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ZONING BOARD OF APPEALS
Meeting Date: MARCH 20, 2025
title
MAJOR TEMPORARY USE - JEM LOBL LLC
projectinfo
Request: Major Temporary Use
P&Z# 25-15000001
Owner: JEM LOBL LLC
Project Location: 1126 Dr. Martin Luther King Jr. Blvd
Folio Number: 484234001030
Land Use Designation: I (Industrial)
Zoning District: I-1 (General Industrial)
Agent: Erica Sullivan
Project Planner: Scott Reale
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Summary:
The Applicant Landowner is seeking a Major Temporary Use Permit to be exempt from the provisions of Chapter 155: Article 4 [Use Standards] and Article 5 [Development Standards] of the Pompano Beach Zoning Code. The permit would allow for the temporary use of a portion of the property for outdoor storage without requiring full compliance with the applicable use and development standards outlined in the code.
The property is located in the Northwest CRA, on the south side of Dr. Martin Luther King Jr. Blvd, between I-95 and Andrews Avenue.
PROPERTY INFORMATION AND STAFF ANALYSIS
1. The subject property currently has an open code violation (Case #24-09005938) related to the unpermitted storage of commercial trucks and roll-off containers.
2. The site was previously used as a natural gas refueling station and motor vehicle repair service station, but it has not had an active Business Tax Receipt (BTR) for the past few years.
3. The applicant’s narrative and conceptual site plan propose utilizing the eastern half of the property, behind an existing fence, for temporary outdoor storage for up to one year, pending the sale of the property.
4. Outdoor Storage as a principal use in the I-1 zoning district requires a Special Exception. Additionally, because the property is located along a major corridor, superior perimeter landscaping and buffering would be required. If the Major Temporary Use Permit is granted, the property would be temporarily exempt from strict compliance with many of the outdoor storage screening standards for up to one year. During this time, the applicant is expected to seek the necessary approvals to formalize the use. Redevelopment of the property would likely require platting, site plan approval, and possibly a Special Exception, depending on the intended future use.
5. The applicant has indicated that the area behind the fence is rented to a third party for storage. However, no Business Tax Receipt has been obtained for the storage operation.
LAND USE PATTERNS
Subject property (Zoning District | Existing Use):
• I-1 | unpermitted outdoor storage
Surrounding Properties (Zoning District | Existing Use):
• North: I-1 | towing, truck repair, trucking service
• South: I-1 | equipment rental, Pompano State Farmers’ Market
• East: I-1 | internet sales, electronics
• West: I-1 | Pompano State Farmers’ Market
TEMPORARY USE PERMIT REVIEW STANDARDS
A Temporary Use Permit shall be approved only on a finding that the temporary use as proposed:
1. Is on its face temporary in nature;
2. Is in harmony with the spirit and intent of this Code;
3. Is not detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare;
4. Does not have substantial adverse effects or noise impacts on any adjoining permanent uses or nearby residential neighborhoods;
5. Is compatible with any principal uses on the site;
6. Is located on a site containing sufficient land area to allow the temporary use and associated structures, and accommodate any associated parking and traffic movement, without disturbing environmentally sensitive lands; and
7. Complies with all applicable use-specific standards in Section 155.4403.
Staff Conditions:
Should the Board determine the applicant has provided competent, substantial evidence to satisfy the seven Major Temporary Use Permit review standards, staff requests the following conditions be included as part of the Order:
1. The applicant must obtain all necessary governmental approvals and permits.
2. The applicant must comply substantially with the conceptual site plan submitted with this application. Outdoor storage shall be limited strictly to the area depicted in the conceptual site plan.
3. The applicant shall submit a Site Plan application prior to the expiration of the Major Temporary Use Permit.
4. Gravel surfaces are not permitted for vehicular use areas or storage. All such areas must be constructed with a hard, dustless, and bonded surface material.
5. The height of the materials and equipment stored shall not exceed the height of the screening fence.
6. The applicant must address and resolve all outstanding code violations (Case #24-09005938).
7. The applicant must obtain a Business Tax Receipt for the outdoor storage use.