§ 16-38. Applications for land use plan amendment, rezoning (zoning map amendments) and development orders for developments of regional impact (DRI).  


Latest version.
  • (a)

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

    (b)

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

    (1)

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

    (2)

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

    (3)

    A location map if a particular site is involved.

    (4)

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

    (5)

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

    (6)

    Other information as required by the department.

    (c)

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

    (1)

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

    (2)

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

    (3)

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

    (4)

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

    (5)

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

    (6)

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

    (d)

    Review by planning and zoning board.

    (1)

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

    (2)

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

    (e)

    Review by city commission.

    (1)

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

    (2)

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

    (3)

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

    (f)

    Notification of surrounding property owners.

    (1)

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

    (2)

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

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