Broward County:

ARTICLE VI

LAND USE PLANNING

Section 6.01 CREATION OF BROWARD COUNTY PLANNING COUNCIL

There shall be a Broward County Planning Council, hereinafter referred to as the Council.

Section 6.02 ABOLITION OF THE BROWARD COUNTY AREA PLANNING BOARD ACT(*8)

The Broward County Area Planning Board Act, Chapter 59-1154 of the Laws of the State of Florida, Special Acts of 1959, as amended, is hereby repealed as provided below:

The functions, responsibilities, duties and obligations of the Broward County Area Planning Board Act as provided in Chapter 59-1154, Laws of Florida, Special Acts of 1959, as amended, and the functions, responsibilities, duties and obligations vested in the Broward County Area Planning Board by the various agencies and departments of the State and Federal governments are hereby transferred and vested in the Council. The Broward County Area Planning Board Act is hereby repealed.

(A.) There shall be fifteen (15) members of the Council. The initial Council shall be duly appointed by the County Commission within forty-five (45) days of the effective date of this Charter.

(B.) One (1) member shall be a County Commissioner selected by majority vote of the Commission to represent it for a time specified by the Commission.

(C.) Further, the Commission shall appoint two (2) members from each of the seven (7) Commission districts, with one (1) in each district being an elected municipal official and one (1) being an elector not holding an elected public office. If no elected municipal official from a particular district is willing to accept such appointment, then the seat will be filled by an elector from the district who is not an elected public official. Any Council member serving on the Council on November 1, 1978, who was appointed at-large, or who was appointed from a Commission district in which he no longer resides due to the change in Commission district boundaries in 1977, may continue to serve until December 1, 1978, at which time such member's seat shall be considered vacant and a new appointment made by the Commission.(*7)

(D.) Except for the Commission member, no more than two (2) members of the Council shall reside within the same municipality, provided that no municipality with a population of less than 50,000, according to the last decennial census, shall have more than one (1) representative therein.

Section 6.03 VACANCIES (*9)

(A.) If a member who is an elected municipal official ceases to be such, the membership on the Council shall terminate, and the position shall be deemed vacant. Any person who moves from that County Commission district in which the person was required to reside at the time of appointment shall cease to be a member of this Council, and that position will be deemed vacant. Other vacancies shall be defined by ordinance, and said vacancies shall be filled by the Commission.

(B.) If a conflict should occur due to a change of municipal boundaries so that greater representation than provided in this section occurs, all affected seats shall be considered vacant, and reappointments shall be made by the Commission.

Section 6.04 TERMS OF OFFICE (*10)

Except as otherwise provided herein, the term of each appointed Council member shall coincicde with the term of the County Commissioner who has mutual residency requirements.

Section 6.05 POWERS AND FUNCTION

(A.) The Council shall employ an administrator and such other administrative, professional, expert and clerical assistants as is necessary to carry out the duties authorized by this Charter.

(B.) Any local governmental unit may request and the Council may furnish, if requested, any technical and staff assistance to that local governmental unit, in which case the local governmental unit shall reimburse the County for the Council's direct costs.

(C.) The Council shall adopt and may amend a uniform Countywide general zoning glossary of terms in consultation with other governmental units. Nothing in this paragraph shall, however, prohibit other governmental units within the County from specifying specific prohibited or permitted uses or various other restrictions as may be deemed necessary to be in the best interest of the governmental unit.

(D.) The Council shall prepare and propose a land use plan for Broward County for adoption by the Commission. If, after ninety (90) days from the organizational meeting of the Council, any governmental unit submits to the Council its land use plan, then the Council, within sixty (60) days from the date of submission, shall schedule, as soon as practicable, a public hearing to consider that plan for inclusion in the County Land Use Plan and/or certification. The Council shall take into consideration such factors as: professional service employed, consideration given to utilities and adjoining areas with regard to impact on roads and general environmental quality, sufficient notice to surrounding areas and proper opportunity for the public to review and comment on the proposed Plan, etc. The Council may, at this hearing or a subsequent regular meeting, by a simple majority of its membership, adopt or reject such inclusion and/or certification of, or amendment to, such governmental unit plan. The Council shall state its reasons for rejection, alterations or modifications in writing to the affected governmental unit. The Council may propose amendments to the County Land Use Plan at any time after consideration at two public hearings. (*11)

(E.) Within six (6) months after adoption of the County Land Use Plan each governmental unit may submit its own land use plan. In the event that a plan prepared and adopted by a governmental unit is determined upon review, analysis and determination by the Council to be rejected, in accordance with Section 6.05 D, such reasons for rejection shall also be in writing.

If the governmental unit plan is in substantial conformity with the County Land Use Plan of the Council, it shall be deemed certified. Until such time as the governmental unit plan is in substantial conformity with the County Land Use Plan, as interpreted by the Council, the County Land Use Plan will be the effective plan for the governmental unit involved. If a governmental unit fails to submit a plan in due course, then the County Land Use Plan will be effective.

(F.) The Council shall, within ninety (90) days after the appointment of the initial members of the Council, make such rules and regulations covering certification, appeals, and all other pertinent matters. The Council shall also adopt such reasonable rules of procedure to govern the conduct of its meetings and the performance of its duties.

(G.) Within one (1) year after the adoption of the County Land Use Plan, governmental unit zoning as to permitted uses and densities shall comply with the County Land Use Plan as adopted and, from time to time, amended and/or its own land use plan as certified according to this section. Nothing herein shall prohibit any governmental unit from adopting more restrictive zoning as to permitted uses and densities than those provided for in the Countywide or certified plan.

Section 6.06 VESTED RIGHTS

(A.) If a person, firm or corporation has, by actions in reliance on prior regulations, obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to its interests, then nothing in this Charter authorizes any governmental agency to abridge those rights.

(B.) Nothing in this Charter authorizes any governmental agency to adopt a rule or regulation or issue any order that is unduly restrictive or constitutes a taking of property without the payment of full compensation, in violation of the Constitution of the State of Florida or of the United States.

Section 6.07 GIFTS AND GRANTS

The Council may contract and may accept gifts, grants, and/or assistance from Federal, State or local governmental units or agencies for the conduct of its work and the realization of its objectives, provided that no condition or limitation be attached, such as gifts, grants, aid or assistance inconsistent with provisions of this Act. All funds shall be deposited in the General Fund of Broward County.

Section 6.08 FUNDING OBLIGATION OF COUNTY COMMISSION

The Commission is required and empowered to include in the general fund of its annual budget for each fiscal year such sum as is necessary to carry out the duties prescribed herein.

Section 6.09 IMPLEMENTATION (*12)

The Commission shall by ordinance adopt or amend the County Land Use Plan by no less than a majority of the total membership.

Section 6.10 UNINCORPORATED AREAS

The County shall immediately adopt within the time frame and conditions imposed on all other governmental units, a comprehensive land use plan for all unincorporated areas of the County and shall submit the plan to the Council for approval or rejection. If an unincorporated area included in the County plan is annexed by a municipality, then such area shall be included within the comprehensive land use plan of the municipality which annexed it and shall be submitted to the Council for approval.

Section 6.11 CENTRAL EXAMINING BOARDS (*13)

(A.) The following central examining boards are hereby established:

1. plumbing and specialty plumbing contractors
2. electrical and specialty electrical contractors
3. general and specialty building contractors
4. mechanical and specialty mechanical (including air conditioning) contractors
5. liquefied petroleum gas contractors
6. engineering and specialty engineering contractors

(B.) Each board shall consist of six (6) members who shall have been active in their crafts or trade for not less than ten (10) years within Broward County. Three (3) members of each board shall be appointed by the County Commission and three (3) members shall be appointed by the League of Cities. The initial appointments shall be initially for one, two and three years.

(C.) As to its respective craft or trade, each board shall have the powers and duties to:

1. submit to the Board of County Commissioners for enactment by ordinance reasonable rules and regulations with regard to the requirements for issuance and revocation of certificates of competency.
2. contract with independent testing services to compose, administer and grade tests; provided, however that no testing agency shall be selected which, through itself or any subsidiary, offers instruction to applicants on passing the tests.
3. to adopt reasonable fees to be paid by applicants to cover the costs of the board, including a secretary to be supplied by the Broward County Administrator.

(D.) Certificates of Competency issued by each board created hereunder shall be valid countywide.

(E.) After adoption of this provision no municipality shall issue a new certificate of competency based on examination in any of the above trades or crafts. Municipalities may hereafter renew those certificates of competency previously issued by the municipalities between October 1, 1975 and the adoption of this provision.

(F.) Each board shall be supplied office space by Broward County and shall meet a minimum of eight times a year.

(G.) The appointing authority may remove any board member for misconduct, incompetency or neglect of duty on its own motion or upon recommendation of a majority of the board. Vacancies shall be filled by the appointing agency for the remainder of the former member's term.

(H.) All existing members of central examining boards in existence upon the adoption of this section shall continue in office until their successors are qualified. All existing certificates of competency issued by said boards shall remain in effect unless revoked for cause.

(I.) The office of the County Attorney shall represent each of the boards created hereunder.

(J.) Chapter 61-1959, Laws of Florida, as amended, and Chapter 59-1129, Laws of Florida, as amended, are hereby transferred and vested in the Charter government; and said Acts are hereby repealed.

Section 6.12 PLAT ORDINANCE (*14)

The legislative body of each municipality within Broward County and the County Commission for the unincorporated area shall, within six (6) months after the effective date of this Charter, create a mandatory plat ordinance.

No plats of land lying within Broward County, either in the incorporated or unincorporated areas, may be recorded in the Official Records prior to approval by the County Commission. The County Commission shall enact an ordinance establishing standards, procedures and minimum requirements to regulate and control the platting of lands within the incorporated and unincorporated areas of Broward County. The governing body of each municipality may enact an ordinance establishing additional standards, procedures, and requirements as may be necessary to regulate and control the platting of lands within its boundaries.

(*8) Section 6.02 C was amended by referendum on November 7, 1978. Section 6.02 was substantially amended by referendum on November 5, 1996; see County Commission resolution 96-417 for changes.

(*9) Section 6.03 A was amended by referendum on March 9, 1976.
(*10) Section 6.04 was amended by referendum on November 6, 1996.
(*11) Section 6.05 D was amended by referendum on November 2, 1976.
(*12) Section 6.09 was amended by referendum on November 2, 1976.
(*13) Section 6.11 was amended by referendum on November 2, 1976. Section 6.11 F was amended by referendum on November 6, 1996.
(*14) Section 6.12 was amended by referendum on November 2, 1976.

ARTICLE V

PLANNING AND ZONING COMMISSION AND

BOARD OF ZONING ADJUSTMENT

Section 501. Creation of Orange County Planning and Zoning Commission.

There shall be a Planning and Zoning Commission whose membership shall be determined by the Board or County Commissioners.

A. Functions, Powers and Duties of the Planning and Zoning Commission. The Planning and Zoning Commission shall:

1. propose amendments and revisions to the comprehensive and coordinated general plan to meet present requirements and such future requirements as may be foreseen, and propose amendments and revisions to the official zoning maps showing the zones and districts as established by the comprehensive plan;

2. conduct public hearings as required to hear requests for zoning changes; and

3. perform any other duties which may be lawfully assigned to it.

Section 502. Creation of Board of Zoning Adjustment.

There shall be a Board of Zoning Adjustment whose membership shall be determined by the Board of County Commissioners.

1. Functions, Powers and Duties of the Board of Zoning Adjustment. The Board of Zoning Adjustment shall:
   1. hear and decide appeals taken from the requirement, decision or determination made by the Planning or Zoning Department Manager where it is alleged that there is an error in the requirement, decision or determination made by said Department Manager in the enforcement of zoning regulations;
   2. hear and decide only such special exceptions as the Board of Zoning Adjustment is specifically authorized to pass on by the terms of the zoning resolutions;
   3. authorize upon appeal in specific cases such variance from the terms of the zoning resolutions as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning resolutions would result in unnecessary hardship; and
   4. perform any other duties which may be lawfully assigned to it. (Amended November 1988)

Section 503. Review of Planning and Zoning Commission's and Board of Zoning Adjustment's Decisions.

Any person aggrieved by any decision of the Planning and Zoning Commission or Board of Zoning Adjustment may file a notice of appeal to the Board of County Commissioners. Said appeal shall be processed and heard in accordance with such procedures as are prescribed by Orange County Code.

(Amended November 1988)

Section 504. (Reserved)

Section 505. Voluntary Annexation.

1. (1) The Board of County Commissioners may designate as Preservation Districts any areas of Orange County that are not within municipalities and that have existing historical and cohesive residential communities located within rural settlements as identified by the County's comprehensive plan (or within such successor land use categories as the Board may from time to time use in the comprehensive plan).

   (2) There is created as a preservation district the Dr. Phillips Urban Preservation District in unincorporated Orange County. It has existing historical and residential communities which form a cohesive whole. Its boundaries and description are respectively set forth at Appendixes A and B to Orange County Ordinance No. 98-08.

2. Voluntary annexation in a Preservation District may occur only if it is approved by a majority of the Board of County Commissioners after an advertised public hearing and by a majority of the registered electors residing within the boundaries of the Preservation District in which the property or properties lie and voting on the question. The vote by the registered electors residing within the Preservation District shall be conducted in accordance with Florida laws pertaining to annexation elections, and the Board of County Commissioners may adopt regulations and procedures to implement this method of voluntary annexation.
3. The annexation requirements in subsection (b) shall not apply to the Dr. Phillips Urban Preservation District if and to the extent their application would impair contractual rights under any agreement existing prior to the date the district was created.

(Created November 1992, Amended September 1998)

Palm Beach:

Article VII of the Palm Beach Charter titled Countywide Planning Council was not available to me via the web at the time I put this webpage together.