TO: Mayor and City Commission
FROM: Cale Curtis, City Manager
DATE: June 3, 2026
Title
AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING CHAPTER 40 - LAND DEVELOPMENT CODE, ARTICLE 2 - DEFINITIONS, SECTION 40.201 AND ARTICLE III ADMINISTRATION, DIVISION 2 - APPLICATIONS, REVIEW PROCEDURES AND PUBLIC NOTICE, SECTION 40.307 RESERVED; OF THE CITY OF MARGATE CODE OF ORDINANCES TO PROVIDE FOR A PROCESS FOR THE GRANTING OF A SPECIAL WAIVER FOR CERTAIN DEVELOPMENT PROJECTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND:
At the January 21, 2026 City Commission meeting, the City Commission directed staff to prepare this
ordinance. This ordinance creates a new “Special Waiver” process within the City of Margate Land
Development Code. The process allows the City Commission to approve limited relief from certain
development code requirements when strict application of the code would create a burdensome hardship
or produce a result inconsistent with the City’s development goals.
Purpose
The ordinance is intended to provide flexibility for unique development projects while still protecting
surrounding neighborhoods and ensuring consistency with the City’s Comprehensive Plan.
Key Features
• Applies only in conjunction with a site plan or site plan amendment application.
• Requests are reviewed by the Development Review Committee (DRC) and then considered by the City Commission at a public hearing.
• The City Commission may:
o Approve,
o Approve with conditions,
o Deny,
o Defer, or
o Request additional review.
• The Commission may impose conditions related to:
o Landscaping,
o Building design,
o Traffic access,
o Lighting,
o Hours of operation,
o Environmental mitigation, and similar site-specific issues.
• Approvals expire after 12 months if permits are not obtained or the project does not move forward, unless an extension is granted.
Review Standards
The Commission must determine that the request:
• Is consistent with the Comprehensive Plan,
• Does not harm public health, safety, or welfare,
• Is compatible with surrounding properties,
• Does not negatively impact infrastructure or traffic,
• Provides adequate parking and access, and
• Is in the best interest of the City.
How This Differs from Margate’s Variance Procedure Variance
A variance is traditionally intended to address a unique physical hardship related to the property
itself, such as:
• Unusual lot shape,
• Size constraints,
• Topography, or
• Other site conditions that prevent compliance with the code.
Variances are generally:
• Heard by the Board of Adjustment,
• Narrowly interpreted,
• Based on strict legal hardship standards, and
• Intended to provide the minimum relief necessary.
Special Waiver
The proposed Special Waiver process is broader and more policy-based. It:
• Is decided by the City Commission rather than the Board of Adjustment,
• Focuses on whether strict code application conflicts with the City’s development objectives,
• Allows consideration of overall project design and community benefit,
• Provides flexibility for redevelopment or unique projects,
• Allows customized conditions to address impacts.
Simple Explanation
• Variance = property hardship relief
• Special Waiver = development flexibility for projects that support City goals
The Special Waiver process gives the City Commission additional discretion to evaluate unique
development proposals that may not fit neatly within the existing code, while still requiring public review
and compatibility standards.
RECOMMENDATION: The Planning and Zoning Board recommended approval of this ordinance at their March 3, 2026 meeting.
FISCAL IMPACT: N/A
CONTACT PERSON: Elizabeth Taschereau, Director of Development Services