Chapter 6½

 

LAND USE AND DEVELOPMENT [1]

 

Art. I.  In General, §§ 6½-1 – 6½-20

Art. II. Comprehensive Plan, §§ 6½-21 – 6½-30

 

 

ARTICLE I.  IN GENERAL

 

Secs. 6½-1 – 6½-20.    Reserved.

 

 

ARTICLE II.  COMPREHENSIVE PLAN [2]

 

Sec. 6½-21.  Authority.

 

This article is adopted pursuant to Article VIII, Section 2, Constitution of the State of Florida; Chapter 163, Florida Statutes; Chapter 69-1111, Laws of Florida, Special Acts of 1969; Chapter 166, Florida Statutes, entitled Local Government Comprehensive Planning and Land Development Regulation Act.  (Ord. No. 148, § 1, 03-13-1989)

 

Sec. 6½-22.  Purpose and intent.

 

The town hereby declares that the purpose and intent of this article is to provide for the town a plan which will guide future growth and development; encourage the most appropriate use of land, water and other resources consist­ent with the public interest; preserve, promote and protect the public health, safety, comfort, good order, appearance, convenience and general welfare; preserve the residential or historical character of neighborhoods; prevent the overcrowding of land; avoid undue concentration of population; provide ade­quate and energy-efficient transportation, water, sewage, drainage, fire pro­tection, law enforcement, schools, parks, recreation facilities, housing and other services, facilities and resources; enhance the aesthetic appeal of the community; promote the residential, business and industrial needs of the com­munity; and conserve and protect natural resources within the town while pro­tecting private property rights. By the adoption of this plan, the town will encourage and actively pursue coordination and cooperation between the plan­ning and development activities of the town, other local governments, regional agencies, state government and private property owners. By adopting this arti­cle, the town reserves the right to balance the needs of the community.  (Ord. No. 148, § 2, 03-13-1989)

 

Sec. 6½-23.  Adoption of comprehensive plan.

 

The town hereby adopts by reference the comprehensive plan and the goals, objectives and policies of each element: Future Land Use Element; Recreation and Open Space Element; Coastal Management and Conservation Element; Housing Element; Infrastructure Element, (Sanitary Sewer, Solid Waste, Drainage, Pota­ble Water and Natural Groundwater Aquifer Recharge Element); Traffic Circula­tion Element; Capital Improvements Element and Intergovernmental Coordination Element. Further, within the comprehensive plan, the town commission adopts the future land use map, the future traffic circulation map, the natural re­source map series, capital improvement implementation and monitoring and per­formance.  (Ord. No. 148, § 3, 03-13-1989)

 

Sec. 6½-24.  Construction.

 

The comprehensive plan and its elements shall be constructed by the town and its officials to accomplish the purpose and intent of this article. In the event that various elements of the plan may appear to be in conflict, then in that event, the town and its officials shall resolve said conflict consistent with the purpose of this article. Any decision by the town or its officials construing various elements of the comprehensive plan shall be presumed to be fairly debatable.

 

The town expressly reserves its legislative function to implement this compre­hensive plan and to construe its various elements.  (Ord. No. 148, § 4, 03-13-89)

 

Sec. 6½-25.  Interpretation of land use boundaries.

 

Where uncertainty exists with respect to the boundaries of any of the land use districts as shown on the future land use map, the following rules shall ap­ply:

 

(1)        Where boundaries approximately follow lot lines. Where district bound­aries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.

 

(2)        Where the boundary approximately follows town limits. Where the boundary of a district approximately follows the town limits, such boundary line shall be construed to be the town limit of the jurisdiction of the town unless otherwise indicated.

 

(3)        Submerged areas not included in district. All areas within the corporate limits of the town which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins one (1) or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.

 

(4)        Where property has not been included in a district. In every case where property has not been specifically included within a district or where territory has become a part of the town by annexation, the same shall automatically be classed as lying and being in the residential land use district until such classifications shall have been changed by an amend­ment to the future land use map as provided by law.

 

(5)        Vacation of public ways. Whenever any public way is vacated in the man­ner authorized by law, the land use district adjoining each side of such street, alley or public way shall be automatically extended to the cen­ter of such vacation; and all area included in the vacation shall then, henceforth, be subject to all regulations of the extended districts.

 

(6)        Where district boundaries follow platted lot lines. Where district boundaries are indicated as following platted lot lines, such lot lines shall be construed to be the district boundaries.

 

(7)        Where district boundaries have specific dimensions. Where district boundaries are indicated by specific dimensions, such specific dimen­sions shall control.

 

(8)        Where district boundaries divide platted lots. Where district boundaries divide platted lots or cross unsubdivided property, and where no specif­ic dimensions are indicated on the future land use map, the scale of the future land use map shall control.

 

(9)        Uncertainties. Where the street or property layout or other physical features existing on the ground are at variance with the future land use map, or where other uncertainties exist as to interpretation of the future land use map, the town clerk shall interpret the map to fix the exact location of land use boundaries.  (Ord. No. 148, § 5, 03-13-1989)

 

Sec. 6½-26.  Legal effect of comprehensive plan and future land use map.

 

The comprehensive plan and future land use map shall have the legal effect as provided for by law.

 

All development undertaken after the effective date of this article shall be consistent with such plan and elements and maps except as provided herein. (Ord. No. 148, § 6, 03-13-1989)

 

Sec. 6½-27.  Vested rights.

 

(a)        In the event that any provision of this comprehensive plan or maps would limit or modify the rights of any person to complete any development that has been previously authorized, then in that event, the town may recognize said right to complete said development as provided herein. The town hereby recognizes the right of any person to complete the fol­lowing development:

 

(1)        Development that has received a building permit;

 

(2)        Development that has received final plat approval or final site plan approval;

 

(3)        Development that has received preliminary plat approval, prelimi­nary subdivision approval, preliminary PUD approval or preliminary site plan approval; provided said development has secured a permit to construct all or any phase of said development and is continu­ing said development in good faith.

 

(b)        Any person who has a right to complete said development and has secured a building permit, final plat approval, final site plan approval or preliminary approval as provided above shall lose its right to complete said development if said development does not maintain a current build­ing permit or current site plan or development approval as provided for by the Code of Ordinances of the town. Once a development has lost its current approval, then in that event, further development shall comply with applicable provisions of the comprehensive plan and maps.

 

(c)        The town may recognize other applications for vested rights in accord­ance with the following procedure:

 

(1)        Any property owner who claims to have vested rights based upon a prior approval from the town other than as provided above may submit to the town clerk within one hundred twenty (120) days after the effective date of this section a written request for recognition of said vested rights.

 

(2)        The applicant shall submit such information as he deems appropri­ate to demonstrate his claim of vested rights, including a legal description of the property, dates of any recent rezoning, prepa­ration of any plans, approval of any plans, any action of the town upon which the applicant has relied and facts showing substantial reliance or change in position.

 

(3)        Within ninety (90) days after receipt of said application, the town commission shall either recognize or reject the applicant's claim of vested rights. In reviewing the application, the town commission shall be guided by the case of Hollywood Beach Hotel v. City of Hollywood, 329 So.2d 10 (Florida 1976). If the town fails to act upon said request within ninety (90) days, then said appli­cation shall be deemed to be denied. No suit shall be filed by the applicant unless prior thereto the applicant has made of a request of the town prior to said litigation.  (Ord. No. 148, § 7, 03-13-1989)

 

Sec. 6½-28.  Constructional claim.

 

(a)        In the event that any person claims that any provision of this compre­hensive plan, elements or maps constitutes a taking of the landowner’s property without due process of law and the payment of just compensation as provided for in the Florida Constitution and the Constitution of the United States of America, then in that event, said person shall first present said claim to the town. The provisions of Chapter 163.3215, Florida Statutes (1987), shall prevail on any claims that may be assert­ed under said statutes, and this section shall not be construed as an additional remedy presently governed by Chapter 163.3215, Florida Stat­utes (1987).

 

(b)        Any person claiming said taking shall:

 

(1)        Submit said claim in writing identifying the name and address of the property owner;

 

(2)        The present use of the property;

 

(3)        The present land use designation and zoning classification;

 

(4)        The particular provision of the comprehensive plan that said per­son believes to have constituted a taking;

 

(5)        The remedy requested;

 

(6)        Documentation or other evidence demonstrating the economic deriva­tion;

 

(7)        Case law or authority, if any, which demonstrates the taking;

 

(8)        Such other information demonstrating how said plan or element constitutes a taking.

 

(c)        After the town has received said request, it shall have ninety (90) days to review and act upon said request. Due public notice as required by Chapters 163 and 166 shall be provided prior to granting any relief under this section. The town reserves its full legislative function to act upon requests under this section, and said actions shall be presumed to be fairly debatable.  (Ord. No. 148, § 8, 03-13-1989)

 

Sec. 6½-29.  Effective date of land use element.

 

Anything else herein notwithstanding, the land use element shall not become effective until it is certified by the Broward County Planning Council. The date of such certification shall be the effective date of such land use ele­ment.  (Ord. No. 148, § 9, 03-13-1989)

 

Sec. 6½-30.  Severability.

 

In the event that any provision of this article or the comprehensive plan, its elements or maps are found and determined to be invalid or unconstitutional, they shall be so declared to be the same, and the remaining portions and pro­visions of this article and said plan shall remain in full force and effect.  (Ord. No. 148, § 10, 03-13-1989)


[1] Charter reference – General powers of the town, Art. III, § 1.

  Cross reference – Zoning, Ch. 12.

[2] Note – Nonamendatory Ord. No. 148, §§ 1 – 10, adopted Mar. 13, 1989, has been codified herein by the original editor as Art. II, §§ 6½-21 – 6½-30.

  Cross reference – Buildings and building regulations, Ch. 4.