(A) Site plan.
(1) Purpose. To ensure that layout and general design of proposed development comply with all applicable standards in this Code.
(2) Applicability:
(a) Construction of new structures on vacant land including but not limited to buildings or parking lots.
(b) Construction of freestanding building(s) or out parcel building(s).
(c) Significant modifications to an approved plan which change the function and/or character of an existing site as determined by the Director.
(d) Significant redevelopment of an existing site as determined by the Director.
(3) Exemption:
(a) Construction of a single-family home (if in accordance with a valid building permit).
(b) Repairs or renovations to residential or nonresidential structures, but only when the improvements are made to the interior of the structure or when the facade, roofline, or exterior dimensions of the structure are not changed.
(c) Demolition.
(d) Land clearing activity done in compliance with a valid land clearing permit issued pursuant to this Code and a city engineering permit.
(e) The deposit and contouring of fill on land.
(4) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) Site plans that have buildings or structures exceeding 50 feet in height shall require review and action by the City Commission.
(B) Site plan amendment.
(1) Purpose. To provide means for the consideration of proposed modifications to previously approved site plans.
(2) Applicability:
(a) Additions to existing buildings or structures.
(b) Modifications which may change the function and/or character of an existing site.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) Site plan amendments that have additions or modifications to buildings or structures exceeding 50 feet in height shall require review and action by the City Commission.
(C) Administrative review.
(1) Purpose. To provide means for the consideration of modifications to an existing development plan, which does not significantly alter function and/or character of an existing site.
(2) Applicability. Minor modifications to an existing development plan that follow the provisions and intent of this LDC and which do not depart from the principal concept of the approved plan, as determined by the Planning and Economic Development Department.
(3) Procedure:
(a) The Planning and Economic Development Department shall determine the process for an administrative review and shall be one of the following:
1. Staff review resulting in the issuance of a zoning letter.
2. Review and action by the Planning and Zoning Board.
(b) Refer to Table 155.301 for specific application review process, once determined by the Department.
(D) Zoning change (zoning map amendment).
(1) Purpose. To provide means for the consideration of amendments to the official zoning map whenever public necessity, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.
(2) Applicability. All land that meets minimum lot size requirements within the City of Pembroke Pines is eligible for a zoning change so long as the proposed change is consistent with the underlying land use and plat.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as an ordinance which requires transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission.
(4) Limitations on subsequent applications:
(a) If the Planning and Zoning Board or City Commission has acted to deny a petition for the zoning change of property, the Board will not consider any further petition for the same zoning change of any part of the same property for a period of one year from the date of the latest such action by either the Board or the Commission.
(b) If the Commission has changed the zoning of property by ordinance, the Board will not consider any petition for zoning change of any part of the same property for a period of six months from the effective date of the resolution.
(c) The above time limits for Board consideration may be waived by the Commission by the affirmative vote of four Commissioners, if the Commission deems such action necessary to prevent an injustice or to facilitate development consistent with the character and vision of the city.
(5) Prohibitions on conditional zoning change:
(a) No zoning change of property may contain conditions, limitations, or requirements that are not applicable to all other property in the zoning district to which the particular property is rezoned.
(b) However, voluntary commitments proposed by the applicant may be considered by the Planning and Zoning Board.
(6) Planning and Zoning Board decision required. No change or amendment relating to the boundaries of the various zoning districts and the regulations applicable thereto, shall be made by the City Commission unless the proposal or request for that change has been considered by the Planning and Zoning Board, and the Commission has received a recommendation thereon from the Board.
(E) Zoning change (Land Development Code).
(1) Purpose. To provide means consideration of amendments to the text of the LDC whenever public necessity, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.
(2) Applicability:
(a) All text within the LDC is eligible to be amended, unless such a change would conflict with county, state, or federal regulations.
(b) Proposed amendments to the text of the LDC may come from the public, city staff, City Commission.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as an ordinance which requires transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission.
(4) Limitation on subsequent applications:
(a) If the Planning and Zoning Board or City Commission has acted to deny a petition for the zoning change of property, the Board will not consider any further petition for the same zoning change of any part of the same property for a period of one year from the date of the latest such action by either the Board or the Commission.
(b) If the Commission has changed the zoning of property by an ordinance, the Board will not consider any petition for zoning change of any part of the same property for a period of six months from the effective date of the resolution.
(c) The above time limits for Board consideration may be waived by the Commission by the affirmative vote of four Commissioners, if the Commission deems such action necessary to prevent an injustice or to facilitate the proper development of the city.
(F) Zoning change (planned district text amendment).
(1) Purpose. To provide means consideration of amendments to the text of a planned district whenever public necessity, general welfare, comprehensive plan, or appropriate land use practices justify or require doing so.
(2) Applicability. All text within planned district guidelines are eligible to be amended, unless such a change would conflict with county, state, or federal regulations.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as an ordinance which requires transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission.
(4) Limitation on subsequent applications:
(a) If the Planning and Zoning Board or City Commission has acted to deny a petition for the zoning change of property, the Board will not consider any further petition for the same zoning change of any part of the same property for a period of one year from the date of the latest such action by either the Board or the Commission.
(b) If the Commission has changed the zoning of property by ordinance, the Board will not consider any petition for zoning change of any part of the same property for a period of six months from the effective date of the resolution.
(c) The above time limits for Board consideration may be waived by the Commission by the affirmative vote of four Commissioners, if the Commission deems such action necessary to prevent an injustice or to facilitate the proper development of the city.
(G) Comprehensive plan text or map amendment (land use plan amendment).
(1) Purpose. To provide means for the consideration of amendments to the future land use element of the City of Pembroke Pines.
(2) Applicability.
(a) The comprehensive plan map amendment process applies to the following types of amendments:
1. County land use plan amendment: The re-designation of property on the City of Pembroke Pines Land Use Plan which by virtue of its nature also requires an amendment to the Broward County Land Use Plan through application to the Broward County Planning Council. A county land use plan amendment shall become effective only after the City of Pembroke Pines Land Use Plan is recertified by the Broward County Planning Council.
2. Local land use plan amendment: The re-designation of property on the City of Pembroke Pines Land Use Plan which does not also require an amendment to the Broward County Land Use Plan. A local land use plan amendment shall become effective only after the City of Pembroke Pines Land Use Plan is recertified by the Broward County Planning Council.
(b) Comprehensive plan text is eligible to be amended, unless such a change would conflict with county, state, or federal regulations. Proposed amendments to the text of the comprehensive plan may come from the public, city staff, City Commission.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as an ordinance which requires transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission.
(H) Plat.
(1) Purpose. To provide a uniform means to approve the division of land, ensuring that such divisions promote the health, safety and welfare of city's inhabitants.
(2) Applicability. Platting is applicable to all land within the City of Pembroke Pines that meet the requirements set forth by Broward County.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as a resolution which requires transmittal to City Commission by the Planning and Zoning Board and one reading at City Commission.
(c) Plats shall require transmittal to the county for additional processing.
(d) Plats may require an agreement for municipal dedication.
(I) Delegation request.
(1) Purpose. To provide means for the consideration of amendments to a restrictive note or condition on an existing recorded plat.
(2) Applicability. All existing plats are eligible to be amended, if the amendment is consistent with the underlying land use.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as a resolution which requires one reading at City Commission.
(J) Flexibility allocation and redevelopment units.
(1) Purpose. To provide means for the assignment of both flexibility and redevelopment units, which are regulated by Broward County but administered by municipalities.
(2) Applicability. Flexibility units shall apply to land which can meet the criteria and rules set forth by the Broward County Administrative Rules documents.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application will be processed in conjunction with another development application either as an ordinance requiring transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission or as a resolution requiring transmittal to City Commission by the Planning and Zoning Board and one reading at City Commission.
(c) Flexibility units can only be assigned through a zoning change, plat or other official action as determined by the Planning and Economic Development Department Director.
(K) Development of regional impact (DRI) amendment.
(1) Purpose. To provide means to update development orders for an existing DRI.
(2) Applicability. Existing DRIs may be amended if they are consistent with the underlying land use and do not exceed the intended impacts. Changes to existing DRI's will be reviewed for impacts based on the standards and procedures in the city's adopted local comprehensive plan and land development regulations.
(3) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) This application is processed as an ordinance which requires transmittal to City Commission by the Planning and Zoning Board and two readings at City Commission.
(L) Interpretation.
(1) Purpose. To provide means for the applicant to request the approval or authorization of a use which is not specifically or implicitly prohibited in a zoning district.
(2) Applicability. Interpretations shall be provided upon an applicant's request.
(M) Special exception.
(1) Purpose. To provide means for the individualized review of certain uses which, due to their nature, require special consideration of their location, design, and methods of operation, as well as the impositions of conditions to mitigate concerns before they can be deemed appropriate in a zoning district and compatible with their surroundings.
(2) Applicability:
(a) Uses requiring special exception as outlined in Table 155.501 shall require review and action by the Planning and Zoning Board.
(b) City Commission review and approval of a special exception will be required for nonresidential applications that propose a floor area ratio (FAR) exceeding 0.5 to 1.0.
(c) City Commission review and approval of a special exception will be required for all development applications proposing uses as outlined in Table 155.501 that are part of the I-H (Industrial Heavy) zoning district.
(3) Standards for approval:
(a) The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood.
(b) The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort and welfare.
(c) The design of the proposed use shall minimize adverse effects, including noise, light, dust or other potential nuisances, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria consistent with the city regulations to the greatest extent possible. Entire site shall be void of any pre-existing code violations.
(d) There are adequate parking areas and off-street truck loading spaces (if applicable) consistent with the parking requirements of the Code, and the layout of the parking and vehicular use areas is convenient and conducive to safe and efficient operation consistent with the city standards to the greatest extent possible.
(e) There will be adequate provisions for traffic movement, both vehicular and pedestrian internal to the use and adequate measures exist or shall be taken to provide ingress and egress to the proposed use, for both vehicles and pedestrian, in a manner that minimizes traffic congestion in the public streets, and the use may not result in a significantly greater amount of traffic on local streets than would result from a development permitted by right, performed through use of a traffic study.
(f) The land area must be sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof.
(4) Procedure:
(a) Refer to Table 155.301 for application review process.
(b) A special exception shall be processed concurrent with a site plan or site plan amendment.
(N) Zoning verification letter.
(1) Purpose. Provide means for the applicant to obtain general zoning information related to a specific district.
(2) Applicability. Zoning verification letters can be requested for any property within the city limits. Zoning verification letters are for informational purposes and do not serve as due diligence for a property.
(O) Variance.
(1) Purpose. To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
(a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and the strict application of the provisions of the zoning ordinance would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building;
(b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
(c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and the circumstances which cause the special conditions are peculiar to the subject property.
(2) Applicability:
(a) All properties are eligible to receive a variance from the regulations under this LDC.
(b) Use variances are prohibited under this LDC.
(3) Procedure:
(a) Refer to Table 155.301 for applicable application review process.
(b) The authority to review variances requested by single-family homeowners rests with the Board of Adjustment, whereas variances requested for non-single-family are reviewed by the Planning and Zoning Board.
(P) Landscape permit.
(1) Purpose. To provide a means to ensure the landscape diversity and design meets the provisions of this LDC.
(2) Applicability. A landscape permit shall be required for the following: planting as the result of a new development, significant planting or replanting on an existing site or general landscape maintenance to a property as determined by the landscape division.
(3) Procedure:
(a) Refer to Table 155.301 for applicable application review process.
(b) The authority to review, process and grant approval rests with the staff of the Landscape Division of the Planning and Economic Development Department.
(c) Inspection of the work is required following completion.
(Q) Tree removal or relocation permit.
(1) Purpose. Ensure that all trees are properly moved or removed and that all properties provide the proper mitigation and maintain the tree canopy throughout the city.
(2) Applicability. This process applies whenever trees are removed or relocated on any property as determined by the staff of the Landscape Division of the Planning and Economic Development Department.
(3) Procedure:
(a) Refer to Table 155.301 for applicable application review process.
(b) Permits are processed through the Landscape Division of the Planning and Economic Development Department.
(c) Inspection is required 90 days after issuance of the permit.
(R) Appeal of departmental LDC interpretation.
(1) Purpose. To provide means for the appeal of interpretations made by the Planning and Economic Development Department.
(2) Applicability. If an applicant is not satisfied with a LDC interpretation rendered by the Planning and Economic Development Department. All LDC interpretations are appealable.
(3) Procedure. Refer to Table 155.301 and § 155.310 for applicable application review process and criteria.
(S) Appeal of Board of Adjustment or Planning and Zoning Board decision.
(1) Purpose. Establish procedures to appeal decisions made by the Board of Adjustment or Planning and Zoning Board.
(2) Applicability. All items heard by the Board of Adjustment or the Planning and Zoning Board that receives a decision is eligible for this appeal process.
(3) Procedure. Refer to Table 155.301 and § 155.310 for applicable application review process and criteria.
(T) Zoning certificate of use.
(1) Purpose. The purpose of a certificate of use is to ensure that any development of a change in use complies with the provisions of this LDC.
(2) Applicability. Any person who operates or engages in any use within the city limits. A new certificate of use is required for any change in use, owner, location, business name and any additional use added to the business.
(3) Procedure.
(a) Refer to Table 155.301 for applicable application review process.
(b) Application shall be submitted to the Planning and Economic Development Department and reviewed by the Zoning Division.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)