§ 9-4. Height limitation for deposit of fill.

(a)

Fill or other substances shall not be deposited, stockpiled, or maintained at a height greater than four (4) feet above surrounding lands for a period greater than six (6) months. This height limitation shall also apply to lands which are wholly or partly separated from such surrounding lands by rivers, canals, streams, or any other kinds of waterways or bodies of water.

(b)

A permit shall not be issued pursuant to the provision of division 301 of the Broward Building Code if the tract of land upon which the building, structure or use is to be located has been artificially filled to a height greater than four (4) feet above the average height of surrounding lands back twenty (20) feet from the common boundary. This limitation shall also apply to tracts of lands which are wholly or partly separated from such surrounding lands by rivers, canals, streams, or any other kinds of waterways or bodies of water. This limitation shall not apply to tracts of lands in their natural state or tracts of lands which have been artificially filled for a period of five (5) years preceding the date of application for the permit.

(c)

Exceptions to the requirements of this section may be made by the city commission upon written application of any property owner, his agent or attorney, providing such exceptions are found to be in the public interest after public hearing. It shall be the duty of the property owner to exhibit to the city commission an unreasonable hardship in restricting the use of his property to the height limitation prescribed in this section to entitle the owner to relief from literal enforcement of this chapter. If such relief is granted, the city commission shall direct the city manager to inform the property owner in writing of the relief granted and the terms and conditions imposed upon the owner's use of the property involved.

(Code 1953, § 48-15; Ord. No. C-70-69, § 1, 9-1-70)