary exists, property owner names and addresses used shall be those shown on the current records of the Broward County tax appraiser. Distances defining the properties whose owners must be mailed a notice shall be measured from the boundary of the lot or parcel that is the subject of the application.

(b)

Posted Notices

(i)

The Director shall determine the size, format, and content of notices to be posted. Such notices shall be posted on along each of the application site's right-of-way frontages, in a location clearly visible to traffic along the right-of-way. The person required to post the notice shall ensure that the notice is maintained in place until after a final City decision on the subject application is rendered, and shall remove the posted notice within 14 days after the final City decision on the application.

(ii)

Required posted notices shall, at a minimum:

Identify the application type;

Identify the date, time, and location of the meeting being noticed;

Identify a telephone number from which more information may be obtained; and

Comply with any other notice content requirements established by State law.

(c)

Additional Content for Quasi-Judicial Hearing Notices. If the hearing is a quasi-judicial hearing (see Table 10-5.1: Summary of Development Review Procedures), the published and mailed notice shall also state that all affected persons are allowed to present evidence at the hearing, bring forth witnesses, and cross examine witnesses—provided they comply with the requirements in §10-5.3(I)(2)(a), Notice of Intent to Testify or Present Evidence.

(d)

Affidavit of Notice. The person or persons required to provide notice shall sign an affidavit that proper notice has been provided in fact. Such certificate shall be deemed conclusive in the absence of fraud.

(4)

Requests to Defer Scheduled and Noticed Hearings. An applicant may request that review of a development application scheduled for a hearing before the Planning Board or City Commission be deferred in accordance with the following provisions.

(a)

Before any mailed notices of the hearing are mailed and final arrangements for any published notice of the hearing are made, a written request for deferral that states the reasons for deferral may be submitted to the Director, who may grant the request for good cause shown.

(b)

Any subsequent request for deferral shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The Planning Board or City Commission, as appropriate, shall consider such a request and may either grant the request for good cause shown or deny the request and proceed to hear public comments, review, and take action on the application. If the Board or Commission grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comments and review. The application may be subject to additional application fees to defray additional costs of processing the application.

(5)

Registering to Receive Notice. Any organization or person wishing to receive notice of development application public hearings shall register with the City Clerk. Registration may take up to 15 business days to process.

(6)

Registering to Testify or Present Evidence. At least seven days prior to the public hearing date(s), any affected party (e.g. the applicant or other affected persons) intending to testify or present evidence at the hearing may register with the City Clerk per the notice requirements within subsection 10-5.3(I)(2)(a) below.

(G)

Planning Board Review and Action

(1)

Hearing, Review, and Action. If a development application is subject to a recommendation by the Planning Board (see Table 10-5.1: Summary of Development Review Procedures), the Planning Board shall review and act on the application in accordance with the following procedures.

(a)

If the application is subject to a public hearing, the Planning Board shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

The Planning Board shall then consider the application, relevant support materials, staff memorandum, and any public comments made at the public hearing and recommend a decision authorized for the type of development application, based on the review standards applicable to the application type set forth in §10-5.4, Application—Specific Review Procedures.

(c)

The Board shall clearly state the factors considered in making its recommendation, as well as the basis or rationale for the recommendation.

(d)

If the review involves a quasi-judicial hearing, the Board's recommendation shall be based only on the record of the public hearing and shall be in writing; include findings of fact based on competent, material, and substantial evidence presented at the hearing; reflect the determination of contested facts; and state how the findings support compliance with applicable review standards.

(e)

The Board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(f)

Staff, in consultation with the City Attorney, shall prepare a Board Order that is consistent with the Board's determination.

(2)

Revision of Application

(a)

After the Planning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or the Planning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

(b)

Any other revisions to the application may be submitted, but the revised application shall be submitted to the Director and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs as identified in the Administrative Manual.

(H)

City Commission Review and Decision

(1)

Hearing, Review, and Decision. If a development application is subject to a final decision by the City Commission (see Table 10-5.1: Summary of Development Review Procedures), the City Commission shall review and act on the application in accordance with the following procedures.

(a)

If the application is subject to a public hearing, the City Commission shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

The City Commission shall then consider the application, relevant support materials, staff memorandum, the recommendation from the Planning Board (where applicable), and any comments made at a public hearing, and shall render a decision authorized for the type of development application, based on the review standards applicable to the application type, as set forth in §10-5.4, Application—Specific Review Procedures.

(c)

The City Commission shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision.

(d)

If the review involves a quasi-judicial hearing, the decision shall be based only on the record of the public hearing and shall be in written form, include findings of fact based on competent, material, and substantial evidence presented at the hearing(s), reflect the determination of contested facts, and state how the findings support compliance with applicable review standards.

(e)

The Commission shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(2)

Conditions of Approval. Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development.

(3)

Ex-Parte Communications Allowed. If the development application being heard requires a quasi-judicial hearing (see Table 10-5.1: Summary of Development Review Procedures), a person may not be precluded from communicating directly with a member of the decision-making body about the application. However, the member of the decision-making body is required to disclose such communication, and any nondisclosure shall be presumed prejudicial to the decision-making body's decision on the application. All decisions must be supported by substantial, competent, and material evidence in the public hearing record, irrespective of such communications.

(4)

Revision of Application

(a)

After the City Commission has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Commission may grant such a request on condition that revisions shall be limited changes that directly respond to specific requests or suggestions made by the staff or Commission, as appropriate, and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes, to the development proposed by the application.

(b)

(I)

Public Hearing Procedures

(1)

General. If the application is subject to a public hearing (see Table 10-5.1: Summary of Development Review Procedures), the Planning Board or City Commission, as appropriate, shall hold a hearing on the application in accordance with the following procedures:

(a)

On being properly recognized by the person chairing the hearing, any person may appear at the public hearing, either individually or as a representative of an organization, and submit documents, materials, and other written or oral testimony in support of or in opposition to the application.

(b)

Before start of the meeting, persons intending to speak at the public comment session shall register to speak, providing their name, home or business address, and if appearing on behalf of an organization, the name and mailing address of the organization. Persons actually speaking at the session shall begin by identifying themselves.

(c)

The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

(d)

The Board or Commission may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

(e)

The proceedings of the hearing shall be recorded by any appropriate means. If a sound recording is made, any person shall be entitled to listen to the recording or make copies, at that person's expense, in the Department of Community Development (for hearings conducted by the Planning Board) or in the offices of the City Clerk (for hearings conducted by the City Commission).

(2)

Quasi-Judicial Hearings. If the application being heard requires a quasi-judicial hearing (see Table 10-5.1: Summary of Development Review Procedures), the hearing shall be subject to the following additional procedures.

(a)

Notice of Intent to Testify or Present Evidence. At least seven days before the hearing date, any affected party (not including the applicant and City staff) intending to testify or present evidence at the hearing may complete and submit to the City Clerk forms containing the following information, which shall serve as notice of the affected party's intent to appear at the hearing to testify, present evidence, bring forth witnesses, or cross-examine witnesses:

(i)

The affected party's name, address, and telephone number;

(ii)

An indication of how the affected party qualifies as an affected party;

(iii)

An indication of whether the affected party is for or against the application;

(iv)

The name, address, and telephone number of all witnesses expected to testify on behalf the affected party at the hearing; and

(v)

Copies of all documents, correspondence, memoranda, or other evidence the affected party intends to present at the hearing.

(b)

Order of Proceedings. To the extent possible, the following shall be the order of the proceedings:

(i)

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing and announce the matter to be heard and the rules concerning the admissibility of evidence.

(ii)

Swearing In or Affirmation of Witnesses. All persons who will testify at the hearing shall be sworn in or affirmed.

(iii)

Staff Presentation. City staff shall provide a brief introductory narrative or graphic description of the application and present the staff memorandum (see §10-5.3(E)(3)(a)) and any prior Planning Board findings and recommendations (see §10-5.3(G)), including supporting exhibits or testimony of witnesses. After each witness's presentation, the witness may be asked questions by members of the body conducting the hearing, then by the applicant and other affected persons.

(iv)

Applicant Presentation. The applicant (or the applicant's representatives) shall present any information the applicant deems appropriate, including any supporting exhibits or testimony of witnesses. After each witness's presentation, the witness may be asked questions by members of the body conducting the hearing, then by City staff and affected persons.

(v)

Affected Persons' Presentations. Affected persons may present any information the affected person deems appropriate, including any supporting exhibits or testimony of witnesses. After each witness's presentation, the witness may be asked questions by members of the body conducting the hearing, then by City staff and the applicant.

(vi)

Public Comments. Any person other the applicant or affected persons may be allowed to speak in support of or in opposition to the application.

(vii)

Response to Presentations

The applicant may respond to any testimony, documents, or materials presented by City staff, affected persons, or the public.

Affected parties may respond to any testimony, documents, or materials presented by City staff, the applicant, or the public.

City staff may respond to any testimony, documents, or materials presented by the applicant, affected persons, or the public.

(viii)

Conclusions. Affected persons, the applicant, and City staff may present brief conclusionary statements.

(ix)

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing. No further testimony shall be taken and no further questions may be asked of witnesses.

(c)

Evidence

(i)

The body conducting the hearing may admit and consider all testimony and evidence it deems competent and material to the application, and may refuse to hear or exclude testimony or evidence it determines to be irrelevant, unreliable, or unduly repetitious.

(ii)

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient by itself to support a finding.

(iii)

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

(iv)

Statements of counsel shall only be considered as argument and not be considered as testimony.

(v)

The City Attorney shall represent the Planning Board or City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney in a timely fashion.

(vi)

The applicant bears the burden of demonstrating that the application complies with applicable standards of this Code, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.

(d)

Cross-Examination. Persons questioning a witness may not make statements, and may only ask questions directly related to the testimony or evidence presented. Counsel for parties shall not be subject to cross-examination.

(e)

Public Hearing Record. The public hearing record shall include the application, staff memorandum, this Code, all testimony offered at the hearing, and all written materials concerning the application presented or entered into the record at the hearing.

(J)

Post-Decision Actions and Limitations

(1)

Notice of Decision

(a)

Within ten calendar days after a final decision on a development application, the Director shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public in the Department of Community Development during normal business hours. In the case of site plan approval, the written copy of decision may advise that the site plan needs minor modification through staff review for ultimate approval.

(b)

If the review involves a quasi-judicial hearing, the Director shall, within ten days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of application site, to any affected party who submitted a notice of intent to testify or present evidence under §10-5.3(I)(2)(a), Notice of Intent to Testify or Present Evidence, and any other person has submitted a written request for a copy of the decision before its effective date. The Director shall also certify that the copy of the decision has been provided.

(2)

Appeal

(a)

A party aggrieved or adversely affected by any decision of the Planning Board or City Commission for which no further administrative review is provided by this Code may seek review of the decision in the courts in accordance with applicable State law, provided that the appeal shall be filed with the clerk of the circuit court in accordance with State law within 30 days.

(b)

A party aggrieved by final administrative decisions may appeal the decision in accordance with the procedures and standards in §10-5.4(R), Administrative Appeal.

(3)

Effect of Approval

(a)

Authorized Activity

(i)

Approval of any development application in accordance with this Code authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application.

(ii)

If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a site plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application.

(b)

Expiration of Approval

(i)

General

A development application approval shall be valid as authorization for the approved activity unless it expires in accordance with expiration time periods provided in §10-5.4, Application—Specific Review Procedures, for the particular type of application.

A change in ownership of the land shall not affect the established expiration time period of an approval.

(ii)

Extension of Expiration Time Period. Except as otherwise provided in 10-5.4, Application—Specific Review Procedures, for the particular type of application, the City Engineer may grant extensions of the expiration time period for the lesser of the original time period or one year, on receiving a written request for extension before the expiration date and on a showing of good cause. Any further extensions shall be subject to approval by the authority that approved the development application, on submittal of a written request to the Director before the current expiration date and a showing of good cause.

(4)

Modification or Amendment of Approval. Unless otherwise provided in §10-5.4, Application—Specific Review Procedures, for the particular type of application, any modifications of approved plans or conditions of approval shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application.

(5)

Limitation on Subsequent Similar Applications

(a)

Prior Application Withdrawal. If an application requiring a public hearing is withdrawn after provision of or final arrangement for required notice of the public hearing (see §10-5.3(D)(7), Application Withdrawal), no application proposing the same or similar development on all or part of the same land shall be submitted within six months after the date of the withdrawal.

(b)

Prior Application Denial

(i)

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

(ii)

The owner of land subject to the time limit provided in provision (i) above, or the owner's authorized agent, may submit a written request for waiver of the time limit, along with a fee to defray the cost of processing the request, to the Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only if two-thirds of its membership finds that the owner or agent has demonstrated that:

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

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

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

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

(Ord. No. O-2021-020, §§ 5, 6, 5-12-21)

10-5.4 - Application—Specific Review Procedures

(A)

General. This section sets forth supplemental procedures, standards, and related information for each development application reviewed under this Code, as listed in Table 10-5.1: Summary of Development Review Procedures. Each procedure is described by referencing the common review procedures in §10-5.3, Common Review Procedures, including any variations of or additions to the common procedures.

(B)

Comprehensive Plan Amendment

(1)

Applicability

(a)

The procedures and standards in this subsection apply to the review of any proposal to revise the text of the Comprehensive Plan or for a general or site-specific amendment of the land use classification applicable to land.

(b)

As described in F.S. § 163.3187, site-specific Comprehensive Plan Amendments are considered small-scale when the proposed amendment involves a use of fifty acres or fewer and does not involve a text change to the goals, policies, and objectives of the City's Comprehensive Plan. Text changes that relate directly to, and are adopted simultaneously with, a site-specific, small-scale future land use map amendment shall be permissible.

(2)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Comprehensive Plan Amendment applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. If the application is for a site-specific Comprehensive Plan Amendment, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

An application for a general Comprehensive Plan Amendment may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

An application for a site-specific Comprehensive Plan amendment may be initiated by the Director (upon referral from City staff, the Planning Board, or the City Commission), the applicant for a concurrent site-specific Rezoning application for the same land, or any other person who may submit applications under §10-5.3(D)(1), Authority to Submit Applications.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(g)

City Commission Review and Decision

(i)

If the application is for a small-scale amendment, the City Commission shall review the application, hold a public hearing in accordance with §10-5.3(I), and decide the application in accordance with section §(H). Small-scale development amendments require only one public hearing.

(ii)

If the application is for a Comprehensive Plan Amendment not classified as a small-scale amendment, the City Commission shall review the application, hold an initial public hearing in accordance with §10-5.3(I), and preliminarily approve or deny the application in accordance with §10-5.3(H). In accordance with F.S. § 163.3184, an approval shall be preliminary, pending review and comment on the proposed amendment by reviewing agencies and the public and a report by the State land planning agency. After receiving the State land planning agency's report, the City Commission shall hold a second public hearing on the application and decide the application in accordance with §10-5.3(H).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment that reclassifies the area proposed to be reclassified to a more restrictive classification;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(iv)

In accordance with State law, an adopted Comprehensive Plan Amendment is subject to a final review by the State land planning agency and its acceptance of the amendment as compliant with State law.

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Appeal. The compliance of an adopted Comprehensive Plan Amendment with State law may be challenged by any affected person or the State land planning agency in accordance with F.S. §163.3184 and 3187.

(ii)

Effect of Approval. Approval of a Comprehensive Plan Amendment and acceptance by the State land planning agency authorizes the approved revisions to the Comprehensive Plan and development of any proposed LDC amendments necessary to implement the Comprehensive Plan as amended. Such approval does not itself authorize specific development activity. All development in the city occurring subsequent to the effective date of an amendment shall be consistent with the Comprehensive Plan as amended.

(iii)

Expiration of Approval. A Comprehensive Plan Amendment does not expire, but shall remain valid unless and until the revised Comprehensive Plan is subsequently amended in accordance with this subsection's Comprehensive Plan Amendment procedure.

(3)

Review Standards. Amending the Comprehensive Plan is a matter committed to the legislative discretion of the City Commission In deciding the application, the City Commission shall consider and weigh the relevance of and consider whether and the extent to which the proposed amendment is necessary in order to address conditions including, but not limited to, the following:

(a)

A change in projections or assumptions from those on which the Comprehensive Plan is based: Are public facilities and services available for the proposed use.

(b)

Is the plan amendment suitable for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources of the site;

(c)

Is the plan amendment the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan;

(d)

A change in the policies, objectives, principles, or standards governing the physical development of the City or any other geographic areas addressed by the Comprehensive Plan; or

(e)

Identification of errors or omissions in the Comprehensive Plan.

(C)

Establishment of Use

(1)

Applicability. This subsection applies to the establishment of uses not currently listed or addressed within this Code.

(2)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Code Text Amendment applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E). When considering an unlisted use in any zoning district as part of an interpretation, the Director shall also determine whether additional use-specific standards are necessary.

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a standard public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

Any determination shall be made available to the public and shall be binding on future decisions of the City until the City Commission makes a different interpretation or this Code is amended to treat the use differently.

(iii)

The decision shall be one of the following:

Adopt the use as proposed;

Adopt a revised use (which may require a new public hearing);

Deny the establishment of use; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of an Establishment of Use authorizes the approved revisions to the text of this Code. Such approval does not itself authorize specific development activity.

(ii)

Expiration of Approval. An Establishment of Use determination does not expire, but shall remain valid unless and until the revised text of this Code is subsequently amended in accordance with this Article's Amendment to Text of Development Code procedure.

(iii)

Amendment to Text of Development Code. On interpreting an unlisted use or structure as allowed in a zoning district, and finding that the use or structure is likely to be common or would lead to confusion if it remains unlisted, the Director may initiate an application for a text amendment to this Code in accordance with §10-5.4(D), Amendment to Text of Development Code, to list the use or structure in Table 10-3.1 Allowed Uses, as a permitted use or special exception use, as appropriate. Until final action is taken on the amendment application, the interpretation of the City Commission shall be binding.

(3)

Review Standards. In making an Establishment of Use interpretation, the City Commission shall consider its potential impacts, including but not limited to:

(a)

The nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage;

(b)

Anticipated employment;

(c)

Transportation requirements;

(d)

The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and

(e)

The general requirements for public utilities such as water and sanitary sewer.

(D)

Amendment to Text of Development Code

(1)

Applicability. The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Code.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a standard public hearing, and decide the application in accordance with §10-5.3(H), except that the City Commission shall hold two standard public hearings if the amendment proposes to revise the use tables in Article 10-4: Use Regulations.

(ii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment (which may require a new public hearing);

Deny the amendment; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of an Amendment to Text of Development Code authorizes the approved revisions to the text of this Code. Such approval does not itself authorize specific development activity.

(ii)

Expiration of Approval. An Amendment to Text of Development Code does not expire, but shall remain valid unless and until the revised text of this Code is subsequently amended in accordance with this subsection.

(3)

Review Standards. Amending the text of this Code is a matter committed to the legislative discretion of the City Commission In deciding the application, the City Commission shall consider and weigh the relevance of and consider whether and the extent to which the proposed amendment:

(a)

Is consistent with the Comprehensive Plan;

(b)

Conflicts with any other provisions of this Code or the Tamarac City Code;

(c)

Is required by changed conditions;

(d)

Addresses a demonstrated community need;

(e)

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

(f)

Would result in a logical and orderly development pattern; and

(g)

Would avoid significantly adverse impacts on the natural environment—including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.

(E)

Rezoning to Planned Development District

(1)

Applicability

(a)

Planned developments are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed-use, pedestrian-oriented, and otherwise higher-quality development, as well as community benefits and amenities, than could be achieved through base zoning district regulations.

(b)

The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to the Planned Development (PD) zoning district established in Article 2.

(c)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Planned Development (PD) District Rezoning applications and note any specific variations of, or additions to, those review steps.

(d)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(e)

Pre-Application Neighborhood Meeting. For all PD District Rezonings, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(f)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that applications may be initiated only by the owner(s) of all property included in the proposed PD District to ensure unified control and shall include the following:

(i)

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

(ii)

A PD Agreement that specifies terms and conditions defining development parameters, provides for environmental mitigation, outlines how public facilities will be provided to serve the planned development, and provides for management and maintenance of development; and

(iii)

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

(g)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(h)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(i)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(j)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H), except that the City Commission shall hold two public hearings if the application is initiated by the Director and proposes to rezone ten or more contiguous acres.

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be designated;

Deny the amendment; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(k)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

Approval of a Planned Development authorizes the approved revisions to the Zoning Map. Lands rezoned to a PD district shall be subject to the approved PD Plan/Agreement. The PD Plan/Agreement is binding on the land as an amendment to the Official Zoning Map.

The PD Plan/Agreement shall be binding on the landowners, their successors, and assigns, and shall constitute the development regulations for the land.

Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan/Agreement.

The applicant may apply for and obtain subsequent improvement permits necessary to implement the PD Plan/Agreement in accordance with the appropriate procedures and standards set forth in this Code. Any development permits shall be in substantial compliance with the PD Plan/Agreement.

(ii)

Expiration of Approval. The PD Plan/Agreement shall automatically expire if an application for. Site Plan Approval (§10-5.4(H)) for any part of the development shown on the approved PD Plan or covered under the PD Agreement is not submitted within one year after approval of the Planned Development, or an extension of this time period is authorized by the Director. Extension requests shall be provided to the Director in writing no later than 60 days prior to the one year expiration date.

(iii)

Recordation. The Director shall record the adopting ordinance and the PD Plan/Agreement with the Broward County Records Department at the expense of the applicant.

(2)

Review Standards. Amending the Zoning Map (PD District Rezoning) is a matter committed to the legislative discretion of the City Commission. In deciding the application, the City Commission shall consider and weigh the relevance of and consider whether and the extent to which the proposed amendment:

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

Would result in development that is adequately served by public facilities (e.g., streets, potable water, sewerage, stormwater management, solid waste collection and disposal, schools, parks, police, and fire and emergency medical facilities);

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(F)

Rezoning

(1)

Applicability

(a)

The procedures and standards in this subsection apply to the review of any proposal for a general or site-specific amendment of the Zoning Map to change the zoning district classification applicable to land.

(b)

An application for Rezoning may be submitted and reviewed concurrently with an application for Flex/Redevelopment Unit Assignment.

(2)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Rezoning applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. If the application is for a site-specific Rezoning, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

A general Rezoning application may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

A site-specific Rezoning application may be initiated by the Director (upon referral from City staff, the Planning Board, or the City Commission) or the owners of over 50 percent of the land area involved in the proposed rezoning (which must be contiguous), as well as any person who may submit applications under §10-5.3(D)(1), Authority to Submit Applications.

(iii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(g)

City Commission Review and Decision

(i)

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of a Rezoning authorizes the approved revisions to the Zoning Map. Such approval does not itself authorize specific development activity.

(ii)

Expiration of Approval. A Rezoning does not expire, but shall remain valid unless and until the revised Zoning Map is subsequently amended in accordance with this subsection.

(3)

Review Standards. Amending the Zoning Map (Rezoning) is a matter committed to the legislative discretion of the City Commission. In deciding the application, the City Commission shall consider and weigh the relevance of and consider whether and the extent to which the proposed amendment:

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(G)

Special Exception

(1)

Purpose. The purpose of the Special Exception is to provide for individualized review of certain uses that—due to their nature, relationship to the Comprehensive Plan, and potential adverse impacts on surrounding areas—require special consideration of their location, design, and methods of operation, as well as the imposition of conditions to mitigate concerns, before they can be deemed appropriate in a zoning district and compatible with their surroundings.

(2)

Applicability

(a)

A Special Exception is required for any proposed development involving a Special Exception use as designated in the use tables in Article 10-4: Use Regulations, or for proposed development for which a Special Exception is required by any other provision of this Code.

(b)

An application for a Special Exception may be submitted and reviewed concurrently with an application for Site Plan Approval (and any other application submitted and reviewed concurrently with the Site Plan Approval application, including an application for an Administrative Adjustment).

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Special Exception applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that the application shall include a site plan if it is not submitted and reviewed concurrently with an application for Site Plan Approval. In addition to the materials required by the administrative manual, the following studies may be required at the Director's discretion: a natural resources survey or resource management plan, a traffic study, conceptual engineering plans, parking study, architectural review and consultant fee, feasibility analysis, a phasing plan, and any other study the Director's deems appropriate.

(b)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions; or

Recommend denial of the application.

(e)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(f)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval and recordation of a Special Exception Board Order allows approval of a concurrently-reviewed site plan application for the same development, and authorizes submittal of other development applications that may be required before construction or use of the development authorized by the approved Special Exception.

(ii)

Expiration of Approval. Approval of a Special Exception shall automatically expire if the authorized use or construction is not substantially underway within one year after the date of the Special Exception approval, or an extension of this time period under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(iii)

Minor Modifications Allowed

Subsequent development applications for development authorized by a Special Exception approval may incorporate minor changes from the approved plans and conditions without the need to amend the Special Exception in accordance with §10-5.3(J)(4), Modification or Amendment of Approval—provided, however, that the Director determines that such changes:

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

Are consistent with the Special Exception approval—i.e., the changes would not significantly alter the development's general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Special Exception approval.

In any case, the following changes from the Special Exception approval shall constitute a major change requiring amendment of the Special Exception in accordance with §10-5.3(J)(4), Modification or Amendment of Approval:

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

Before determining whether a change is a minor change or a major change, the Director shall review the record of the proceedings on the Special Exception application and consider whether any proposed modification would require evidentiary support in addition to that on which approval of the Special Exception application was based.

(4)

Review Standards. A Special Exception application shall be approved only if the City Commission makes the following findings, based on competent substantial evidence in the record:

(a)

The proposed development will be consistent with the Comprehensive Plan;

(b)

The proposed development will comply with applicable zoning district, use, and development standards of this Code;

(c)

The proposed development will be compatible with the existing natural environment and community character of the properties within the immediate neighborhood;

(d)

The proposed development will be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare;

(e)

The proposed development will minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable;

(f)

The proposed development will include adequate provisions for safe and convenient vehicular and pedestrian traffic movement to, from, and through the site that minimizes traffic congestion in the public streets;

(g)

The site area is sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use;

(h)

The Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active;

(i)

The Special Exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees only after the previous condition has been met; and

(j)

Any pre-existing code violations shall be satisfied before a certificate of occupancy is issued for the proposed use.

(H)

Site Plan Approval

(1)

Purpose. The Site Plan Approval procedures and standards of this section are intended to ensure that layout and general design of proposed development comply with all applicable standards in this Code.

(2)

Applicability

(a)

General

(i)

Site plan approval, either Major or Minor, is required for construction of any new structure, modification of an existing structure, and the occupancy of an existing structure, unless exempted under subsection (b) below.

(ii)

Site plan approval is required prior to submittal of an application for an Improvement Permit or Plat, unless the applicant elects to submit applications for both Site Plan Approval and an Improvement Permit or Plat for concurrent review.

(b)

Exemptions. The following development is exempt from the requirements of this subsection:

(i)

A change in use that does not involve or require other development (such as new or expanded structures, additional parking, etc.);

(ii)

Internal construction that does not increase gross floor area or building height, increase the density or intensity of use, or affect parking or landscaping requirements; and

(iii)

Construction of or addition to a single-family detached dwelling or a duplex dwelling, or a structure accessory to such a dwelling.

(c)

Major Site Plan Approval. Major Site Plan Approval is required for any of the following development, unless such development is exempted from Site Plan Approval under subsection (b) above:

(i)

New development or the expansion of existing development that proposes 15 or more new or added dwelling units;

(ii)

New development or the expansion of existing development that proposes 10,000 or more square feet of new or added gross floor area devoted to nonresidential use.

(iii)

New development that proposes 30 or more new or added vehicle parking spaces; or

(iv)

New development or the expansion of existing development that proposes 15,000 or more square feet of new or added cleared land.

(d)

Minor Site Plan Approval. Minor Site Plan Approval is required for any development other than that for which Major Plan Approval is required under subsection (c) above, unless exempted from Site Plan Approval under subsection (b) above.

(e)

Concurrent Review

(i)

An application for Site Plan Approval may be submitted and reviewed concurrently with an application for a Special Exception or an Administrative Adjustment. In such a case, the Director shall not decide the Site Plan Approval application until after the Special Exception application or Administrative Adjustment is approved.

(ii)

An application for Site Plan Approval may be submitted and reviewed concurrently with an application for an Improvement Permit or Plat. In such a case, the City Engineer shall not decide the Site Plan Approval application until after the Improvement Permit application is approved.

(3)

Major Site Plan Approval Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Major Site Plan Approval applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. The applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that the application shall include a site plan. In addition to the materials required by the administrative manual, the following studies may be required at the Director's discretion: a natural resources survey or resource management plan, a traffic study, conceptual engineering plans, parking study, architectural review and consultant fee, feasibility analysis, a phasing plan, and any other study the Director's deems appropriate.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(4)

Minor Site Plan Approval Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Minor Site Plan approval applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold an optional pre-application conference with City staff, as determined by staff, in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that the application shall include a site plan and may be required to include a landscape plan, a natural resources survey or resource management plan, a traffic study, conceptual engineering plans, parking study, architectural review and consultant fee, or a phasing plan.

(c)

Staff Review and Action. The Director shall review the application, allow revisions of the application, and decide the application in accordance with §10-5.3(E). The decision shall be one of the following:

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(5)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to both Major and Minor Site Plans, except as follows:

(a)

Effect of Approval. Site Plan Approval allows the approval of any concurrently-reviewed applications for the same development. It also authorizes submittal of any other development applications that may be required before construction or use of the development authorized by the Site Plan Approval.

(b)

Expiration of Approval. Approval of a Site Plan shall automatically expire if the authorized development is not substantially underway within one year after the date of the Site Plan. This time period may be extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(i)

For purposes of this requirement, construction shall be deemed to be "substantially underway" if the right of way has been cleared, the roadways, internal streets, and/or parking areas have been rough graded, the drainage system and/or stormwater management facilities have been rough-graded and erosion and sediment control measures are in place and being actively maintained.

(ii)

In a case where no new construction is required to implement the approved use, the use shall be deemed "substantially underway" if the activity permitted by the approved conditional use is actively underway.

(c)

Minor Changes Allowed

(i)

Subsequent development applications for development authorized by a Site Plan Approval may incorporate minor changes from the approved plans and conditions without the need to amend the Site Plan in accordance with §10-5.3(J)(4), Modification or Amendment of Approval—provided, however, that the Director determines that such changes:

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

Are consistent with the Site Plan approval—i.e., the changes would not significantly alter the development's general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Site Plan.

(ii)

In any case, the following changes from the approved Site Plan shall constitute a major change requiring amendment of the Site Plan in accordance with §10-5.3(J)(4), Modification or Amendment of Approval:

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(6)

Site Plan Approval Standards. An application for Major Site Plan Approval or Minor Site Plan Approval shall be approved only if the City Commission, Planning Board, or Director, as appropriate, determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval.

(7)

Phase Development

(a)

For the purpose of this subsection, "phase developments" means that, as to any recorded plat or approved final site plan, a developer may choose to construct, bond, pay inspection fees and complete the improvements provided for in the plat or site plan, as the case may be, in whatever phases as have been delineated on the approved overall site plan submitted by the developer, provided that:

(i)

The developer shall not be obligated to submit individual site plans for any of the phases, provided there is no deviation from the phases as delineated upon the approved overall site plan.

(ii)

The phases, with respect to utilities, drainage and parking, shall meet appropriate criteria independently of subsequent phases, but may be dependent upon preceding completed phases.

(iii)

The phases when completed shall not unreasonably interfere with or eliminate the legal access to any remaining phase within the recorded plat.

(iv)

The city engineer shall have approved the engineering plans and specifications for the phase being constructed.

(v)

No phase shall contain less than 25 dwelling units as described in the approved overall site plan.

(vi)

If the county requires bonding in a manner not consistent with the manner set forth above, bonding shall be consistent with county regulations and the bonds shall be held by the city.

(b)

Furthermore, in connection with phase developments:

(i)

Not more than one year may elapse between city commission approval of an overall site plan and the issuance of a development or building permit for the first phase to be constructed.

(ii)

Not more than two years may elapse between issuance of the first building permit and the issuance of the first certificate of occupancy in a phase, provided that the issuance of same is not unreasonably withheld.

(iii)

Not more than two years may elapse between the issuance of certificates of occupancy for the first unit and the last unit to be constructed in a phase.

(iv)

Not more than one year may elapse between the issuance of the certificates of occupancy for all of the units in a phase and developer's application for the first development permit for a subsequent phase.

(c)

In any of such events, unless an extension is granted by the city commission, the site plan shall automatically become invalid; and all claims of vested rights or equitable estoppel to continue to build in accordance with previously approved site plan shall be extinguished; and the developer or its successors shall thereafter be required to submit a new site plan consistent with city regulations then in effect and pay a new site plan application fee and any increases in fees and charges.

(d)

Approved site plans shall show all proposed phases; and, subject to and in accordance with the provisions in the preceding sentences, so long as each phase is completed in accordance with the plan, no subsequent revisions to or changes in development regulations of the city shall apply to the property included in the site plan unless mandated by a governmental agency other than the city.

(I)

Improvement Permit

(1)

Purpose. The Improvement Permit procedures and standards of this section are intended to ensure that final detailed engineering plans for a proposed development comply with all applicable standards in this Code and city engineering standards and details, as determined by the City Engineer.

(2)

Applicability

(a)

General. An Improvement Permit is required for any:

(i)

Clearing or grubbing;

(ii)

Construction, installation, or modification of public or private paving and drainage improvements—including, but not limited to, streets (including subgrade preparation, base, and surface), alleys, sidewalks, walkways, driveways, bridges, medians and median crossings, guardrails, street name signs, curb and gutter, storm sewers or drains, swales, culverts, headwalls, endwalls, detention/retention structures, canal or lake excavation, dredging, bulkheads, grading, and earthwork (cut or fill);

(iii)

Construction, installation, or modification of public or private water or wastewater improvements—including, but not limited to, water mains, sanitary sewers, and other water distribution or sewage collection facilities;

(iv)

Construction, installation, or modification of public or private irrigation improvements within public easements, right-of-way, or City-owned property—including, but not limited to, irrigation lines, valves, heads, and other appurtenances; and

(v)

All improvements located within City of Tamarac public easements or right-of-way.

(b)

Concurrent Review. An application for an Improvement Permit shall be submitted and reviewed as part of Site Plan Approval, if required. In such a case, the Director shall not decide the Improvement Permit application until after the Site Plan Approval.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Improvement Permit applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

Staff Review and Action. The City Engineer shall review the application, allow revisions of the application, and decide the application in accordance with §10-5.3(E). The decision shall be one of the following:

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Performance Guarantees. Before issuance of an approved Improvement Permit for development other than just clearing and grubbing, the applicant shall submit to the City Engineer a performance guarantee ensuring payment of fees required by the City and completion of required improvements, in accordance with §10-156.

(ii)

Effect of Approval. An Improvement Permit authorizes clearing and grubbing or the construction, installation, or modification of approved improvements in accordance with the terms and conditions of the permit.

(iii)

Expiration of Approval. Approval of an Improvement Permit shall automatically expire if the authorized development is not substantially underway within six months after the date of issuance of the Improvement Permit, or is suspended or abandoned for a period of 90 days from the date of the most recent inspection. These time periods may be extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(iv)

(v)

(4)

Review Standards. An application for an Improvement Permit shall be approved only if the City Engineer determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code;

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals;

(d)

Will be consistent with §10-154; and

(e)

Will comply with all local, state, and federal regulations and codes.

(J)

Plat Approval

(1)

Purpose. The purpose of this section is to provide a review procedure that:

(a)

Conforms to the Broward County Land Use Plan's mandate that local governments require platting wherever the County Land Use Plan requires platting;

(b)

Ensures that subdivisions of land comply with applicable provisions of this Code and otherwise provide for the orderly and efficient development of the city; and

(c)

Assure consistent and equitable treatment for engineers, surveyors, and subdividers in the review and processing of applications for plat approval.

(2)

Applicability

(a)

General. Unless exempted under subsection (b) below, Plat Approval in accordance with this subsection is required:

(i)

Before any Building Permit may be issued for a principal building on a lot;

(ii)

Before any plat of a subdivision of land may be recorded or any development associated with the subdivision may occur; and

(iii)

Before any Improvement Permit may be issued, unless the Improvement Permit is for clearing and grubbing only.

(b)

Exemptions

(i)

Plat Approval is not required where expressly exempted from platting by Article 7 of the Broward County Administrative Rules as amended from time to time.

(ii)

Plat Approval is not required under provision (a)(ii) above for:

The combination or recombination of lots or portions of previously subdivided and recorded lots where:

The total number of lots is not increased;

Each resulting lot complies with applicable lot standards of this Code; and

No nonconformities are created.

The division of a lot resulting from the public acquisition of land for the purpose of establishing, opening, widening, or expanding streets, parks, or greenways.

A revision of a previously approved and recorded plat that incorporates only minor changes to nonvehicular access easements or openings or to plat notes.

(iii)

The Director shall determine whether these exemptions apply in response to a written request for such a determination. The requestor shall pay the application fee established for such reviews by the City Commission under §10-5.3(D)(3), Application Fees.

(c)

Alternatives to Plat Approval. Generally, development may not cross platted property lines. However, Plat Approval shall not be required in the following instances:

(i)

Unity of Title. The Director may approve a Unity of Title application as set forth in the administrative manual, which shall demonstrate common ownership of the subject properties. The Unity of Title shall be approved and recorded prior to issuance of building permit.

(ii)

Declaration of Unity of Control. The Director may approve a Declaration of Unity of Control that authorizes subdivision of portions of an overall site that were previously approved as a unified site. This allows the previous development regulations to remain applicable to the overall property and individual subparcels, regardless of ownership, and not individually required to meet property development regulations in accordance with the Declaration of Unity of Control.

(d)

Concurrent Review

(i)

An application for Plat Approval may be submitted and reviewed concurrently with an application for Site Plan Approval or an Administrative Adjustment. In such a case, the Director shall not decide the Plat Approval application until after the Site Plan Approval or Administrative Adjustment application is approved.

(ii)

An application for Plat Approval may be submitted and reviewed concurrently with an application for an Improvement Permit or a Building Permit. In such a case, the Director and the Chief Building Official shall not approve the Improvement Permit or Building Permit application until after the Plat Approval application is approved by the City.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Plat Approval applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

Staff Review and Action. The Director and the Chief Building Official shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G). The hearing shall be a quasi-judicial hearing.

(e)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H). The hearing shall be a quasi-judicial hearing.

(ii)

The decision shall be one of the following:

Adopt the plat as proposed;

Deny the plat;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(f)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

Plat Approval by the City allows submittal and review of an application for approval of the same plat by the Broward County Commission in accordance with the Broward County Land Development Code.

On obtaining Broward County approval of the plat and recording the plat in accordance with Broward County platting requirements, the landowner is authorized to convey any newly created lot by reference to the record plat and to submit applications for an Improvement Permit, Building Permit, or other development approval required to develop the lot(s).

(ii)

Expiration of Approval. Plat Approval shall automatically expire if an application for approval of the same plat is not approved by the Broward County Commission within two years after the date of Plat Approval by the City. This time period may be extended under § 10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(iii)

Minor Changes Allowed. Minor changes from the plat (including conditions and notes) approved as part of Plat Approval may be incorporated into the application for Broward County approval of the City-approved plat, or onto the plat approved under Broward County platting requirements, or in subsequent applications for development authorized by the Plat Approval—without the need to amend the Plat Approval in accordance with § 10-5.3(J)(4), Modification or Amendment of Approval—provided, however, that the Director determines that such changes:

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

Are consistent with the Plat Approval—i.e., the changes would not significantly alter the development's general function, form, intensity, character, demand on public facilities, impact on adjacent properties, or other characteristic from that indicated by the Plat Approval.

(4)

Review Standards. An application for Plat Approval shall be approved only if the Director determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(K)

Temporary Use/Structure Permit

(1)

Purpose. The purpose of this subsection is to provide a uniform mechanism for reviewing applications for Temporary Use/Structure Permits to ensure temporary uses and structures comply with the applicable standards in §10-3.5, Temporary Uses and Structures.

(2)

Applicability. A Temporary Use/Structure Permit is required before the establishment, construction, or installation of any temporary use or structure designated in the temporary use/structure tables in 10-3.5, Temporary Uses and Structures, as requiring a Temporary Use/Structure Permit.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Temporary Use/Structure Permit applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

Staff Review and Action. The Director and the Chief Building Official shall review the application, allow revisions of the application, and decide the application in accordance with §10-5.3(E). The decision shall be one of the following:

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. A Temporary Use/Structure Permit authorizes establishment or construction or installation of the approved temporary use or structure in accordance with the terms and conditions of the permit, including the specified time period.

(ii)

Expiration of Approval. A Temporary Use/Structure Permit shall be valid beginning on the date specified on the permit and shall remain valid for the time period indicated on the permit. In no case shall a Temporary Use/Structure Permit be valid for more than one year after its approval. This expiration period may not be extended.

(4)

Review Standards. An application for a Temporary Use/Structure Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable temporary use standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(L)

Sign Permit

(1)

Purpose. The purpose of this subsection is to provide a uniform mechanism for reviewing applications for Sign Permits to ensure signs comply with the applicable standards in §10-4.10.

(2)

Applicability. A Sign Permit is required before the construction, erection, installation, posting, relocation, or alteration of any sign unless it is exempt under §10-4.10(B)(2), Exemptions.

(3)

Procedure. Table 10-5.1:, Summary of Development Review Procedures, and the following subsections identify those steps in the common review procedures (see §10-5.3) applicable to the review of Sign Permit applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. A Sign Permit authorizes the construction, erection, installation, posting, relocation, or alteration of the approved signage in accordance with the terms and conditions of the permit.

(ii)

Expiration of Approval. Approval of a Sign Permit shall automatically expire if the authorized development is not substantially underway within three months after the date of issuance of the permit. This time period may be extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(4)

Review Standards. An application for a Sign Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable signs standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(M)

Tree Removal License

(1)

General. Tree removal licenses are approved and issued by the city in accordance with section 10-4.4 "Landscaping and Tree Preservation." A tree removal license is required before relocation or removal of any tree (except as exempted in [sub]section[s] 10-4.4(E) and (F)). The license certifies that such relocation, removal, or mitigation thereof, complies with the tree protection standards in section 10-4.4 "Landscaping and Tree Preservation."

(2)

Relationship to this Code

(a)

If the relocation or removal of a tree would occur in conjunction with development proposed in a site plan approval application, any approval of the site plan approval application shall be contingent on the city's approval of a tree removal license for the tree relocation or removal,

(b)

Failure of a landowner to replace a removed tree in accordance with section 10-4.4 "Landscaping and Tree Preservation" shall also constitute a violation of this Code.

(N)

Building Permit

(1)

General. Building Permits are approved and issued by the Chief Building Official in accordance with review procedures and construction standards in the Florida Building Code, as adopted and modified in accordance with Chapter 5 (Building and Building Regulations) of the Tamarac City Code. A Building Permit is required before construction, erection, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, or demolition of any building or structure. The permit certifies that such work complies with the construction standards in the Building Code and Chapter 5.

(2)

Relationship to this Code. No Building Permit shall be issued for a structure unless and until the structure is completed in full compliance with any other approvals required under this Code for development that includes the structure, including any applicable Site Plan Approval.

(O)

Certificate of Occupancy

(1)

General

(a)

Certificates of Occupancy are approved and issued by the Chief Building Official in accordance with review procedures and standards in the Florida Building Code, as adopted and modified in accordance with Chapter 5 (Building and Building Regulations) of the Tamarac City Code.

(b)

A Certificate of Occupancy is required before a structure may be used or occupied, or the existing use of any part of a structure is changed to a use in a different use and occupancy classification as established in the Building Code. It certifies that work on the structure is completed in compliance with the Building Code and the terms and conditions of the Building Permit, but also in compliance with all other applicable City regulations, including those in this Code. A Certificate of Occupancy serves as a final check on a structure's compliance with the requirements of this Code.

(c)

A Business Tax Receipt shall be obtained for a new or transferring business prior to the issuance of a Certificate of Occupancy.

(2)

Relationship to this Code. No Certificate of Occupancy shall be issued for a development unless and until the development is completed in full compliance with approvals under this Code for the development. Issuance of a Certificate of Occupancy does not preclude requirements for licenses and other approvals.

(P)

Administrative Adjustment

(1)

Purpose. An administrative adjustment is intended to allow minor deviations, or adjustments, to certain dimensional or numerical standards in this ordinance based on specific criteria. The intent is to provide relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by the standards of this ordinance and the comprehensive plan, and is compatible with surrounding development.

(2)

Applicability

(a)

Concurrent application required an application for an administrative adjustment may only be submitted and reviewed concurrently with applications for a special exception, site plan approval, improvement permit, plat approval, or sign permit. Where the application is subject to review and approval by the planning board and/or city commission, the director shall review and decide the administrative adjustment application before distributing the application to the board and/or commission.

(b)

Table of Allowable Administrative Adjustments. The procedure and standards in this subsection apply to the review of applications for an administrative adjustment, which may be submitted and granted for the standards identified in Table 10-5.3: Allowable Administrative Adjustments, up to the limits set forth in the table.

Table 10-5.3: Allowable Administrative Adjustments
Standard	Maximum Allowable Administrative Adjustment
Lot Standards
Net lot area	10 %
Lot width	10 %
Lot or pervious coverage	10%
Setbacks
Front setback	10 %
Corner side setback	20 %
Side setback	25 %
Building separation	30 %
Rear setback	20 %
Building Standards
Structure height	10 %
Site Development and Design Standards
Block length	10 %
Block length	10 %
Perimeter buffer width	15 %
Perimeter buffer planting rate	10 %
Driveway spacing	10 %
Street intersection spacing	10 %
Number of vehicle parking spaces	10 %
Number of bicycle parking spaces	10 %
Stacking lane distance for parking area entrance drives,	10 %
Walking distance between shared, off-site, or on-street vehicle parking spaces and primary pedestrian entrance of uses served	10 %
Vegetation size at time of planting	10 %
Vehicle use area planting island area and dimensions	10 %
Street tree planting rate	10 %
Fence or wall height	1 ft.
Outdoor Lighting Standards
Average light level to minimum light level uniformity ratio	15 %
Lighting height	10 %
Sign Standards
Projection fascia sign	10 %
Sign face area or dimensions	10 %
Sign height	10 %
Sign wall coverage	10 %
Encroachment into required yards	15 %

(c)

Reasonable Accommodations Under the FFHA

(i)

In response to a written application identifying the type of housing being provided and the portions of the Federal Fair Housing Act that require that reasonable accommodations be made for such housing, the director is authorized to take any of the following actions in order to provide reasonable accommodations without the need for a rezoning or variance:

Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than ten percent; or

Reduce any off-street parking requirement by no more than one space.

(ii)

The director may approve a type of reasonable accommodation different from that requested by the applicant if the director concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent areas. The decision of the director shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. Requests for types of accommodation that are not listed above may only be approved through a variance or rezoning process.

(d)

Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The director may grant administrative adjustments in order to eliminate a substantial burden on religious exercise as guaranteed by the Federal Religious Land Use and Institutionalized Persons Act of 2000, as amended. In no circumstance shall the director approve an adjustment that allows a religious assembly use, or any uses, structures, or activities accessory to it, in a zoning district where this Code prohibits such use or accessory use, structure, or activity.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedures (see section 10-5.3) applicable to the review of an administrative adjustment application and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with city staff in accordance with [sub]section 10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with [sub]section 10-5.3(D).

(c)

Staff Review and Action. The director shall review the application, allow revisions of the application, and decide the application in accordance with [sub]section 10-5.3(E). The decision shall be one of the following:

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(d)

Post-Decision Actions. The post-decision actions and limitations in [sub]section 10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of an administrative adjustment authorizes only the particular adjustment of standards approved, as applied only to the development authorized by the approved development application with which it is associated.

(ii)

Expiration of Approval. Approval of an administrative adjustment shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise becomes invalid.

(4)

Review Standards. An application for an administrative adjustment shall be approved only if the director determines that the adjustment falls within the limitations in Table 10-5.3: Allowable Administrative Adjustments, and that:

(a)

The administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible development.

(b)

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.

(c)

The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:

(i)

Required to compensate for some unusual aspect of the development site or the proposed development that is not shared by landowners generally;

(ii)

Proposed to protect sensitive natural resources or save healthy existing trees; or

(iii)

Required to eliminate a minor inadvertent failure to fully comply with a standard.

(d)

The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(e)

The administrative adjustment is consistent with the purpose of the zoning district where located and with the comprehensive plan.

(Q)

Variance

(1)

Purpose. The purpose of a Variance is to allow certain deviations from standards of this Code when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control, the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. Variances are to be sparingly exercised and only in rare instances and under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or increases in maximum allowable development intensity may be authorized by a Variance.

(2)

Applicability. The Variance procedure may be used to seek and obtain hardship relief from the standards in this Code, provided that no Variance may be sought or granted that would permit a use not allowed by use standards applicable in a zoning district or increase development intensity (e.g., dwelling units per acre or floor area ratio) beyond that allowed by intensity standards applicable in a zoning district.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Variance applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for the Planning Board hearing in accordance with §10-5.3(F).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(H).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

Approval of a Variance authorizes only the particular regulatory relief approved as part of the Variance, as applied only to the land for which the Variance is approved, and only in accordance with any approved plans and documents, and conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits and approvals required by this Code and any other applicable laws, and does not indicate that the development for which the Variance is granted should receive approval of other applications for a development permit required under this Code unless the relevant and applicable portions of this Code or any other applicable laws are met.

Unless it expires in accordance with provision (ii) below, an approved Variance—including any approved plans and documents and conditions of approval—shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All decisions, determinations, and interpretation by City staff shall be consistent with the approved Order granting the Variance.

(ii)

Expiration of Approval. A Variance shall automatically expire if development allowed by the Variance is not commenced or other relief provided by the Variance does not take place within one year after the date the Variance is approved. This time period may be extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.

(4)

Review Standards

(a)

General Variance Review Standards. A Variance application shall be approved only if the City Commission reaches each of the following conclusions, based on findings of fact supported by competent, substantial, and material evidence presented at the hearing:

(i)

There are special conditions and circumstances (such as topographic conditions or the narrowness, shallowness, or shape of the lot) pertaining to the particular property for which the Variance is sought, that do not generally apply to other property subject to the standard from which the Variance is sought;

(ii)

The special conditions and circumstances referred to above are not the result of the actions of the landowner;

(iii)

Because of the special conditions and circumstances referred to above, the literal application of this Code to development of the property for which the Variance is sought would effectively deprive the landowner of rights commonly enjoyed by other properties subject to the standard from which the Variance is sought, and would result in unnecessary and undue hardship on the landowner;

(iv)

The Variance would not confer any special privilege on the landowner that is denied by law to other similarly situated properties subject to the standard from which the Variance is sought;

(v)

The extent of the Variance is the minimum necessary to allow a reasonable use of the property;

(vi)

The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;

(vii)

The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; and

(viii)

The Variance is consistent with the Comprehensive Plan.

(b)

Insufficient Grounds for Approving Variances

(i)

The following factors shall not constitute sufficient grounds for approval of any Variance:

A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

Hardships resulting from factors other than application of requirements of this Code;

The fact that property may be utilized more profitably or be more marketable with a Variance; or

The citing of nonconformities in the same or other zoning districts.

(ii)

Should an applicant wish to appeal a decision by the City Commission, the applicant shall follow the provisions of §10-5.4(R), Administrative Appeal, and appeal to the courts.

(R)

Administrative Appeal

(1)

Purpose. The purpose of this section is to establish an administrative remedy whereby persons claiming to having been aggrieved by a decision of the Director or other administrative official in administering this Code may appeal that decision administratively.

(2)

Right to Appeal. Any party aggrieved by a decision, interpretation, or order made by the Director or other administrative official in administering or enforcing the provisions of this Code may appeal the decision, interpretation, or order to the Planning Board by submitting an Administrative Appeal application to the Director within 30 days after the decision, interpretation, or order being appealed.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Administrative Appeal applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), subject to the following:

(i)

The application shall:

Identify the decision, interpretation, order being appealed;

State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed;

Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

Set forth facts and materials in support of the appeal; and.

Set forth the relief the applicant seeks.

(ii)

Except for appeals of the amount of an imposed civil penalty, submittal and acceptance of an Administrative Appeal application stays all work on the premises (if the appeal pertains to a particular development site) and stays all City actions in furtherance of the decision, interpretation, or order being appealed unless the Director certifies to the Planning Board that, because of facts stated in the certification, a stay would cause imminent peril to life or property. In that case, City actions may not be stayed except by a restraining order granted by the Planning Board or by a court of record on petition, after notice to the Director, and for due cause shown.

(b)

Staff Transmittal of Materials to Planning Board. The Director shall:

(i)

Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

(ii)

Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and

(iii)

Transmit the application and relevant documents and other materials to the Planning Board in accordance with §10-5.3(E)(3)(b).

(c)

Scheduling and Public Notice of Hearing. The application shall be scheduled, and required public notices provided, for the Planning Board hearing in accordance with §10-5.3(F). If the appeal is of a decision, notice of the hearing shall also be sent to the applicant for the decision, if different from the applicant for the appeal.

(d)

Planning Board Review and Decision

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

Modification of the decision, interpretation, or order being appealed (in whole or in part); or

Reversal of the decision, interpretation, or order being appealed (in whole or in part).

(iii)

In deciding the application, the Planning Board shall make any order, requirement, decision, or determination that in its opinion ought to be made in the circumstances, and shall have all the powers of the official from whom the appeal is taken.

(e)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. To the extent a decision on an Administrative Appeal application pertains to application of a particular provision of this Code in a particular circumstance, the appeal decision shall be binding on subsequent decisions by the Director or other administrative official in applying the same provision of this Code in the same circumstance.

(ii)

Expiration of Approval. The decision on an Administrative Appeal application does not expire, but shall remain valid except to the extent this Code is subsequently amended to reflect any reversal or modification of the decision, interpretation, or order that was appealed.

(4)

Review Standards

(a)

The Planning Board shall review the Administrative Appeal application in accordance with the standards of this Code applicable to the decision, interpretation, or order being appealed, and shall base its decision solely on the record established below for the decision, interpretation, or order being appealed. The record shall consist of the all documents, hearing records, and other materials related to the decision, interpretation, or order.

(b)

The Planning Board may modify or reverse a decision, interpretation, or order (in whole or in part) only if it finds that there is competent substantial evidence in the record of a clear and demonstrable error in the administrative official's application of the relevant standards or provisions of this Code.

(5)

Appeal of Planning Board Decisions. Appeal of any Planning Board decisions under this subsection shall be made to the City Commission. Notice of such appeal shall be provided to the Director within 30 days of the Planning Board decision.

(6)

Appeal of City Commission Decisions. Appeal of any City Commission decision made under this Code shall be to the courts.

(S)

Flex and Redevelopment Units and Acreage

(1)

Purpose. The Broward County Land Use Plan establish flexibility in order to facilitate the arrangement of densities and intensities, and allow local governments and the private sector to respond to changing condition. The City's certified land use plan may rearrange the residential densities shown on the Broward County Land Use Plan Map utilizing "flexibility units" and/or "redevelopment units" in accordance with the rules established within the "Administrative Rules Document: Broward Land Use Plan." The purpose of this subsection is to provide a uniform mechanism for reviewing applications for assignment of flex/redevelopment units to a particular site.

(2)

Applicability

(a)

The procedures and standards in this subsection apply to the review of any proposal to assign flex/redevelopment units to a particular site.

(b)

An application for flex/redevelopment units may be submitted and reviewed concurrently with an application for Rezoning and Land Use Map Amendment where applicable.

(c)

The City may approve a different arrangement of commercial and residential acreage than shown on the Broward County Land Use Plan if consistent with all of the provisions in §3.5 of the Broward County Administrative Rules Document: BrowardNext.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedures (see §10-5.3) applicable to the review of flex/redevelopment units applications and note any specific variations of, or additions to, those review steps.

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D). The application shall include information required in the Administrative Manual, which at minimum shall include:

(i)

A statement and appropriate documentation of the applicant's interest in the property for which the application is filed;

(ii)

The legal description of the property, accompanied by a map or survey which depicts the location of the property in relation to major streets and landmarks;

(iii)

A recorded plat or a survey of the property that has been performed within one year preceding the date of application;

(iv)

A statement of the reasons for the requested increase in density and how the application adheres to the goals and objectives of the comprehensive master plan and the purpose of the flex/redevelopment units concepts as stated in the plan;

(v)

A statement of the number of flex/redevelopment units requested and the overall number of dwelling units and the gross density with respect to the project which will result from the approval of the application and a statement as to the gross density which would apply if the application were disapproved;

(vi)

An executed agreement providing that there shall be no application for any development permit as defined in the land use plan, unless and until the City Commission has found that all development review requirements have been met, or proof that all development review requirements have been satisfied;

(vii)

Such other information as shall be deemed by the Director to be necessary in order to evaluate the application; and

(viii)

A statement of land proposed to be dedicated, or payment in lieu of dedication for recreational, drainage or other municipal purposes per unit to be granted.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Hearings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application with the number of flex/redevelopment units proposed;

Approve the application with a reduced number of flex/redevelopment units;

Deny the application;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Agreement. If the application is approved, the applicant and the City shall prepare and execute an agreement that shows the terms and conditions for the approved assignment of flex/redevelopment units. The applicant or the City may elect to record the agreement in the public records.

(ii)

Payment or Dedication of Consideration. The consideration for the flex/redevelopment units (land to be dedicated or the payment in lieu of dedication for recreational, drainage or other municipal purposes) shall be paid or dedicated at the time of approval of an application for flex/redevelopment units or in accordance with such other schedule or payment established by resolution of the Commission. This consideration is in addition to other fees and charges applicable to the development of property required by this Code.

(iii)

Effect of Approval. Approval of a flex/redevelopment units application authorizes assignment of the approved flex/redevelopment units to the subject property and reduces the number of flex/reserve units available for use elsewhere by a corresponding number. Such approval does not itself authorize specific development activity.

(iv)

Expiration of Approval. A flex/redevelopment unit assignment does not expire, but shall remain valid unless and until the revised Comprehensive Plan is subsequently amended in accordance with this subsection's Comprehensive Plan Amendment procedure.

(4)

Review Standards. Assigning flex/redevelopment units is a matter committed to the legislative discretion of the City Commission In deciding the application, the City Commission shall consider the characteristics of the development proposed to use the assigned flex/redevelopment units and whether it:

(a)

Would be consistent with the Comprehensive Plan;

(b)

Would address a community need;

(c)

Would be compatible with the surrounding area;

(d)

Could be adequately served by City and Broward County facilities and services; and

(e)

Would provide sufficient dedication of land for municipal purposes, or payment in lieu of such dedication.

(T)

Newsrack Certificate of Compliance

(1)

Purpose. The purpose of this subsection is to provide a uniform mechanism for reviewing applications for Newsrack Certificates of Compliance to ensure the placement of newsracks complies with standards in Chapter 20, Article V of this City Code.

(2)

Applicability. A Newsrack Certificate of Compliance is required before the placement of any newsrack. An Improvement Permit is required for a newsrack located within a public easement of right-of-way.

(3)

Procedure. Table 10-5.1: and the following subsections identify those steps in the common review procedure (see §10-5.3) applicable to the review of Newsrack Certificate of Compliance applications and note any specific variations of, or additions to, those review steps.

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that applications may also be submitted by the publisher or distributor of publications to be displayed in the proposed newsrack(s).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Certificate of Insurance and Indemnification Agreement. Before issuance of an approved Newsrack Certificate of Compliance, the publisher or distributor of publications to be displayed in the approved newsrack(s) shall furnish the City the certificate of insurance and execute any indemnification agreement required by Chapter 20, Article V, of the City Code.

(ii)

Effect of Approval. A Newsrack Certificate of Compliance authorizes placement of the approved newsrack(s) in accordance with the terms and conditions of the certificate.

(iii)

Expiration of Approval. A Newsrack Certificate of Compliance does not expire.

(4)

Review Standards. An application for a Newsrack Certificate of Compliance shall be approved only if the Director determines that the proposed newsrack will comply with applicable standards for newsracks, as well as all other applicable standards in this Code.

(U)

Zoning in Progress Determination

(1)

Purpose. The purpose of this subsection is to provide an administrative and legislative procedure whereby the City can place a temporary hold on development permits and approvals if there are pending active efforts underway to amend this Code in a way that would preclude such permits and approvals should the pending amendment be adopted.

(2)

Applicability

(a)

From the time the Director determines that:

(i)

the City is actively developing and processing a proposal to amend this Code in a way that would preclude permits and approvals of certain uses and development, and

(ii)

authorization or approval of such uses and development before the proposed amendment is decided would be detrimental to the public interest,. the City shall not grant any development permit or approval, or accept any application for a development permit or approval, that authorizes or proposes development that would not be allowed under the proposed amendment to this Code.

(b)

The determination of when a proposal to amend this Code is being actively developed and processed may be based on when the City Commission or Planning Board first directed or requested the Director to prepare the amendment in sufficiently specific terms to understand the proposed amendment's impact on certain uses or forms of development, or when the Director first recommended the amendment to the Planning Board or City Commission in sufficiently specific terms to understand the proposed amendment's impact on certain uses or forms of development.

(3)

Procedure

(a)

Director's Determination and Administrative Order

(i)

On making a zoning in progress determination in accordance with §10-5.4(U)(2), the Director shall immediately issue an administrative order that delineates a specific area(s) affected by the proposed amendment (e.g., involving a rezoning) and that:

Prohibits the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment;

Revokes any already issued development permits or granted development approvals that would be precluded by the proposed amendment where no construction or substantial land development has started for the authorized development; and

Prohibits the acceptance of any applications for development permits and approvals that would be precluded by the proposed amendment.

(ii)

The administrative order shall also revoke any development permit or approval subject

(iii)

All City personnel shall comply with any such administrative order, which shall be effective until reversed or modified by resolution of the City Commission or until the adoption of a Text Amendment or Rezoning implementing the proposed amendment.

(iv)

Notwithstanding the administrative order, the Chief Building Official may authorize the issuance of Building Permits for non-deleterious items—including, but not limited to, fences, repairs, utilities, maintenance, and like matters that are not directly affected by the proposed amendment.

(v)

On issuing the administrative order, the Director shall schedule consideration of a resolution confirming the administrative order for the next available City Commission meeting.

(b)

City Commission Conformation of Director's Determination

(i)

The City Commission shall review the Director's zoning in progress determination and decide whether to confirm or reject it.

(ii)

If the City Commission decides to confirm the Director's zoning in progress determination, it shall adopt a resolution affirming the administrative order and prohibiting the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment, as well as the acceptance of any applications for such development permits and approvals. If the proposed amendment would be limited to a defined area (e.g., a Rezoning), the Commission's resolution shall also identify the area to which the prohibition applies.

(iii)

The City Commission's resolution may fix a time within which the Director shall report back to the Commission with specific recommendations relating to the proposed amendment. The said time limitation shall be the minimum reasonable time based on the time needed for a comprehensive analysis of the need for and impacts of the proposed amendment. If the Director is unable to complete the recommendations and report back to the City Commission within the prescribed time period, the City Commission may adopt a resolution reasonably extending the time period.

(c)

Scheduling and Public Notice of Hearing. When prepared to submit recommendations relating to the proposed amendment to the City Commission, the Director shall schedule and provide required public notices for a City Commission hearing on the recommendations in accordance with §10-5.3(F).

(d)

City Commission Review and Action

(i)

The City Commission shall review the Director's recommendations, hold a public hearing, and decide whether to refer the proposed amendment to the Director to initiate a Text Amendment application under §10-5.4(C) or a Rezoning application under §10-5.4(E).

(ii)

In making its decision, the City Commission shall consider the propriety of the Director's recommendations, the reasonable necessity for the amendment, and the proposed amendment's potential impact on affected area(s) and the probability of detriment to the character of those areas by the continued application of the existing regulations. The Commission's consideration shall be based on criteria that include, but are not limited to, the following:

Promotion of redevelopment and elimination of the causes of physical and economic blight;

Enrichment of the visual and functional quality of the streetscape for all user groups;

Creation of housing/affordable housing opportunities and choices by presenting innovative mixed land-use proposals;

Creation of an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation;

Creation of opportunities and incentives that facilitate redevelopment of private property;

Improvement of circulation for pedestrians, bicyclists and motorists;

Maintenance of Tamarac's strong demographic make-up and enhancement of the community's competitive position within Broward County;

Improper land use distribution; or

Any other factor that has a deleterious effect on the quality of life of the residents of affected areas, economic viability, and overall environment.

(e)

Termination of Zoning in Progress Determination and Orders. The zoning in progress determination and resulting prohibitions in a confirmed administrative order (see §10-5.4(U)(3)(a)(i)) shall continue until adoption of the Amendment to Text of Development Code or Rezoning implementing the proposed amendment.

(Ord. No. O-2021-020, §§ 7—9, 5-12-21; Ord. No. 2022-003, § 4, 3-23-22; Ord. No. O-2024-022, § 2, 11-13-24)

10-5.5 - Enforcement

(A)

General

(1)

Purpose. This section establishes and references procedures through which the City seeks to ensure compliance with the provisions of this Code and obtain corrections for Code violations. It also sets forth the remedies and penalties that apply to violations of this Code. The provisions of this section are intended to encourage the voluntary correction of violations, where possible. This section is intended to complement the code enforcement system established in Division 2 (Code Compliance) of Chapter 2 (Administration) of the Tamarac City Code and used by the City for enforcement of City regulations.

(2)

Compliance Required. Compliance with all the procedures, standards, and other provisions of this Code is required by all persons owning, developing, managing, using, or occupying land or structures in the City.

(B)

Violations and Responsible Persons

(1)

Violations Generally

(a)

Failure to Comply With Code or Term or Condition of Approval Constitutes Code Violation. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Code, or the terms or conditions of any development permit or development order or authorization granted in accordance with this Code shall constitute a violation of this Code punishable as provided in this section.

(b)

Development Permits or Approvals Only Authorize Development Approved. Development permits or approvals issued under this Code authorize only the specific use, arrangement, location, design, density or intensity, and development set forth in such development permit or approval.

(2)

Specific Violations. It shall be a violation of this Code to undertake any activity contrary to the provisions of this Code, including but not limited to any of the following:

(a)

Develop land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(b)

Occupy or use land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(c)

Subdivide land without first obtaining all appropriate development permits and approvals required to engage in subdivision, and complying with their terms and conditions.

(d)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(e)

Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and approvals, and complying with their terms and conditions.

(f)

Disturb any landscaped area or vegetation required by this Code.

(g)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate building permits and approvals, and complying with their terms and conditions.

(h)

Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the relevant development permit or approval has expired.

(i)

Create, expand, replace, or change any nonconformity except in compliance with this Code.

(j)

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Code.

(k)

Increase the intensity or density of development, except in accordance with the standards of this Code.

(l)

Utilize or operate a business out of a structure without obtaining and maintaining a valid Business Tax Receipt.

(m)

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

(3)

Responsible Persons. The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Code may be held responsible for the violation and subject to the remedies and penalties set forth in this article.

(C)

Enforcement Responsibility and Procedures

(1)

Responsibility for Enforcement. The Code Inspectors, Code Prosecutor, and Special Magistrate established and provided code enforcement authority under Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code shall have primary responsibility for enforcing the provisions of this Code in accordance with Chapter 2 and this section. All other officers and employees of the City shall have the duty to assist in enforcing this Code by reporting apparent violations of this Code to a Code Inspector authorized by Chapter 2.

(2)

Complaints Regarding Violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint with a Code Inspector authorized by Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code. The complaint shall state fully the cause and basis for the alleged violation.

(3)

Inspections. On presenting proper credentials, a Code Inspector may enter on land or inspect any structure to ensure compliance with the provisions of this Code. These inspections shall be carried out during normal business hours unless the Code Inspector determines there is an emergency necessitating inspections at another time.

(4)

Enforcement Procedure. The provisions of this Code shall be enforced in accordance with the procedures in Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(D)

Remedies and Penalties

(1)

General. The Director may use any combination of the following remedies and enforcement powers to administer and enforce this Code, in addition to remedies and enforcement powers authorized by Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(2)

Civil Remedies

(a)

Issuance of Stop Work Order. Whenever construction, demolition, renovation, alteration, or repair of a structure—or work involving landscaping or trees—is being conducted in violation of any applicable provision of this Code, the Chief Building Official may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

(b)

Revocation of Permit or Approval. The City Manager may revoke any development permit or approval by written notice to the holder when false statements or misrepresentations were made in securing the development permit or approval, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Code, or a development permit or approval has been mistakenly granted in violation of this Code.

(c)

Denial or Withholding of Related Permits. The City Manager may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid.

(d)

Citations and Civil Penalties. The City may issue citations and impose civil penalties in accordance with the procedures and standards in Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(e)

Injunction. In accordance with Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code, the City may seek injunctive relief where the Special Magistrate believes a violation presents a serious threat to the public health, safety, and welfare.

(f)

Order of Abatement

(i)

In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

That buildings or other structures on the land be closed, demolished, or removed;

That fixtures, furniture, or other moveable property be moved or removed entirely;

That improvements, alterations, modifications, or repairs be made;

That removed trees be replaced; or

That any other action be taken as necessary to bring the land into compliance with this Code

(ii)

The City may execute an Order of Abatement.

(g)

Equitable Remedy. The City may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the City's application for equitable relief.

(3)

Criminal Penalties. Any person violating any of the provisions of this Code or who fails to abide by or obey all orders and resolutions promulgated as herein provided, shall be guilty of a misdemeanor of the second degree, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Fines and liens may be imposed by the Special Magistrate in accordance with Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(4)

Cumulative Remedies and Penalties. The remedies and penalties provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

10-5.6 - Review Authorities

This section identifies the roles and responsibilities of City staff and City boards involved in the review of development applications.

(A)

City Staff

(1)

Community Development Director

(a)

General. The Community Development Director (Director) is the City official responsible for administering provisions of this Code. The Director may delegate any review or decision-making authority to any management staff in the Community Development Department and may delegate clerical authority to any staff in the Community Development Department.

(b)

Powers and Duties

(i)

Review of Development Applications. The Director shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(ii)

Other Powers and Duties. The Director shall have the following additional powers and duties under this Code:

To conduct pre-application conferences (§ 10-5.3(B));

To serve as Chair of the Development Review Committee and participate in the review of development applications as a member of the Committee;

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

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

To monitor the impact of existing and committed development on public facilities subject to levels of service standards (concurrency monitoring);

To maintain the official Zoning Map and related materials;

To serve as professional staff to the Planning Board and City Commission;

To assist in enforcing this Code in accordance with §10-5.5, Enforcement;

To interpret the provisions of this Code in accordance with the standards in Article 6, Rules of Construction and Definitions;

To provide expertise and technical assistance to the City's review and decision-making bodies on request;

To maintain on file a record of all development applications reviewed under this Code and make copies available on request through the City's Public Record request process;

To assist the Planning Board in preparing and maintaining the Comprehensive Plan; and

To perform such other functions specified in Division 2 (Community Development), Article IV (Departments) of Chapter 2 (Administration) of the Municipal Code.

(2)

Chief Building Official

(a)

General. The Chief Building Official is the City official responsible for reviewing building plans for compliance with the Building Code, including review and deciding applications for a Building Permit (§10-5.4(N)) and a Certificate of Occupancy (§10-5.4(O)). The Chief Building Official may delegate any review or decision-making authority to any professional-level staff in the Building Department and may delegate clerical authority to any staff in the Building Department.

(b)

Powers and Duties. In addition to the powers authorized by the Building Code, the Chief Building Official shall have the following powers and duties under this Code.

(i)

Review of Development Applications. The Chief Building Official shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(ii)

Other Powers and Duties. The Chief Building Official shall have the following additional powers and duties under this Code:

To participate in the review of development applications as a member of the Development Review Committee;

To assist the Director in establishing requirements for the contents of development applications reviewed under this Code, on request;

To assist the Director in developing and maintaining an administrative manual, on request;

To assist in enforcing this Code in accordance with §10-5.5; and

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

(3)

Development Review Committee

(a)

General. The Development Review Committee (DRC) is an advisory group of City staff members and outside agencies (as necessary) who meet to review and comment on major development applications and discuss other matters related to the City's review and management of development.

(b)

Powers and Duties

(i)

Review of Development Applications. The Development Review Committee shall have the review authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(ii)

Other Powers and Duties. The Development Review Committee shall have the following additional powers and duties under this Code:

Provide expertise and technical assistance to the City's review and decision-making bodies on request; and

Review and comment on proposed amendments.

(iii)

Membership

The Development Review Committee shall consist of the Director and the City Engineer, plus representatives from each of the following City or County departments and divisions typically involved with review of development, as designated by the head of the department or division:

Community Development Department, Planning and Zoning Division;

Public Services Department;

Building Department;

Fire Rescue Department; and

Broward County Sheriff's Office, at the Director's discretion.

On request by the Director, representatives from other City departments or divisions (e.g., Code Enforcement Division, Parks and Recreation Department) and from outside regulatory agencies, service providers, and organizations generally involved with development review or commonly affected by development in Tamarac may participate in committee meetings.

(iv)

Chair and Vice-Chair. The Director or designee shall serve as Chair of the Development Review Committee, and shall schedule meetings, coordinate committee activities, preside over committee meetings, prepare committee reports, and serve as liaison to the departments and agencies involved for clarification of issues and resolution of conflicts. The City Engineer or designee shall serve as Vice-Chair, and shall preside over board meetings in the absence of the Chair.

(v)

Meetings

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

The Chairperson of the Development Review Committee may invite applicants to attend Development Review Committee meetings as necessary to answer questions from, or provide clarifications requested by, Development Review Committee members.

Development Review Committee meetings are open to the public.

(4)

City Attorney

(a)

General. The City Attorney is appointed by the City Commission and serves as its legal advisor.

(b)

Powers and Duties. In addition to the authority and duties conferred by general law and the City Commission, the City Attorney shall have the following powers and duties under this Code:

(i)

To review and approve as to form all written findings of fact, conclusions of law, development permits, ordinances, and other documents drafted by the City Commission, Planning Board, Development Review Committee, Director, and City departments in connection with any requirement of this Code;

(ii)

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

(iii)

To assist the Director in interpreting the provisions of this Code;

(iv)

To assist in enforcing this Code and in prosecuting actions against violators in accordance with §10-5.5; and

(v)

To counsel the City Commission, Planning Board, Director, and City departments in the review of development applications and the general implementation of this Code.

(5)

Special Magistrate. In accordance with Division 2 (Code Enforcement Board) of Chapter 2 (Administration) of the Municipal Code, the Special Magistrate is established to provide an equitable, expeditious, effective, and inexpensive method of enforcing all City building codes and ordinances, including this Code. The Special Magistrate is appointed by the City Commission and is authorized to hold administrative hearings on alleged violations of City building codes and ordinances referred to it by inspectors and other City staff, and to assess fines against the violators.

(B)

Planning Board

(1)

Establishment and Designation as Local Planning Agency. The Planning Board is hereby established in accordance with State law and designated the local planning agency as provided for by the Community Planning Act.

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the Planning Board shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The Planning Board shall have the review and recommendation authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

Other Powers and Duties

(i)

LDC Amendment, Implementation, and Enforcement. The Planning Board shall advise and make recommendations to the City Commission concerning proposed revisions to, or issues concerning the implementation and enforcement of, the provisions of this Code.

(ii)

Comprehensive Plan. The Planning Board shall:

Prepare a Comprehensive Plan in accordance with the Community Planning Act, and make recommendations to the City Commission regarding adoption of the Plan; and

Monitor and oversee the effectiveness and status of the Comprehensive Plan and submit periodic reports on the Plan to the City Commission as required by Florida Statutes.

(iii)

Other. The Planning Board shall:

Have all other powers and duties of a planning board as provided by the Community Planning Act.

Have any other powers and duties delegated to it by the City Commission, consistent with State law.

(c)

Membership, Appointment, and Terms of Office

(i)

Membership and Appointment

The Planning Board shall consist of:

Five regular voting members appointed by the City Commission in accordance with subsection 2-56 et seq. of the Municipal Code;

Two alternate members appointed by a majority vote of the Mayor and Commissioners; and

One ex officio, non-voting member designated by the Broward County School Board in accordance with F.S. §163.3174.

Each member of the Planning Board shall be a resident of the city.

The Chair of the Planning Board shall assign alternate members, generally on a rotating basis, to serve as substitutes for regular members who are temporarily absent or disqualified. When substituting for a regular member, an alternate member shall have the same powers and duties as the replaced regular member.

The member designated by the School Board may participate in all matters related to land use and zoning matters which, if approved, would increase residential density.

Any interested citizen may be appointed to the Planning Board, but those with experience or interest in the following areas shall receive special consideration:

Architecture;

Law;

Land development;

Real estate development or sales;

Environmental science;

Urban planning;

Engineering; or

Activism in a neighborhood, condominium, or homeowners' association.

(ii)

Terms

Regular members of the Planning Board shall be appointed for four-year terms that are staggered to concur with the election of Commissioners for odd-numbered districts and Commissioners for even-numbered districts and the Mayor. Such terms shall coincide with the term of the nominating Commissioner and expire when that term expires or is vacated, or until a successor is appointed.

Alternate members of the Planning Board shall be appointed for four-year terms that concur with the election of the Mayor. Such terms shall coincide with the term of the Mayor and expire when that term expires, or until a successor is appointed.

(iii)

Attendance. A Planning Board member may be removed and replaced for absenteeism from regular Board meetings in accordance with §2-31 of the Municipal Code.

(iv)

Removal of Board Members. Notwithstanding anything in this subsection to the contrary, any member of the Planning Board may be removed in the manner prescribed by F.S. §163.180(2) or by four-fifths vote of the City Commission if no written notice or public hearing is granted to the member.

(d)

Staff. The Director or designee shall serve as the professional staff for the Planning Board and as the Board's secretary, providing it administrative support, notifying members of board meetings, and keeping the minutes of meetings.

(e)

Officers

(i)

The Planning Board shall elect a Chair and Vice-Chair from among its members in accordance with §2-31 of the Municipal Code.

(ii)

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

(f)

Meetings

(i)

Meeting Schedule. The Planning Board shall establish a schedule of regular meetings, including the date, time, and location of meetings. The Chair may adjourn a regular meeting on determining that there are no agenda items for consideration, and may call a special or emergency meeting in accordance with State law.

(ii)

Meeting Notice. Notice of all Planning Board meetings shall be provided in accordance with State law and the requirements in §10-5.3(F), Scheduling and Notice of Public Hearings.

(iii)

Open Meetings. All Planning Board meetings shall be open to the public in accordance with State law.

(iv)

Meeting Procedure. In conducting its meetings, the Planning Board shall follow Robert's Rules of Order, Newly Revised, consistent with the procedural requirements of this Code and State law.

(v)

Meeting Record. The Planning Board shall keep full and accurate minutes of its meetings in accordance with State law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with State law.

(vi)

Quorum and Vote

Quorum. A majority of the Planning Board's regular membership shall constitute a quorum. No official business of the Board shall be conducted without a quorum present.

Voting. The concurring vote of a majority of Planning Board members present and constituting a quorum shall be required for all decisions of the Board, other than to adjourn a meeting for lack of a quorum.

(g)

Conflict of Interest and Code of Ethics. Planning Board members are subject to the Tamarac Conflict of Interest Ordinance and the City of Tamarac Code of Ethics for Public Officers (Article V (Conflicts of Interest) and XI (Code of Ethics) of Chapter 2 (Administration) of the Municipal Code.

(C)

City Commission

(1)

General. The City Commission is the governing or legislative body of the City and has sole authority to adopt or amend provisions in this Code and the Zoning Map.

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the City Commission shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The City Commission shall have the review and decision-making authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

Adopt Schedule of Development-Related Fees. The City Commission is authorized to adopt, by resolution, a schedule of fees governing the review of development applications and plans, inspections, and other matters involving the administration and enforcement of this Code.

(c)

Adopt Schedule of Civil Penalties. The City Commission is authorized to adopt, by resolution, a schedule of civil penalties for violations of this Code.

(d)

Other Actions. The City Commission is authorized to take any other action not assigned or delegated to the Director, Planning Board, or other advisory or decision-making authority as the City Commission deems desirable and necessary to implement provisions of this Code, and as authorized by State law.

(D)

City Engineer

(1)

General. The City Engineer is the City official responsible for reviewing engineering plans for compliance with the Standard Details minimum engineering standards and City Code, including review and deciding applications for Improvement Permits. City Engineer may delegate any review or decision-making authority to any professional-level staff in the Public Service Department and may delegate clerical authority to any staff in the Public Service Department.

(2)

Powers and Duties. In addition to the powers authorized by this Code, the City Engineer shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The City Engineer shall have the review, recommendation, and decision-making authority and responsibilities shown in Table 10-5.3: Summary of Development Review Procedures.

(b)

Other Powers and Duties. The City Engineer shall have the following additional powers and duties under this Code:

(i)

To participate in the review of development applications as a member of the Development Review Committee;

(ii)

To assist the City Manager in establishing requirements for the contents and format of development applications reviewed under this Code, on request;

(iii)

To assist the City Manager in developing and maintaining an administrative manual, on request;

(iv)

To assist in enforcing this Code in accordance with Sec. 10-5.6:; and

(v)

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

10-5.7 - New Development impact fees

(A)

Procedural and Administrative Requirements.

(1)

Purpose and Authority.

(a)

The City Commission of the City of Tamarac recognizes that growth and development in the City will require that the capacity of the City's public facilities be expanded in order to maintain adequate levels of service, and that without a funded program for public facility improvements, new growth and development will have to be limited in order to protect the health, safety and welfare of the citizens of the City of Tamarac.

(b)

The City Commission has completed a study establishing the type, amount and cost of projected public facility improvements needed to serve new growth and development.

(c)

The purpose of this section is to ensure that new growth and development that is approved by the City pays a fair share of the costs of public facilities needed to serve new growth and development.

(d)

This section, which requires new development to pay reasonable impact fees, requires new development to pay its pro rata share of the reasonably anticipated expansion costs of new public facilities created by new growth and development, which is the responsibility of the City in order to carry out its Comprehensive Plan, as amended, and adopted under F.S. § 163.3161, et seq., and is in the best interest of the public health, safety, and welfare.

(e)

The City of Tamarac has determined that it is in the best economic interests of the citizens of the City to ensure that certain forms of development be exempt from the requirements of payment of certain impact fees.

(f)

The technical data, findings and conclusions herein are based on the Comprehensive Plan, as amended, the 2019 Impact Fee Study (the "Technical Report"), and other studies and reports.

(2)

Adoption of Technical Report as Basis of Impact Fees.

The City hereby adopts and incorporates by reference, the report entitled "City of Tamarac Impact Fee Study," prepared by Tindale-Oliver, and dated October 18, 2019 (referred to herein as the "Technical Report), which, among other things, supports the amounts and reasonableness of the impact fees imposed by this section.

(3)

Interpretations of Sections and fee schedule.

Interpretation of the provisions of this section shall be made by the City Manager or the City Manager's designee.

(4)

Effect on other regulations and requirements.

(a)

This section may not be construed to alter, amend, or modify any other provision of the City's Land Development Code and Code of Ordinances. Other provisions of the City's Land Development Code and Code of Ordinances shall be operative and remain in full force and effect notwithstanding any contrary provisions, definitions, or intentions that are or may be expressed or implied in this section.

(b)

The payment of impact fees shall not entitle the applicant to a building permit unless all other applicable land use, land development, zoning, planning, concurrency, and other applicable requirements, standards, and conditions have been met. Such other requirements, standards, and conditions are independent of the requirement for payment of impact fees required by this section.

(c)

This section, including the specific impact fee ordinances for particular public facilities, shall not affect, in any manner, the permissible use of property, density or intensity of development, design and improvement standards, or other applicable standards or requirements of the Land Development Code.

(B)

Definitions.

Article 6 Rules of Construction and definitions shall apply to this section. However, the following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Developer. For purposes of this section means a person, corporation, organization, or other legal entity undertaking development.

Development. For purposes of this section means any new residential or nonresidential construction or expansion of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land use that will generate additional impact on the city's public facilities.

Encumbered means legally obligated or otherwise committed to use by appropriation or contract.

Essential public services means services or buildings owned, managed, or operated by or in the interest of a governmental entity, which provides a function critical to the health, safety, and welfare of the public, but which is not proprietary in nature. Essential public services may specifically include, but not be limited to, public schools (including charter schools), water and sewer services, emergency services, publicly-owned housing, public safety facilities and services.

Fair share means that share or portion of the cost of public facility improvements which is reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction.

Fee payer means a person undertaking development who pays a fair share impact fee in accordance with the terms of this section.

Governmental facilities means the land and buildings as may be necessary to meet the needs for City administration which are created by new development, including those costs which are incidental to the above.

Governmental facilities capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded governmental facilities, which have a life expectancy of three or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs but do include the following costs as they relate to the provision of governmental facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, new drainage facilities in conjunction with new buildings and structures, and site improvements required in accordance with the Comprehensive Plan or Land Development Code;

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing; and

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Impact fee means a fee imposed pursuant to this section.

Impact fee account means an account established by the City for the purpose of segregating impact fee revenues collected for a particular public facility from all other City funds.

Level of service is a measure of the availability and accessibility of public facilities in support of public facility services.

Multimodal fee means a fair share impact fee, imposed by this section, necessary to mitigate the multimodal capital costs to the City to provide the multimodal facilities needed to offset the impacts of new residential and nonresidential growth in the City.

Multimodal facilities means transportation and transit facilities, including land, which are planned and designed to provide off-site transportation capacity to new development, in contrast to "on-site" improvements, which are necessary to provide safe and/or efficient access to a particular development. The fact that either type of improvement may have incidental benefits of special or general character shall not be considered in determining which facilities are considered a multimodal facility. The character of the improvement shall control a determination of whether an improvement meets the definition of multimodal facility and the physical location of the improvement on or off-site shall not be considered determinative.

Multimodal capital costs include, but are not limited to, costs associated with the planning, design and construction of new or expanded roadway improvements to the City's classified road system and transit facilities which have a life expectancy of three or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs, but do include the following costs as they relate to the provision of multimodal improvements to the City's classified road system and transit facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of all construction, including new through lanes, new turn lanes, new bridges, new drainage facilities in conjunction with roadway improvements which add capacity to the roadway system, new street lighting, new traffic signalization and landscaping, and new curbs, sidewalks, medians and shoulders, all in accordance with the Comprehensive Plan or Land Development Code;

(5)

The costs of transit improvements, including bus shelters, bus stops, benches, transfer stations, and fleet vehicles;

(6)

The cost of bike paths and pedestrian walkway improvements within planned roadway alignments;

(7)

The cost of relocating utilities to accommodate new roadway construction;

(8)

The cost of planning, engineering and legal services;

(9)

The cost of all land surveying, and soils and materials testing; and

(10)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Non-commencement means the cancellation of construction activity making a material change in a structure, or the cancellation of any other development activity making a material change in the use or appearance of land.

Public facilities means capacity-adding multimodal facilities, parks and recreation facilities, and governmental facilities for which impact fees are collected pursuant to this section.

Public facilities capital costs include governmental facilities capital costs, parks and recreation facilities capital costs, and multimodal capital costs.

Parks and recreation facilities means the land, buildings, structures, equipment and facilities as may be necessary to meet the needs for the City parks and recreation system, which are created by new development, including those costs which are incidental to the above.

Parks and recreation facilities capital costs include, but are not limited to, capital costs associated with the planning, design and construction of new or expanded parks and recreation facilities which have a life expectancy of three or more years, and the land acquisition, land improvement, design, and engineering related thereto. Such costs do not include routine and periodic maintenance expenditures or personnel, training, or other operating costs, but do include the following as they relate to the provision of parks and recreation facilities:

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of new equipment;

(5)

(6)

The cost of relocating utilities to accommodate new construction;

(7)

The cost of planning, engineering and legal services;

(8)

The cost of all land surveying, and soils and materials testing; and

(9)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Technical report means the "City of Tamarac Impact Fee Study," prepared by Tindale-Oliver, and dated October 18, 2019.

(C)

Applicability of This Section.

(1)

Affected Area.

This section shall apply to all new development within the City. Impact fees for particular public facilities may apply to less than the entire City, only as indicated specifically in this section.

(2)

Type of Development Affected.

Except where specifically exempt by the provisions of this section, this section shall apply to all new development.

(3)

Type of Development Not Affected.

The following types of development shall be exempt from the payment of impact fees pursuant to this section:

Any development for which a building permit for vertical construction of residential units or nonresidential structure or building is filed prior to the date set for the imposition of impact fees by the City;

Alterations or expansion of an existing dwelling unit where no additional units are created, and the use is not changed;

For multimodal fees, the construction of accessory buildings or structures which will not increase the traffic counts associated with the principal building or structure or the land;

For parks and recreation, and governmental facilities impact fees, the construction of accessory buildings or structures which will not increase the number of individuals living or working in the principal building or structure or the land;

The replacement of a destroyed or partially destroyed building or structure, with a new building or structure of the same size and use;

(a)

The construction of agricultural structures;

(b)

Temporary uses; and

(c)

Essential public services.

(4)

Reductions.

Reductions from the requirement to pay impact fees pursuant to this section shall be granted only as specifically provided in this section.

(D)

Collection of Impact Fees; Fair Share Agreements; When Not Paid By Mistake or Inadvertence; Liens.

(1)

Collection. Impact fees required by this section shall be assessed against new development and collected in full at the time of the issuance of a building permit by the City. The City may withhold the issuance of a TCO or CO until the applicant has paid in full the applicable impact fees imposed by this section. The obligation for payment of assessed impact fees shall run with the land. The City may authorize the payment of impact fees at another point in the development of the property only pursuant to a fair share fee agreement as provided in this section. The City Commission may establish and collect an administrative charge (which will be limited to actual costs) to offset its actual costs of impact fee collection by adoption of a resolution.

(2)

Fair share fee agreements. At any time prior to the issuance of a building permit, the owner of property may enter into a fair share fee agreement with the City providing for payment of impact fees imposed by this Section. Such fee agreement may provide for installment payments of the fee for a term not to exceed 12 months, credit and security arrangements acceptable to the City and other matters relating to the fee. Within 14 days after execution by the City, the fair share fee agreement shall be recorded in the Broward County public records.

(3)

Collection of fees when not paid by inadvertence; liens. If the impact fees are not paid as required by this section prior to the issuance of a certificate of occupancy because of mistake or inadvertence, the City shall proceed to collect the impact fees as follows:

(a)

The City shall serve, by certified mail, return receipt requested, an impact fee statement notice upon the applicant at the address set forth in the application for building permit, and the owner at the address appearing on the most recent records maintained by the property appraiser of Broward County. The City also shall attach a copy of the impact fee statement notice to the building permit posted at the affected construction site if the building is under construction. Service of the impact fee statement notice shall be deemed effective on the date the return receipt indicates the notice was received by either the applicant or the owner or the date said notice was attached to the building permit, whichever occurs first.

(b)

The impact fee statement notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(i)

The amount due and the general purpose for which the impact fee was imposed.

(ii)

That the impact fee shall be delinquent if not paid and received by the City within 60 calendar days of the date the impact fee statement notice is received, excluding the date of receipt, and, upon becoming delinquent, shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid;

(c)

That in the event the impact fee becomes delinquent a lien against the property for which the building permit was secured shall be recorded in the Official Records Book of Broward County. The impact fee shall be delinquent if, within 60 calendar days from the date of the receipt of the impact fee statement notice by either the applicant or the owner, or the date said notice was attached to the building permit, neither the impact fees have been paid and received by the City, nor a hearing requested pursuant to the requirements above. In the event a hearing is requested, the impact fees shall become delinquent if not paid within 30 calendar days from the date the City Commission determines the amount of impact fees due upon the conclusion of such hearing. Said time periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of the earliest receipt of said impact fee statement notice or the hearing date of the City Commission's decision in the event of an appeal. In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a delinquency fee equal to ten percent of the total impact fee imposed shall be assessed. Such total impact fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar day basis, until paid.

(d)

Should the impact fee become delinquent, the City shall serve, by certified mail return receipt requested, a "Notice of Lien" upon the delinquent applicant if the building is under construction at the address indicated in the application for the building permit, and upon the delinquent owner at the address appearing on the most recent records maintained by the Property Appraiser of Broward County. The notice of lien shall notify the delinquent applicant and owner that due to their failure to pay the impact fee, the City shall file a Claim of Lien with the Clerk of the Circuit Court in and for Broward County.

(e)

Upon mailing of the notice of lien, the city attorney shall file a claim of lien with the Clerk of the Circuit Court in and for Broward County for recording in the Official Records of Broward County. The claim of lien shall contain the legal description of the property, the amount of the delinquent impact fees and the date of their imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The city attorney shall proceed expeditiously to collect or otherwise enforce said lien.

(f)

After the expiration of six months from the date of recording of the claim of lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. §§ 173.04—173.12, inclusive, which provisions are hereby incorporated herein in their entirety to the same extent as if such provision were set forth herein verbatim.

(g)

The liens for delinquent impact fees imposed hereunder shall remain liens, coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all other subsequently filed liens and claims, until paid as provided herein.

(h)

The collection and enforcement procedures set forth in this section shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida. Failure of the City to follow the procedure set forth in this section shall not constitute a waiver of its rights to proceed under any other ordinances or administrative regulations of the City or any applicable law or administrative regulation of the State of Florida.

(E)

Individual Assessment of Impact Fees.

(1)

Any applicant prior to or in conjunction with the submission of an application for a building permit or within 30 days of the date of payment of impact fees, may petition the city manager for a determination that: i) the amount of the impact fees imposed on the new development is inappropriate based on the specific land use category applied to the residential or nonresidential development and/or based on the amount of development used to calculate the impact fees and/or based on the service units, as identified in the technical report, to be generated by the applicant's new development as documented by studies and data supported by qualified experts, or ii) the impact fees are otherwise unlawfully imposed. The petition shall specify in detail the basis on which the applicant asserts that the amount of the impact fees is inappropriate or unlawful.

(2)

The petition shall be on a form provided by the city and shall, at a minimum, include: identification of the disputed factor(s), a detailed statement asserting the basis for the dispute, the data relied upon by the petitioner, a detailed statement by a qualified professional engineer, planner or other appropriate professional, and, if filed after payment of impact fees, a dated receipt for payment of the impact fees issued by the city's building department. The applicant/petitioner shall be responsible for all costs incurred by the city in reviewing and evaluating the petition, including, but not limited to, staff time and costs of outside consultants used at the discretion of the city. Failure to timely file a petition for impact fee determination shall waive any right to challenge, review or recalculate the impact fee payment.

(3)

Within 15 business days of receipt of an individual assessment analysis, the city manager or his/her designee shall determine if the individual assessment analysis is complete. If the city manager or his/her designee determines the application is not complete, he or she shall send a written statement specifying the deficiencies by mail to the person submitting the application. Until the deficiencies are corrected, the city manager or his/her designee shall take no further action on the application.

(4)

When the city manager or his/her designee determines the individual assessment analysis is complete, he or she shall review it within 30 business days. The city manager or his/her designee shall approve the proposed fee if he or she determines that the data, factors, and methodology used to determine the proposed impact fee are professionally acceptable and fairly assess the costs for capital improvements to the city's public facilities systems that are necessitated by the proposed development if the facilities are to be maintained at adopted levels of service. If the city manager or his/her designee determines that the data, factors, or methodology are unreasonable, the proposed fee shall be denied, and the developer shall pay the impact fees according to the schedule established in 10-5.7(K) of this section or as set by the city manager or his/her designee, if the use had not previously been identified in the fee schedule.

(5)

Any applicant may appeal the city manager's or his/her designee's decision on an individual assessment analysis by filing a petition to the City Commission of the City consistent with 10-5.7(J).

(F)

Credits.

(1)

Any person who initiates any development may apply for a credit against the impact fees imposed by this section for any contribution, payment, construction, or dedication of land accepted and received by the City for public facilities, not otherwise required in order to obtain development approval, consistent with the Comprehensive Plan, including all public facilities capital costs.

(2)

No credit shall exceed the impact fee imposed by this section for the proposed development, unless the applicant provides public facility capacity in excess of the fair share demand created by its proposed development.

(3)

Development agreements entered into prior to the adoption of this section which contained public facility improvements may be entitled to a credit under the provisions of this section if the improvement is a public facility and is consistent with the Comprehensive Plan.

(4)

Except as limited above, if an applicant is entitled to a credit, such credit shall be equal to the dollar value of the cost of the public facilities contributed, paid for, constructed, or dedicated to the city, based on the following criteria:

(a)

The actual cost, or estimated cost of improvements based on recent bid sheet information of the city; and

(b)

A qualified appraisal of the fair market value of any land.

(5)

The property owner shall initiate a determination of entitlement to credit by submitting a proposed credit agreement to the city manager or his/her designee. The credit agreement shall include the following information:

(a)

A proposed plan of specific public facility improvements, prepared and certified by a duly qualified and licensed Florida engineer; and

(b)

The estimated costs for the suggested public facilities improvements consistent with the definition of public facilities capital costs, which shall be based on local information for similar public facilities improvements, along with a construction timetable for the completion of such improvements.

(6)

The proposed credit agreement shall be prepared by qualified professionals in the field of planning and engineering, impact analysis, and economics, as related to the particular impact fee to be credited.

(7)

Within 15 business days of receipt of the proposed credit agreement, the city manager or his/her designee shall determine if the proposal is complete. If it is determined that the proposed credit agreement is not complete, the city manager or his/her designee shall send a written statement to the applicant outlining the deficiencies. The city manager or his/her designee shall take no further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.

(8)

Once the city manager or his/her designee determines the credit agreement is complete, he or she shall review it within 30 business days, and shall recommend to the City Commission that the proposed credit agreement be approved if it is determined that the proposed public facility improvement is consistent with the Comprehensive Plan, and the proposed costs for the suggested public facility improvement are professionally acceptable and fairly assess the cost for the capital improvement. If the city manager or his/her designee determines that either the suggested public facilities improvement is not consistent with the Comprehensive Plan or that the proposed costs are not acceptable, he or she shall propose a suggested public facility improvement similar to that proposed, but consistent with the provisions of this section.

(9)

If the proposed credit agreement is approved by the City Commission, a credit agreement shall be prepared and signed by the applicant and the City. The credit agreement shall specifically outline the public facility improvement that will be constructed by the applicant, the time by which it shall be completed, and the dollar credit the applicant shall receive for construction of the public facilities improvement.

(10)

Within 14 days after execution by the city, the credit agreement shall be recorded in the Broward County public records.

(11)

If the City increases its impact fee rates, the holder of any impact fee credits, whether such credits are granted under F.S. §§ 163.3180 or 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. This subsection (F) shall operate prospectively and not retrospectively.

(G)

Use of Funds Collected; Impact Fee Accounts.

(1)

Impact fees collected pursuant to this section shall be used solely for the purpose of acquisition, expansion, and development of the public facilities identified in the Comprehensive Plan, the need for which results from and the provision of which will benefit new development paying impact fees. Allowable expenditures include, but are not limited to:

(a)

Public facilities and public facilities capital costs identified in the Comprehensive Plan to benefit new users;

(b)

Repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund the acquisition, expense and development of the public facilities identified in the Comprehensive Plan where the use of the monies is reasonably connected to, or has a rational nexus with, the increased impact on the public facilities generated by the new residential or nonresidential construction;

(c)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to provide funds for acquisition, expansion and development of public facilities identified in the Comprehensive Plan;

(d)

Administration of the City's impact fee program to the extent that such administration costs do not exceed actual costs of such administrative activities.

(2)

Impact fees collected shall be encumbered for the construction of public facilities within seven years of the date of collection.

(3)

In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of public facilities necessary to offset the impacts of new development, the following provisions apply:

(a)

The City shall establish and maintain separate impact fee accounts for each public facility for which an impact fee is collected, in accordance with the provisions of this section.

(b)

Impact fees shall be spent solely for the public facility category for which they were collected.

(c)

Any amounts in an impact fee account not immediately necessary for expenditure shall be invested in an interest bearing account and all interest income derived from such investments shall be deposited in the impact fee account.

(4)

Impact fee revenues shall remain segregated from other City funds and only impact fees and accrued interest shall be maintained in the impact fee accounts.

(5)

Amounts withdrawn from an impact fee account must be used solely in accordance with the provisions of this section. Amounts on deposit in an impact fee account shall not be used for any expenditure that would be classified as a maintenance, operations, or repair expense or to address existing deficiencies in public facilities.

(H)

Refunds.

(1)

Any impact fee collected may be returned to the fee payer if the approved development is canceled due to non-commencement of construction before the funds have been spent or encumbered. Refunds may be made in accordance with this section provided the present owner of the approved development files a petition for a refund within six months from the date of non-commencement.

(2)

In the absence of a fair share fee agreement and in the event impact fees are not encumbered within seven years from the date of collection, the City shall refund the amount of the fee along with accrued interest to the owner of the land for which the fee was collected. For purposes of refunds, the owner of the land for which an impact fee was paid shall be the owner of record at the time that the refund is paid. The owner of the property on which an impact fee has been paid shall have standing to sue for a refund under the provisions of this section. No action shall be commenced after one year after the date of expiration of the required encumbrance date.

(3)

A refund application shall include the following information:

(a)

A notarized sworn statement that the fee payer paid the impact fee for the property and the amount paid;

(b)

A copy of the dated receipt issued by the City for payment of the fee;

(c)

A certified copy of the latest recorded deed for the property; and

(d)

A copy of the most recent ad valorem tax bill.

(4)

Within 15 business days of receipt of a refund application, the city manager or his/her designee shall determine if it is complete. If the city manager or his/her designee determines the refund application is not complete, he or she shall send a written statement specifying the deficiencies by mail to the person submitting the refund application. Unless the deficiencies are corrected, the city manager or his/her designee shall take no further action on the refund application.

(5)

When the city manager or his/her designee determines the refund application is complete, he or she shall review it within 30 business days and shall approve the proposed refund if he or she determines that the City has not spent or encumbered an impact fee within seven years from the date the fees were paid.

(6)

When the refund application is approved, the money shall be returned with interest actually accrued, less any administrative charges (which will be limited to actual costs) paid to offset the City's costs of collection.

(7)

Any fee payer may appeal the city manager's or his/her designee's written decision on a refund application by filing a petition with the City Commission consistent with 10-5.7(J).

(I)

Updating, Indexing, Annual Reporting, and Audits.

(1)

At least once every five years, the City shall update the technical report which provides the basis for the impact fees imposed under this section.

(2)

During years when no update occurs, as required above, and beginning in the year 2021, the impact fee schedule set forth in this section shall be adjusted annually to account for inflationary increases in the costs to the City for providing public facilities to new development. These annual adjustments shall be consistent with the methodology set forth in the technical report and shall be based on the Construction Cost Index calculated by the Engineering News-Record (ENR), the Broward County Property Appraiser, the U.S. Department of Labor Consumer Price Index, and Florida Department of Transportation databases, as applicable and appropriate to a particular public facility.

(3)

Audits of the city's financial statements, which are performed by a certified public accountant pursuant to F.S. § 218.39, and submitted to the auditor general, must include an affidavit signed by the finance director, stating that the City has complied with the requirements of F.S. § 163.31801. The City will provide for annual accounting and reporting of impact fee collections and expenditures and will account for the revenues and expenditures of such impact fee in a separate accounting fund.

(4)

All updates and annual adjustments to this section shall comply with statutory requirements for notice and publication.

(J)

Appeals.

(1)

Initiation. A fee payer may appeal a final decision of a city manager made pursuant to this section or any provision of this section to the City Commission, by filing an appeal, in writing, with the city clerk, within 20 calendar days of the decision. The appeal shall include a written notice stating and specifying briefly the grounds of the appeal. The city clerk shall place the appeal on the City Commission's agenda for a regularly scheduled meeting or a special meeting called for that purpose and forward the record of the matter that is on appeal to the City Commission.

(2)

Record. The record considered by the City Commission shall be the record of the application associated with the final decision being appealed from and any other documents related to the decision.

(3)

Notice. The city clerk shall provide the applicant at least 15 calendar days' notice of the appeal before the City Commission by mail or hand delivery.

(4)

Hearing on Appeal. At the hearing on the appeal, the City Commission shall provide the appellant an opportunity to identify the grounds for the appeal and the basis for the city manager's alleged error on the decision, based on the record. To the extent relevant, the city manager whose decision is being appealed from shall be allowed to respond, based on the record. After the presentations, the City Commission may hear from any other person(s) it deems appropriate, and then based on the testimony heard at the hearing and the record affirm, modify, or reverse the decision of the city manager or the provision of this section.

(5)

Standards. To reverse a decision of a city official, the City Commission shall find that there is a clear and demonstrable error in the application of the facts in the record to the applicable standards set forth in this section. If the City Commission reverses or modifies the decision, it shall provide the city official clear direction on the proper decision. In no case shall the City Commission have the authority to negotiate the amount of the impact fees or waive the impact fees otherwise specified in this section. The decision of the City Commission shall be final.

(6)

Form of Decision. The City Commission's decision on the appeal shall be in writing and include findings of fact and the application of those facts to the relevant standards.

(K)

Imposition of Impact Fees by Public Facility.

The following impact fees are hereby levied at 50 percent of the total fee amount on all new development, as set forth in §10-5.7(C):

Impact Fee Schedule
(Government Facilities, Parks and Recreation, Transportation)

Land Use	Impact Unit	Govt. Facilities	Parks and Rec.	Multi-Modal Transp. (Local)	Total Fee	50% of Fees
Single Family (2,000 sq ft)	du	$1,375	$4,963	$1,880	$8,218	$4,109
Multi-Family*	du	$916	$3,468	$1,352	$5,736	$2,868
Light Industrial	1,000 sf	$409	n/a	$848	$1,257	$629
Office Building	1,000 sf	$728	n/a	$1,668	$2,396	$1,198
Retail	1,000 sf	$1,235	n/a	$2,667	$3,902	$1,951
Bank w/Drive-Thru	1,000 sf	$1,219	n/a	$4,106	$5,325	$2,663
Fast Food Rest. w/Drive-Thru	1,000 sf	$7,936	n/a	$20,094	$28,030	$14,015

*Transportation = 1-2 floors

(1)

Governmental Facilities Impact Fee.

(a)

A governmental facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

There is hereby established a governmental facilities impact fee account into which all governmental impact fees collected shall be deposited. Governmental facilities impact fee revenues shall be spent only on governmental facilities and governmental facilities capital costs as provided in this section.

(2)

Parks and Recreation Impact Fee.

(a)

A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

There is hereby established a parks and recreation impact fee account into which all parks and recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues shall be spent only on parks and recreation facilities and parks and recreation facilities capital costs as provided in this section.

(c)

Reduction of part of parks and recreation impact fee: The City Commission may reduce the parks and recreation impact fee for a given development up to 50 percent if the City Commission determines that the private recreational space and facilities provided in the project are of such nature as to reduce substantially the project's impact upon the city's public need for expansion of the parks and recreation system. This reduction shall not exceed the actual cost of such private recreational space, or 50 percent of the parks and recreation levied impact fee, whichever is less.

(3)

Multimodal Transportation Impact Fee.

(a)

A multimodal transportation fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the following fee schedule.

(b)

Multimodal Transportation Impact Fee Account: There is hereby established a multimodal transportation fee account into which all multimodal transportation fees collected shall be deposited. Multimodal transportation fee revenues shall be spent only on multimodal transportation facilities and multimodal transportation capital costs as provided in this section.

(Ord. No. O-2020-001, § 2, 1-8-20; Ord. No. O-2020-007, § 2, 5-13-20)

Tamarac City Zoning Code

ARTICLE 5

- ADMINISTRATION

10-5.1 - Purpose and Organization.

This Article describes the procedures for review of all applications for land use and development activity in Tamarac.

(A)

§10-5.2, Summary Table of Development Review Procedures, lists the land use and development procedures in this Code.

(B)

§10-5.3, Common Review Procedures, describes standard procedures that generally apply to most types of development applications.

(C)

(D)

§10-5.5, Enforcement, identifies what constitutes a violation of this Code and sets forth procedures for enforcement, including remedies and penalties.

(E)

10-5.2 - Summary Table of Development Review Procedures.

Table 10-5.1: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide [ ] = Standard Public Hearing &lt?> = Quasi-Judicial Public Hearing
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Review Authorities
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Development Review Committee	Director	Planning Board	City Commission
Amendments
Comprehensive Plan Amendment -§10-5.4(B)	General	Required			R	[R]	[D]
Comprehensive Plan Amendment -§10-5.4(B)	Site-Specific	Required	Required		R	[R]	[D]
Establishment of Use—§10-5.4(C)		Required			R	[R]	[D]
Amendment to Text of Development Code—§10-5.4(D)		Required			R	[R]	[D]
Planned Development Plan/Agreement—§10-5.4(E)		Required	Required		R	[R]	[D]
Rezoning—§10-5.4(F)	General	Required			R	[R]	[D]
Rezoning—§10-5.4(F)	Site-Specific	Required	Required		R	<R>	<D>
Permits and Development Approvals
Special Exception—§10-5.4(G)					R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Major	Required	Required	C	R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Minor	Optional			D
Improvement Permit—§10-5.4(I)		Optional			D
Plat—§10-5.4(J)		Required		C	R	<R>	<D>
Temporary Use/Structure Permit—§10-5.4(K)		Optional			D
Sign Permit—§10-5.4(L)		Optional			D
Tree Removal License—§10-5.4(M)		See Broward County Tree Preservation and Abuse Ordinance
Building Permit—§10-5.4(N)		Optional			D
Certificate of Occupancy—§ 10-5.4(O)		Optional			D
Vacation of Easement		Optional					<D>
Relief Procedures
Administrative Adjustment—§10-5.4(P)		Required			D
Variance -§10-5.4(Q)		Required			R	<R>	<D>
Administrative Appeal—§10-5.4(R)		N/A				<D>
Other Procedures
Flex and Redevelopment Units and Acreage—§10-5.4(S)		Required			R	[R]	[D]
Newsrack Certificate of Compliance—§10-5.4(T)		Optional			D
Zoning in Progress Determination—§10-5.4(U)		Optional			R		D

(Ord. No. O-2021-020, § 4, 5-12-21; Ord. No. 2022-003, § 3, 3-23-22)

10-5.3 - Common Review Procedures

(A)

(B)

Pre-Application Staff Conference

(1)

(2)

(3)

Procedure. If a pre-application conference is held, whether it is mandatory or optional, it shall be scheduled and conducted in accordance with the following procedural provisions.

(a)

Request. An applicant shall submit a request for a pre-application conference to the Director.

(b)

(c)

(i)

(ii)

(d)

(4)

(C)

Pre-Application Neighborhood Meeting

(1)

(2)

(3)

Procedure. If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it shall comply with the following procedures:

(a)

Time and Place

(i)

The meeting shall be held after 5:00 P.M. on a weekday, on a date after the pre-application staff conference, and at least 21 days before the public hearing for the application.

(ii)

(b)

Notification

(i)

Mailed Notice

150 feet of the land subject to the application, for all other applications.

(ii)

(iii)

Notice Content. The notice shall state the time and place of the meeting, the general nature of the development proposal, and that the meeting is being hosted by the applicant.

(c)

(d)

(e)

(D)

Application Submittal, Acceptance, Revisions, and Withdrawal

(1)

Authority to Submit Applications

(a)

Unless expressly stated otherwise in this Code, applications reviewed under this Code shall be submitted by:

(i)

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

(ii)

(b)

(2)

(3)

Application Fees

(a)

(b)

(4)

(5)

Determination of Application Completeness

(a)

Completeness Review. On receiving a development application, the Director shall determine whether the application is complete. A complete application is one that:

(i)

(ii)

Is in the form required by the Administrative Manual for submittal of the particular development application; and

(iii)

Is accompanied by the fee established for the particular development application.

(b)

Application Incomplete

(i)

(ii)

(iii)

No development application shall be accepted for review until it is determined to be complete.

(c)

Application Complete. On determining that the application is complete, the Director shall accept the application for review in accordance with the procedures and standards of this Code.

(6)

Application Revisions

(a)

Revisions to Correct Compliance Deficiencies. An applicant may revise a development application after receiving notice of compliance deficiencies following staff review (see §10-5.3(E)(2)).

(i)

(ii)

(b)

(c)

(7)

Application Withdrawal

(a)

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written letter of withdrawal to the City Engineer.

(b)

(c)

Application fees shall not be refunded for withdrawn applications.

(E)

Staff Review and Action

(1)

(a)

In all other cases, the Director shall refer the application to the appropriate Development Review Committee members and other agencies deemed appropriate for review of the application.

(2)

Staff Review and Opportunity for Application Revision

(a)

(b)

(c)

(d)

(3)

Applications Subject to Staff Recommendation

(a)

(b)

(i)

Schedule and verify any required public notice of the meeting in accordance with §10-5.3(F), Scheduling and Notice of Public Hearings.

(ii)

Transmit the development application, related materials, and the staff memorandum to the appropriate advisory or decision-making body;

(iii)

Transmit a copy of the staff memorandum to the applicant; and

(iv)

(4)

Applications Subject to Staff Decision

(a)

(b)

(F)

Scheduling and Notice of Public Hearings

(1)

Scheduling

(a)

(b)

The public hearing shall be scheduled for a meeting that allows sufficient time for preparation of a staff memorandum and provision of the required public notice.

(2)

Table 10-5.2: General Notice Requirements
Application Type	Notice Timing Requirement
Application Type	Published Notices	Mailed Notices	Posted Notices
Comprehensive Plan Amendment: Small-Scale Development	Notice of City Commission public hearing at least 5 days before hearing date
Comprehensive Plan Amendment: Other than Small-Scale Development	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Establishment of Use	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Amendment to Text of Development Code to revise text other than the use tables in Article 3: Use Regulations	Notice of City Commission public hearing at least 10 days before hearing date
Amendment to Text of Development Code to revise use tables in Article 3: Use Regulations	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Planned Development Plan/Agreement	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed PD rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed PD rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
City-initiated General or Site-Specific Rezoning to reclassify 10 or more contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	• Mail notice of Planning Board public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning • Mail notice of City Commission public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning	• Post notice of Planning Board public hearing on site at least 15 days before hearing date • Post notice of first City Commission public hearing on site at least 15 calendar days before hearing date
City-initiated General or Site-Specific Rezoning to reclassify parcel(s) involving less than 10 contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
General or Site-Specific Rezoning initiated by any person other than the City	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Special Exception	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Site Plan Approval, Major	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Plat Approval	• Notice of Planning Board public hearing at least 7 days before hearing date • Notice of City Commission public hearing at least 5 days before hearing date
Vacation of Public Easement	• Notice of City Commission public hearing at least 15 days before hearing date
Variance or Appeal, as applicable	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	For applications for a variance or an appeal that pertains to a particular site, the applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	For applications for a variance or an appeal that pertains to a particular site, the applicant shall post notice of the Planning Board and City Commission public hearings on the site at least 15 days before the hearing dates
Flex and Redevelopment Units	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date

(3)

Notice Format and Content

(a)

Published and Mailed Notices

(i)

The Director shall determine the format and content of notices to be published and mailed.

(ii)

Required published and mail notices shall, at a minimum:

Identify the application type;

Describe the nature and scope of the proposed development or action;

Identify the location of land subject to the application;

Identify the date, time, and location of the hearing being noticed;

Identify where and when the application may be inspected by the public;

Advise that interested parties may appear at the hearing; and

Comply with any other notice content requirements established by State law.

(iii)

Published notices shall be published in a newspaper having general circulation in the city, and shall comply with the size and format requirements in F.S. §166.041.

(iv)

(b)

Posted Notices

(i)

(ii)

Required posted notices shall, at a minimum:

Identify the application type;

Identify the date, time, and location of the meeting being noticed;

Identify a telephone number from which more information may be obtained; and

Comply with any other notice content requirements established by State law.

(c)

(d)

(4)

(a)

(b)

(5)

(6)

(G)

Planning Board Review and Action

(1)

(a)

If the application is subject to a public hearing, the Planning Board shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

(c)

The Board shall clearly state the factors considered in making its recommendation, as well as the basis or rationale for the recommendation.

(d)

(e)

The Board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(f)

Staff, in consultation with the City Attorney, shall prepare a Board Order that is consistent with the Board's determination.

(2)

Revision of Application

(a)

(b)

(H)

City Commission Review and Decision

(1)

(a)

If the application is subject to a public hearing, the City Commission shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

(c)

The City Commission shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision.

(d)

(e)

The Commission shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(2)

Conditions of Approval. Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development.

(3)

(4)

Revision of Application

(a)

(b)

(I)

Public Hearing Procedures

(1)

(a)

(b)

(c)

The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

(d)

The Board or Commission may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

(e)

(2)

(a)

(i)

The affected party's name, address, and telephone number;

(ii)

An indication of how the affected party qualifies as an affected party;

(iii)

An indication of whether the affected party is for or against the application;

(iv)

The name, address, and telephone number of all witnesses expected to testify on behalf the affected party at the hearing; and

(v)

Copies of all documents, correspondence, memoranda, or other evidence the affected party intends to present at the hearing.

(b)

Order of Proceedings. To the extent possible, the following shall be the order of the proceedings:

(i)

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing and announce the matter to be heard and the rules concerning the admissibility of evidence.

(ii)

Swearing In or Affirmation of Witnesses. All persons who will testify at the hearing shall be sworn in or affirmed.

(iii)

(iv)

(v)

(vi)

Public Comments. Any person other the applicant or affected persons may be allowed to speak in support of or in opposition to the application.

(vii)

Response to Presentations

The applicant may respond to any testimony, documents, or materials presented by City staff, affected persons, or the public.

Affected parties may respond to any testimony, documents, or materials presented by City staff, the applicant, or the public.

City staff may respond to any testimony, documents, or materials presented by the applicant, affected persons, or the public.

(viii)

Conclusions. Affected persons, the applicant, and City staff may present brief conclusionary statements.

(ix)

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing. No further testimony shall be taken and no further questions may be asked of witnesses.

(c)

Evidence

(i)

(ii)

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient by itself to support a finding.

(iii)

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

(iv)

Statements of counsel shall only be considered as argument and not be considered as testimony.

(v)

The City Attorney shall represent the Planning Board or City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney in a timely fashion.

(vi)

(d)

(e)

(J)

Post-Decision Actions and Limitations

(1)

Notice of Decision

(a)

(b)

(2)

Appeal

(a)

(b)

A party aggrieved by final administrative decisions may appeal the decision in accordance with the procedures and standards in §10-5.4(R), Administrative Appeal.

(3)

Effect of Approval

(a)

Authorized Activity

(i)

(ii)

(b)

Expiration of Approval

(i)

General

A change in ownership of the land shall not affect the established expiration time period of an approval.

(ii)

(4)

(5)

Limitation on Subsequent Similar Applications

(a)

(b)

Prior Application Denial

(i)

(ii)

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

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

(Ord. No. O-2021-020, §§ 5, 6, 5-12-21)

10-5.4 - Application—Specific Review Procedures

(A)

(B)

Comprehensive Plan Amendment

(1)

Applicability

(a)

(b)

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

An application for a general Comprehensive Plan Amendment may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(g)

City Commission Review and Decision

(i)

(ii)

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment that reclassifies the area proposed to be reclassified to a more restrictive classification;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(iv)

In accordance with State law, an adopted Comprehensive Plan Amendment is subject to a final review by the State land planning agency and its acceptance of the amendment as compliant with State law.

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(3)

(a)

A change in projections or assumptions from those on which the Comprehensive Plan is based: Are public facilities and services available for the proposed use.

(b)

Is the plan amendment suitable for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources of the site;

(c)

Is the plan amendment the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan;

(d)

A change in the policies, objectives, principles, or standards governing the physical development of the City or any other geographic areas addressed by the Comprehensive Plan; or

(e)

Identification of errors or omissions in the Comprehensive Plan.

(C)

Establishment of Use

(1)

Applicability. This subsection applies to the establishment of uses not currently listed or addressed within this Code.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a standard public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

(iii)

The decision shall be one of the following:

Adopt the use as proposed;

Adopt a revised use (which may require a new public hearing);

Deny the establishment of use; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of an Establishment of Use authorizes the approved revisions to the text of this Code. Such approval does not itself authorize specific development activity.

(ii)

(iii)

(3)

Review Standards. In making an Establishment of Use interpretation, the City Commission shall consider its potential impacts, including but not limited to:

(a)

The nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage;

(b)

Anticipated employment;

(c)

Transportation requirements;

(d)

The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and

(e)

The general requirements for public utilities such as water and sanitary sewer.

(D)

Amendment to Text of Development Code

(1)

Applicability. The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Code.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

(ii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment (which may require a new public hearing);

Deny the amendment; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(3)

(a)

Is consistent with the Comprehensive Plan;

(b)

Conflicts with any other provisions of this Code or the Tamarac City Code;

(c)

Is required by changed conditions;

(d)

Addresses a demonstrated community need;

(e)

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

(f)

Would result in a logical and orderly development pattern; and

(g)

(E)

Rezoning to Planned Development District

(1)

Applicability

(a)

(b)

The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to the Planned Development (PD) zoning district established in Article 2.

(c)

(d)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(e)

Pre-Application Neighborhood Meeting. For all PD District Rezonings, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(f)

(i)

(ii)

(iii)

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

(g)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(h)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(i)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(j)

City Commission Review and Decision

(i)

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be designated;

Deny the amendment; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(k)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

The PD Plan/Agreement shall be binding on the landowners, their successors, and assigns, and shall constitute the development regulations for the land.

Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan/Agreement.

(ii)

(iii)

Recordation. The Director shall record the adopting ordinance and the PD Plan/Agreement with the Broward County Records Department at the expense of the applicant.

(2)

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(F)

Rezoning

(1)

Applicability

(a)

(b)

An application for Rezoning may be submitted and reviewed concurrently with an application for Flex/Redevelopment Unit Assignment.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. If the application is for a site-specific Rezoning, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

A general Rezoning application may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

(iii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(g)

City Commission Review and Decision

(i)

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of a Rezoning authorizes the approved revisions to the Zoning Map. Such approval does not itself authorize specific development activity.

(ii)

Expiration of Approval. A Rezoning does not expire, but shall remain valid unless and until the revised Zoning Map is subsequently amended in accordance with this subsection.

(3)

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(G)

Special Exception

(1)

(2)

Applicability

(a)

(b)

(3)

(a)

(b)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions; or

Recommend denial of the application.

(e)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(f)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

Minor Modifications Allowed

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(4)

Review Standards. A Special Exception application shall be approved only if the City Commission makes the following findings, based on competent substantial evidence in the record:

(a)

The proposed development will be consistent with the Comprehensive Plan;

(b)

The proposed development will comply with applicable zoning district, use, and development standards of this Code;

(c)

The proposed development will be compatible with the existing natural environment and community character of the properties within the immediate neighborhood;

(d)

The proposed development will be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare;

(e)

The proposed development will minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable;

(f)

(g)

The site area is sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use;

(h)

The Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active;

(i)

The Special Exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees only after the previous condition has been met; and

(j)

Any pre-existing code violations shall be satisfied before a certificate of occupancy is issued for the proposed use.

(H)

Site Plan Approval

(1)

(2)

Applicability

(a)

General

(i)

(ii)

(b)

Exemptions. The following development is exempt from the requirements of this subsection:

(i)

A change in use that does not involve or require other development (such as new or expanded structures, additional parking, etc.);

(ii)

Internal construction that does not increase gross floor area or building height, increase the density or intensity of use, or affect parking or landscaping requirements; and

(iii)

Construction of or addition to a single-family detached dwelling or a duplex dwelling, or a structure accessory to such a dwelling.

(c)

Major Site Plan Approval. Major Site Plan Approval is required for any of the following development, unless such development is exempted from Site Plan Approval under subsection (b) above:

(i)

New development or the expansion of existing development that proposes 15 or more new or added dwelling units;

(ii)

New development or the expansion of existing development that proposes 10,000 or more square feet of new or added gross floor area devoted to nonresidential use.

(iii)

New development that proposes 30 or more new or added vehicle parking spaces; or

(iv)

New development or the expansion of existing development that proposes 15,000 or more square feet of new or added cleared land.

(d)

(e)

Concurrent Review

(i)

(ii)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. The applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that the application shall include a site plan. In addition to the materials required by the administrative manual, the following studies may be required at the Director's discretion: a natural resources survey or resource management plan, a traffic study, conceptual engineering plans, parking study, architectural review and consultant fee, feasibility analysis, a phasing plan, and any other study the Director's deems appropriate.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(4)

(a)

Pre-Application Staff Conference. The applicant shall hold an optional pre-application conference with City staff, as determined by staff, in accordance with §10-5.3(B).

(b)

(c)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(5)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to both Major and Minor Site Plans, except as follows:

(a)

(b)

(i)

(ii)

(c)

Minor Changes Allowed

(i)

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

(ii)

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(6)

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval.

(7)

Phase Development

(a)

(i)

The developer shall not be obligated to submit individual site plans for any of the phases, provided there is no deviation from the phases as delineated upon the approved overall site plan.

(ii)

The phases, with respect to utilities, drainage and parking, shall meet appropriate criteria independently of subsequent phases, but may be dependent upon preceding completed phases.

(iii)

The phases when completed shall not unreasonably interfere with or eliminate the legal access to any remaining phase within the recorded plat.

(iv)

The city engineer shall have approved the engineering plans and specifications for the phase being constructed.

(v)

No phase shall contain less than 25 dwelling units as described in the approved overall site plan.

(vi)

If the county requires bonding in a manner not consistent with the manner set forth above, bonding shall be consistent with county regulations and the bonds shall be held by the city.

(b)

Furthermore, in connection with phase developments:

(i)

Not more than one year may elapse between city commission approval of an overall site plan and the issuance of a development or building permit for the first phase to be constructed.

(ii)

(iii)

Not more than two years may elapse between the issuance of certificates of occupancy for the first unit and the last unit to be constructed in a phase.

(iv)

(c)

(d)

(I)

Improvement Permit

(1)

(2)

Applicability

(a)

General. An Improvement Permit is required for any:

(i)

Clearing or grubbing;

(ii)

(iii)

(iv)

(v)

All improvements located within City of Tamarac public easements or right-of-way.

(b)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(iv)

(v)

(4)

Review Standards. An application for an Improvement Permit shall be approved only if the City Engineer determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code;

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals;

(d)

Will be consistent with §10-154; and

(e)

Will comply with all local, state, and federal regulations and codes.

(J)

Plat Approval

(1)

Purpose. The purpose of this section is to provide a review procedure that:

(a)

Conforms to the Broward County Land Use Plan's mandate that local governments require platting wherever the County Land Use Plan requires platting;

(b)

Ensures that subdivisions of land comply with applicable provisions of this Code and otherwise provide for the orderly and efficient development of the city; and

(c)

Assure consistent and equitable treatment for engineers, surveyors, and subdividers in the review and processing of applications for plat approval.

(2)

Applicability

(a)

General. Unless exempted under subsection (b) below, Plat Approval in accordance with this subsection is required:

(i)

Before any Building Permit may be issued for a principal building on a lot;

(ii)

Before any plat of a subdivision of land may be recorded or any development associated with the subdivision may occur; and

(iii)

Before any Improvement Permit may be issued, unless the Improvement Permit is for clearing and grubbing only.

(b)

Exemptions

(i)

Plat Approval is not required where expressly exempted from platting by Article 7 of the Broward County Administrative Rules as amended from time to time.

(ii)

Plat Approval is not required under provision (a)(ii) above for:

The combination or recombination of lots or portions of previously subdivided and recorded lots where:

The total number of lots is not increased;

Each resulting lot complies with applicable lot standards of this Code; and

No nonconformities are created.

The division of a lot resulting from the public acquisition of land for the purpose of establishing, opening, widening, or expanding streets, parks, or greenways.

A revision of a previously approved and recorded plat that incorporates only minor changes to nonvehicular access easements or openings or to plat notes.

(iii)

(c)

Alternatives to Plat Approval. Generally, development may not cross platted property lines. However, Plat Approval shall not be required in the following instances:

(i)

(ii)

(d)

Concurrent Review

(i)

(ii)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

Staff Review and Action. The Director and the Chief Building Official shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

(e)

City Commission Review and Decision

(i)

(ii)

The decision shall be one of the following:

Adopt the plat as proposed;

Deny the plat;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(f)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

Plat Approval by the City allows submittal and review of an application for approval of the same plat by the Broward County Commission in accordance with the Broward County Land Development Code.

(ii)

(iii)

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

(4)

Review Standards. An application for Plat Approval shall be approved only if the Director determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(K)

Temporary Use/Structure Permit

(1)

(2)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards. An application for a Temporary Use/Structure Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable temporary use standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(L)

Sign Permit

(1)

Purpose. The purpose of this subsection is to provide a uniform mechanism for reviewing applications for Sign Permits to ensure signs comply with the applicable standards in §10-4.10.

(2)

Applicability. A Sign Permit is required before the construction, erection, installation, posting, relocation, or alteration of any sign unless it is exempt under §10-4.10(B)(2), Exemptions.

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards. An application for a Sign Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable signs standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(M)

Tree Removal License

(1)

(2)

Relationship to this Code

(a)

(b)

Failure of a landowner to replace a removed tree in accordance with section 10-4.4 "Landscaping and Tree Preservation" shall also constitute a violation of this Code.

(N)

Building Permit

(1)

(2)

(O)

Certificate of Occupancy

(1)

General

(a)

(b)

(c)

A Business Tax Receipt shall be obtained for a new or transferring business prior to the issuance of a Certificate of Occupancy.

(2)

(P)

Administrative Adjustment

(1)

(2)

Applicability

(a)

(b)

Table 10-5.3: Allowable Administrative Adjustments
Standard	Maximum Allowable Administrative Adjustment
Lot Standards
Net lot area	10 %
Lot width	10 %
Lot or pervious coverage	10%
Setbacks
Front setback	10 %
Corner side setback	20 %
Side setback	25 %
Building separation	30 %
Rear setback	20 %
Building Standards
Structure height	10 %
Site Development and Design Standards
Block length	10 %
Block length	10 %
Perimeter buffer width	15 %
Perimeter buffer planting rate	10 %
Driveway spacing	10 %
Street intersection spacing	10 %
Number of vehicle parking spaces	10 %
Number of bicycle parking spaces	10 %
Stacking lane distance for parking area entrance drives,	10 %
Walking distance between shared, off-site, or on-street vehicle parking spaces and primary pedestrian entrance of uses served	10 %
Vegetation size at time of planting	10 %
Vehicle use area planting island area and dimensions	10 %
Street tree planting rate	10 %
Fence or wall height	1 ft.
Outdoor Lighting Standards
Average light level to minimum light level uniformity ratio	15 %
Lighting height	10 %
Sign Standards
Projection fascia sign	10 %
Sign face area or dimensions	10 %
Sign height	10 %
Sign wall coverage	10 %
Encroachment into required yards	15 %

(c)

Reasonable Accommodations Under the FFHA

(i)

Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than ten percent; or

Reduce any off-street parking requirement by no more than one space.

(ii)

(d)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with city staff in accordance with [sub]section 10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with [sub]section 10-5.3(D).

(c)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(d)

Post-Decision Actions. The post-decision actions and limitations in [sub]section 10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

(a)

The administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible development.

(b)

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.

(c)

The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:

(i)

Required to compensate for some unusual aspect of the development site or the proposed development that is not shared by landowners generally;

(ii)

Proposed to protect sensitive natural resources or save healthy existing trees; or

(iii)

Required to eliminate a minor inadvertent failure to fully comply with a standard.

(d)

The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(e)

The administrative adjustment is consistent with the purpose of the zoning district where located and with the comprehensive plan.

(Q)

Variance

(1)

(2)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for the Planning Board hearing in accordance with §10-5.3(F).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(H).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

(ii)

(4)

Review Standards

(a)

(i)

(ii)

The special conditions and circumstances referred to above are not the result of the actions of the landowner;

(iii)

(iv)

The Variance would not confer any special privilege on the landowner that is denied by law to other similarly situated properties subject to the standard from which the Variance is sought;

(v)

The extent of the Variance is the minimum necessary to allow a reasonable use of the property;

(vi)

The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;

(vii)

(viii)

The Variance is consistent with the Comprehensive Plan.

(b)

Insufficient Grounds for Approving Variances

(i)

The following factors shall not constitute sufficient grounds for approval of any Variance:

A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

Hardships resulting from factors other than application of requirements of this Code;

The fact that property may be utilized more profitably or be more marketable with a Variance; or

The citing of nonconformities in the same or other zoning districts.

(ii)

Should an applicant wish to appeal a decision by the City Commission, the applicant shall follow the provisions of §10-5.4(R), Administrative Appeal, and appeal to the courts.

(R)

Administrative Appeal

(1)

(2)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), subject to the following:

(i)

The application shall:

Identify the decision, interpretation, order being appealed;

State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed;

Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

Set forth facts and materials in support of the appeal; and.

Set forth the relief the applicant seeks.

(ii)

(b)

Staff Transmittal of Materials to Planning Board. The Director shall:

(i)

Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

(ii)

Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and

(iii)

Transmit the application and relevant documents and other materials to the Planning Board in accordance with §10-5.3(E)(3)(b).

(c)

(d)

Planning Board Review and Decision

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

Modification of the decision, interpretation, or order being appealed (in whole or in part); or

Reversal of the decision, interpretation, or order being appealed (in whole or in part).

(iii)

(e)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards

(a)

(b)

(5)

(6)

Appeal of City Commission Decisions. Appeal of any City Commission decision made under this Code shall be to the courts.

(S)

Flex and Redevelopment Units and Acreage

(1)

(2)

Applicability

(a)

The procedures and standards in this subsection apply to the review of any proposal to assign flex/redevelopment units to a particular site.

(b)

An application for flex/redevelopment units may be submitted and reviewed concurrently with an application for Rezoning and Land Use Map Amendment where applicable.

(c)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

(i)

A statement and appropriate documentation of the applicant's interest in the property for which the application is filed;

(ii)

The legal description of the property, accompanied by a map or survey which depicts the location of the property in relation to major streets and landmarks;

(iii)

A recorded plat or a survey of the property that has been performed within one year preceding the date of application;

(iv)

(v)

(vi)

(vii)

Such other information as shall be deemed by the Director to be necessary in order to evaluate the application; and

(viii)

A statement of land proposed to be dedicated, or payment in lieu of dedication for recreational, drainage or other municipal purposes per unit to be granted.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Hearings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application with the number of flex/redevelopment units proposed;

Approve the application with a reduced number of flex/redevelopment units;

Deny the application;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(iv)

(4)

(a)

Would be consistent with the Comprehensive Plan;

(b)

Would address a community need;

(c)

Would be compatible with the surrounding area;

(d)

Could be adequately served by City and Broward County facilities and services; and

(e)

Would provide sufficient dedication of land for municipal purposes, or payment in lieu of such dedication.

(T)

Newsrack Certificate of Compliance

(1)

(2)

(3)

(a)

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

Effect of Approval. A Newsrack Certificate of Compliance authorizes placement of the approved newsrack(s) in accordance with the terms and conditions of the certificate.

(iii)

Expiration of Approval. A Newsrack Certificate of Compliance does not expire.

(4)

(U)

Zoning in Progress Determination

(1)

(2)

Applicability

(a)

From the time the Director determines that:

(i)

the City is actively developing and processing a proposal to amend this Code in a way that would preclude permits and approvals of certain uses and development, and

(ii)

(b)

(3)

Procedure

(a)

Director's Determination and Administrative Order

(i)

Prohibits the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment;

Prohibits the acceptance of any applications for development permits and approvals that would be precluded by the proposed amendment.

(ii)

The administrative order shall also revoke any development permit or approval subject

(iii)

(iv)

(v)

On issuing the administrative order, the Director shall schedule consideration of a resolution confirming the administrative order for the next available City Commission meeting.

(b)

City Commission Conformation of Director's Determination

(i)

The City Commission shall review the Director's zoning in progress determination and decide whether to confirm or reject it.

(ii)

(iii)

(c)

(d)

City Commission Review and Action

(i)

(ii)

Promotion of redevelopment and elimination of the causes of physical and economic blight;

Enrichment of the visual and functional quality of the streetscape for all user groups;

Creation of housing/affordable housing opportunities and choices by presenting innovative mixed land-use proposals;

Creation of an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation;

Creation of opportunities and incentives that facilitate redevelopment of private property;

Improvement of circulation for pedestrians, bicyclists and motorists;

Maintenance of Tamarac's strong demographic make-up and enhancement of the community's competitive position within Broward County;

Improper land use distribution; or

Any other factor that has a deleterious effect on the quality of life of the residents of affected areas, economic viability, and overall environment.

(e)

(Ord. No. O-2021-020, §§ 7—9, 5-12-21; Ord. No. 2022-003, § 4, 3-23-22; Ord. No. O-2024-022, § 2, 11-13-24)

10-5.5 - Enforcement

(A)

General

(1)

(2)

(B)

Violations and Responsible Persons

(1)

Violations Generally

(a)

(b)

(2)

Specific Violations. It shall be a violation of this Code to undertake any activity contrary to the provisions of this Code, including but not limited to any of the following:

(a)

Develop land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(b)

Occupy or use land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(c)

Subdivide land without first obtaining all appropriate development permits and approvals required to engage in subdivision, and complying with their terms and conditions.

(d)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(e)

Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and approvals, and complying with their terms and conditions.

(f)

Disturb any landscaped area or vegetation required by this Code.

(g)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate building permits and approvals, and complying with their terms and conditions.

(h)

Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the relevant development permit or approval has expired.

(i)

Create, expand, replace, or change any nonconformity except in compliance with this Code.

(j)

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Code.

(k)

Increase the intensity or density of development, except in accordance with the standards of this Code.

(l)

Utilize or operate a business out of a structure without obtaining and maintaining a valid Business Tax Receipt.

(m)

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

(3)

(C)

Enforcement Responsibility and Procedures

(1)

(2)

(3)

(4)

Enforcement Procedure. The provisions of this Code shall be enforced in accordance with the procedures in Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(D)

Remedies and Penalties

(1)

(2)

Civil Remedies

(a)

(b)

(c)

(d)

(e)

(f)

Order of Abatement

(i)

In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

That buildings or other structures on the land be closed, demolished, or removed;

That fixtures, furniture, or other moveable property be moved or removed entirely;

That improvements, alterations, modifications, or repairs be made;

That removed trees be replaced; or

That any other action be taken as necessary to bring the land into compliance with this Code

(ii)

The City may execute an Order of Abatement.

(g)

(3)

(4)

10-5.6 - Review Authorities

This section identifies the roles and responsibilities of City staff and City boards involved in the review of development applications.

(A)

City Staff

(1)

Community Development Director

(a)

(b)

Powers and Duties

(i)

(ii)

Other Powers and Duties. The Director shall have the following additional powers and duties under this Code:

To conduct pre-application conferences (§ 10-5.3(B));

To serve as Chair of the Development Review Committee and participate in the review of development applications as a member of the Committee;

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

To monitor the impact of existing and committed development on public facilities subject to levels of service standards (concurrency monitoring);

To maintain the official Zoning Map and related materials;

To serve as professional staff to the Planning Board and City Commission;

To assist in enforcing this Code in accordance with §10-5.5, Enforcement;

To interpret the provisions of this Code in accordance with the standards in Article 6, Rules of Construction and Definitions;

To provide expertise and technical assistance to the City's review and decision-making bodies on request;

To maintain on file a record of all development applications reviewed under this Code and make copies available on request through the City's Public Record request process;

To assist the Planning Board in preparing and maintaining the Comprehensive Plan; and

To perform such other functions specified in Division 2 (Community Development), Article IV (Departments) of Chapter 2 (Administration) of the Municipal Code.

(2)

Chief Building Official

(a)

(b)

Powers and Duties. In addition to the powers authorized by the Building Code, the Chief Building Official shall have the following powers and duties under this Code.

(i)

(ii)

Other Powers and Duties. The Chief Building Official shall have the following additional powers and duties under this Code:

To participate in the review of development applications as a member of the Development Review Committee;

To assist the Director in establishing requirements for the contents of development applications reviewed under this Code, on request;

To assist the Director in developing and maintaining an administrative manual, on request;

To assist in enforcing this Code in accordance with §10-5.5; and

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

(3)

Development Review Committee

(a)

(b)

Powers and Duties

(i)

Review of Development Applications. The Development Review Committee shall have the review authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(ii)

Other Powers and Duties. The Development Review Committee shall have the following additional powers and duties under this Code:

Provide expertise and technical assistance to the City's review and decision-making bodies on request; and

Review and comment on proposed amendments.

(iii)

Membership

Community Development Department, Planning and Zoning Division;

Public Services Department;

Building Department;

Fire Rescue Department; and

Broward County Sheriff's Office, at the Director's discretion.

(iv)

(v)

Meetings

Development Review Committee meetings are open to the public.

(4)

City Attorney

(a)

General. The City Attorney is appointed by the City Commission and serves as its legal advisor.

(b)

Powers and Duties. In addition to the authority and duties conferred by general law and the City Commission, the City Attorney shall have the following powers and duties under this Code:

(i)

(ii)

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

(iii)

To assist the Director in interpreting the provisions of this Code;

(iv)

To assist in enforcing this Code and in prosecuting actions against violators in accordance with §10-5.5; and

(v)

To counsel the City Commission, Planning Board, Director, and City departments in the review of development applications and the general implementation of this Code.

(5)

(B)

Planning Board

(1)

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the Planning Board shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The Planning Board shall have the review and recommendation authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

Other Powers and Duties

(i)

(ii)

Comprehensive Plan. The Planning Board shall:

Prepare a Comprehensive Plan in accordance with the Community Planning Act, and make recommendations to the City Commission regarding adoption of the Plan; and

Monitor and oversee the effectiveness and status of the Comprehensive Plan and submit periodic reports on the Plan to the City Commission as required by Florida Statutes.

(iii)

Other. The Planning Board shall:

Have all other powers and duties of a planning board as provided by the Community Planning Act.

Have any other powers and duties delegated to it by the City Commission, consistent with State law.

(c)

Membership, Appointment, and Terms of Office

(i)

Membership and Appointment

The Planning Board shall consist of:

Five regular voting members appointed by the City Commission in accordance with subsection 2-56 et seq. of the Municipal Code;

Two alternate members appointed by a majority vote of the Mayor and Commissioners; and

One ex officio, non-voting member designated by the Broward County School Board in accordance with F.S. §163.3174.

Each member of the Planning Board shall be a resident of the city.

The member designated by the School Board may participate in all matters related to land use and zoning matters which, if approved, would increase residential density.

Any interested citizen may be appointed to the Planning Board, but those with experience or interest in the following areas shall receive special consideration:

Architecture;

Law;

Land development;

Real estate development or sales;

Environmental science;

Urban planning;

Engineering; or

Activism in a neighborhood, condominium, or homeowners' association.

(ii)

Terms

(iii)

Attendance. A Planning Board member may be removed and replaced for absenteeism from regular Board meetings in accordance with §2-31 of the Municipal Code.

(iv)

(d)

(e)

Officers

(i)

The Planning Board shall elect a Chair and Vice-Chair from among its members in accordance with §2-31 of the Municipal Code.

(ii)

(f)

Meetings

(i)

(ii)

Meeting Notice. Notice of all Planning Board meetings shall be provided in accordance with State law and the requirements in §10-5.3(F), Scheduling and Notice of Public Hearings.

(iii)

Open Meetings. All Planning Board meetings shall be open to the public in accordance with State law.

(iv)

Meeting Procedure. In conducting its meetings, the Planning Board shall follow Robert's Rules of Order, Newly Revised, consistent with the procedural requirements of this Code and State law.

(v)

(vi)

Quorum and Vote

Quorum. A majority of the Planning Board's regular membership shall constitute a quorum. No official business of the Board shall be conducted without a quorum present.

(g)

(C)

City Commission

(1)

General. The City Commission is the governing or legislative body of the City and has sole authority to adopt or amend provisions in this Code and the Zoning Map.

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the City Commission shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The City Commission shall have the review and decision-making authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

(c)

Adopt Schedule of Civil Penalties. The City Commission is authorized to adopt, by resolution, a schedule of civil penalties for violations of this Code.

(d)

(D)

City Engineer

(1)

(2)

Powers and Duties. In addition to the powers authorized by this Code, the City Engineer shall have the following powers and duties under this Code.

(a)

(b)

Other Powers and Duties. The City Engineer shall have the following additional powers and duties under this Code:

(i)

To participate in the review of development applications as a member of the Development Review Committee;

(ii)

To assist the City Manager in establishing requirements for the contents and format of development applications reviewed under this Code, on request;

(iii)

To assist the City Manager in developing and maintaining an administrative manual, on request;

(iv)

To assist in enforcing this Code in accordance with Sec. 10-5.6:; and

(v)

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

10-5.7 - New Development impact fees

(A)

Procedural and Administrative Requirements.

(1)

Purpose and Authority.

(a)

(b)

The City Commission has completed a study establishing the type, amount and cost of projected public facility improvements needed to serve new growth and development.

(c)

The purpose of this section is to ensure that new growth and development that is approved by the City pays a fair share of the costs of public facilities needed to serve new growth and development.

(d)

(e)

(f)

The technical data, findings and conclusions herein are based on the Comprehensive Plan, as amended, the 2019 Impact Fee Study (the "Technical Report"), and other studies and reports.

(2)

Adoption of Technical Report as Basis of Impact Fees.

(3)

Interpretations of Sections and fee schedule.

Interpretation of the provisions of this section shall be made by the City Manager or the City Manager's designee.

(4)

Effect on other regulations and requirements.

(a)

(b)

(c)

(B)

Definitions.

Developer. For purposes of this section means a person, corporation, organization, or other legal entity undertaking development.

Encumbered means legally obligated or otherwise committed to use by appropriation or contract.

Fee payer means a person undertaking development who pays a fair share impact fee in accordance with the terms of this section.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing; and

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Impact fee means a fee imposed pursuant to this section.

Impact fee account means an account established by the City for the purpose of segregating impact fee revenues collected for a particular public facility from all other City funds.

Level of service is a measure of the availability and accessibility of public facilities in support of public facility services.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

(5)

The costs of transit improvements, including bus shelters, bus stops, benches, transfer stations, and fleet vehicles;

(6)

The cost of bike paths and pedestrian walkway improvements within planned roadway alignments;

(7)

The cost of relocating utilities to accommodate new roadway construction;

(8)

The cost of planning, engineering and legal services;

(9)

The cost of all land surveying, and soils and materials testing; and

(10)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Public facilities means capacity-adding multimodal facilities, parks and recreation facilities, and governmental facilities for which impact fees are collected pursuant to this section.

Public facilities capital costs include governmental facilities capital costs, parks and recreation facilities capital costs, and multimodal capital costs.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of new equipment;

(5)

(6)

The cost of relocating utilities to accommodate new construction;

(7)

The cost of planning, engineering and legal services;

(8)

The cost of all land surveying, and soils and materials testing; and

(9)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Technical report means the "City of Tamarac Impact Fee Study," prepared by Tindale-Oliver, and dated October 18, 2019.

(C)

Applicability of This Section.

(1)

Affected Area.

This section shall apply to all new development within the City. Impact fees for particular public facilities may apply to less than the entire City, only as indicated specifically in this section.

(2)

Type of Development Affected.

Except where specifically exempt by the provisions of this section, this section shall apply to all new development.

(3)

Type of Development Not Affected.

The following types of development shall be exempt from the payment of impact fees pursuant to this section:

Alterations or expansion of an existing dwelling unit where no additional units are created, and the use is not changed;

For multimodal fees, the construction of accessory buildings or structures which will not increase the traffic counts associated with the principal building or structure or the land;

The replacement of a destroyed or partially destroyed building or structure, with a new building or structure of the same size and use;

(a)

The construction of agricultural structures;

(b)

Temporary uses; and

(c)

Essential public services.

(4)

Reductions.

Reductions from the requirement to pay impact fees pursuant to this section shall be granted only as specifically provided in this section.

(D)

Collection of Impact Fees; Fair Share Agreements; When Not Paid By Mistake or Inadvertence; Liens.

(1)

(2)

(3)

(a)

(b)

The impact fee statement notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(i)

The amount due and the general purpose for which the impact fee was imposed.

(ii)

(c)

(d)

(e)

(f)

(g)

(h)

(E)

Individual Assessment of Impact Fees.

(1)

(2)

(3)

(4)

(5)

Any applicant may appeal the city manager's or his/her designee's decision on an individual assessment analysis by filing a petition to the City Commission of the City consistent with 10-5.7(J).

(F)

Credits.

(1)

(2)

(3)

(4)

(a)

The actual cost, or estimated cost of improvements based on recent bid sheet information of the city; and

(b)

A qualified appraisal of the fair market value of any land.

(5)

(a)

A proposed plan of specific public facility improvements, prepared and certified by a duly qualified and licensed Florida engineer; and

(b)

(6)

(7)

(8)

(9)

(10)

Within 14 days after execution by the city, the credit agreement shall be recorded in the Broward County public records.

(11)

(G)

Use of Funds Collected; Impact Fee Accounts.

(1)

(a)

Public facilities and public facilities capital costs identified in the Comprehensive Plan to benefit new users;

(b)

(c)

(d)

Administration of the City's impact fee program to the extent that such administration costs do not exceed actual costs of such administrative activities.

(2)

Impact fees collected shall be encumbered for the construction of public facilities within seven years of the date of collection.

(3)

In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of public facilities necessary to offset the impacts of new development, the following provisions apply:

(a)

The City shall establish and maintain separate impact fee accounts for each public facility for which an impact fee is collected, in accordance with the provisions of this section.

(b)

Impact fees shall be spent solely for the public facility category for which they were collected.

(c)

(4)

Impact fee revenues shall remain segregated from other City funds and only impact fees and accrued interest shall be maintained in the impact fee accounts.

(5)

(H)

Refunds.

(1)

(2)

(3)

A refund application shall include the following information:

(a)

A notarized sworn statement that the fee payer paid the impact fee for the property and the amount paid;

(b)

A copy of the dated receipt issued by the City for payment of the fee;

(c)

A certified copy of the latest recorded deed for the property; and

(d)

A copy of the most recent ad valorem tax bill.

(4)

(5)

(6)

(7)

Any fee payer may appeal the city manager's or his/her designee's written decision on a refund application by filing a petition with the City Commission consistent with 10-5.7(J).

(I)

Updating, Indexing, Annual Reporting, and Audits.

(1)

At least once every five years, the City shall update the technical report which provides the basis for the impact fees imposed under this section.

(2)

(3)

(4)

All updates and annual adjustments to this section shall comply with statutory requirements for notice and publication.

(J)

Appeals.

(1)

(2)

Record. The record considered by the City Commission shall be the record of the application associated with the final decision being appealed from and any other documents related to the decision.

(3)

Notice. The city clerk shall provide the applicant at least 15 calendar days' notice of the appeal before the City Commission by mail or hand delivery.

(4)

(5)

(6)

Form of Decision. The City Commission's decision on the appeal shall be in writing and include findings of fact and the application of those facts to the relevant standards.

(K)

Imposition of Impact Fees by Public Facility.

The following impact fees are hereby levied at 50 percent of the total fee amount on all new development, as set forth in §10-5.7(C):

Impact Fee Schedule
(Government Facilities, Parks and Recreation, Transportation)

Land Use	Impact Unit	Govt. Facilities	Parks and Rec.	Multi-Modal Transp. (Local)	Total Fee	50% of Fees
Single Family (2,000 sq ft)	du	$1,375	$4,963	$1,880	$8,218	$4,109
Multi-Family*	du	$916	$3,468	$1,352	$5,736	$2,868
Light Industrial	1,000 sf	$409	n/a	$848	$1,257	$629
Office Building	1,000 sf	$728	n/a	$1,668	$2,396	$1,198
Retail	1,000 sf	$1,235	n/a	$2,667	$3,902	$1,951
Bank w/Drive-Thru	1,000 sf	$1,219	n/a	$4,106	$5,325	$2,663
Fast Food Rest. w/Drive-Thru	1,000 sf	$7,936	n/a	$20,094	$28,030	$14,015

*Transportation = 1-2 floors

(1)

Governmental Facilities Impact Fee.

(a)

A governmental facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

(2)

Parks and Recreation Impact Fee.

(a)

A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

(c)

(3)

Multimodal Transportation Impact Fee.

(a)

A multimodal transportation fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the following fee schedule.

(b)

(Ord. No. O-2020-001, § 2, 1-8-20; Ord. No. O-2020-007, § 2, 5-13-20)

Tamarac City Zoning Code

ARTICLE 5

- ADMINISTRATION

10-5.1 - Purpose and Organization.

This Article describes the procedures for review of all applications for land use and development activity in Tamarac.

(A)

§10-5.2, Summary Table of Development Review Procedures, lists the land use and development procedures in this Code.

(B)

§10-5.3, Common Review Procedures, describes standard procedures that generally apply to most types of development applications.

(C)

(D)

§10-5.5, Enforcement, identifies what constitutes a violation of this Code and sets forth procedures for enforcement, including remedies and penalties.

(E)

10-5.2 - Summary Table of Development Review Procedures.

Table 10-5.1: Summary of Development Review Procedures C = Review and Comment R = Review and Recommend D = Review and Decide [ ] = Standard Public Hearing &lt?> = Quasi-Judicial Public Hearing
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Review Authorities
Application Type		Pre-Application Staff Conference	Pre-Application Neighborhood Meeting	Development Review Committee	Director	Planning Board	City Commission
Amendments
Comprehensive Plan Amendment -§10-5.4(B)	General	Required			R	[R]	[D]
Comprehensive Plan Amendment -§10-5.4(B)	Site-Specific	Required	Required		R	[R]	[D]
Establishment of Use—§10-5.4(C)		Required			R	[R]	[D]
Amendment to Text of Development Code—§10-5.4(D)		Required			R	[R]	[D]
Planned Development Plan/Agreement—§10-5.4(E)		Required	Required		R	[R]	[D]
Rezoning—§10-5.4(F)	General	Required			R	[R]	[D]
Rezoning—§10-5.4(F)	Site-Specific	Required	Required		R	<R>	<D>
Permits and Development Approvals
Special Exception—§10-5.4(G)					R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Major	Required	Required	C	R	<R>	<D>
Site Plan Approval—§10-5.4(H)	Minor	Optional			D
Improvement Permit—§10-5.4(I)		Optional			D
Plat—§10-5.4(J)		Required		C	R	<R>	<D>
Temporary Use/Structure Permit—§10-5.4(K)		Optional			D
Sign Permit—§10-5.4(L)		Optional			D
Tree Removal License—§10-5.4(M)		See Broward County Tree Preservation and Abuse Ordinance
Building Permit—§10-5.4(N)		Optional			D
Certificate of Occupancy—§ 10-5.4(O)		Optional			D
Vacation of Easement		Optional					<D>
Relief Procedures
Administrative Adjustment—§10-5.4(P)		Required			D
Variance -§10-5.4(Q)		Required			R	<R>	<D>
Administrative Appeal—§10-5.4(R)		N/A				<D>
Other Procedures
Flex and Redevelopment Units and Acreage—§10-5.4(S)		Required			R	[R]	[D]
Newsrack Certificate of Compliance—§10-5.4(T)		Optional			D
Zoning in Progress Determination—§10-5.4(U)		Optional			R		D

(Ord. No. O-2021-020, § 4, 5-12-21; Ord. No. 2022-003, § 3, 3-23-22)

10-5.3 - Common Review Procedures

(A)

(B)

Pre-Application Staff Conference

(1)

(2)

(3)

Procedure. If a pre-application conference is held, whether it is mandatory or optional, it shall be scheduled and conducted in accordance with the following procedural provisions.

(a)

Request. An applicant shall submit a request for a pre-application conference to the Director.

(b)

(c)

(i)

(ii)

(d)

(4)

(C)

Pre-Application Neighborhood Meeting

(1)

(2)

(3)

Procedure. If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it shall comply with the following procedures:

(a)

Time and Place

(i)

The meeting shall be held after 5:00 P.M. on a weekday, on a date after the pre-application staff conference, and at least 21 days before the public hearing for the application.

(ii)

(b)

Notification

(i)

Mailed Notice

150 feet of the land subject to the application, for all other applications.

(ii)

(iii)

Notice Content. The notice shall state the time and place of the meeting, the general nature of the development proposal, and that the meeting is being hosted by the applicant.

(c)

(d)

(e)

(D)

Application Submittal, Acceptance, Revisions, and Withdrawal

(1)

Authority to Submit Applications

(a)

Unless expressly stated otherwise in this Code, applications reviewed under this Code shall be submitted by:

(i)

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

(ii)

(b)

(2)

(3)

Application Fees

(a)

(b)

(4)

(5)

Determination of Application Completeness

(a)

Completeness Review. On receiving a development application, the Director shall determine whether the application is complete. A complete application is one that:

(i)

(ii)

Is in the form required by the Administrative Manual for submittal of the particular development application; and

(iii)

Is accompanied by the fee established for the particular development application.

(b)

Application Incomplete

(i)

(ii)

(iii)

No development application shall be accepted for review until it is determined to be complete.

(c)

Application Complete. On determining that the application is complete, the Director shall accept the application for review in accordance with the procedures and standards of this Code.

(6)

Application Revisions

(a)

Revisions to Correct Compliance Deficiencies. An applicant may revise a development application after receiving notice of compliance deficiencies following staff review (see §10-5.3(E)(2)).

(i)

(ii)

(b)

(c)

(7)

Application Withdrawal

(a)

After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written letter of withdrawal to the City Engineer.

(b)

(c)

Application fees shall not be refunded for withdrawn applications.

(E)

Staff Review and Action

(1)

(a)

In all other cases, the Director shall refer the application to the appropriate Development Review Committee members and other agencies deemed appropriate for review of the application.

(2)

Staff Review and Opportunity for Application Revision

(a)

(b)

(c)

(d)

(3)

Applications Subject to Staff Recommendation

(a)

(b)

(i)

Schedule and verify any required public notice of the meeting in accordance with §10-5.3(F), Scheduling and Notice of Public Hearings.

(ii)

Transmit the development application, related materials, and the staff memorandum to the appropriate advisory or decision-making body;

(iii)

Transmit a copy of the staff memorandum to the applicant; and

(iv)

(4)

Applications Subject to Staff Decision

(a)

(b)

(F)

Scheduling and Notice of Public Hearings

(1)

Scheduling

(a)

(b)

The public hearing shall be scheduled for a meeting that allows sufficient time for preparation of a staff memorandum and provision of the required public notice.

(2)

Table 10-5.2: General Notice Requirements
Application Type	Notice Timing Requirement
Application Type	Published Notices	Mailed Notices	Posted Notices
Comprehensive Plan Amendment: Small-Scale Development	Notice of City Commission public hearing at least 5 days before hearing date
Comprehensive Plan Amendment: Other than Small-Scale Development	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Establishment of Use	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Amendment to Text of Development Code to revise text other than the use tables in Article 3: Use Regulations	Notice of City Commission public hearing at least 10 days before hearing date
Amendment to Text of Development Code to revise use tables in Article 3: Use Regulations	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date
Planned Development Plan/Agreement	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed PD rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed PD rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
City-initiated General or Site-Specific Rezoning to reclassify 10 or more contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	• Mail notice of Planning Board public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning • Mail notice of City Commission public hearing at least 10 days before hearing date to owners of property subject to the proposed rezoning	• Post notice of Planning Board public hearing on site at least 15 days before hearing date • Post notice of first City Commission public hearing on site at least 15 calendar days before hearing date
City-initiated General or Site-Specific Rezoning to reclassify parcel(s) involving less than 10 contiguous acres	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	• The Director shall mail notice of the Planning Board public hearing at least 10 days before the hearing date to owners of property subject to the proposed rezoning • The Director shall mail notice of the City Commission public hearing at least 30 days before the hearing date to owners of property subject to the proposed rezoning	• The Director shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The Director shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
General or Site-Specific Rezoning initiated by any person other than the City	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Special Exception	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Site Plan Approval, Major	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	The applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	• The applicant shall post notice of the Planning Board public hearing on the site at least 15 days before the hearing date • The applicant shall post notice of the City Commission public hearing on the site at least 15 days before the hearing date
Plat Approval	• Notice of Planning Board public hearing at least 7 days before hearing date • Notice of City Commission public hearing at least 5 days before hearing date
Vacation of Public Easement	• Notice of City Commission public hearing at least 15 days before hearing date
Variance or Appeal, as applicable	• Notice of Planning Board public hearing at least 15 days before hearing date • Notice of City Commission public hearing at least 15 days before hearing date	For applications for a variance or an appeal that pertains to a particular site, the applicant shall mail notice of the Planning Board and City Commission public hearings at least 15 days before the hearing dates to the owners of the application site and all properties within 400 feet of the application site	For applications for a variance or an appeal that pertains to a particular site, the applicant shall post notice of the Planning Board and City Commission public hearings on the site at least 15 days before the hearing dates
Flex and Redevelopment Units	• Notice of first City Commission public hearing at least 7 days before hearing date • Notice of second City Commission public hearing at least 5 days before hearing date

(3)

Notice Format and Content

(a)

Published and Mailed Notices

(i)

The Director shall determine the format and content of notices to be published and mailed.

(ii)

Required published and mail notices shall, at a minimum:

Identify the application type;

Describe the nature and scope of the proposed development or action;

Identify the location of land subject to the application;

Identify the date, time, and location of the hearing being noticed;

Identify where and when the application may be inspected by the public;

Advise that interested parties may appear at the hearing; and

Comply with any other notice content requirements established by State law.

(iii)

Published notices shall be published in a newspaper having general circulation in the city, and shall comply with the size and format requirements in F.S. §166.041.

(iv)

(b)

Posted Notices

(i)

(ii)

Required posted notices shall, at a minimum:

Identify the application type;

Identify the date, time, and location of the meeting being noticed;

Identify a telephone number from which more information may be obtained; and

Comply with any other notice content requirements established by State law.

(c)

(d)

(4)

(a)

(b)

(5)

(6)

(G)

Planning Board Review and Action

(1)

(a)

If the application is subject to a public hearing, the Planning Board shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

(c)

The Board shall clearly state the factors considered in making its recommendation, as well as the basis or rationale for the recommendation.

(d)

(e)

The Board shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(f)

Staff, in consultation with the City Attorney, shall prepare a Board Order that is consistent with the Board's determination.

(2)

Revision of Application

(a)

(b)

(H)

City Commission Review and Decision

(1)

(a)

If the application is subject to a public hearing, the City Commission shall hold a public hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.

(b)

(c)

The City Commission shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision.

(d)

(e)

The Commission shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City.

(2)

Conditions of Approval. Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development.

(3)

(4)

Revision of Application

(a)

(b)

(I)

Public Hearing Procedures

(1)

(a)

(b)

(c)

The person chairing the hearing may place reasonable and equitable time restrictions on the presentation of testimony and the submittal of documents and other materials.

(d)

The Board or Commission may, on its own motion or at the request of any person, continue the public hearing to a fixed date, time, and place, for good cause.

(e)

(2)

(a)

(i)

The affected party's name, address, and telephone number;

(ii)

An indication of how the affected party qualifies as an affected party;

(iii)

An indication of whether the affected party is for or against the application;

(iv)

The name, address, and telephone number of all witnesses expected to testify on behalf the affected party at the hearing; and

(v)

Copies of all documents, correspondence, memoranda, or other evidence the affected party intends to present at the hearing.

(b)

Order of Proceedings. To the extent possible, the following shall be the order of the proceedings:

(i)

Opening of Hearing. The person chairing the body conducting the hearing shall open the public hearing and announce the matter to be heard and the rules concerning the admissibility of evidence.

(ii)

Swearing In or Affirmation of Witnesses. All persons who will testify at the hearing shall be sworn in or affirmed.

(iii)

(iv)

(v)

(vi)

Public Comments. Any person other the applicant or affected persons may be allowed to speak in support of or in opposition to the application.

(vii)

Response to Presentations

The applicant may respond to any testimony, documents, or materials presented by City staff, affected persons, or the public.

Affected parties may respond to any testimony, documents, or materials presented by City staff, the applicant, or the public.

City staff may respond to any testimony, documents, or materials presented by the applicant, affected persons, or the public.

(viii)

Conclusions. Affected persons, the applicant, and City staff may present brief conclusionary statements.

(ix)

Close of Hearing. The person chairing the body conducting the hearing shall close the public hearing. No further testimony shall be taken and no further questions may be asked of witnesses.

(c)

Evidence

(i)

(ii)

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient by itself to support a finding.

(iii)

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

(iv)

Statements of counsel shall only be considered as argument and not be considered as testimony.

(v)

The City Attorney shall represent the Planning Board or City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney in a timely fashion.

(vi)

(d)

(e)

(J)

Post-Decision Actions and Limitations

(1)

Notice of Decision

(a)

(b)

(2)

Appeal

(a)

(b)

A party aggrieved by final administrative decisions may appeal the decision in accordance with the procedures and standards in §10-5.4(R), Administrative Appeal.

(3)

Effect of Approval

(a)

Authorized Activity

(i)

(ii)

(b)

Expiration of Approval

(i)

General

A change in ownership of the land shall not affect the established expiration time period of an approval.

(ii)

(4)

(5)

Limitation on Subsequent Similar Applications

(a)

(b)

Prior Application Denial

(i)

(ii)

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

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

(Ord. No. O-2021-020, §§ 5, 6, 5-12-21)

10-5.4 - Application—Specific Review Procedures

(A)

(B)

Comprehensive Plan Amendment

(1)

Applicability

(a)

(b)

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

An application for a general Comprehensive Plan Amendment may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(g)

City Commission Review and Decision

(i)

(ii)

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment that reclassifies the area proposed to be reclassified to a more restrictive classification;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(iv)

In accordance with State law, an adopted Comprehensive Plan Amendment is subject to a final review by the State land planning agency and its acceptance of the amendment as compliant with State law.

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(3)

(a)

A change in projections or assumptions from those on which the Comprehensive Plan is based: Are public facilities and services available for the proposed use.

(b)

Is the plan amendment suitable for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources of the site;

(c)

Is the plan amendment the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan;

(d)

A change in the policies, objectives, principles, or standards governing the physical development of the City or any other geographic areas addressed by the Comprehensive Plan; or

(e)

Identification of errors or omissions in the Comprehensive Plan.

(C)

Establishment of Use

(1)

Applicability. This subsection applies to the establishment of uses not currently listed or addressed within this Code.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a standard public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

(iii)

The decision shall be one of the following:

Adopt the use as proposed;

Adopt a revised use (which may require a new public hearing);

Deny the establishment of use; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of an Establishment of Use authorizes the approved revisions to the text of this Code. Such approval does not itself authorize specific development activity.

(ii)

(iii)

(3)

Review Standards. In making an Establishment of Use interpretation, the City Commission shall consider its potential impacts, including but not limited to:

(a)

The nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage;

(b)

Anticipated employment;

(c)

Transportation requirements;

(d)

The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and

(e)

The general requirements for public utilities such as water and sanitary sewer.

(D)

Amendment to Text of Development Code

(1)

Applicability. The procedures and standards in this subsection apply to the review of any proposal to revise the text of this Code.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D) except that:

(i)

An application may be initiated only by the Director upon referral from City staff, the Planning Board, or the City Commission.

(ii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

(ii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment (which may require a new public hearing);

Deny the amendment; or

Remand the application back to the Director or Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(3)

(a)

Is consistent with the Comprehensive Plan;

(b)

Conflicts with any other provisions of this Code or the Tamarac City Code;

(c)

Is required by changed conditions;

(d)

Addresses a demonstrated community need;

(e)

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

(f)

Would result in a logical and orderly development pattern; and

(g)

(E)

Rezoning to Planned Development District

(1)

Applicability

(a)

(b)

The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to the Planned Development (PD) zoning district established in Article 2.

(c)

(d)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(e)

Pre-Application Neighborhood Meeting. For all PD District Rezonings, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(f)

(i)

(ii)

(iii)

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

(g)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(h)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(i)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(j)

City Commission Review and Decision

(i)

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be designated;

Deny the amendment; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(k)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

The PD Plan/Agreement shall be binding on the landowners, their successors, and assigns, and shall constitute the development regulations for the land.

Development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the PD Plan/Agreement.

(ii)

(iii)

Recordation. The Director shall record the adopting ordinance and the PD Plan/Agreement with the Broward County Records Department at the expense of the applicant.

(2)

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(F)

Rezoning

(1)

Applicability

(a)

(b)

An application for Rezoning may be submitted and reviewed concurrently with an application for Flex/Redevelopment Unit Assignment.

(2)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. If the application is for a site-specific Rezoning, the applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that:

(i)

A general Rezoning application may be initiated only by the Director (upon referral from City staff, the Planning Board, or the City Commission); and

(ii)

(iii)

This Code may also be amended by initiative and referendum in accordance with Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac City Code.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(f)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial hearing.

(g)

City Commission Review and Decision

(i)

(ii)

If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-judicial hearing(s).

(iii)

The decision shall be one of the following:

Adopt the amendment as proposed;

Adopt a revised amendment that reduces the area proposed to be reclassified;

Adopt a revised amendment other than as included in provisions B or C above (this may require a new public hearing);

Deny the amendment;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(h)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval. Approval of a Rezoning authorizes the approved revisions to the Zoning Map. Such approval does not itself authorize specific development activity.

(ii)

Expiration of Approval. A Rezoning does not expire, but shall remain valid unless and until the revised Zoning Map is subsequently amended in accordance with this subsection.

(3)

(a)

Is consistent with the Comprehensive Plan;

(b)

Is consistent with any provisions of this Code or the Tamarac City Code;

(c)

Addresses a demonstrated community need;

(d)

Is required by changed conditions;

(e)

Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land;

(f)

Would result in a logical and orderly development pattern;

(g)

(h)

(i)

Would be consistent with the public interest and the purposes and intent of this Code.

(G)

Special Exception

(1)

(2)

Applicability

(a)

(b)

(3)

(a)

(b)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions; or

Recommend denial of the application.

(e)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(f)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

Minor Modifications Allowed

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(4)

Review Standards. A Special Exception application shall be approved only if the City Commission makes the following findings, based on competent substantial evidence in the record:

(a)

The proposed development will be consistent with the Comprehensive Plan;

(b)

The proposed development will comply with applicable zoning district, use, and development standards of this Code;

(c)

The proposed development will be compatible with the existing natural environment and community character of the properties within the immediate neighborhood;

(d)

The proposed development will be desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort, and welfare;

(e)

The proposed development will minimize adverse effects, including noise, light, dust, or other potential nuisances, on adjacent properties to the greatest extent practicable;

(f)

(g)

The site area is sufficient, appropriate, and adequate for the use and any reasonably anticipated expansion of the use;

(h)

The Special Exception shall only remain valid during the period of which the certificate of occupancy and business license remains active;

(i)

The Special Exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees only after the previous condition has been met; and

(j)

Any pre-existing code violations shall be satisfied before a certificate of occupancy is issued for the proposed use.

(H)

Site Plan Approval

(1)

(2)

Applicability

(a)

General

(i)

(ii)

(b)

Exemptions. The following development is exempt from the requirements of this subsection:

(i)

A change in use that does not involve or require other development (such as new or expanded structures, additional parking, etc.);

(ii)

Internal construction that does not increase gross floor area or building height, increase the density or intensity of use, or affect parking or landscaping requirements; and

(iii)

Construction of or addition to a single-family detached dwelling or a duplex dwelling, or a structure accessory to such a dwelling.

(c)

Major Site Plan Approval. Major Site Plan Approval is required for any of the following development, unless such development is exempted from Site Plan Approval under subsection (b) above:

(i)

New development or the expansion of existing development that proposes 15 or more new or added dwelling units;

(ii)

New development or the expansion of existing development that proposes 10,000 or more square feet of new or added gross floor area devoted to nonresidential use.

(iii)

New development that proposes 30 or more new or added vehicle parking spaces; or

(iv)

New development or the expansion of existing development that proposes 15,000 or more square feet of new or added cleared land.

(d)

(e)

Concurrent Review

(i)

(ii)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Pre-Application Neighborhood Meeting. The applicant shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).

(c)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), except that the application shall include a site plan. In addition to the materials required by the administrative manual, the following studies may be required at the Director's discretion: a natural resources survey or resource management plan, a traffic study, conceptual engineering plans, parking study, architectural review and consultant fee, feasibility analysis, a phasing plan, and any other study the Director's deems appropriate.

(d)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(4)

(a)

Pre-Application Staff Conference. The applicant shall hold an optional pre-application conference with City staff, as determined by staff, in accordance with §10-5.3(B).

(b)

(c)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(5)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to both Major and Minor Site Plans, except as follows:

(a)

(b)

(i)

(ii)

(c)

Minor Changes Allowed

(i)

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

(ii)

A change in a condition of approval;

An increase greater than 20 percent in residential density;

An increase greater than 20 percent in total nonresidential floor area;

An increase greater than ten percent in the amount of land devoted to nonresidential uses;

A change greater than ten percent in the ratio of gross floor area devoted to residential uses to that devoted to nonresidential floor area; and

A decrease greater than 20 percent in the ratio of single-family dwelling units to other residential building types.

(6)

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval.

(7)

Phase Development

(a)

(i)

The developer shall not be obligated to submit individual site plans for any of the phases, provided there is no deviation from the phases as delineated upon the approved overall site plan.

(ii)

The phases, with respect to utilities, drainage and parking, shall meet appropriate criteria independently of subsequent phases, but may be dependent upon preceding completed phases.

(iii)

The phases when completed shall not unreasonably interfere with or eliminate the legal access to any remaining phase within the recorded plat.

(iv)

The city engineer shall have approved the engineering plans and specifications for the phase being constructed.

(v)

No phase shall contain less than 25 dwelling units as described in the approved overall site plan.

(vi)

If the county requires bonding in a manner not consistent with the manner set forth above, bonding shall be consistent with county regulations and the bonds shall be held by the city.

(b)

Furthermore, in connection with phase developments:

(i)

Not more than one year may elapse between city commission approval of an overall site plan and the issuance of a development or building permit for the first phase to be constructed.

(ii)

(iii)

Not more than two years may elapse between the issuance of certificates of occupancy for the first unit and the last unit to be constructed in a phase.

(iv)

(c)

(d)

(I)

Improvement Permit

(1)

(2)

Applicability

(a)

General. An Improvement Permit is required for any:

(i)

Clearing or grubbing;

(ii)

(iii)

(iv)

(v)

All improvements located within City of Tamarac public easements or right-of-way.

(b)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(iv)

(v)

(4)

Review Standards. An application for an Improvement Permit shall be approved only if the City Engineer determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code;

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals;

(d)

Will be consistent with §10-154; and

(e)

Will comply with all local, state, and federal regulations and codes.

(J)

Plat Approval

(1)

Purpose. The purpose of this section is to provide a review procedure that:

(a)

Conforms to the Broward County Land Use Plan's mandate that local governments require platting wherever the County Land Use Plan requires platting;

(b)

Ensures that subdivisions of land comply with applicable provisions of this Code and otherwise provide for the orderly and efficient development of the city; and

(c)

Assure consistent and equitable treatment for engineers, surveyors, and subdividers in the review and processing of applications for plat approval.

(2)

Applicability

(a)

General. Unless exempted under subsection (b) below, Plat Approval in accordance with this subsection is required:

(i)

Before any Building Permit may be issued for a principal building on a lot;

(ii)

Before any plat of a subdivision of land may be recorded or any development associated with the subdivision may occur; and

(iii)

Before any Improvement Permit may be issued, unless the Improvement Permit is for clearing and grubbing only.

(b)

Exemptions

(i)

Plat Approval is not required where expressly exempted from platting by Article 7 of the Broward County Administrative Rules as amended from time to time.

(ii)

Plat Approval is not required under provision (a)(ii) above for:

The combination or recombination of lots or portions of previously subdivided and recorded lots where:

The total number of lots is not increased;

Each resulting lot complies with applicable lot standards of this Code; and

No nonconformities are created.

The division of a lot resulting from the public acquisition of land for the purpose of establishing, opening, widening, or expanding streets, parks, or greenways.

A revision of a previously approved and recorded plat that incorporates only minor changes to nonvehicular access easements or openings or to plat notes.

(iii)

(c)

Alternatives to Plat Approval. Generally, development may not cross platted property lines. However, Plat Approval shall not be required in the following instances:

(i)

(ii)

(d)

Concurrent Review

(i)

(ii)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

Staff Review and Action. The Director and the Chief Building Official shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(c)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(d)

(e)

City Commission Review and Decision

(i)

(ii)

The decision shall be one of the following:

Adopt the plat as proposed;

Deny the plat;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(f)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

Plat Approval by the City allows submittal and review of an application for approval of the same plat by the Broward County Commission in accordance with the Broward County Land Development Code.

(ii)

(iii)

Continue to comply with this Code;

Are necessary to comply with conditions of approval; or

(4)

Review Standards. An application for Plat Approval shall be approved only if the Director determines that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable district, use, and development standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(K)

Temporary Use/Structure Permit

(1)

(2)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards. An application for a Temporary Use/Structure Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable temporary use standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(L)

Sign Permit

(1)

Purpose. The purpose of this subsection is to provide a uniform mechanism for reviewing applications for Sign Permits to ensure signs comply with the applicable standards in §10-4.10.

(2)

Applicability. A Sign Permit is required before the construction, erection, installation, posting, relocation, or alteration of any sign unless it is exempt under §10-4.10(B)(2), Exemptions.

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards. An application for a Sign Permit shall be approved only if the Director and the Chief Building Official determine that the proposed development:

(a)

Will be consistent with the Comprehensive Plan;

(b)

Will comply with applicable signs standards, as well as all other applicable standards in this Code; and

(c)

Will comply with all requirements and conditions of approval of any prior development permits or approvals.

(M)

Tree Removal License

(1)

(2)

Relationship to this Code

(a)

(b)

Failure of a landowner to replace a removed tree in accordance with section 10-4.4 "Landscaping and Tree Preservation" shall also constitute a violation of this Code.

(N)

Building Permit

(1)

(2)

(O)

Certificate of Occupancy

(1)

General

(a)

(b)

(c)

A Business Tax Receipt shall be obtained for a new or transferring business prior to the issuance of a Certificate of Occupancy.

(2)

(P)

Administrative Adjustment

(1)

(2)

Applicability

(a)

(b)

Table 10-5.3: Allowable Administrative Adjustments
Standard	Maximum Allowable Administrative Adjustment
Lot Standards
Net lot area	10 %
Lot width	10 %
Lot or pervious coverage	10%
Setbacks
Front setback	10 %
Corner side setback	20 %
Side setback	25 %
Building separation	30 %
Rear setback	20 %
Building Standards
Structure height	10 %
Site Development and Design Standards
Block length	10 %
Block length	10 %
Perimeter buffer width	15 %
Perimeter buffer planting rate	10 %
Driveway spacing	10 %
Street intersection spacing	10 %
Number of vehicle parking spaces	10 %
Number of bicycle parking spaces	10 %
Stacking lane distance for parking area entrance drives,	10 %
Walking distance between shared, off-site, or on-street vehicle parking spaces and primary pedestrian entrance of uses served	10 %
Vegetation size at time of planting	10 %
Vehicle use area planting island area and dimensions	10 %
Street tree planting rate	10 %
Fence or wall height	1 ft.
Outdoor Lighting Standards
Average light level to minimum light level uniformity ratio	15 %
Lighting height	10 %
Sign Standards
Projection fascia sign	10 %
Sign face area or dimensions	10 %
Sign height	10 %
Sign wall coverage	10 %
Encroachment into required yards	15 %

(c)

Reasonable Accommodations Under the FFHA

(i)

Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than ten percent; or

Reduce any off-street parking requirement by no more than one space.

(ii)

(d)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with city staff in accordance with [sub]section 10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with [sub]section 10-5.3(D).

(c)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(d)

Post-Decision Actions. The post-decision actions and limitations in [sub]section 10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

(a)

The administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible development.

(b)

Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable.

(c)

The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either:

(i)

Required to compensate for some unusual aspect of the development site or the proposed development that is not shared by landowners generally;

(ii)

Proposed to protect sensitive natural resources or save healthy existing trees; or

(iii)

Required to eliminate a minor inadvertent failure to fully comply with a standard.

(d)

The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.

(e)

The administrative adjustment is consistent with the purpose of the zoning district where located and with the comprehensive plan.

(Q)

Variance

(1)

(2)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D).

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Meetings. The application shall be scheduled, and required public notices provided, for the Planning Board hearing in accordance with §10-5.3(F).

(e)

Planning Board Review and Action

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(H).

(ii)

The recommendation shall be one of the following:

Recommend approval of the application as submitted;

Recommend approval of the application subject to conditions;

Recommend denial of the application.

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application as submitted;

Approve the application subject to conditions;

Deny the application; or

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notice and additional review fees.)

(iii)

The timeframes for setting a hearing provided herein may be extended by written request of the applicant.

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

Effect of Approval

(ii)

(4)

Review Standards

(a)

(i)

(ii)

The special conditions and circumstances referred to above are not the result of the actions of the landowner;

(iii)

(iv)

The Variance would not confer any special privilege on the landowner that is denied by law to other similarly situated properties subject to the standard from which the Variance is sought;

(v)

The extent of the Variance is the minimum necessary to allow a reasonable use of the property;

(vi)

The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;

(vii)

(viii)

The Variance is consistent with the Comprehensive Plan.

(b)

Insufficient Grounds for Approving Variances

(i)

The following factors shall not constitute sufficient grounds for approval of any Variance:

A request for a particular use that is expressly, or by inference, prohibited in the zoning district;

Hardships resulting from factors other than application of requirements of this Code;

The fact that property may be utilized more profitably or be more marketable with a Variance; or

The citing of nonconformities in the same or other zoning districts.

(ii)

Should an applicant wish to appeal a decision by the City Commission, the applicant shall follow the provisions of §10-5.4(R), Administrative Appeal, and appeal to the courts.

(R)

Administrative Appeal

(1)

(2)

(3)

(a)

Application Submittal and Acceptance. The application shall be submitted and accepted, and may be withdrawn, in accordance with §10-5.3(D), subject to the following:

(i)

The application shall:

Identify the decision, interpretation, order being appealed;

State facts demonstrating that the applicant is a party aggrieved by the decision, interpretation, or order being appealed;

Describe the alleged error in the decision, interpretation, or order being appealed and the grounds on which the applicant contends that an error was made;

Set forth facts and materials in support of the appeal; and.

Set forth the relief the applicant seeks.

(ii)

(b)

Staff Transmittal of Materials to Planning Board. The Director shall:

(i)

Refer the application to the administrative official whose decision, interpretation, or order is being appealed;

(ii)

Collect and compile all documents and other materials relevant to the decision, interpretation, or order being appealed; and

(iii)

Transmit the application and relevant documents and other materials to the Planning Board in accordance with §10-5.3(E)(3)(b).

(c)

(d)

Planning Board Review and Decision

(i)

The Planning Board shall review the application, hold a quasi-judicial public hearing, and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Affirmation of the decision, interpretation, or order being appealed (in whole or in part);

Modification of the decision, interpretation, or order being appealed (in whole or in part); or

Reversal of the decision, interpretation, or order being appealed (in whole or in part).

(iii)

(e)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(4)

Review Standards

(a)

(b)

(5)

(6)

Appeal of City Commission Decisions. Appeal of any City Commission decision made under this Code shall be to the courts.

(S)

Flex and Redevelopment Units and Acreage

(1)

(2)

Applicability

(a)

The procedures and standards in this subsection apply to the review of any proposal to assign flex/redevelopment units to a particular site.

(b)

An application for flex/redevelopment units may be submitted and reviewed concurrently with an application for Rezoning and Land Use Map Amendment where applicable.

(c)

(3)

(a)

Pre-Application Staff Conference. The applicant shall hold a pre-application conference with City staff in accordance with §10-5.3(B).

(b)

(i)

A statement and appropriate documentation of the applicant's interest in the property for which the application is filed;

(ii)

The legal description of the property, accompanied by a map or survey which depicts the location of the property in relation to major streets and landmarks;

(iii)

A recorded plat or a survey of the property that has been performed within one year preceding the date of application;

(iv)

(v)

(vi)

(vii)

Such other information as shall be deemed by the Director to be necessary in order to evaluate the application; and

(viii)

A statement of land proposed to be dedicated, or payment in lieu of dedication for recreational, drainage or other municipal purposes per unit to be granted.

(c)

Staff Review and Action. The Director shall review the application and prepare a staff memorandum and recommendation in accordance with §10-5.3(E).

(d)

Scheduling and Public Notice of Hearings. The application shall be scheduled, and required public notices provided, for Planning Board and City Commission hearings in accordance with §10-5.3(F).

(e)

Planning Board Review and Action. The Planning Board shall review the application, hold a quasi-judicial public hearing, and make a recommendation in accordance with §10-5.3(G).

(f)

City Commission Review and Decision

(i)

The City Commission shall review the application, hold a quasi-judicial public hearing in accordance with §10-5.3(I), and decide the application in accordance with §10-5.3(H).

(ii)

The decision shall be one of the following:

Approve the application with the number of flex/redevelopment units proposed;

Approve the application with a reduced number of flex/redevelopment units;

Deny the application;

Remand the application back to the Director and Planning Board for further consideration. (This may require further public hearing notices and additional review fees.)

(g)

Post-Decision Actions and Limitations. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

(iii)

(iv)

(4)

(a)

Would be consistent with the Comprehensive Plan;

(b)

Would address a community need;

(c)

Would be compatible with the surrounding area;

(d)

Could be adequately served by City and Broward County facilities and services; and

(e)

Would provide sufficient dedication of land for municipal purposes, or payment in lieu of such dedication.

(T)

Newsrack Certificate of Compliance

(1)

(2)

(3)

(a)

(b)

(i)

Approve the application as submitted;

(ii)

Approve the application subject to conditions; or

(iii)

Deny the application.

(c)

Post-Decision Actions. The post-decision actions and limitations in §10-5.3(J) shall apply to the application except as follows:

(i)

(ii)

Effect of Approval. A Newsrack Certificate of Compliance authorizes placement of the approved newsrack(s) in accordance with the terms and conditions of the certificate.

(iii)

Expiration of Approval. A Newsrack Certificate of Compliance does not expire.

(4)

(U)

Zoning in Progress Determination

(1)

(2)

Applicability

(a)

From the time the Director determines that:

(i)

the City is actively developing and processing a proposal to amend this Code in a way that would preclude permits and approvals of certain uses and development, and

(ii)

(b)

(3)

Procedure

(a)

Director's Determination and Administrative Order

(i)

Prohibits the issuance of any development permits or granting of development approvals that would be precluded by the proposed amendment;

Prohibits the acceptance of any applications for development permits and approvals that would be precluded by the proposed amendment.

(ii)

The administrative order shall also revoke any development permit or approval subject

(iii)

(iv)

(v)

On issuing the administrative order, the Director shall schedule consideration of a resolution confirming the administrative order for the next available City Commission meeting.

(b)

City Commission Conformation of Director's Determination

(i)

The City Commission shall review the Director's zoning in progress determination and decide whether to confirm or reject it.

(ii)

(iii)

(c)

(d)

City Commission Review and Action

(i)

(ii)

Promotion of redevelopment and elimination of the causes of physical and economic blight;

Enrichment of the visual and functional quality of the streetscape for all user groups;

Creation of housing/affordable housing opportunities and choices by presenting innovative mixed land-use proposals;

Creation of an environment which fosters economic development through commercial redevelopment/revitalization, investment and job creation;

Creation of opportunities and incentives that facilitate redevelopment of private property;

Improvement of circulation for pedestrians, bicyclists and motorists;

Maintenance of Tamarac's strong demographic make-up and enhancement of the community's competitive position within Broward County;

Improper land use distribution; or

Any other factor that has a deleterious effect on the quality of life of the residents of affected areas, economic viability, and overall environment.

(e)

(Ord. No. O-2021-020, §§ 7—9, 5-12-21; Ord. No. 2022-003, § 4, 3-23-22; Ord. No. O-2024-022, § 2, 11-13-24)

10-5.5 - Enforcement

(A)

General

(1)

(2)

(B)

Violations and Responsible Persons

(1)

Violations Generally

(a)

(b)

(2)

Specific Violations. It shall be a violation of this Code to undertake any activity contrary to the provisions of this Code, including but not limited to any of the following:

(a)

Develop land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(b)

Occupy or use land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(c)

Subdivide land without first obtaining all appropriate development permits and approvals required to engage in subdivision, and complying with their terms and conditions.

(d)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions.

(e)

Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and approvals, and complying with their terms and conditions.

(f)

Disturb any landscaped area or vegetation required by this Code.

(g)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate building permits and approvals, and complying with their terms and conditions.

(h)

Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the relevant development permit or approval has expired.

(i)

Create, expand, replace, or change any nonconformity except in compliance with this Code.

(j)

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Code.

(k)

Increase the intensity or density of development, except in accordance with the standards of this Code.

(l)

Utilize or operate a business out of a structure without obtaining and maintaining a valid Business Tax Receipt.

(m)

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

(3)

(C)

Enforcement Responsibility and Procedures

(1)

(2)

(3)

(4)

Enforcement Procedure. The provisions of this Code shall be enforced in accordance with the procedures in Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.

(D)

Remedies and Penalties

(1)

(2)

Civil Remedies

(a)

(b)

(c)

(d)

(e)

(f)

Order of Abatement

(i)

In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

That buildings or other structures on the land be closed, demolished, or removed;

That fixtures, furniture, or other moveable property be moved or removed entirely;

That improvements, alterations, modifications, or repairs be made;

That removed trees be replaced; or

That any other action be taken as necessary to bring the land into compliance with this Code

(ii)

The City may execute an Order of Abatement.

(g)

(3)

(4)

10-5.6 - Review Authorities

This section identifies the roles and responsibilities of City staff and City boards involved in the review of development applications.

(A)

City Staff

(1)

Community Development Director

(a)

(b)

Powers and Duties

(i)

(ii)

Other Powers and Duties. The Director shall have the following additional powers and duties under this Code:

To conduct pre-application conferences (§ 10-5.3(B));

To serve as Chair of the Development Review Committee and participate in the review of development applications as a member of the Committee;

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

To monitor the impact of existing and committed development on public facilities subject to levels of service standards (concurrency monitoring);

To maintain the official Zoning Map and related materials;

To serve as professional staff to the Planning Board and City Commission;

To assist in enforcing this Code in accordance with §10-5.5, Enforcement;

To interpret the provisions of this Code in accordance with the standards in Article 6, Rules of Construction and Definitions;

To provide expertise and technical assistance to the City's review and decision-making bodies on request;

To maintain on file a record of all development applications reviewed under this Code and make copies available on request through the City's Public Record request process;

To assist the Planning Board in preparing and maintaining the Comprehensive Plan; and

To perform such other functions specified in Division 2 (Community Development), Article IV (Departments) of Chapter 2 (Administration) of the Municipal Code.

(2)

Chief Building Official

(a)

(b)

Powers and Duties. In addition to the powers authorized by the Building Code, the Chief Building Official shall have the following powers and duties under this Code.

(i)

(ii)

Other Powers and Duties. The Chief Building Official shall have the following additional powers and duties under this Code:

To participate in the review of development applications as a member of the Development Review Committee;

To assist the Director in establishing requirements for the contents of development applications reviewed under this Code, on request;

To assist the Director in developing and maintaining an administrative manual, on request;

To assist in enforcing this Code in accordance with §10-5.5; and

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

(3)

Development Review Committee

(a)

(b)

Powers and Duties

(i)

Review of Development Applications. The Development Review Committee shall have the review authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(ii)

Other Powers and Duties. The Development Review Committee shall have the following additional powers and duties under this Code:

Provide expertise and technical assistance to the City's review and decision-making bodies on request; and

Review and comment on proposed amendments.

(iii)

Membership

Community Development Department, Planning and Zoning Division;

Public Services Department;

Building Department;

Fire Rescue Department; and

Broward County Sheriff's Office, at the Director's discretion.

(iv)

(v)

Meetings

Development Review Committee meetings are open to the public.

(4)

City Attorney

(a)

General. The City Attorney is appointed by the City Commission and serves as its legal advisor.

(b)

Powers and Duties. In addition to the authority and duties conferred by general law and the City Commission, the City Attorney shall have the following powers and duties under this Code:

(i)

(ii)

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

(iii)

To assist the Director in interpreting the provisions of this Code;

(iv)

To assist in enforcing this Code and in prosecuting actions against violators in accordance with §10-5.5; and

(v)

To counsel the City Commission, Planning Board, Director, and City departments in the review of development applications and the general implementation of this Code.

(5)

(B)

Planning Board

(1)

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the Planning Board shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The Planning Board shall have the review and recommendation authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

Other Powers and Duties

(i)

(ii)

Comprehensive Plan. The Planning Board shall:

Prepare a Comprehensive Plan in accordance with the Community Planning Act, and make recommendations to the City Commission regarding adoption of the Plan; and

Monitor and oversee the effectiveness and status of the Comprehensive Plan and submit periodic reports on the Plan to the City Commission as required by Florida Statutes.

(iii)

Other. The Planning Board shall:

Have all other powers and duties of a planning board as provided by the Community Planning Act.

Have any other powers and duties delegated to it by the City Commission, consistent with State law.

(c)

Membership, Appointment, and Terms of Office

(i)

Membership and Appointment

The Planning Board shall consist of:

Five regular voting members appointed by the City Commission in accordance with subsection 2-56 et seq. of the Municipal Code;

Two alternate members appointed by a majority vote of the Mayor and Commissioners; and

One ex officio, non-voting member designated by the Broward County School Board in accordance with F.S. §163.3174.

Each member of the Planning Board shall be a resident of the city.

The member designated by the School Board may participate in all matters related to land use and zoning matters which, if approved, would increase residential density.

Any interested citizen may be appointed to the Planning Board, but those with experience or interest in the following areas shall receive special consideration:

Architecture;

Law;

Land development;

Real estate development or sales;

Environmental science;

Urban planning;

Engineering; or

Activism in a neighborhood, condominium, or homeowners' association.

(ii)

Terms

(iii)

Attendance. A Planning Board member may be removed and replaced for absenteeism from regular Board meetings in accordance with §2-31 of the Municipal Code.

(iv)

(d)

(e)

Officers

(i)

The Planning Board shall elect a Chair and Vice-Chair from among its members in accordance with §2-31 of the Municipal Code.

(ii)

(f)

Meetings

(i)

(ii)

Meeting Notice. Notice of all Planning Board meetings shall be provided in accordance with State law and the requirements in §10-5.3(F), Scheduling and Notice of Public Hearings.

(iii)

Open Meetings. All Planning Board meetings shall be open to the public in accordance with State law.

(iv)

Meeting Procedure. In conducting its meetings, the Planning Board shall follow Robert's Rules of Order, Newly Revised, consistent with the procedural requirements of this Code and State law.

(v)

(vi)

Quorum and Vote

Quorum. A majority of the Planning Board's regular membership shall constitute a quorum. No official business of the Board shall be conducted without a quorum present.

(g)

(C)

City Commission

(1)

General. The City Commission is the governing or legislative body of the City and has sole authority to adopt or amend provisions in this Code and the Zoning Map.

(2)

Powers and Duties. To exercise the authority granted it by State law and the City Charter, the City Commission shall have the following powers and duties under this Code.

(a)

Review of Development Applications. The City Commission shall have the review and decision-making authority and responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.

(b)

(c)

Adopt Schedule of Civil Penalties. The City Commission is authorized to adopt, by resolution, a schedule of civil penalties for violations of this Code.

(d)

(D)

City Engineer

(1)

(2)

Powers and Duties. In addition to the powers authorized by this Code, the City Engineer shall have the following powers and duties under this Code.

(a)

(b)

Other Powers and Duties. The City Engineer shall have the following additional powers and duties under this Code:

(i)

To participate in the review of development applications as a member of the Development Review Committee;

(ii)

To assist the City Manager in establishing requirements for the contents and format of development applications reviewed under this Code, on request;

(iii)

To assist the City Manager in developing and maintaining an administrative manual, on request;

(iv)

To assist in enforcing this Code in accordance with Sec. 10-5.6:; and

(v)

To provide expertise and technical assistance to the City's review and decision-making bodies on request.

10-5.7 - New Development impact fees

(A)

Procedural and Administrative Requirements.

(1)

Purpose and Authority.

(a)

(b)

The City Commission has completed a study establishing the type, amount and cost of projected public facility improvements needed to serve new growth and development.

(c)

The purpose of this section is to ensure that new growth and development that is approved by the City pays a fair share of the costs of public facilities needed to serve new growth and development.

(d)

(e)

(f)

The technical data, findings and conclusions herein are based on the Comprehensive Plan, as amended, the 2019 Impact Fee Study (the "Technical Report"), and other studies and reports.

(2)

Adoption of Technical Report as Basis of Impact Fees.

(3)

Interpretations of Sections and fee schedule.

Interpretation of the provisions of this section shall be made by the City Manager or the City Manager's designee.

(4)

Effect on other regulations and requirements.

(a)

(b)

(c)

(B)

Definitions.

Developer. For purposes of this section means a person, corporation, organization, or other legal entity undertaking development.

Encumbered means legally obligated or otherwise committed to use by appropriation or contract.

Fee payer means a person undertaking development who pays a fair share impact fee in accordance with the terms of this section.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

(5)

The cost of relocating utilities to accommodate new construction;

(6)

The cost of planning, engineering and legal services;

(7)

The cost of all land surveying, and soils and materials testing; and

(8)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Impact fee means a fee imposed pursuant to this section.

Impact fee account means an account established by the City for the purpose of segregating impact fee revenues collected for a particular public facility from all other City funds.

Level of service is a measure of the availability and accessibility of public facilities in support of public facility services.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

(5)

The costs of transit improvements, including bus shelters, bus stops, benches, transfer stations, and fleet vehicles;

(6)

The cost of bike paths and pedestrian walkway improvements within planned roadway alignments;

(7)

The cost of relocating utilities to accommodate new roadway construction;

(8)

The cost of planning, engineering and legal services;

(9)

The cost of all land surveying, and soils and materials testing; and

(10)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Public facilities means capacity-adding multimodal facilities, parks and recreation facilities, and governmental facilities for which impact fees are collected pursuant to this section.

Public facilities capital costs include governmental facilities capital costs, parks and recreation facilities capital costs, and multimodal capital costs.

(1)

The cost of all labor and materials;

(2)

The cost of all lands, property, rights, easements and franchises acquired, including costs of acquisition or condemnation;

(3)

The cost of all plans and specifications;

(4)

The cost of new equipment;

(5)

(6)

The cost of relocating utilities to accommodate new construction;

(7)

The cost of planning, engineering and legal services;

(8)

The cost of all land surveying, and soils and materials testing; and

(9)

The cost of mitigating negative impacts of construction including natural resource impacts, environmental impacts, noise impacts, air quality impacts, and community impacts.

Technical report means the "City of Tamarac Impact Fee Study," prepared by Tindale-Oliver, and dated October 18, 2019.

(C)

Applicability of This Section.

(1)

Affected Area.

This section shall apply to all new development within the City. Impact fees for particular public facilities may apply to less than the entire City, only as indicated specifically in this section.

(2)

Type of Development Affected.

Except where specifically exempt by the provisions of this section, this section shall apply to all new development.

(3)

Type of Development Not Affected.

The following types of development shall be exempt from the payment of impact fees pursuant to this section:

Alterations or expansion of an existing dwelling unit where no additional units are created, and the use is not changed;

For multimodal fees, the construction of accessory buildings or structures which will not increase the traffic counts associated with the principal building or structure or the land;

The replacement of a destroyed or partially destroyed building or structure, with a new building or structure of the same size and use;

(a)

The construction of agricultural structures;

(b)

Temporary uses; and

(c)

Essential public services.

(4)

Reductions.

Reductions from the requirement to pay impact fees pursuant to this section shall be granted only as specifically provided in this section.

(D)

Collection of Impact Fees; Fair Share Agreements; When Not Paid By Mistake or Inadvertence; Liens.

(1)

(2)

(3)

(a)

(b)

The impact fee statement notice shall contain the legal description of the property and shall advise the applicant and the owner as follows:

(i)

The amount due and the general purpose for which the impact fee was imposed.

(ii)

(c)

(d)

(e)

(f)

(g)

(h)

(E)

Individual Assessment of Impact Fees.

(1)

(2)

(3)

(4)

(5)

Any applicant may appeal the city manager's or his/her designee's decision on an individual assessment analysis by filing a petition to the City Commission of the City consistent with 10-5.7(J).

(F)

Credits.

(1)

(2)

(3)

(4)

(a)

The actual cost, or estimated cost of improvements based on recent bid sheet information of the city; and

(b)

A qualified appraisal of the fair market value of any land.

(5)

(a)

A proposed plan of specific public facility improvements, prepared and certified by a duly qualified and licensed Florida engineer; and

(b)

(6)

(7)

(8)

(9)

(10)

Within 14 days after execution by the city, the credit agreement shall be recorded in the Broward County public records.

(11)

(G)

Use of Funds Collected; Impact Fee Accounts.

(1)

(a)

Public facilities and public facilities capital costs identified in the Comprehensive Plan to benefit new users;

(b)

(c)

(d)

Administration of the City's impact fee program to the extent that such administration costs do not exceed actual costs of such administrative activities.

(2)

Impact fees collected shall be encumbered for the construction of public facilities within seven years of the date of collection.

(3)

In order to ensure that impact fee revenues are earmarked and spent solely for the expansion of public facilities necessary to offset the impacts of new development, the following provisions apply:

(a)

The City shall establish and maintain separate impact fee accounts for each public facility for which an impact fee is collected, in accordance with the provisions of this section.

(b)

Impact fees shall be spent solely for the public facility category for which they were collected.

(c)

(4)

Impact fee revenues shall remain segregated from other City funds and only impact fees and accrued interest shall be maintained in the impact fee accounts.

(5)

(H)

Refunds.

(1)

(2)

(3)

A refund application shall include the following information:

(a)

A notarized sworn statement that the fee payer paid the impact fee for the property and the amount paid;

(b)

A copy of the dated receipt issued by the City for payment of the fee;

(c)

A certified copy of the latest recorded deed for the property; and

(d)

A copy of the most recent ad valorem tax bill.

(4)

(5)

(6)

(7)

Any fee payer may appeal the city manager's or his/her designee's written decision on a refund application by filing a petition with the City Commission consistent with 10-5.7(J).

(I)

Updating, Indexing, Annual Reporting, and Audits.

(1)

At least once every five years, the City shall update the technical report which provides the basis for the impact fees imposed under this section.

(2)

(3)

(4)

All updates and annual adjustments to this section shall comply with statutory requirements for notice and publication.

(J)

Appeals.

(1)

(2)

Record. The record considered by the City Commission shall be the record of the application associated with the final decision being appealed from and any other documents related to the decision.

(3)

Notice. The city clerk shall provide the applicant at least 15 calendar days' notice of the appeal before the City Commission by mail or hand delivery.

(4)

(5)

(6)

Form of Decision. The City Commission's decision on the appeal shall be in writing and include findings of fact and the application of those facts to the relevant standards.

(K)

Imposition of Impact Fees by Public Facility.

The following impact fees are hereby levied at 50 percent of the total fee amount on all new development, as set forth in §10-5.7(C):

Impact Fee Schedule
(Government Facilities, Parks and Recreation, Transportation)

Land Use	Impact Unit	Govt. Facilities	Parks and Rec.	Multi-Modal Transp. (Local)	Total Fee	50% of Fees
Single Family (2,000 sq ft)	du	$1,375	$4,963	$1,880	$8,218	$4,109
Multi-Family*	du	$916	$3,468	$1,352	$5,736	$2,868
Light Industrial	1,000 sf	$409	n/a	$848	$1,257	$629
Office Building	1,000 sf	$728	n/a	$1,668	$2,396	$1,198
Retail	1,000 sf	$1,235	n/a	$2,667	$3,902	$1,951
Bank w/Drive-Thru	1,000 sf	$1,219	n/a	$4,106	$5,325	$2,663
Fast Food Rest. w/Drive-Thru	1,000 sf	$7,936	n/a	$20,094	$28,030	$14,015

*Transportation = 1-2 floors

(1)

Governmental Facilities Impact Fee.

(a)

A governmental facilities impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

(2)

Parks and Recreation Impact Fee.

(a)

A parks and recreation impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the fee schedule.

(b)

(c)

(3)

Multimodal Transportation Impact Fee.

(a)

A multimodal transportation fee shall be assessed and collected from new development, pursuant to all applicable provisions of this section, in accordance with the following fee schedule.

(b)

(Ord. No. O-2020-001, § 2, 1-8-20; Ord. No. O-2020-007, § 2, 5-13-20)