A. Purpose
The purpose of a Zoning Use Certificate is to ensure that any development consisting of merely a change in use complies with the standards in this Code.
B. Applicability
A Zoning Use Certificate is required for any person to operate or engage in any use (which includes business, profession or occupation) within the city limits. A new Zoning Use Certificate is required for any change in use, additional use, change in location, change in ownership, and/or change in business name. A Zoning Use Certificate is required prior to the issuance of a Business Tax Receipt.
C. Zoning Use Certificate Procedure
1. Step 1: Pre-Application Meeting
Not Applicable.
2. Step 2: Neighborhood Meeting
Not applicable.
3. Step 3: Application Submittal and Acceptance
Applicable (See Section 155.2303.).
4. Step 4: Staff Review and Action
Applicable to a final decision by the Development Services Director (See Section 155.2304.).
5. Step 5: Public Hearing Scheduling and Notice
Not applicable.
6. Step 6: Advisory Body Review and Recommendation
Not applicable.
7. Step 7: Decision-Making Body Review and Decision
Not applicable.
D. Zoning Use Certificate Review Standards
A Zoning Use Certificate shall be approved only on a finding that there is competent substantial evidence in the record that the new use, as proposed:
1. complies with all applicable standards of this Code, Florida Building Code and Florida Fire Prevention Code;
2. does not constitute an unsafe structure or a fire hazard as defined in Sections 116.2.1.1 - 116.2.1.3 of Chapter 1, Broward County Administrative Provisions for The Florida Building Code, as amended from time to time;
3. does not constitute a hazard or pose immediate danger to the occupants as determined by the Fire Chief in accordance with Section 95.01(C) of this Code, as amended from time to time;
5. is not located at a premises which constitutes a Chronic Nuisance Property as defined in Section 132.38 of the city’s Code of Ordinances.
E. Effect of Approval
A Business Tax Receipt shall only be issued for the use specified in the approved Zoning Use Certificate. An approved Zoning Use Certificate is only valid for the specific address, business name, corporate name, and type of business for which it was approved.
F. Expiration
A Zoning Use Certificate shall automatically expire if a Business Tax Receipt is not obtained within 60 days after the date of approval. A Zoning Use Certificate may be revoked in accordance with Section 155.8402.B.2, Revocation of Zoning Use Certificate.
G. Appeal
A party aggrieved by the decision rendered by the Development Services Director may appeal the decision to the ZBA in accordance with the procedures in Section 155.2424, Appeal.
H. Revocation
A Zoning Use Certificate may be revoked in accordance with the procedures in Section 155.8402.B.2, Revocation of Zoning Use Certificate. A Zoning Use Certificate that has been revoked nullifies the accompanying Business Tax Receipt.