A. Purpose
A Public Purpose Adjustment is intended to allow deviations from standards of this Code for City of Pompano Beach or Community Redevelopment Agency (CRA) owned and operated properties based on specific standards, when a public purpose provided by the project as proposed satisfies the General Purpose and Intent (Section 155.1103) of Chapter 155: Zoning Code.
B. Applicability
The Public Purpose Adjustment may be requested to seek and obtain adjustments/relief from the standards in Chapter 155: Zoning Code. A Public Purpose Adjustment may only be sought or granted when both (1) the property is owned (or long term leased) by the City of Pompano Beach or CRA, and (2) the project will be completed and operated/maintained by the City of Pompano Beach or CRA.
C. Public Purpose 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 decision by the Development Services Director.
5. Step 5: Public Hearing Scheduling and Notice
Not applicable, unless required by the Development Services Director.
6. Step 6: Advisory Body Review and Recommendation
Not applicable, unless required by the Development Services Director.
7. Step 7: Decision-Making Body Review and Decision
Applicable to a decision by the Development Services Director. The Development Services Director shall have the authority to issue final approval of said applications; however, the Director has the discretion and authority to require City Commission review and approval for any Public Purpose Adjustment.
D. Public Purpose Adjustment Standards
A Public Purpose Adjustment shall be approved only on a finding that all of the following criteria are met:
l. The proposed project addresses a public purpose, including but not limited to parks, government buildings, affordable housing, streets, public open spaces, public art, public utilities, public parking, etc.
2. There exists a practical difficulty in complying with a technical code requirement (i.e., dimensional or design standard), and relief is needed because either:
a. There are extraordinary and exceptional conditions (such as topographic conditions, narrowness, shallowness, or the shape of the parcel of land) pertaining to the particular land or structure;
b. The requested Adjustment achieves the intent of the subject standard to the same or a higher degree than the subject standard; or
c. There are unique project constraints (such as restrictions associated with project phasing, limited scope of work, or bond restrictions);
3. Because of the conditions referred to in paragraph 2., above, the application of this Code would effectively unreasonably restrict the project and/or render the project unfeasible;
4. The extent of the Adjustment is the minimum necessary to implement the project;
5. The requested Adjustment is not inconsistent with the character of development in the surrounding area; and
6. On-site or off-site conditions exist which minimize any adverse impact of the Public Purpose Adjustment.
E. Effect of Approval
A development order for a Public Purpose Adjustment authorizes only the particular adjustment authorized by the development order, as applied only to land for which the Public Purpose 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 Public Purpose 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.
F. Expiration
The Public Purpose Adjustment shall automatically expire if a Zoning Compliance Permit for the authorized development is not obtained within two years 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.
2019-110
, passed 9-24-19)