HomeMy WebLinkAboutO-2021-019 Amending Sec. 811-60 Public Art Program by Amending List of Entities that can Request Exemption from Payment or from ComplianceORDINANCE NO. 2021-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED "LAND
DEVELOPMENT CODE," PART 8, ENTITLED "TECHNICAL APPENDIX", AT
ARTICLE 8, ENTITLED "PUBLIC ART PROGRAM, TO AMEND SECTION
811-60, ENTITLED "APPLICABILITY," BY AMENDING THE LIST OF
ENTITIES THAT CAN REQUEST AN EXEMPTION FROM PAYMENT OF THE
PUBLIC ART FEE OR EXEMPTION FROM COMPLIANCE WITH THE
ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 10, 2019, the City adopted its Public Art Program; and
WHEREAS, recently the City has received several requests for exemption from the public
art program; and
WHEREAS, the City desires to amend the list of exemptions applicable to waivers of
requests from application of the ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "VMEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 28 of the City Code of Ordinances, which Chapter is entitled
"Land Development Code," Part 8, Entitled "Technical Appendix", Article 8, entitled "Public Art
Program, Section 811-60, entitled "Applicability," related to the list of entities that can seek
exemption from the requirements of the Program is amended to read as follows:
Sec. 811-60. - Applicability.
(A) This Article applies to all development projects, as defined in section 811-20 of this article.
(B) The City Commission may exempt from the public art programi a
0) project that consists of the reconstruction or replacement of buildings or structures
which have been damaged by fire, flood, wind, or other natural disaster.
(2) Sehools.
(3) Chwehes or- plaees of worship.
(4) Aff-er-dable housing and pr-ejeets r-eeei ..ie development gr-an4s or- ineentive-s.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on June 22, 202 1.
PASSED AND ADOPTED on second reading on August 24, 202 1.
ATTEST:
S SCHNEIDER, C 7
CITY CLERK
APPROVED A, ORM AN
THOMAS J.,NNSB
CITY ATTORNEY
JTAMARAJ
MAYOR
2 ORDINANCE #2021-019