Lauren Pruss, AICP 

Assistant Director of Community and Economic Development

Peter Schwarz, AICP

Director of Community and Economic Development

Case #CD22-06T “Text Amendment to Amend the Master Business List, Supplemental Regulations and Definitions”

Issue Statement: In 2016, the City updated its Master Business List (MBL) and supplemental regulations.  The last major revision prior to 2016 occurred in 1990, which included a major overhaul of the entire Land Development Code.   In order to protect the quality of life within the City of Oakland Park, the City's Master Business List should be more regularly reviewed to ensure compatibility of uses, approvals, and update uses as new business and technologies are available in the City. 

Recommended Action: The Planning and Zoning Board recommend that the City Commission adopt the attached Ordinance amending Article III, Section 24-41 (C), entitled “Master Business List” and 24-41 (D), entitled “Supplemental Regulations to Master Business List.”

Background:  The Master Business List (MBL) is a table within the City Code listing businesses and land uses and identifying the zoning categories they are permitted in. These businesses are by Code permitted by-right, accessory, conditionally, or prohibited. The list also has definitions and supplemental regulations attached to some businesses. 

A recent review of the City's Master Business List found several areas where the city could elevate standards for specific land uses and apply special review (conditional use review) for uses that have the potential for impact on the surrounding area.

In particular, staff has taken a close look at automobile related uses such as auto repair and vehicle fueling stations, as well as outdoor storage uses. It was determined that these particular uses have a much greater potential for impact on the surrounding area based on operational characteristics that result in noise and outdoor operations, and poor attention to property maintenance which all contribute to blight in the community.  Further, it was found that the Master Business List needs to be modernized with respect to new vehicular technology.

Staff proposes text amendments to the City of Oakland Park Land Development Code as follows: 

1. Amend the list of permitted, conditional and prohibited uses in the Master Business List as follows:

• Add and amend the principal and accessory uses of "Electric Vehicle Charging Station/Unit" to recognize the evolution of automobile technology.  
• Add Air Mobility Station as a conditional use in all zones.
• Amend animal boarding/kennels as a conditional use in the B-1, B-2, B-3, and I-1 zones.
• Prohibit "Auto repair minor" in the B-1 zone and amend it from permitted to conditional in the B-2 zone. Add reference to supplemental regulation 12 in all zones regarding operational requirements, which regulates Auto body and fender repair; Auto repair major and minor.
• "Auto tires - new" is amended from a permitted use in the B-1 and B-2 zone to conditional use.  Add reference to supplemental regulation 12 in all zones regarding operational requirements. 
• Propose a reference to supplemental regulation 12 in all zones regarding operational requirements for "Auto tires - used".
• Amend "Automobile, RV, boat & trailer storage (no semi-trailer trucks)" to be an accessory use rather than a permitted use in the I-1 zone to clarify that this use is accessory to a principal use contained within a building.
• Create a new use for convenience stores with and without a vehicle fueling station.
• Create a new use for "Dollar Stores" and permit as a conditional use in only the B-1 and B-2 zone.
• Create a new use "Drive through window" and make it a conditional use in all zones except the NB zone.
• Create the new use "embalming, human"
• Create two new uses to separate store-front funeral homes from stand alone funeral homes and classify store front funeral homes as a conditional use in all zones except NB, I-1, FHOD, and PRD.
• Create the new use "propane tank exchange" and regulate strictly as an accessory use for clarification purposes.
• Render outdoor storage a conditional use.
• Other minor text changes for clarification.

2. Amend the supplemental regulations to add new restrictions for vehicle fueling stations and outdoor display:

• Due to the blight caused by poorly maintained vehicle fueling stations and the proliferation of same in the City staff proposes to add a 1,000 foot distance separation requirement for new vehicle fueling stations.  This regulation will add "grandfathering" language to permit existing vehicle fueling stations that do not meet the separation requirements to be maintained and improved to alleviate the effects of the nonconformity.
• Add regulations for outdoor display that are intended to encourage sidewalk sales rather than permanent outdoor display of merchandise.
• Add regulations for outdoor storage, and clarify that outdoor storage is only permitted as an accessory use.
• Other minor text changes for clarification.

3. Amend the definitions included within the Master Business List:

• Amend/add the definitions of "electric vehicle charging station/unit" to recognize the evolution of automobile technology.  
• Add a definition for animal rescue and animal shelter.
• Add a definition for convenience store and dollar store.
• Other minor text changes for clarification.