Staff recommends approval of the ordinance amending the Conditional Use provisions to provide for the sunsetting of such approvals when the uses cease operations.

On May 2, 2017, the Town Council of the Town of Miami Lakes directed the Town Manager to explore provisions addressing the disposition of conditional uses that have ceased operations, and to return, if possible, with an amendment to the Land Development Code (LDC) that allows such conditional use approvals to expire once they cease to operate for a specified period of time. The principal concern is whether conditions within the neighborhood may have changed to point where the original approval is no longer in harmony with the original approval of a Conditional Use that ceased operations. The question at hand in such a situation is, should the reestablishment of the Conditional Use require a new zoning application, and/or should these approvals sunset after the use has ceased for a period of time. The proposed amendment would codify the conditions under which such approvals would expire. This provision also provides for the sunsetting of nonconforming conditional uses that have ceased operation. Language is also provided to clarify the appropriate procedure for the addition, expansion, or intensification of a nonconforming Conditional Uses. Those application will require Conditional Use review.Finally, language is provided to provide for administrative adjustments to Conditional Uses where it is deemed such changes comply with Code and any impact is minor.