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File #: PO-2015-10    Version: Name: Lawful Nonconforming Use
Type: Ordinance Status: Passed
File created: 4/29/2015 In control: Regular City Commission Meeting
On agenda: 6/17/2015 Final action: 6/17/2015
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)
Attachments: 1. Ordinance LAWFULNONCONFORMINGSIXMONTHS.pdf, 2. Attachment.pdf
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...

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