(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 98-91 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.

(3)

A certificate of use may be transferred to a new owner when the use(s) of the property remain 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, all existing businesses, professions, and occupations requiring a certificate of use as of the effective date of the ordinance shall make an application at the same time as their business tax receipt is renewed prior to October 1, 2012. 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.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)

(a)

Procedures for issuance. No certificate of use shall be issued or granted to any business, profession, or occupation unless:

(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)

The director of the planning and development services department or designee has verified compliance with all applicable laws and regulations and has collected all applicable fees due to the city.

(b)

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.

(c)

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.

(d)

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)

The applicant has failed to disclose or has misrepresented a material fact or any information required by this article in the application;

(2)

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;

(3)

The applicant has failed to obtain a certificate of occupancy;

(4)

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 law 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 98-161(g).

(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 98-116 of the Land Development Code.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)

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 and enforcement procedures and/or any other remedies as permitted by law.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)

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.

(Ord. No. 2012/032, § 2, 9-4-12)

(a)

Revocation. The director of the planning and development services department ("director") is granted the authority and charged with the duty to revoke a certificate of use. A certificate of use issued pursuant to this article may be revoked, 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;

(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 .

(1)

Notice. Upon determining that grounds exist for revocation, the director shall issue a written notice of intent to revoke the certificate of use, (the "notice"). The notice shall set forth the grounds for revocation, the corrections necessary for compliance, and the certificate holder's right to request an administrative appeal hearing in front of the city special master, by submitting a written appeal request to the city within 30 calendar days of the notice.

(2)

Cure period. The 30 calendar days provided for in the notice shall be considered a warning period during which the noticed certificate holder may come into compliance as required herein ("cure period"). The certificate holder shall be required to provide written notice of compliance to the director and contact the city to arrange for an inspection by the city to verify compliance within the required cure period. The certificate holder shall permit the city to inspect the premises to determine if compliance has been achieved. Until confirmation of compliance occurs, the certificate holder shall be deemed in violation of this section. If compliance is achieved within the cure period, the director shall void the revocation proceeding and provide a written determination confirming compliance. Any pending appeal shall be deemed dismissed upon the director's issuance of the written compliance determination.

(3)

Revocation. If a request for an appeal hearing is not timely filed, and if compliance has not been confirmed by the city within the cure period, the director shall issue a revocation order and the certificate of use shall be revoked.

(4)

Effect of appeal requests. 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 it is determined by the director that the grounds for denial represent an immediate threat to the health, safety, and/or welfare of the public. A written determination of such threat with the basis for the determination shall be provided to the certificate holder.

(c)

Scheduling and conduct of hearing.

(1)

Appeal requests. A certificate holder that receives a notice may request an administrative appeal hearing to appeal the pending revocation by submitting a written appeal request to the director within 30 calendar days of service of the notice of revocation. The hearing shall be conducted by the special master in accordance with the procedures of section 98-116 of the Land Development Code.

(2)

If an appeal is filed and the special master finds that any violations have not been cured within the cure period, or that the certificate holder refused to allow the city to inspect the premises to determine if compliance was achieved, the special master shall issue a revocation order. Upon revocation, the certificate holder shall immediately cease doing business in any location listed in the revocation order.

(d)

Reinstatement. The certificate holder may request reinstatement of the certificate of use upon providing written notice of compliance to the director and contacting the city to arrange for an inspection to permit the city to confirm compliance. The city shall inspect the premises within 10 business days of the application for reinstatement and render a written determination within five business days of the inspection. If compliance is confirmed by the city, and no other code violations are found, the certificate of use shall be reinstated upon payment of an administrative fee of $250.00 to the city. If the city denies reinstatement, the City shall issue a written denial setting forth the reasons for denial. An appeal may be filed by the certificate holder pursuant to the procedures set forth in Section 98-116(d) of the City Code. During the pendency of the appeal, the certificate holder shall cease doing business in any location listed in the order of revocation.

(e)

Repeat revocations. If a certificate holder's certificate of use is revoked within 18 months after a prior revocation and reinstatement, the certificate holder shall be prohibited from seeking reinstatement for a period of 60 days thereafter.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)

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.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)

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, or continues use of property after revocation or suspension of a certificate of use or a finding of an immediate threat to the public health, safety and welfare shall be subject to enforcement and penalties 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 in Chapter 2, Article VI of the Code of Ordinances. The owner of the property as well as the operator of the business where the use is occurring shall be jointly and severally liable for violations of this article.

(Ord. No. 2012/032, § 2, 9-4-12; Ord. No. 2018/032, § 2, 10-16-18)