Pompano
Beach DAO Executive Summary
Table
of Contents (April 2009)
Part 1: Introduction
Project Description and Schedule; Report Organization; Context
Part 2a: Code Diagnosis
Increase User-Friendliness; Improve Procedural Efficiency; Modernize Zoning
Districts and Implement Comprehensive Plan Goals
Part 2b: Code Diagnosis
Improve Development Quality and Protect Neighborhoods; Encourage Revitalization,
Redevelopment, and Infill; Incorporate sustainable Development Practices
Part 3: Zoning Map Diagnosis
Areas of Stability; Areas of Change; Future Land Use Map Consistency
Part 4: Annotated Outline
Article l: Generation Provisions; Article 2: Administration; Article 3: Zoning
Districts; Article 4: Use Standards; Article 5: Intensity and Dimensional
Standards; Article 6: Development Standards; Article 7: Nonconformities
Article 8: Enforcement; Article 9: Definitions and Interpretation
Part 5: Appendices
Current Development Review Structure; Comprehensive Plan Evaluation Matrix;
Analysis of Current Land Development Regulations;
Use Table Comparison; Zoning District Summary Example
Maps
Areas of Stability and Change
Stability
Obsolescence / Transition
Obsolescence / Transition with Emerging Character
Market / Zoning Mismatch
Vulnerable to Conversion
Coastal Transition
Areas of Stability and Change with Flexibility Zones
Zoning Frequently Asked Questions:
Q:
What is a variance and how do I get one?
A:
A variance is relief
from a particular code requirement, such as a building setback. Depending
on the request, a variance application can be quite involved, requiring
the assistance of an attorney with expertise in zoning and land use
matters. More simple requests are frequently handled by a property owner
or architect. In order for the Zoning Board of Appeals to grant a
variance, the applicant must show the following:
There are unusual circumstances affecting the
property.
The applicant did not cause these unusual circumstances to exist.
These unusual circumstances are depriving the
applicant of reasonable use of the property.
The request is the minimum request which will allow
reasonable use of the property.
Applications
are available in Room 316.
Q: What’s so special about a
special exception?
A: In a particular zoning district there are permitted uses – uses of
property to which a property owner is entitled as a right; prohibited uses – uses
which are deemed to be incompatible with neighboring properties and special
exception uses – uses which may be okay, but need a closer look. In order to have a
special exception approved you are required to show: that there is a need for your proposed use at your proposed location and;
the use will be operated in a way that does not cause a negative impact on
surrounding properties. (It’s actually a little more complicated than
that, and it is advisable to be represented by an experienced attorney.)
Q: What does my grandfather have to do with any thing?
A: One of the more frequently tossed around terms in any zoning
discussion is “grandfathered”, although you can search any zoning code and
probably not find that word anywhere in the book. so what does
grandfathered mean? The correct terminology is “legal nonconforming use”,
or “legal nonconforming structure”. A legal nonconforming use is a use of
property which began at a time when the zoning regulations permitted that
particular activity, but were eventually changed so that use was no longer
allowed under the code. For example, a used car business was started back
in 1960 at a location where the zoning regulations did not distinguish
between new and used car sales. If in 1980, the law changed to prohibit
used car sales, no additional used car businesses are allowed in the area,
however the pre-existing used car businesses are “grandfathered” and are
allowed to remain in business.
