TABLE 155.2421.B.1: ALLOWABLE ADMINISTRATIVE ADJUSTMENTS

Note: This table is best viewed in PDF, click HERE

TABLE 155.2421.B.1: ALLOWABLE ADMINISTRATIVE ADJUSTMENTS
Standard	Maximum Allowable Extent of Adjustment
	Minor Administrative Adjustment (All Zoning Districts)		Major Administrative Adjustment (AOD, TO, CRAO, and Non-Residential Districts)
	Development Within Atlantic Boulevard Overlay District or Redevelopment of Brownfield Site Within Designated Brownfield Area	Other Development
Minimum yard setback or minimum lot width	30%	20%	40%
Maximum lot coverage	n/a	20%	40%
Minimum pervious area of lot or minimum pervious area of required front yard	30%	20%	40%
Maximum yard encroachment	30%	20%	40%
TO: Maximum block length and perimeter	N/A	N/A	10%
TO: Front property line access: 1 per 250 feet	10%	10%	15%
TO: Minimum lot depth and width	N/A	N/A	10%
TO: Floor plat size above 5th floor	10%	10%	15%
TO: Ground floor active use liner minimum depth (20-feet)	10%	10%	20%
TO: Maximum building length of 300-feet	10%	10%	20%
TO: Active use required on secondary streets in the core and center	10%	10%	20%
TO: Active use required on tertiary streets in the core and center	20%	20%	30%
TO/EOD: Minimum open space size of 4,800 SF (not applicable to density bonus provision)	N/A	N/A	20%
Minimum stacking lane distance	20%	10%	30%
Minimum or maximum number of off-street parking or loading spaces	20%	10%	40%
Maximum percentage of shared or valet or tandem off-street parking spaces	20%	10%	30%
Minimum walking distance between shared or off-site parking spaces and pedestrian entrances of buildings they serve	20%	10%	30%
Minimum number of off-street bicycle spaces	20%	10%	30%
Minimum height of vegetation at planting	20%	10%	30%
Minimum number of site landscaping plantings	20%	10%	30%
Minimum vehicular use area perimeter landscaping strip width, plant height , or plant spacing	20%	10%	30%
Minimum vehicular use area landscaped median width	20%	10%	30%
Minimum landscaping area width between vehicular use areas and buildings	20%	10%	30%
Minimum spacing of building base shrubs	20%	10%	30%
Minimum perimeter buffer width or planting rate	20%	10%	30%
Minimum street tree planting rate or spacing	20%	10%	30%
Minimum screening height	1 ft	1 ft	3 ft
Maximum fence or wall height	1 ft	1 ft	3 ft
Maximum lighting height	10%	5%	20%
Minimum or maximum illumination level	10%	5%	20%
Maximum multifamily building size	10%	5%	20%
Maximum percentage of street frontage occupied by off-street parking beside a building	10%	5%	20%
Maximum percentage of large retail establishment off-street parking located between building and street it faces	10%	5%	20%

 

      2.   Major Administrative Adjustment

   Developments located within the Atlantic Boulevard Overlay district (AOD), Transit-Oriented (TO) district, Community Redevelopment Area Overlay (CRAO) districts, and developments located in a Nonresidential district are eligible to apply for a Major Administrative Adjustment . The limit of a Major Administrative Adjustment are shown in Table 155.2421.B.1, Allowable Administrative Adjustments .

      3.   Minor Administrative Adjustment

   Developments located within any zoning district are eligible to apply for a Minor Administrative Adjustment . The limits of a Minor Administrative Adjustment are shown in Table 155.2421.B.1, Allowable Administrative Adjustments , for the location and type of development.

   C.   Major Administrative Adjustment Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Optional (See Section 155.2302.).

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

         Applicable to a recommendation by the Development Services Director following DRC review and comment (See Section 155.2304.).

      5.   Step 5: Public Hearing Scheduling and Notice

         Applicable (See Section 155.2305.).

      6.   Step 6: Advisory Body Review and Recommendation

         Not applicable.

      7.   Step 7: Decision-Making Body Review and Decision

         Applicable to a final decision by the P&Z, following a quasi-judicial public hearing (See Section 155.2307.), except that conditions of approval may include restricting the allowable adjustment to a lesser modification than the maximum allowed by this section or requested by an applicant. When there is a Major Site Plan accompanying the Major Administrative Adjustment application, the Major Administrative Adjustment application shall be made a part of the Major Site Plan and heard as one project. The P&Z shall make separate motions for each Administrative Adjustment request, as well as the Major Site Plan.

   D.   Minor Administrative Adjustment Procedure

      1.   Step 1: Pre-Application Meeting

         Optional (See Section 155.2301.).

      2.   Step 2: Neighborhood Meeting

         Not applicable.

      3.   Step 3: Application Submittal and Acceptance

         Applicable (See Section 155.2303.).

      4.   Step 4: Staff Review and Action

         Applicable to a final decision by the Development Services Director (See Section 155.2304.), except that conditions of approval may include restricting the allowable adjustment to a lesser modification than the maximum allowed by this section or requested by an applicant.

      5.   Step 5: Public Hearing Scheduling and Notice

         Not applicable.

      6.   Step 6: Advisory Body Review and Recommendation

         Not applicable.

      7.   Step 7: Decision-Making Body Review and Decision

         Not applicable.

   E.   Administrative Adjustment Review Standards

      1.   Major Administrative Adjustment

         A Major Administrative Adjustment shall be approved only on a finding that there is competent substantial evidence in the record that the limitations in Table 155.2421.B.1, Allowable Administrative Adjustments , are met and that the Administrative Adjustment :

         a.   Achieves the intent of the subject standard to the same or a higher degree than the subject standard;

         b.   Is consistent with the comprehensive plan and advances the goals of this Code to the same or a higher degree than the subject standard;

         c.   Imposes no greater impacts on adjacent lands than would occur through compliance with the specific requirements of this Code; and

         d.   Provides one or more of the following public benefits to an extent sufficient to compensate for the requested modification of standards:

            i.   Deed-restricted workforce and/or affordable housing;

            ii.   Permanent conservation of natural areas or lands;

            iii.   Preservation of protected trees in addition to that required by this Code's tree preservation standards;

            iv.   Protection against flood damage in addition to that required by the floodplain management requirements in Chapter 152 (Buildings) of the Code of Ordinances ;

            v.   Permanent protection of scenic views;

            vi.   Public parks and recreational facilities;

            vii.   Public trails and trail linkages;

            viii.   Public art;

            ix.   Cultural or historic facilities deeded to the city or qualified not-for-profit agencies; or

            x.   Other benefits approved by the P&Z.

      2.   Minor Administrative Adjustment

         A Minor Administrative Adjustment t shall be approved only on a finding that there is competent substantial evidence in the record that both the limitations in Table 155.2421.B.1, Allowable Administrative Adjustments , and the following standards are met:

         a.   The requested Administrative Adjustment is not inconsistent with the character of development in the surrounding area, and will not result in incompatible uses.

         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; or

            ii.   The proposed adjustment will provide an alternative which will achieve the purposes of the requirement through clearly superior design; or

            iii.   Proposed to protect sensitive natural resources or save healthy existing trees.

         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 supporting an objective from the General Purpose statements of the base zoning districts where located, as specified in Sections 155.3201, 155.3301, 155.3401, or within a Purpose statement of a Special Base Zoning District, a Planned Development Zoning District, or an Overlay Zoning District.

         f.   The Administrative Adjustment is consistent with the comprehensive plan.

   F.   Recordation

      If an application for an Administrative Adjustment is approved, the Development Services Director shall provide the applicant a written notice of the development order approving the Administrative Adjustment that identifies the site, the nature of the adjustment, approved plans and documents, and any conditions of approval. The applicant shall file a copy of the written notice with the Broward County Records Division for recording, and shall provide proof of recording to the Development Services Director before issuance of a Zoning Compliance Permit.

   G.   Effect of Approval

      1.   A development order for an Administrative Adjustment authorizes only the particular adjustment of standards authorized by the development order, as applied only to land for which the Administrative Adjustment is approved, and only in accordance with the approved plans and documents and any conditions of approval. It does not exempt the applicant from the responsibility to obtain all other development permits required by this Code and any other applicable laws, and does not indicate that the development for which the Administrative Adjustment 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.

      2.   When there is a Major Site Plan accompanying the Major Administrative Adjustment application, the Major Administrative Adjustment application shall be made a part of the Major Site Plan development order and the effect of approval of the Major Site Plan shall apply in accordance with Section 155.2407.F.

   H.   Expiration

      1.   When there is a Major Site Plan accompanying the Major Administrative Adjustment application, the Major Administrative Adjustment application shall be made a part of the Major Site Plan development order. The expiration associated with the Major Site Plan shall apply in accordance with Section 155.2407.G.

      2.   A development order for an Administrative Adjustment shall automatically expire if a Site Plan or Zoning Compliance Permit, as appropriate, for the development incorporating the authorized adjustment is not obtained within one year after the date of the development order, or an extension of this time period authorized in accordance with Section 155.2308.B.2, Extension of Expiration Time Period.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2015-75, passed 9-8-15; Am. Ord. 2018-40, passed 2-27-18; Am. Ord. 2018-67, passed 7-10-18; Am. Ord. 2019-110 , passed 9-24-19; Am. Ord. 2021-09, passed 11-10-20)