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SIGN VARIANCE CRITERIA

For Variances obtained after-the-fact, the responsible contractor must be present at the Board meeting.

In specific cases where the literal and strict enforcement of the applicable provisions of these Zoning and Land Development Regulations or other regulations or provisions of this code, would result in undue or unnecessary hardship, the Development Review Board may grant a petition for variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the Board makes the following findings: (a-c) 

  1. The variance is not contrary to the public interest; 
  2. The variance is required due to special conditions.
  3. A literal enforcement of the provisions of Article 8, may result in an unnecessary hardship.

These items are considered according to quasi-judicial procedures.


VARIANCE CRITERIA

For Variances obtained after-the-fact, the responsible contractor must be present at the Board meeting.

In specific cases where the literal and strict enforcement of the applicable provisions of these Zoning and Land Development Regulations or other regulations or provisions of this code, would result in undue or unnecessary hardship, the Development Review Board may grant a petition for variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the Board makes the following findings: (a-d)

  1. That the requested Variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the City.
  2. That the requested Variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; 
  3. That the requested Variance is consistent with and in furtherance of the Goals, Objectives and Policies of the adopted Comprehensive Plan, as amended from time to time, the applicable Neighborhood Plan and all other similar plans adopted by the city
  4. That the need for the requested Variance is not economically based or self-imposed.
  5. That the Variance is necessary to comply with the State or Federal Law and is the minimum Variance necessary to comply with the applicable law.

These items are considered according to quasi-judicial procedures.

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SPECIAL EXCEPTION CRITERIA

For Special Exception uses, the following would apply:

Applications for ALL Special Exceptions shall be reviewed by the Development Review Board. A letter of support from the Community Redevelopment Agency will be necessary if project located within the Community Redevelopment Area. All Special Exceptions will be reviewed based on the following criteria:


CRITERIA 1:    

The proposed used must be consistent with the principles of the City's Comprehensive Plan 

CRITERIA 2:    

The proposed use must be compatible with the existing land use pattern and designated future uses and with the existing natural environment and other real properties within the vicinity. 

CRITERIA 3:    

That there will be provisions for save traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use. 

CRITERIA 4:    

That there are setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust and other potential nuisances. 

CRITERIA 5:    

The proposed use, singularly or in combination with other Special Exceptions, must not be detrimental to the health, safety, or appearance of the neighborhood or other adjacent uses by reason of any one or more of the following: the number, area, location, height, orientation, intensity or relation to the neighborhood or other adjacent uses.  

CRITERIA 6:    

The subject parcel must be adequate in shape and size to accommodate the proposed use. 

CRITERIA 7:    

The proposed use will be consistent with the definition of a Special Exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code. or otherwise adopted by the City Commission.  

   

Conditions may be stipulated and made a requirement in granting any application for a special exception, when it is found by the Board to be necessary to further the purposes of the zoning district or compatibility with other property within the vicinity.

For Special exceptions to re-establish, expand or intensify a lawful non-conforming use pursuant to Section 3.12.G of the Development Zoning and Land Development Regulations, any approval shall be based on findings by the Development Review Board that: 

  1. The approval of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant.
  2. The approval will not, under any circumstances of the particular case, be detrimental to the health safety and general welfare of persons working or residing within the vicinity.
  3. The approval will not be detrimental or injurious to property and improvements in the vicinity or to the general welfare of the City.
  4. The approval will, to the maximum extent possible, bring the use or building and the site upon which it is located into compliance with City Regulations.

For Special Exceptions for Communication Towers, any approval shall be based on findings by the Development Review Board that: 

  1. The specific location, which is proposed for the tower, must be necessary to provide service to a particular geographical area.
  2. The tower may not adversely affect the existing character of the surrounding area; and

  3. Approval of the tower will not be detrimental or injurious to the health, safety and general welfare of persons working or residing within the vicinity.

These items are considered according to quasi-judicial procedures.

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DESIGN REVIEW CRITERIA

Design Review encompasses the examination of architectural drawings for consistency with the General Criteria, Criteria as they appear in Design Guidelines Manual, and the Neighborhood Specific Design Review Criteria all of which is approved by the Board with regard to the aesthetics, appearances, safety, and function of the structure in relation to the site, adjacent structures and surrounding community.

The Board and the Office Planning and Development Services Director shall review plans based upon the aforementioned Criteria (See above paragraph). If the Board and the Director determines that an application is not consistent with the criteria, it shall set forth in writing the reasons substantiating its finding.

General Criteria. The architectural style of the building, accessory structures and landscaping shall be evaluated in terms of the following criteria (1-4): 

DESIGN CRITERIA

  1.  Architectural and Design components. Architecture refers to the architectural elements of exterior building surfaces. Architectural details should be commensurate with the building mass. The use of traditional materials for new architectural details is recommended. Design of the building(s) shall consider aesthetics and functionality, including the relationship of the pedestrian with the built environment.  
  2. Compatability. The relationship between existing architectural styles and proposed construction, including how each building along the street relates to the whole and the pattern created with adjacent structures and the surrounding neighborhood. Buildings should contain architectural details that are characteristic of the surrounding neighborhood.  
  3. Scale/Massing. Buildings shall be proportionate in scale, with a height which is consistent with the surrounding structures. Building mass shall reflect a simple composition of basic architectural details in relation to its length, width, height, lot coverage, and setting of the structure in context with adjacent buildings. Architectural details include, but are not limited to, banding, molding, and fenestration.  
  4. Landscaping. Landscaped areas should contain a variety of native and other compatible plant types and forms, and be carefully integrated with existing buildings and paved areas. Existing mature trees and other significant plants on the site should be preserved.  

These items are considered according to quasi-judicial procedures.

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CERTIFICATE OF APPROPRIATENESS FOR DESIGN FOR HISTORIC PRESERVATION BOARD

The Historic Preservation Board reviews all requests for additions to existing buildings, major restoration work or substantial alterations for locally designated historic sites or sites located within a historic District. These projects are considered by the Board for Certificates of Appropriateness for Design which are evaluated based upon the City of Hollywood's Design Guidelines for Historic Properties and Districts along with the following criteria: integrity of location, design, setting, materials, workmanship, and association.

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CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION CRITERIA FOR THE HISTORIC PRESERVATION BOARD

The City Commission and the Board shall consider the following criteria in evaluating applications for a Certificate of Appropriateness for Demolition of buildings, structures, improvements or sites: 

  1. The building, structure, improvement, or site is designated on either a national, state, or local level as an historic preservation district or an architectural landmark of Site.
  2. The building, structure, improvement, or site is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense.
  3. The building, structure, improvement, or site is one of the last remaining examples of its kind in the neighborhood, the county, or the region.
  4. The building, structure, improvement, or site contributes significantly to the historic character of a historically designated district.
  5. Retention of the building, structure, improvement, or site promotes the general welfare of the city by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular and heritage.
  6. There are definite plans for reuse of the property if the proposed demolition is carried out, and those plans will adversely affect on the historic character of the Historic District.
  7. The Unsafe Structures Board has ordered the demolition of a structure or the feasibility study determines that the retention of the building would deny the owner of all economically viable uses of the property.
  8. The information listed in the Historic Properties Database (a listing of historic and non-historic properties) has been considered as a guideline in determining whether a Certification of Appropriateness for Demolition should be issued.

These items are considered according to quasi-judicial procedures.

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REVIEW CRITERIA CHANGE OF ZONING DISTRICT AND ZONING AND LAND DEVELOPMENT CODE TEXT AMENDMENT

In reviewing a request for a change of zoning district designation or an amendment to the Zoning and Land Development Code, the applicant must demonstrate that the application is consistent with the below criteria. The Planning and Zoning Board shall provide a recommendation to the City Commission on whether the application substantially meets the applicable criteria. In order for the City Commission to approve and application, it must find that the application is substantially consistent with the below criteria:


REZONING CRITERIA

  1. That the petition for a change of zoning district will not result in spot zoning or contract zoning.
  2. That the proposed change is consistent with, and in furtherance of, the Goals, Objectives and Policies of the City's Comprehensive Plan. 
  3. That conditions have substantially changed from the date the present zoning district classification was placed on the property, which make the passage of the proposed change necessary.
  4. That proposed change will not adversely influence living conditions in the neighborhood; and
  5. That the proposed change is compatible with the development(s) within the same district/neighborhood.


QUASI-JUDICIAL

The application regarding your property has been interpreted by Florida courts to be quasi-judicial in nature. This means that the City's decision is to be supported by competent, substantial evidence in the record regarding your application. In quasi-judicial procedures all witnesses are sworn in, subject to cross-examination, and the applicant, the City and any other interested party (e.g. a neighbor) are allowed opening and closing statements. However, the City's adopted quasi-judicial procedures allow you to waive this process and have your application heard and considered in a more informal manner, or legislatively, if you so wish and elect, and staff present agrees. You may identify your choice at the time of the meeting.

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