CITY OF DEERFIELD BEACH Request for City Commission Agenda

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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: September 4, 2012 Contact Person: Gerald R. Ferguson, Director of Planning & Development Services Description: Amendment to the City of Deerfield Beach Land Development Code establishing the process for the issuance and enforcement of Certificates of Use as described in the attached memorandum. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST X Ordinance Resolution Consent Agenda Agenda Item Type Presentation Written Request Public Hearing X Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: krk 8/7/12 Signature Date

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6 ORDINANCE NO. 2012/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION 98-3 PROVIDING FOR A DEFINITION OF CERTIFICATE OF USE; CREATING SECTIONS THROUGH PROVIDING FOR CERTIFICATES OF USE; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE WHEREAS, wishes to create a mechanism to provide for the issuance and enforcement of certificates of use; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Section 98-3 of the Land Development Code is hereby amended as follows: 98-3 Definitions For the purpose of enforcing and administering this Code, the following words shall have the definition and meanings (and regulations related thereto) as herein set forth. Certificate of use means a document issued by the Director of the Department of Planning and Development Services or his or her designee confirming that the proposed use(s) is/are consistent with the terms of the adopted Comprehensive Plan, Future Land Use Designation, Zoning and Land Development Regulations and any other applicable codes and state laws. Church means a building devoted to the activities of an organization whose purpose is the practice of a religion and is eligible for status under 501(c) of the regulations of the Internal Revenue Code and shall include all uses as defined under the term "house of worship." House of worship means a building or portion thereof used as a place wherein persons regularly assemble for the sole purpose of religious worship, including but not limited to sanctuaries, temples, mosques, chapels and cathedrals, and where permitted, such other on-site buildings supporting the principal use such as parsonages, friaries, convents, fellowship halls, non-academic religious schools such as Sunday schools, but Deleted portions struck through; added portions underlined 1

7 not including day care centers, community recreation facilities and private primary and or secondary educational facilities. SECTION 2. The Land Development Code is hereby amended by adding Article IX Certificates of Use, Sections through as follows: ARTICLE IX CERTIFICATES OF USE Sec Certificate of use permit requirements. (a) Generally. This article is intended to protect the city's residents from the harmful effects of illegal business operations by establishing a certificate of use requirement, which shall provide a review procedure to ensure that new business occupancies and uses, and changes of existing business occupancies and uses, comply with the City's Land Development Code, Code of Ordinances, building code and life safety requirements, and other applicable codes and regulations. The Director of the Planning and Development Services Department shall administer the certificate of use program. (b) Certificate of use required. No building, location, or structure used for the purpose of exercising the privilege of doing business within the city limits shall be used or occupied for any business, profession or occupation without first obtaining a certificate of use pursuant to this article. For purposes of this article, businesses, professions or occupations which are subject to the requirement for a business tax receipt pursuant to Chapter 38 of the Code of Ordinances shall be subject to the certificate of use requirement. For the purposes of this Article, houses of worship shall be required to obtain a certificate of use permit including day care centers, community recreation facilities and private primary and or secondary educational facilities affiliated with the house of worship. Home occupations, as defined in Section of the Land Development Code, shall not be required to obtain a certificate of use. (c) Requirements. A separate certificate of use shall be obtained for each place of business. It shall be the duty of every person owning, operating, or purchasing any business within the city limits to comply with the requirements of this Article prior to opening any business, profession, or occupation within any building, structure, or location within the city. (d) Term of certificate of use and transfer. (1) Once issued, a certificate of use shall remain valid until there is a change of the use or business location from that specified on the approved certificate of use. (2) When there is a change of the use or business location from that specified on the approved certificate of use, a new certificate of use application shall be required. Deleted portions struck through; added portions underlined 2

8 (3) A certificate of use may be transferred to a new owner when the use(s) of the property remain(s) unchanged and there has been a bona-fide sale of the property upon payment of a transfer fee to be established by resolution of the City Commission and presentation of the original certificate of use and evidence of sale is submitted to the Planning and Development Services Department. (e) Payment of certificate of use fee. Payment of the certificate of use fee shall be required prior to issuance of the certificate of use. The Planning and Development Services Department shall collect the certificate of use fee, which shall be as provided in the city s adopted fee schedule. (f) Existing businesses; effective date. All existing businesses, professions, and occupations requiring a certificate of use, which hold a valid business tax receipt as of the effective date of the ordinance from which this article is derived and are operating in compliance with all provisions of the City of Deerfield Beach Land Development Code shall be considered to have an active certificate of use. However, for all existing businesses, professions, and occupations requiring a certificate of use as of the effective date of the ordinance, the certificate of use shall be required concurrent with the annual fire inspection. Nothing contained in this article shall prohibit the revocation of a certificate of use for existing businesses which fail to make application within the time period as required herein or which otherwise fail to comply with this article. Nothing set forth above shall be deemed to authorize the continuation of any business not in compliance with all applicable laws and regulations of the City of Deerfield Beach or other governmental authority with jurisdiction. (g) Inspections. Any person applying for or obtaining a certificate of use shall be subject to an inspection of the place of business to ensure compliance with all zoning regulations, life safety code requirements, and all applicable local and state regulations. For the purpose of enforcing the provisions of this article, inspectors designated by the Director or designee of the Planning and Development Services Department shall have the right of inspection, provided that said inspection shall be reasonable and scheduled at the convenience of the applicant or certificate holder and the inspector. Failure to permit inspection of the premises shall be grounds for denial of an application for a certificate of use or revocation of an existing certificate of use. Sec Application procedures. (a) Procedures for issuance. No certificate of use shall be issued or granted to any business, profession, or occupation unless: Deleted portions struck through; added portions underlined 3

9 (1) An application is filed with the Director of the Planning and Development Services Department or designee on forms provided for that purpose; (2) The Director of the Planning and Development Services Department or designee has reviewed and approved the zoning use classification; and (3) There has been a site inspection of the applicant's premises to confirm the site is consistent with Land Development Regulations, Code of Ordinances, building code, life safety requirements and other applicable codes and regulations; (4) The Director of the Planning and Development Services Department or designee has verified compliance with all applicable City of Deerfield Beach laws and regulations and has collected all applicable fees due to the city. (b) (c) (d) In the event there is a question as to the legality of a use, the Planning and Development Services Director or designee, as appropriate, may require affidavits and such other information he/she may deem appropriate or necessary to establish the legality of the use, before a certificate of use shall be issued. Obtaining a certificate of occupancy prior to issuance of certificate of use. All businesses required to obtain a certificate of occupancy pursuant to the Code of Ordinances must do so prior to the issuance of a certificate of use. Grounds for denial. The Director of the Planning and Development Services Department or designee, as appropriate, shall have the authority to deny an application for a certificate of use on the following grounds: (1) That the applicant has failed to disclose or has misrepresented a material fact or any information required by this article in the application; (2) That the applicant desiring to engage in the business, profession, or occupation, as described in the application, has selected a proposed site or type of business activity which does not comply with the City's Land Development Code, Code of Ordinances, or Comprehensive Plan; (3) That the applicant has failed to obtain a certificate of occupancy, if required; (4) That the certificate of occupancy for the proposed location has been denied, suspended or revoked for any reason; (5) The issuance of a certificate of use is based on the applicant's compliance with specific provisions of federal, state, city or county ordinance, Deleted portions struck through; added portions underlined 4

10 with respect to the specific use, and the applicant has violated such specific provisions; (6) The applicant has violated any provision of the Code of Ordinances or Land Development Code, and has failed or refused to cease or correct the violation within 30 days after notification thereof; (7) The applicant is delinquent in the payment of the applicable certificate of use fee, or is delinquent on any code compliance lien, special assessment lien and/or any other debt, fee, or obligation due to the city; (8) The applicant has been denied a business tax receipt, or the applicant's business tax receipt has been revoked within the last 12 months; or (9) The applicant failed to permit inspection by the city as required by Section (a)(2). (e) Any person whose application has been denied as provided herein shall have the right to appeal to the special master in accordance with the procedures of Section of the Land Development Code. Sec Display of certificate. Each certificate of use issued by the city shall be displayed conspicuously at the place of business and in such a manner as to be viewable to the public and subject to the inspection of all duly authorized officers of the city. Failure to display the certificate in the manner provided for in this section shall subject the owner/operator to applicable code compliance procedures and/or any other remedies as permitted by law. Sec Lost or stolen certificates; issuance of duplicate. A duplicate certificate of use shall be issued by the Director of the Planning and Development Services Department or designee, as appropriate, to replace any valid and duly issued certificate which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the certificate holder. A duplication fee shall be charged for each duplicate certificate. Sec Revocation of certificate of use; enforcement. The Director of the Planning and Development Services Department is granted the authority and charged with the duty to revoke or suspend any certificate of use as follows: Deleted portions struck through; added portions underlined 5

11 (a) A certificate of use issued pursuant to this article may be revoked, suspended on the following grounds: (1) The certificate holder has failed to disclose or has misrepresented a material fact or information required by this article in the application; (2) The certificate holder does not engage in the use described in the application or has changed the use without authorization through approval of a new certificate for the changed use, as required herein; (3) The certificate of occupancy for the location has been denied, suspended or revoked for any reason; (4) In the event of a conviction of any owner, operator, manager, supervisor, or any employee acting at the direction or with the knowledge of the owner, operator, manager, or supervisor, by a court of competent jurisdiction, for the violation of any criminal statute committed in conjunction with the business operation; (5) The certificate holder has violated any provision of this article and has failed or refused to cease or correct the violation after notification thereof or within the time period provided for in the notice of violation; (6) The holder of the certificate of use, or the holder's designated manager, operator, or supervisor, refuses to permit an authorized law enforcement officer or code enforcement officer to inspect the premises during normal business hours for the purpose of investigating a complaint which has been filed against the business operation. (b) Procedure for revocation or suspension. (1) The Director of the Planning and Development Services Department or designee shall issue a written notice of intent to revoke and/or suspend the certificate of use, which shall set forth the grounds upon which the notice is issued, the corrections necessary for compliance, and the certificate holder's right to request an administrative hearing in front of the city special master, and that said appeal must be taken within 30 calendar days of the service of said notice. (2) The 30 calendar days shall be considered a warning period during which the noticed certificate holder may come into compliance as required herein. If compliance is achieved within said warning period the Director of the Planning and Development Services Department or designee shall void the revocation proceeding and the certificate holder shall dismiss any pending appeal. Deleted portions struck through; added portions underlined 6

12 (3) The notice shall be sent certified mail, return receipt requested, to the address provided in the application or the last known address of the applicant. Alternate service for a business may be made by delivery of the notice of hearing to the place of business and/or posting such notice thereon. (4) The request for an administrative appeal hearing before the special master to appeal the revocation notice shall stay any revocation action, and the certificate of use shall remain in effect unless, within the sole discretion of the department, it is determined that the grounds for denial represent an immediate threat to the health, safety, and/or welfare of the public. (c) Scheduling and conduct of hearing. (1) At any time prior to the expiration of 30 days following the service of the notice of intent to revoke and/or suspend the certificate of use, the certificate holder may request, in writing, an administrative appeal hearing on the basis that he/she wishes to appeal the pending revocation notice. The hearing shall be conducted by the special master in accordance with the procedures of Section of the Land Development Code. (2) Upon the expiration of 30 days following the service of the notice of intent to revoke and/or suspend the certificate of use, and no such appeal having been filed, or upon the affirmation of the administrative revocation decision pursuant to the hearing before the special master, the certificate of use shall be revoked and no new certificate of use shall be issued. Upon revocation, the certificate holder shall immediately cease doing business in any location listed therein. Sec Additional violations. It shall be unlawful for a property owner to allow by lease, license, grant or other written or oral agreement, the use of any real property for the operation of a business without a valid and current certificate of use. Sec Penalty provisions. Any person, firm, landlord, tenant, corporation, for profit or non-profit entity which commences the use of any property before receiving a certificate of use from the Planning and Development Services Department as required by this Article shall be subject to enforcement pursuant to Section 1-15 of this Code or the City may also enforce the provisions of this Article through the Code Enforcement process set forth within Chapter 2, Article VI of the Code of Ordinances. SECTION 3. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City Code Deleted portions struck through; added portions underlined 7

13 of the City of Deerfield Beach, and that the sections of this ordinance may be renumbered to accomplish such intent. SECTION 4. Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 5. This ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED 1ST READING ON THIS DAY OF, 2012 PASSED 2ND READING ON THIS DAY OF, 2012 ATTEST: PEGGY NOLAND, MAYOR ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deleted portions struck through; added portions underlined 8

14 Development Review Fees (With Proposed Changes) Application Type Plats Plat-Residential Plat-Non-Residential Plat Note/Non-Vehicular Access Line Amendment DRI Fee $1,000 + $40/acre + $10/unit $1,000 + $50/acre $450 Cost Recovery Planned Developments: PUD/PID/TOD PUD/PID/TOD Master Plan < 10 Acres $1,300 + $50/acre PUD/PID/TOD Master Plan > 10 Acres $3,500 + $50/acre PUD/PID/TOD Master Plan Amendment $950 Site Plan Site Plan-Residential $1,600 + $10/unit + $100 Fire Review Fee Site Plan-Non-Residential $1,600 + $20/1,000 GFA + $100 Fire Review Fee Site Plan Modification Major Review $1,500 Site Plan Modification Minor Review w/cab $300 Site Plan Modification Minor Review w/out $200 CAB Site Plan Extension 25% of Site Plan Base Fee Rezoning Rezoning < 10 Acres $1,100 Rezoning > 10 Acres $2,000 Abandonments Abandonment- Public Lands/Right of Way $1,350 Abandonment- Easements $1,350 Land Use Land Use Plan Map Amendment $9,000 Land Use Plan Text Amendment $2,400 Variances Variance-Single Family/Duplex $350 Variance-Multi-Family $550 Variance- Non-Residential $550 Sign Variance $250

15 Conditional Use Conditional Use w/site Plan/Plat/Tech. Dev. $350 Conditional Use w/out Site Plan $500 Technical Deviation Technical Deviation w/site Plan $350 Technical Deviation w/out Site Plan $475 Appeals Appeal of CAB Decision $150 Appeal of Administrative Decision $300 Certificate of Use New Certificate of Use $400 Certificate of Use for Existing Businesses $25 Transfer $25 Duplication Fee $5 Miscellaneous Fees Zoning Certification $60 Alcoholic Beverage License $55 Outdoor Seating Towers/Antennas (See Section of the Land Development Code) *Plus Cost Recovery $200 + $5/seat Minor Review: $750* Major Review: $1,500*