(A)

Generally. This article is intended to protect the city's residents and businesses 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.

(B)

Certificate of use required. As of October 1, 2019, no structure, other than a single-family residence or duplex, shall be used or any existing use modified, as provided herein, or any new use made of any land, body of water, or structure, without first obtaining a certificate of use (C.U.) from the city. Said certificate of use shall be required for each individual business including each multi-family building located within the City of Oakland Park. For purposes of this article, businesses, professions or occupations subject to the requirement for a business tax receipt pursuant to Chapter 7 of the Code of Ordinances, shall be subject to the certificate of use requirement. For the purposes of this article, nonprofit organizations and 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 24-75 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, modification, and transfer.

(1)

Once issued, a certificate of use shall remain valid, until one of the following occurs and a new certificate of use application shall be required:

(a)

There is a change of or addition to the use or business location from that specified on the approved certificate of use; or

(b)

The business location undergoes any repair, reconstruction, rehabilitation, addition or improvement of the building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started.

(2)

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 or establishment 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 Engineering and community development 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 City shall collect the certificate of use fee, which shall be as provided in the city's adopted fee schedule.

(F)

Existing businesses. As of October 1, 2019, all existing businesses, professions, and occupations which hold a valid business tax receipt, as well as, nonprofit organizations and houses of worship as provided in section 24-285(B) shall be considered to have an active certificate of use. Any existing businesses, as of October 1, 2019, shall be required to submit an application for a certificate of use should one of the following occur:

(1)

There is a change of or addition to the use or business location from that specified on the approved certificate of use; or

(2)

The business location undergoes any repair, reconstruction, rehabilitation, addition or improvement of the building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started; or

(3)

Transferred as set forth within this article.

(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 engineering and community development 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. O-2019-017, § 2, 6-19-19)

(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 City of Oakland Park on forms provided for that purpose;

(2)

There has been a site inspection of the applicant's premises;

(3)

The planning and zoning division has reviewed and approved the zoning use classification; and

(4)

The city 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 engineering and community development department 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 and/or change of use prior to issuance of certificate of use. All businesses required to obtain a certificate of occupancy and/or change of use 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 engineering and community development 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;

(3)

That the applicant has failed to obtain a certificate of occupancy and/or change of use;

(4)

That the certificate of occupancy or change of use for the proposed location has been denied, suspended or revoked for any reason;

(5)

Applicant's noncompliance with specific provisions of federal, state, city or county ordinance, with respect to the specific use, and the applicant:

(a)

Fails to obtain said approvals prior to issuance of a certificate of use; or

(b)

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;

(9)

The applicant failed to permit inspection by the city as required by section 24-285(G); or

(10)

Or as otherwise provided in the Code of Ordinances.

(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 24-234 of the Code of Ordinances.

(Ord. No. O-2019-017, § 2, 6-19-19)

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.

(Ord. No. O-2019-017, § 2, 6-19-19)

A duplicate certificate of use shall be issued by the city, 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. O-2019-017, § 2, 6-19-19)

(A)

The following shall be nonexclusive grounds for suspension or revocation of a certificate of use permit:

(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 City building inspector, fire inspector or code 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)

Suspension and Revocation procedure. The procedure for suspension and revocation of a certificate of use permit shall be as follows:

(1)

If at any time the City of Oakland Park determines that the business is operating in any manner in violation of federal, state, county or city law or harmful to the public health, safety or welfare the city may file a notice of violation, through the special master process in the manner provided for by F.S. Ch. 162, and Chapter 24, article XVII, section 24-234 of the Code of Ordinances.

(2)

If a certificate of use permit is revoked the applicant(s) may not apply for another certificate of use permit until one (1) year from the date of the effective date of the revocation, unless the basis for the revocation has been corrected or abated.

(3)

If a certificate of use permit is suspended for a specific period of time, the certificate of use shall remain suspended until the basis for the suspension has been corrected and the suspension period has expired.

(Ord. No. O-2019-017, § 2, 6-19-19)

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. O-2019-017, § 2, 6-19-19)

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 engineering and community development department as required by this article shall be subject to enforcement pursuant to sections 24-217 through 24-220 of this Code or the city may also enforce the provisions of this article through the code enforcement process set forth within chapter 24, article XV1I, section 24-234 of the Code of Ordinances.

(Ord. No. O-2019-017, § 2, 6-19-19)