Title
An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning And Land Development Regulations To Reduce The Timeframes For The Re-Establishment Of A Lawful Nonconforming Use; Providing A Severability Clause; And Providing For An Effective Date. (15-T-14)
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
On April 9, 2015 the Planning and Development Board (Board) forwarded a recommendation (6-3) of approval to the City Commission to amend the Zoning and Land Development Regulations to:
- Reduce the length of time to re-establish lawful nonconforming uses by right from six (6) months to three (3) months.
- Reduce the length of time to reestablish uses via a Special Exception from 48 months to 24 months.
Although a recommendation of approval was forwarded to the City Commission, during Board discussion, some board members expressed concern that reducing these timeframes may hamper the ability for nonconforming businesses to be sufficiently marketed prior to losing their legal nonconforming status.
BACKGROUND
At the February 4, 2015 City Commission Meeting, the Commission expressed concerns regarding the effectiveness of Hollywood's' ordinances addressing re-establishment of legal nonconforming uses. As such, the City Commission has requested Staff to initiate a text amendment to reduce the length of time, from six months to three months, to reestablish lawful nonconforming uses by right.
REQUEST
Being a mature, 90 year old City, Hollywood includes several uses, which predate Hollywood's Land Use/Zoning; as many parts of the City were developed prior to this and/or under Broward County Regulations before being annexed into Hollywood.
Currently, the Zoning and Land Development Regulations (Code) have specific provisions regarding the ability to reestablish lawful nonconforming uses by right. A Lawful Nonconforming Use is defined as the use of a structure or premise, existing at the effective date of these regulations [April 6, 1994], or any amendment thereto, for any purpose not permitted as a use in the zoning district in which it is located. The casual, intermittent, temporary or illegal use of structure of premise shall not be sufficient to establish a lawful nonconforming use.
The Code further states if such nonconforming use is discontinued for a period of six months or more, any further use of said building shall be in conformity with the regulations of the applicable zoning district unless otherwise approved by the Planning and Development Board pursuant to division G. of this section within 48 months of the abandonment. A lawful nonconforming use is reestablished by the approval of a Special Exception by the Planning and Development Board.
When Permitted Uses/Special Exception Uses are amended in the Code, it's typically because these uses have been deemed to no longer be appropriate in that specific zoning district. Overtime and depending on market conditions development trends change creating new types of uses, while eliminating and/or reducing others. This natural attrition helps to manage a variety of uses.
However, as the City moves toward a common vision, of increasing citywide property values, occasionally the continuous return of these no longer appropriate uses can impede the City's progress towards its vision. Reducing the length of time for business to automatically re-establish from six months to three months, to reestablish lawful nonconforming uses by right will aid with reducing uses that have been determined to be no longer appropriate.
Additionally, Staff is further recommending reducing the timeframe to re-establish uses via a Special Exception from 48 months to 24 months, as this further reinforces the City moving toward its vision of increasing citywide property values.
Staff researched seven other local cities to compare their regulations to Hollywood's: Ft. Lauderdale, Deerfield, Hallandale Miramar, Davie, Aventura and Miami. Of the seven cities researched, three allow business to re-establish within six months and four allow re-establishment within three months from the close of the subject business. Hollywood is different from the cities researched, as Hollywood has an established timeframe (proposed to be 24 months) and criteria for the re-establishment of uses beyond the initial re-establishment period (proposed to be three months), where the other cities do not. However, the majority of cities researched do allow for appeals of administrative decisions beyond the initial timeframe, typically not requiring criteria. This type of decision making, without criteria, becomes difficult and at times arbitrary and capricious.
BACKGROUND
Applicant: City of Hollywood
Address/Location: City-wide
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed text amendment is inconsistent with the Comprehensive Plan, based upon the following:
Goal: Promote a distribution of land uses that will enhance and improve the residential, business, resort, and natural communities while allowing land owners to maximize the use of their property.
Objective 4: Promote improved architectural and street scape design standards, code enforcement, economic development, neighborhood planning, and public information dissemination to maintain and enhance neighborhoods, businesses and tourist areas.
Objective 5: Encourage appropriate infill, redevelopment in blighted areas throughout the City, and economic development in blighted business and tourist areas.
The proposed text amendment will not affect a property owner's ability to improve and maximize use of their property. However it will further facilitate attrition of certain uses and encourage uses deemed to be more desirable.
CONSISTENCY WITH CITY-WIDE MASTER PLAN
The proposed request is inconsistent with the following policies and guiding principles of the City-Wide Master Plan:
Goal: Promote a distribution of land uses that will enhance and improve the residential, business, resort, and natural communities while allowing land owners to maximize the use of their property.
Guiding Principles:
· Attract and retain businesses that will increase economic opportunities for the City while enhancing the quality of life for residents.
· Promote the highest and best use of land in each sector of the City without compromising the goals of the surrounding community.
Uses are amended in the Code typically because these they have been determined to no longer be appropriate in the specific zoning district; it is very common for these uses to be undesirable. Overtime and depending on market conditions development trends change creating new types of uses while eliminating and/or reducing other uses. As the City moves toward a common vision of increasing citywide property values, occasionally the continuous return of these inappropriate uses can impede the City's vision. The proposed Text is consistent with the City-Wide Master Plan by encouraging the ability to increase economic opportunities and promote the highest and best use without compromising goals of the community.
APPLICABLE CRITERIA:
Analysis of Criteria and Findings for Text Amendments as stated in the City of Hollywood's Zoning and Land Development Regulations.
CRITERIA 1: The proposed change is consistent with and in furtherance of the goals, objectives and policies of the adopted Comprehensive Plan as amended from time to time.
ANALYSIS: The Goal of the Comprehensive Plan is to promote a distribution of land uses that will enhance and improve the residential, business, resort, and natural communities while allowing land owners to maximize the use of their property. The proposed Text Amendment only suggests limiting the length of time available to re-establish of legal nonconforming uses. As such, the proposed amendment is consistent with the goals, objectives and policies of the adopted Comprehensive Plan which encourage the ability to increase economic opportunities and promote the highest and best use without compromising goals of the community.
FINDING: Consistent.
CRITERIA 2: That conditions have substantially changed from the date the present zoning regulations were established.
ANALYSIS: Being a mature, 90 year old City, Hollywood includes several uses, which predate Hollywood's Land Use/Zoning; as many parts of the City were develop prior to this and/or under Broward County Regulations prior to annexation. When Permitted Uses/Special Exception Uses are amended in the Code, it's typically because these uses have been determined to no longer be appropriate in the specific zoning district.
Overtime and depending on market conditions development trends change creating new types of uses while eliminating and/or reducing other uses. This natural attrition helps to manage a variety uses. However, as the City moves toward a common vision of increasing citywide property values, occasionally the continuous return of uses deemed to be undesirable can impede the City's progress moving towards its vision. Reducing the length of time for business to automatically re-establish from six months to three months, to reestablish lawful nonconforming uses by right will aid with reducing uses that have been determined to be no longer appropriate. Additionally, Staff is further recommending reducing the ability to reestablish uses via a Special Exception from 48 months to 24 months.
FINDING: Consistent with the imposition of Staff's recommendation.
RECOMMENDATION:
Staff finds this application consistent with the goals, objectives and policies in both the Comprehensive and City-Wide Master Plans and the Text Amendment Criteria of the Zoning and Land Development Regulations. Therefore, Staff recommends the Planning and Development Board, acting as the Local Planning Agency, forward this petition to the City Commission with the aforementioned conditions.
ATTACHMENTS:
Attachment A: Application Package
Attachment B: Existing Zoning and Land Development Regulations
Recommended for inclusion on the agenda by:
Wazir Ishmael, Ph.D. City Manager
Gus Zambrano, Assistant City Manager/Sustainable Development
Jaye M. Epstein, AICP, Director, Department of Planning