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P.H. 2020-56: (PUBLIC HEARING 2ND READING)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, AMENDING CHAPTER 155, “ZONING CODE,” OF THE CITY OF POMPANO BEACH CODE OF ORDINANCES BY AMENDING SECTION 155.5203., “LANDSCAPING,” TO PROVIDE FOR COMPLIANCE WITH APPROVED LANDSCAPE PLAN; BY AMENDING SECTION 155.7502., “APPLICABILITY,” TO REMOVE REQUIREMENTS TO UPGRADE EXTERIOR FOR INTERIOR RENOVATIONS ONLY; BY DELETING SECTION 155.7504., “INTERIOR AND EXTERIOR REMODELING OF STRUCTURES,” IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: APRIL 28, 2020
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(Staff Contact: Jennifer Gomez/David Recor)
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Summary Explanation/Background:
Article 7, Part 5 of the city’s zoning code addresses “nonconforming site features.” This section provides a means whereby the city can require certain nonconforming site features (i.e. landscaping, parking, screening, and lighting) to be brought into compliance with the zoning code when properties undergo either interior remodeling projects or when additions are constructed. The requirement for properties to come into compliance with landscape codes for interior remodels was added during a Comprehensive Code rewrite in 2012. Over the years, staff has received input from both owners and the development community that the requirement for exterior upgrades during interior renovation projects was adding significant unanticipated extra costs. The concern was that it necessitated the additional step of having to hire landscape and other design professionals to both design and upgrade the exterior of the property when they were otherwise only improving the interior.
The proposed text amendment removes the requirement to upgrade the exterior of the property for interior renovations only. This text amendment attempts to modify a zoning regulation that could create a potential barrier to reinvestment into existing buildings. The text amendment also strives to remove a potential barrier that could result in property owners completing interior work without permits.
The requirements to upgrade the nonconforming site features will still be required with all additions greater than 15%. This text amendment extends this requirement to duplex - four family dwellings, which were previously exempted. The text amendment also adds the requirement that all properties going for Minor or Major Site Plan approval demonstrate compliance with the approved Landscape Plan on file. These additional text provisions help ensure those properties that are making exterior changes to their properties are also addressing and improving the existing site features. These amendments were unanimously recommended for approval at the February 26, 2020 Planning & Zoning Board meeting.
Origin of request for this action: Development Services
Fiscal impact and source of funding: N/A
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RStrategic Plan Initiative
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2019 Strategic Plan - Action Agenda - High Priority - Landscape Amendments
2019 Strategic Plan - Action Agenda - “Applicability Related” Amendments