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City of Pompano Beach Department of Development Services (City of Pompano Beach)

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City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 1 of 7
Zoning Board of Appeals Application (Check all that apply)
Zoning Board of Appeals
Special Exception
Variance
Major Temporary Use
Interim Use Permit
DEADLINE: Initial paper and digital submission must be received by 5:00 PM on the day of the deadline.
Refer to the “Meeting Schedules and Deadlines” document provided on the City’s website for submission
deadlines. To ensure quality submittal, this project will only be added to the ZBA Agenda when a
complete submission has been made. If a complete submission is not submitted by the deadline, the
application will be rejected.
Application Review Process:
Step 1
Step 2
Step 3
Step 4
Pre-Application Meeting
(Required**)
Zoning Board of Appeals
Review
Development Order
from the ZBA
Pre-Application Meeting
(Required**)
Zoning Board of Appeals
Review
Development Order
from the ZBA
Pre-Application Meeting
(Required**)
Zoning Board of Appeals
Review
Development Order
from the ZBA
Pre-Application Meeting
(Required**)
Planning & Zoning Board
Recommendation
Zoning Board of
Appeals Review
Development Order
from the ZBA
**Applicant must make an appointment with a Senior Planner to submit application at least 48 hours (2 business days) prior to deadline for filing by
calling (954) 786-4667.
PAPER SUBMISSION: The following paper documents are to be submitted to the Planning & Zoning
Department:
PAPER
One (1) completed application with original signatures.(pg. 6)*
Owner’s Certificate (must be completed by the Landowner). (pg. 7)*
Application Fee as established by resolution of the City Commission. See Appendix C - Fee Schedule in the
Information section of the P&Z webpage.
DIGITAL SUBMISSION: The following digital documents are also to be submitted to the Planning & Zoning
Department via email:
DIGITAL
Written Narrative with list of each Review Standard. A point-by-point response to each Review Standard.
Narratives must be on letterhead, dated, and with author signature.*
Current survey. (Surveys to be recent and must show all improvements on the property and legal description)
Legal Description of property (in Word/text format)
Conceptual Site Plan demonstrating requested Variance/ Special Exception/ or Temporary Use.
(Optional) Documents, photographs, and other evidence
*Updated copies of the application, proof of ownership, or narrative may be required if information has changed (i.e.: if the property ownership changes,
the owner’s certificate and application will need to be revised with the City’s file.)
*** ONLY for Variance(s) from Chapter 151, Beaches and Waterways***:
PAPER
Ten (10) paper copies of all above items
One (1) copy of any submerged land lease, if existing, complete with all addendums (if applicable)
One (1) copy of Letter of explanation from Code Enforcement (if applicable)
One (1) copy of immediate neighbors letters/comments about this Variance (if applicable)
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 2 of 7
SPECIAL EXCEPTION - Zoning Board of Appeals Application
155.2406. SPECIAL EXCEPTION
(Below is a summary of Section 155.2406. For the complete language, please refer to the Zoning Code)
REVIEW STANDARDS
(Each standard MUST be addressed in writing)
A Special Exception application shall be approved only on a finding that there is competent substantial evidence in the
record that the Special Exception, as proposed:
a. Is consistent with the comprehensive plan;
b. Complies with all applicable zoning district standards;
c. Complies with all applicable use-specific standards in Article 4: Use Standards;
d. Avoids overburdening the available capacity of existing public facilities and services, including, but not
limited to, streets and other transportation facilities, schools, potable water facilities, sewage disposal,
stormwater management, and police and fire protection;
e. Is appropriate for its location and is compatible with the general character of neighboring lands and the
uses permitted in the zoning district(s) of neighboring lands. Evidence for this standard shall include, but
not be limited to, population density, intensity, character of activity, traffic and parking conditions and
the number of similar uses or special exception uses in the neighborhood;
f. Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding
refuse collection, service delivery, parking and loading, signs, lighting, and other site elements;
g. Adequately screens, buffers, or otherwise minimizes adverse visual impacts on neighboring lands;
h. Avoids significant deterioration of water and air resources, scenic resources, and other natural
resources;
i. Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles
and pedestrians, and safe road conditions around the site and neighborhood;
j. Allows for the protection of property values and the ability of neighboring lands to develop uses
permitted in the zoning district;
k. Fulfills a demonstrated need for the public convenience and service of the population of the
neighborhood for the special exception use with consideration given to the present availability of such
uses;
l. Complies with all other relevant city, state and federal laws and regulations.; and
m. For purposes of determining impacts on neighboring properties and/or the neighborhood, the terms
neighboring properties and neighborhood shall include the area affected by the requested special
exception, which is typically an area of 500 ft to a one-half mile radius from the subject site.
Special Exception Uses also have Use-Specific Standards set forth in Article 4: Use Standards.
PROCEDURE
1. Pre-Application Meeting with Senior Planner.
2. Recommendation by the Development Service Director.
3. Final decision by the Zoning Board of Appeals, following a quasi-judicial public hearing.
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 3 of 7
VARIANCE - Zoning Board of Appeals Application
155.2420. VARIANCE
(Below is a summary of Section 155.2420. For the complete language, please refer to the Zoning Code)
REVIEW STANDARDS
(Each standard MUST be addressed in writing)
A Variance application shall be approved only on a finding that there is competent substantial evidence in the record
that all of the following standards are met:
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 for which the Variance is
sought, that do not generally apply to other lands or structures in the vicinity;
b. The extraordinary and exceptional conditions referred to in paragraph a., above, are not the result of the
actions of the landowner;
c. Because of the extraordinary and exceptional conditions referred to in paragraph a., above, the application of
this Code to the land or structure for which the Variance is sought would effectively prohibit or unreasonably
restrict the utilization of the land or structure and result in unnecessary and undue hardship;
d. The Variance would not confer any special privilege on the landowner that is denied to other lands or
structures that are similarly situated.
e. The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure;
f. The Variance is in harmony with the general purpose and intent of this Code and preserves its spirit;
g. The Variance would not adversely affect the health or safety of persons residing or working in the
neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to
the public welfare; and
h. The Variance is consistent with the comprehensive plan.
No change in permitted uses or increases in maximum allowable density may be authorized by variance.
PROCEDURE
1. Pre-Application Meeting with Senior Planner.
2. Recommendation by the Development Service Director.
3. Final decision by the Zoning Board of Appeals, following a quasi-judicial public hearing.
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 4 of 7
TEMPORARY USE PERMIT - Zoning Board of Appeals Application
155.2412. TEMPORARY USE PERMIT (Major)
(Below is a summary of Section 155.2412. For the complete language, please refer to the Zoning Code)
REVIEW STANDARDS
(Each standard MUST be addressed in writing)
A Temporary Use Permit shall be approved only on a finding that the temporary use, as proposed:
a. Is on its face temporary in nature;
b. Is in harmony with the spirit and intent of this Code;
c. Is not detrimental to property or improvements in the surrounding area, or to the public health, safety, or
general welfare;
d. Does not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby
residential neighborhoods;
e. Is compatible with any principal uses on the site;
f. Is located on a site containing sufficient land area to allow the temporary use and associated structures, and
accommodate any associated parking and traffic movement, without disturbing environmentally sensitive lands;
and
g. Complies with all applicable use-specific standards in Section 155.4403;
Certain Temporary Uses also have Use-Specific Standards set forth in
Part 4 (Temporary Uses and Structures) of Article 4: Use Standards.
PROCEDURE
1. Pre-Application Meeting with Senior Planner.
2. Recommendation by the Development Service Director.
3. Final decision by the Zoning Board of Appeals, following a quasi-judicial public hearing.
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 5 of 7
INTERIM USE PERMIT - Zoning Board of Appeals Application
155.2415. INTERIM USE PERMIT
(Below is a summary of Section 155.2415. For the complete language, please refer to the Zoning Code)
REVIEW STANDARDS
(Each standard MUST be addressed in writing)
An Interim Use Permit application shall be approved only on a finding that there is competent substantial evidence in the
record that the Interim Use, as proposed:
a. Complies with the standards in Section 155.4403.E Interim Commercial Use or Section 155.4403.F Interim
Industrial Use, as applicable;
b. Is consistent with the comprehensive plan;
c. Is consistent with any adopted Master Plan;
d. Will not create a traffic hazard or nuisance with consideration given to, but not limited to, location of
existing uses, turning movements in relation to the access to public roads and intersections or its location in
relation to other buildings or proposed buildings on adjacent properties;
e. Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding
property or the neighborhood, with consideration given to, but not limited to, noise, vibration, fumes, odors,
dust, glare, other environmental hazards, or physical activity that will be generated and is otherwise present in
the area; and
f. Will not adversely affect the health, safety, security, morals, or general welfare of the neighborhood;
g. Will not, with consideration given to the existing development in the area and development permitted
under the current zoning provisions, overburden existing public services and facilities, including police and fire
protection, water, sanitary sewer, public road, storm drainage, and other public improvements, and will not
create a hazard by virtue of its site and location to residents, visitors, or workers in the neighborhood;
h. Will be in harmony with the general character of the neighborhood, with consideration given to, but not
limited to, population density, intensity, character of activity, traffic and parking conditions, and the number of
similar uses in the neighborhood; and
i. Is consistent with CPTED standards for natural surveillance, natural access control, territorial
reinforcement, and maintenance.
j. Additionally, an Interim Commercial Use shall comply with the following standards:
i. Will benefit the neighborhood and will be open to the public;
ii. Is an outdoor use that would otherwise be allowed in the zoning district in which it is located as either a
Permitted Use, Special Exception Use, or Accessory Use; and
iii. Is a community serving use.
See Section 155. 2415.D.2 for applicable Interim Commercial Use Waivers
that may be granted by the Zoning Board of Appeals.
PROCEDURE
1. Pre-Application Meeting with Senior Planner.
2. Recommendation by the Development Service Director.
3. Final decision by the Zoning Board of Appeals, following a quasi-judicial public hearing.
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 6 of 7
Zoning Board of Appeals Application (Check all that apply)
Zoning Board of Appeals Application (Select one of the following)
Special Exception
Variance
Major Temporary Use
Interim Use Permit
Street Address:
Folio Number:
Zoning
District:
Subdivision:
Block:
Lot:
Date of Required
Pre-Application Meeting:
Project Information
Request:
Representative or Agent’s interest in property (Owner, Lessee, Etc):
Have any previous
applications been filed? Yes No
If Yes, give date of
hearing and/or appeal #:
Owner’s Representative or Agent
Landowner (Owner of Record)
Business Name (if applicable):
Business Name (if applicable):
Print Name and Title:
Print Name and Title:
Signature:
Signature:
Date:
Date:
Street Address:
Street Address:
Mailing Address City/ State/ Zip: (Property Landowner’s Mailing Address City/ State/ Zip
Mailing Address City/ State/ Zip:
Phone Number:
Phone Number:
Email:
Email:
P&Z#: __________________
City of Pompano Beach
Department of Development Services
Planning & Zoning Division
100 W. Atlantic Blvd Pompano Beach, FL 33060 Zoning Board of Appeals Application
Phone: 954.786.4679 Fax: 954.786.4666
G:\Zoning 2009\Forms and documents\Website Documents\Planning & Zoning\Forms
Modified: 4.28.2020 Page 7 of 7
OWNER’S CERTIFICATE
This is to certify that I am the owner of the subject lands described in this application and that I have authorized
the filing of the aforesaid application. I further certify that this request is not related to any existing violation of
the zoning code.
Note: If this request is related to an existing zoning violation, please submit documentation as to the Special
Master’s disposition of the matter.
By signing below, I acknowledge that development applications must have a determination by the governing
municipality of approved, approved with conditions, or denied within 120 days from a complete submittal for
projects that do not require final action through a quasi-judicial hearing or a public meeting and within 180 days
from a complete submittal for projects that do require final action through a quasi-judicial hearing or a public
meeting per FL Stat § 166.033 and the Pompano Beach Code Section 155.2303.F.3. It is the responsibility of
the applicant to receive all final Development Orders and receive this determination within the allotted
timeframe. If the applicant fails to resubmit an application within 30 calendar days after being first notified of
deficiencies of the submittal, the application shall be considered withdrawn and a $100 non-refundable
administrative fee will apply (155.2303.F.2.b). Additionally, if all required approvals are not received within the
allotted timeframe the application will automatically be denied unless both the City and the applicant agree to
an extension of time (155.2303.I).
Owner’s Name: ________________________________________________________________
(Print or Type)
Address: ________________________________________________________________
________________________________________________________________
(Zip Code)
Phone: ______________________________________
Email address: ________________________________________________________________
________________________________________________________________
(Signature of Owner or Authorized Official)
SWORN AND SUBSCRIBED before me this _____ day of _______________ , ______ by means of
[ ] physical presence or [ ] online notarization.
______________________________________________________________________________
NOTARY PUBLIC, STATE OF FLORIDA
______________________________________________________________________________
(Name of Notary Public: Print, stamp, or Type as Commissioned.)
[ ] Personally know to me, or
[ ] Produced identification: ___________________________________________________
(Type of Identification Produced)
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