For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTION PLAN. A program of transportation improvements designed at a minimum to accommodate the net traffic
impact of development to the extent that the regional road network lacks available capacity to provide for the net traffic impact of development.
ADMINISTRATIVE RULES DOCUMENT. A publication containing rules, guidelines, procedures, and methodologies reviewed, revised, adopted and amended by the Broward County Planning Council and the Board of County Commissioners for the purpose of providing assistance and guidance to local governmental entities and providing direction to city staff in implementing the Broward County Land Use Plan.
AMENDMENT. Any change to an adopted comprehensive plan exception, correction, update and
modification of the capital improvements element concerning costs, revenue, services, acceptance of facilities or facility construction dates consistent with the plan as provided in F.S. § 163.3177(3)(b), and corrections, updates or modifications of current costs in other elements, as provided in F.S. § 163.3187(2).
BROWARD COUNTY LAND USE PLAN. The future land use plan element for all of Broward County adopted by the Broward County Commission in conformance with the requirements of the Broward County Charter and the Local Government Comprehensive, Planning and Land Development Regulation Act.
BROWARD COUNTY TRAFFICWAYS PLAN. The plan promulgated by the Broward County Planning Council pursuant to F.S. Chapter 59-1154, as amended, and the Broward County Charter, which depicts a network of trafficways for Broward County (also known as the Broward County Planning Council Trafficways Plan).
BUILDING PERMIT.
(A) Any permit for the erection or construction of a new building required by the Broward County Amendments to the Florida Building Code, as amended from time to time.
(B) Any permit for an addition to an existing building which would create one or more additional dwelling units, or involve a change in the occupancy of a building as described in the Broward County Amendments to the Florida Building Code, as amended from time to time.
(C) Any permit which would be required for the nonresidential operations included in the Broward County Amendments to the Florida Building Code, as amended from time to time.
CAPITAL BUDGET. The portion of each local government’s budget which reflects capital improvements scheduled for a fiscal year.
CAPITAL IMPROVEMENT. Physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. For the purpose of this rule, physical assets which have been identified as existing or projected needs in the individual comprehensive plan
elements shall be considered capital improvements.
CERTIFIED LAND USE PLAN. A local land use plan which has been certified by the Broward County Planning Council as being in substantial conformity with the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan and which has been adopted by a unit of local government in conformance with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act.
COMPACT DEFERRAL AREA. The geographic area which is a two mile band having a center line which is coincident with the center line of the congested link, extending parallel to the congested link for a distance of one-half mile beyond each end point of the congested link.
COMPREHENSIVE PLAN. A plan that meets the requirements of F.S. §§ 163.3177 and 163.3178,
CONCURRENCE. Public facilities and services needed to support development shall be available at the same time or coincidental with the impacts of such development.
CONCURRENCE MANAGEMENT SYSTEM. The provisions in the local government comprehensive plan including implementation regulations, encompassing the restrictions, methods, resources, timing and solutions intended to be compatible with and further compliance with the statutory requirement to provide public facilities and services needed to support development concurrent with the impacts of such development.
CONSISTENT. Compatible with and furthers. COMPATIBLE WITH means not in conflict with. FURTHER means to take action in the direction of realizing the goals and policies. As applied to the local plan, a local plan shall be consistent with the state plan and the regional plan.
DEVELOPER. Any person, including governmental agency, undertaking any development.
DEVELOPMENT.
(A) The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure of land, or the dividing of land into two or more parcels.
(B) The following activities or uses shall be taken for the purposes of this chapter to involve
DEVELOPMENT, as defined in this section:
(1) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.
(2) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a materia increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
(3) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any “coastal construction” as defined in F.S. § 161.021.
(4) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.
(5) Demolition of a structure.
(6) Clearing of land as an adjunct of construction.
(7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(8) Installation of utilities.
(C) The following operations or uses shall not be taken for the purpose of this chapter to involve
DEVELOPMENT as defined herein:
(1) Work by a highway or road agency or railroad company of the maintenance or improvement of a road or railroad tract, if the work is carried out on land within the boundaries of the right-of-way.
(2) Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, powerlines, towers, poles, tracks, or the like.
(3) Work for the maintenance, renewal, improvement, or alteration of any structures if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
(4) The use of any structure or land devoted to dwelling uses or any purpose customarily incidental to enjoyment of the dwelling.
(5) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
(6) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.
(7) A change in the ownership or form of ownership of any parcel or structure.
(8) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights of land.
(D) DEVELOPMENT, as designated in an ordinance, rule, or development rule includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, DEVELOPMENT refers to the act of developing to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of division (A).
DEVELOPMENT ORDER. Any order granting, denying, or granting with conditions an application for a development permit.
DEVELOPMENT PERMIT. Includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development.
DRAINAGE FACILITIES. A system of man- made structures designed to collect, convey, hold, divert or discharge stormwater, and includes stormwater sewers, canals, detention structures, and retention structures.
IMPROVEMENTS. May include, but are not limited to, street pavements, curbs and gutters, sidewalks, alley pavements, walkway pavements,
water mains, sanitary sewers, storm sewers or drains, street names, signs, landscaping, permanent reference monuments, permanent control points, or any other improvement required by a governing body.
INFRASTRUCTURE. Those man-made structures which serve the common needs of the population, such as: sewage disposal systems; potable water systems; potable water wells serving a system; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marines; navigation channels; bridges; and roadways.
LAND DEVELOPMENT CODE. The various types of regulations for the development of land within the jurisdiction of a unit of local government when combined into a single document.
LAND DEVELOPMENT REGULATION. Ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land.
LAND USE. The development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under an adopted comprehensive plan or element or portion thereof, land development regulations, or a land development code, as the context may indicate.
LEVEL OF SERVICE. An indicator of the extent or degree of service provided by, or proposed to be provided by a facility based on and regulated to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility.
LOCAL COMPREHENSIVE PLAN. Any or all local comprehensive plans or element or portions thereof prepared, adopted, or amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act.
NEIGHBORHOOD PARK. A park which serves the population of a neighborhood and is generally accessible by bicycle or pedestrian ways.
PARK. A community, or regional park.
PLANNING ACT. The Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161 et seq.
PLAT. A map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of this chapter and of any local ordinances, and may include the terms “replat”, “amended plat”, or “revised plat”.
POTABLE WATER FACILITIES. A system of structures designed to collect, treat, or distribute potable water, and includes water wells, treatment plants, reservoirs, and distribution mains.
PRINCIPAL BUILDING. A building which is occupied by, or devoted to, a principal use or an addition to an existing principal building which is larger than the original existing building.
PRINCIPAL USE. The primary use of a parcel of land as distinguished from secondary or accessory uses. There may be more than one principal or main use on a parcel of land.
PRIVATE RECREATION SITES. Sites owned by private, commercial or non-profit entities available to the public for purposes of recreational use.
PUBLIC FACILITIES. Major capital improvements, including, but not limited to, transportation, sanitary, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
PUBLIC RECREATION SITES. Sites owned or leased on a long-term basis by a federal, state, regional or local government agency for purposes of recreational use.
PUBLIC UTILITY. Includes any public or private utility, such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, or telephone line, whether underground or overhead.
RECERTIFICATION. A local land use plan which has previously been certified by the Broward County Planning Council, but because of amendments, decertification, or amendment to the
Broward County Land Use Plan, is no longer in conformity, and must be recertified by the Broward County Planning Council as being in substantial conformity with the Broward County Land Use Plan.
RECREATIONAL FACILITY. A component of a recreation site used by the public such as a trail, court, athletic field or swimming pool.
REGIONAL ROADWAY NETWORK. The roads contained within the Broward County Metropolitan Planning Organization’s adopted Year 2010 Highway Network, except for those roads functionally classified as city collector roads.
RESIDENT POPULATION. Inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population.
SANITARY SEWER FACILITIES. Structures or systems designed for the collection, transmission, treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and disposal systems.
SEASONAL POPULATION. Part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population shall include tourists, migrant farmworkers, and other short-term and long-term visitors.
SERVICES. The program and employees determined necessary by local government to provide adequate operation and maintenance of public facilities and infrastructure as well as those educational, health care, social and other programs necessary to support the programs, public facilities, and infrastructure set out in the local plan or required by local, state, or federal law.
SOLID WASTE. Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material, including solid, liquified, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
SOLID WASTE FACILITIES. Structures or systems designed for the collection, processing or disposal of solid wastes, including hazardous wastes, and includes transfer stations, processing plants,
recycling plants, and disposal systems.
STATE COMPREHENSIVE PLAN. The goals and policies contained within the state comprehensive plan, F.S. §§ 187.201.
STATE LAND PLANNING AGENCY. The Department of Community Affairs may be referred to in this part as “DCA”.
STRUCTURE. Anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. STRUCTURE also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.
SUBDIVISION. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land; and includes establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, relates to the process of subdividing or to the lands or area subdivided.
SUBSTANTIAL CONFORMITY. Refers to the Broward County Charter requirement contained in Article VI, Section 6.05 D & E that local governmental future land use plans shall be materially and pertinently compatible with and further the Broward County Land Use Plan in order to be certified or recertified.
VESTED RIGHTS. Rights which have so completely and definitely accrued to or settled in a person, which it is right and equitable that government should recognize and protect, as being lawful in themselves, and settled according to then current law.
(Ord. 936, passed 10-17-90; Am. Ord. 1715, passed 5-2-12)