Item Coversheet

CITY OF OAKLAND PARK, FLORIDA
PLANNING AND ZONING ADVISORY BOARD AGENDA ITEM REPORT

AGENDA ITEM NO. 3.

MEETING DATE: 5/6/2019
PREPARED BY: 

Alex Dambach, AICP,

Planning Supervisor

 

Peter Schwarz, AICP,

Assistant Director

 

Jennifer Frastai, Director

Engineering & Community Development

DEPARTMENT HEAD APPROVAL:  CED for Planning and Zoning Board
SUBJECT: A Public Hearing to consider amending Chapter 24 by creating Article XXI, Certificate of Use Program, Sections 24-285 through 24-291, requiring businesses to obtain a Certificate of Use permit; providing for procedures, provisions for implementation, appeal and revocation and penalties, and to amend Article XVIII, Definitions, Section 24-245, a add definitions as required.
1.BACKGROUND/HISTORY
    
 

Issue Statement: The City seeks to adopt an ordinance establishing a Certificate of Use (C.U.) program.  A C.U. program is a permit issued by many local governments (including Broward County) to ensure that a business is allowed in the zoning district where it is proposed to operate. It also verifies that the structure (or space) where the business operations take place is appropriate for the proposed type of business.  The C.U. process affords local governments a mechanism to review and inspect a variety of elements pertaining to business operations, and to reject or deny a C.U. application based on certain findings.  The C.U process is concurrent with the issuance of a Business Tax Receipt.

   

Recommended Action: Staff recommends the Planning and Zoning Board recommend approval of the attached Ordinance amending Chapter 24 by creating Article XXI, Certificate of Use Program, Sections 24-285 through 24-291, and to amend Article XVIII, Definitions, Section 24-245, a add definitions as required.

 

Background: At the February 20, 2019, City Commission meeting, staff provided an overview of the Certificate of Use Program to the City Commission.  The presentation outlined the process and steps for issuance of a C.U. permit (s) to be followed by the City in carrying out in the implementation of the Certificate of Use process.

2.CURRENT ACTIVITY
    
 

The proposed Ordinance is intended to protect the city's residents from the harmful effects of non-permitted business operations by establishing a Certificate of Use requirement, which would provide a review procedure to ensure that businesses comply with City regulations when they open and operate.

 

What is a Certificate of Use?

  • A Certificate of Use is a document issued by the City of Oakland Park confirming that the proposed uses(s) are consistent with Zoning and Land Development Regulations and any other applicable codes and state laws.
  • A Certificate of Use process is a comprehensive way for business operators to provide staff with complete information about their establishment through a single process. This would reduce opportunities for errors and reduce delay in determining compliance for new businesses.
  • A Certificate of Use is location-specific.
  • A Certificate of Use is valid for the duration of the time business operates at its location.

 

Who Must Obtain a Certificate of Use?

  • Any new business or multi-family property, except duplexes.
  • Any new non-profit including churches/houses of worship.
  • Home-based businesses are exempt.
  • Any business that undergoes a change of use, a substantial renovation, enlargement, or relocation would require a new Certificate of Use.
  • An issued Certificate can be transferred to a new owner of the same business or property provided there is no other change.

 

Existing Businesses:

  • Existing businesses which hold a valid business tax receipt, as of the effective date of the ordinance, shall be considered to have an active certificate of use.

 

Application Process:

  • C.U. Application to be submitted by Business Owner with verification from property owner (if different).
  • City staff would review the business information provided for compliance with applicable laws and regulations.
  • City staff would conduct an inspection of the premises.
  • The building structure is required to have a certificate of occupancy or change of use, if applicable, before issuance of a Certificate of Use.

 

Enforcement:

  • The business shall display its Certificate of Use in a place visible to the public.
  • A Certificate of Use could be revoked or suspended for various violations including misrepresentation, criminal activity associated with the business, failure to correct violations, etc. Appeals would be considered through a process as prescribed in Article XVII, Section 24-234 of the Code of Ordinances, including enforcement by a Special Master.
  • Enforcement officers may inspect businesses during regular operating hours.

 
3.FINANCIAL IMPACT
    
 The City seeks to administer a cost neutral program and is undertaking an operational analysis to determine the impact to the City and the recommended fees to be established.  That analysis is underway and will be provided to the City Commission for consideration along with the presentation of a proposed fee structure to be adopted via resolution.
4.RECOMMENDATION
    
 

Staff recommends the Planning and Zoning Board recommend approval of the attached Ordinance amending Chapter 24 by creating Article XXI, Certificate of Use Program, Sections 24-285 through 24-291, and to amend Article XVIII, Definitions, Section 24-245, a add definitions as required.

ATTACHMENTS:
Description
Draft Ordinance