PERMITS
SECTION 47-24. DEVELOPMENT PERMITS AND PROCEDURES

Sec. 47-24.1. Generally.
A. No application for a development permit issued by the city for the development of land within the city shall be reviewed or development permit issued, unless in compliance with the requirements and in accordance with the procedures set forth in this Section 47-24.
B. No person shall undertake any development in the city as defined herein, nor shall any person use or develop any parcel of land or water for any purpose without first obtaining a development permit from the city in accordance with this section. No building or engineering permit shall be issued for a development which is not in compliance with the development permit issued for such development.
C. List of development permits. Table 1 provides a list of the types of development, the development order required for each and the department, committee, board or commission with authority to review, approve, or both, the development permit. Table 1 also identifies the review criteria required for a permit, as further described in Section 47-25, Development Review Criteria.
1. Requirements for a certificate of compliance. Prior to the issuance of a permit as required by this section, a certificate of compliance (COC) shall be issued by the department when the requirements for a specific development permit have been met. A COC shall also be required for all development which is regulated by the ULDR and which is not otherwise required to obtain one (1) or more of the development permits as provided herein.
D. Development review criteria. In addition to meeting the requirements of the district in which a proposed development is located; the standards for the use and location of the development and the requirements for a development permit as set forth in this section; all development permits shall be subject to Section 47-25, Development Review Criteria, as specified therein.
E. Review process. Table 1 identifies the department, committee, board or commission with authority to review and approve the issuance of a development permit. Table 1also identifies which permits may be reviewed by the city commission upon city commission request, and the appropriate body to consider an appeal from a denial of a development permit.
F. Application requirements. An application for a development permit shall be submitted to the department on forms provided by the department. Unless otherwise provided herein, the following is a list of the minimum requirements for an application for a development permit. Additional information necessary in order to determine if the development meets the ULDR may be required as identified on the application form for a specific development permit.
1. Name, address and telephone number of the applicant or authorized representative for the applicant.
2. A statement of ownership of the subject property or proof of authorization to apply for a development permit from the legal property owner of the parcel proposed for development.
3. Survey of the subject property.
4. Legal description of the subject property.
5. A brief description of the development permit request.
6. Existing use of the subject property.
7. Proposed use of the subject property
8. Existing zoning of the subject property.
9. Existing land use designation of the subject property.
10. Existing zoning, existing use, and existing land use designation of lands within seven hundred (700) feet of the subject property.
11. A general vicinity map showing the location of the parcel proposed for development or use at a scale of not less than one (1) inch equals five hundred (500) feet.
12. Such other information as required pursuant to the ULDR and additional information necessary to support the application.
13. For development permits that require public notice as provided in Section 47-27, Notice Procedures for Public Hearings, the following:
a. Property appraiser's tax map showing all properties required to be noticed, and their relation to the subject parcel.
b. List of property owners' names, tax identification number and address and one (1) set of addressed size #10 envelopes, with appropriate postage affixed and showing the city's return address for each property owner required to be noticed.
G. Applicant. When used herein an applicant for a development permit shall have the meaning provided as follows:
1. An owner of property shall be the owner in fee simple title of the property proposed to be developed or his or her authorized representative who wishes to develop or use property within the city in a manner which by the ULDR requires a development permit; or
2. The city, by and through the city manager, city commission or department.
H. Fees and costs. All applications for a development permit shall have an application fee as established by the city commission as set forth in a resolution, as amended from time to time. In addition to the application fee, any additional costs incurred by the city including review by a consultant on behalf of the city or special advertising costs shall be paid by the applicant. Any additional costs which are unknown at the time of application but are later incurred by the city shall be paid by the applicant prior to the issuance of a development permit.
I. Determination of completeness.
1. Within five (5) business days of receiving an application for a development permit, the department shall review the application to determine if the information provided is complete. The department shall notify the applicant of any deficiencies in the application.
2. Upon submittal of additional information, the department will determine if the application is complete.
3. If an applicant fails to provide additional information as requested by the department within two (2) weeks of the request or respond to the department with a time when the information will be submitted, the application shall be deemed to be withdrawn by the applicant.
4. At a minimum, an application for a development permit must evidence compliance with the city's adopted land use plan and the minimum standards of the ULDR.
5. Review of an application by the department shall not commence until the application is determined to be complete.
J. Burden of proof. The applicant shall have the burden of showing that all standards, requirements, and criteria of the ULDR have been met.
K. Notice procedures for public hearings. Public notice required for development permits and approvals shall be as provided in Section 47-27, Notice Procedures for Public Hearings
L. Number of votes required for approval. Approval of a development permit as required by the ULDR shall be by a majority vote of a quorum of the members of the board, committee or commission present and voting on such permit, except as follows:
1. Board of adjustment approval of a variance or special exception, motion for rehearing or an interpretation of the ULDR shall be by a vote of a majority plus one (1).
M. Expiration of site plan and conditional use approvals.
1. All site plans, conditional use approvals and certificates of appropriateness (hereinafter collectively referred to as "site plan")shall expire unless:
a. A complete application for a building permit for an above-ground principal structure as shown on the approved site plan has been submitted within eighteen (18) months following the date of approval of the site plan; and
b. A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of approval of the site plan; and
c. Such building permit remains valid and in effect until a certificate of occupancy, or other equivalent approval is granted for such principal structure.
2. An approved site plan that includes more than one (1) principal structure, shall expire unless:
a. A complete application and building permit and a certificate of occupancy is issued for one of the above-ground principal structures as provided in subsection M.1; and
b. A complete application for a building permit for any subsequent above-ground principal structure shown on the approved site plan has been submitted within eighteen (18) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and
c. A building permit for such above-ground principal structure is issued within twenty-four (24) months following the date of issuance of a certificate of occupancy for the principal structure most recently completed; and
d. Such building permit remains valid and in effect until a certificate of occupancy or other equivalent approval is granted for such principal structure; and
e. A complete application is submitted and building permits are issued for each subsequent principal structure in accordance with subsections 2.a., b., and c. until a certificate of occupancy of its equivalent is issued for all of the principal structures on the approved site plan.
f. Notwithstanding the provisions of this subsection 2., a site plan that includes more than one principal structure shall expire if certificates of occupancy for all principal structures have not been issued within seven (7) years of site plan approval.
3. If a building permit for construction of a principal structure as provided herein expires, the site plan shall expire and prior to issuance of any additional building permits, the applicant shall be required to submit an application for and receive approval of a new site plan for such principal structure.
4. If a site plan expires, the allocation of dwelling units granted for any principal structure that has not received a certificate of occupancy or equivalent certification shall expire at the time the site plan expires.
5. a. An extension of time for site plan expiration shall be granted by the reviewing body approving the site plan when all applicable building, zoning and engineering regulations remain the same and good cause for the delay has been shown by the applicant. Good cause may include, but shall not be limited to, delay caused by governmental action or inaction or other factors totally beyond the control of the applicant. An extension shall only be granted where an applicant has requested an extension during the effective period of the development permit. If any applicable building, zoning or engineering regulation has been changed during the twenty-four (24) month period, then the proposed development shall be reviewed only to the extent that the changes affect the proposed development.
b. An extension of time for expiration of a site plan for development sites located within the Northwest-Progresso-Flagler Heights Community Redevelopment Area ("NPFCRA") may be granted by the Executive Director of the Fort Lauderdale Community Redevelopment Agency based on the conditions provided in subsection 5.a. In no event shall an extension be granted for a period of time greater than twenty-four (24) months. If the executive director denies the extension, applicant may reapply for an extension in accordance with the provisions of subsection 5.a.
N. Effect of DRC, planning and zoning board, historic preservation board and city commission review. Any review and decision by the DRC shall govern and control any department review on all issues addressed and determined by the DRC. Any review and decision by the planning and zoning board shall govern and control any department or DRC review on all issues addressed and determined by the planning and zoning board. Any review and decision of the historic preservation board shall govern and control any department or DRC review on all issues within the authority of the HPB. Any review and decision by the city commission shall govern and control any department, DRC, historic preservation or planning and zoning board review on all issues addressed and determined by the city commission.
O. Time for meeting conditions. Conditions which are imposed in connection with a development permit which do not require a building permit shall be met at the time of issuance of a development permit associated with the site plan, except if the applicant shows that due to factors associated with the site such conditions cannot be met, the department may extend the time. If a condition requires construction of an improvement, such construction shall be commenced at the time of commencement of the part of the development which relates tothe condition. All improvements required from the developer as a condition of approval for a development permit shall be installed and completed prior to the issuance of any certificate of occupancy. If conditions are imposed which are required to be met and an applicant fails to meet such conditions, the development permit may be revoked by the same body utilizing the same process as applicable to the issuance of the permit.
P. Payment of monies in lieu of installation of required improvements. In the event that any improvements required to be made by the developer as a condition of approval for a development permit cannot be installed or completed prior to the issuance of any certificate of occupancy, the city may accept payment or a bond in the amount needed to ensure completion of the required improvements. The city will accept such payment or bond from the applicant, when the applicant has demonstrated good cause for its inability to complete the installation of the required improvements, andsuch delay will not cause risk to public health or safety. Funds in the amount of the cost of the required improvements will be paid to, or a bond in the amount of one hundred twenty-five percent (125%) of the cost of the required improvements shall be posted with the city. Any funds collected or bonds posted pursuant to this subsection shall only be expended upon the improvements for which the money or bond was obtained. Such funds shall be expended within five (5) years of the date such money or bond wascollected by the city. If the cost of said improvements is less than the money held by the city, or if it has not been spent or used within the five (5) year time frame, then a refund of any funds held by the city shall be made to the developer or the bond shall be released. However, should any required improvement be budgeted and planned for completion within said five (5) year time frame, but not started or totally completed within said five (5) years, then in that case no refund or release shall be required. A developer shall only be required to pay its proportionate share of the cost of required improvements in those cases in which the improvement does not solely benefit the development.


LEGEND:
DRC
Development Review Committee
A
CRR
CRR/PZ

CRR/PZ or Dept.
CRR/PZ or DRC

Appeal by applicant of a denial
City commission request for review
City commission request for review of planning and zoning board action
City commission request for review of planning and zoning board action or of department action
City commission request for review of planning and zoning board action or of Development Review Committee action

PZ
Planning and Zoning Board
Dept.
Department
DP
Development Permit issued
R
Review and recommendation requirement

 TABLE 1. DEVELOPMENT PERMITS AND PROCEDURES  (see legend above)

Permit
Department
Development Review Committee
Planning & Zoning Board (Local Planning Agency)
City Commission
Criteria for Review
SITE PLAN--LEVEL I DEPARTMENT

1.
Sidewalk cafe
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 2. Outdoor Uses, Sidewalk Cafe Sec. 47-19.9
2.
Mobile vendor
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2  2. Mobile Vendor, Sec. 47-18.22
3.
Residential--less than 5 units
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2
4.
New nonresidential construction--5,000 square feet or less
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2  
5.
Modification of waterway lot widths in RS-4.4 & RS-8 Districts
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2  2. Modification of Lot Width, Sec. 47-23.10
6.
Change of use--different operation but does not involve development which requires a Site Plan Level II or higher permit--See Sec. 47-3.5.B.a
DP
A
CRR/PZ or Dept.
Nonconforming Uses, ,Section 47-3
7.
Reuse of nonconforming structure
DP
A
CRR/PZ or Dept.
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. Nonconforming Uses, Section 47-3
8.
Continuation of nonconforming status
DP
A
CRR/PZ or Dept.
Nonconforming Uses,Section 47-3
9.
Approval of off-site parking
DP
A
CRR/PZ or Dept.
Parking and Loading Sec. 47-20.18
10.
Construction staging area
DP
CRR/A


SITE PLAN--LEVEL II DEVELOPMENT REVIEW COMMITTEE
11.
New nonresidential construction--greater than 5,000 sq. ft.
R
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2  
12.
a. Whencommunications towers are permitted
R
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2  & 47-18.11
b. When communications towers are conditional
R
R
DP
CRR/A
Adequacy Review Sec. 47-25.2  & 47-18.11
13.
Nonresidential use within 100 feet of residential property
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  
2.Neighborhood Compatibility Review  Sec. 47-25.3
14.
Residential--5 units or more
R
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2  
15.
Multifamily residential development at a higher density than the density of any abutting existing residential property or vacant residentially zoned property that is outside of the Multifamily Residential Zoning District
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  
2.Neighborhood Compatibility Review Sec. 47-25.3
16.
Redevelopment proposals if existing and proposed improvements together meet the criteria of site plan level II review if proposed as new development and includes one (1) or more of the following:
R
DP
A
CRR/PZ
Adequacy Review Sec. 47-25.2  
a. A modification which alters the site improvements by more than twenty-five percent (25%) of the area of the development site.
b. A new drive or relocation of an existing drive giving vehicular access from a public road to the development site.
c. An addition which exceeds twenty-five percent (25%) of the gross floor area of the existing structure(s) on the development site.
d. A change in group occupancy category as defined by the Florida Building Code, Broward County Edition which increases traffic generation by more than fifty percent (50%) of the traffic generated by the existing use based on Broward County traffic generation rates.

17.
Allocation of reserve units (maximum of 2 dwelling units)
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  
2.Neighborhood Compatibility Review Sec. Sec. 47-25.3
3. Flexibility Rules, Section 47-28
18.
Change in use--See Sec. 47-3.5.B.b - Site Plan Level II threshold is met.
R
DP
A
CRR/PZ or DRC
1. Adequacy Review Sec. 47-25.2 ,  
2.Neighborhood Compatibility Review Sec. 47-25.3
3.Nonconforming Use, Section 47-3
19.
For any use in the Downtown RAC which is within 100 feet of residential property outside of the RAC, or within the RAC-TMU(EMU,SMU,WMU) except on the New River waterfront as provided in 32, or on the New River waterfront corridor within RAC-CC and RAC-AS as provided in 33, below

R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  2. Neighborhood Compatibility Review Sec. 47-25.3
3. Nonconforming Use,  Section 47-3
20.
All development within the RAC-TMU (EMU, SMU, WMU), except as otherwise provided in 20 and 32, below
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  2. Neighborhood Compatibility Review Sec. 47-25.3
3. RAC Requirement, Section 47-13
21.
All development within the RAC-TMU (EMU, SMU, WMU) that is greater in density than 25 dwelling units per net acre
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. RAC Requirement, Section 47-13
22.a.
Any use within the downtown RAC which is contiguous to residential property outside of the RAC
R
DP
A
CRR/PZ
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. RAC Requirement, Section 47-13
.b.
Any Site Plan Level II development within Downtown RAC which has previously been approved by or subject of an agreement with the City Commission (See Sec. 47-13.4.L.1)
R
DP
A
CRR/PZ or DRC
1. RAC Requirement, Sec. 47-13.
2. Adequacy Review, Sec. 47-25.2 .
3. Neighborhood Compatibility review Sec. 47-25.3 when applicable.
.c.
Any Site Plan Level II development within Downtown RAC where one or more requirements of the ULDR or City's Comprehensive Plan misapplied or failed to apply. See Sec. 47-13.20.M.2.
R
DP
A
CRR/PZ or DRC
1. RAC Requirement, Sec. 47-13. 2. Adequacy Review, Sec. 47-25.2 . 3. Neighborhood Compatibility review Sec. 47-25.3 when applicable.

SITE PLAN--LEVEL III
23.a.
Parking reduction
R
R
DP
CRR or A
1. Adequacy Review Sec. 47-25.2  
.b.
Parking Reduction in Northwest-Progresso-Flagler Heights Community Redevelopment Area
R
DP
A
CRR/PZ or DRC
2. Parking and Loading Requirements, Section 47-20
24.
Modification of yards in RMM-25, RMH-25 and RMH-60 Districts
R
R
DP
CRR or A
1. Adequacy Review Sec. 47-25.2  2. See Modification of Yards, Sec. 47-23.11
25.
Any use within the CF, CF-S, P, T and U districts which is greater in height, FAR, gross floor area of the maximum within the specific zoning district (except for the T district ...)
R
R
DP
CRR or A
1. Adequacy Review, Sec. 47-25.2  2. Neighborhood Compatibility Review, Sec. 47-25.3
26.
Waterway uses, except for uses in the RAC-CC, RAC-UV, RAC-AS, RAC-TMU and all Central Beach Districts
R
R
DP
CRR or A
1. Adequacy Review Sec. 47-25.2 ,  2. Neighborhood Compatibility Review, Sec. 47-25.3 ,  
3. Waterway Use, Sec. 47-23.8
27.
Allocation of flexibility units to residential land use to allow bonus density for affordable housing on residential land use parcels or for special residential facilities
R
R
DP
CRR or A
1. Adequacy Review Sec. 47-25.2  2. Flexibility Rules, Section 47-28
28.
Any use within the Community Business (CB) District which is greater than 10,000 square feet in gross floor area
R
R
DP
CRR or A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
29.
Within the RMH-60 District, a hotel with greater than 87 sleeping rooms per net acre, up to a maximum of 120 sleeping rooms per net acre
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
30.
Density bonus in RML-25, RMM-25, RMH-25 Districts
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. Density Bonus Requirements, Sec. 47-23.12
31.
Zero lot line and cluster residential development
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. Cluster Dwellings, Sec. 47-18.9 4. Zero Lot Line Dwellings, Sec. 47-18.38
32.
Within the RS-4.4 and RS-8 Districts--for greater FAR or lot coverage than as limited by Section 47-5
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
33.
Any use within the RAC-TMU (EMU, SMU, WMU) on land abutting the New River
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. RAC Requirement, Sec 47-13
34.
Any use within the RAC-CC or RAC-AS on the New River which deviates from the New River Corridor Requirements, as provided in Section 47-13, Downtown RAC districts
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec. 47-25.3
3. RAC Requirement, Sec 47-13
EXEMPTION FROM ZONING FOR PUBLIC PURPOSE USES

R
R
R
DP
Public Purpose Use Requirements, Sec. 47-18.26
CONDITIONAL USES
a. Any use listed as a conditional use within a zoning district.
b. Within the RS-4.4 and RS-8 districts, any single family lot which is twice the minimum lot size, or greater.
c. Within the RMH-60 zoning district, any use which is greater than 150 feet in height, up to 300 feet in height.
d. Any industrial use which is within 300 feet of residential property.
R
R
DP
CRR/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Neighborhood Compatibility Review Sec.Sec. 47-25.3
3. Conditional Use Permit Sec. 47-24.3 4. For Industrial Uses--Section 47-7
REZONING
a. Change in zoning designation or change to text of the ULDR.
*b. Allocation of commercial uses on residential land use parcel.
*c. Allocation of commercial uses on industrial or employment center land use parcel.
*d. X-Use District.
R
*R
R/Approval  DP/Denial
DP/A
1. Adequacy Review Sec. 47-25.2 ,  
2. Rezoning Criteria, Sec. 47-24.4,  
3. For Flex Commercial Acreage Section 47-28
4. For X-Exclusive Use district Section 47-9
SUBDIVISION APPROVAL/PLAT REQUIREMENTS
R
R
R
DP
1. Adequacy Review Sec. 47-25.2 ,  
2. Plat/Subdivision Criteria Sec. 47-24.5
VACATION OF RIGHTS-OF-WAY
R
R
R
DP
1. Adequacy Review Sec. 47-25.2 ,  
2. Vacation of ROW Requirements, Sec. 47-24.6
VACATION OF EASEMENTS
R
R
DP
1. Adequacy Review Sec. 47-25.2 ,  
2. Vacation of Easements Requirements, Sec. 47-24.7
TABLE INSET:
Permit
Dept
DRC
P & Z Bd
Historic Preservation Board
City Commision
Bd. of Adjustment
Criteria for Review
COMPREHENSIVE PLAN AMENDMENTS
a. Text or map amendments to the City's adopted comprehensive plan.
b. Increase of residential density on residential land use parcel.
c. Allocation of residential units on commercial or office park land use and employment center.

R
R
R
DP