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Home My WebLink AboutO-2003-045 Authority to withhold permits and licenses zoning in progress ORDINANCE NO. 2003-045 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY AND EXPAND THE ZONING MATTERS SUBJECT TO THE PROCEDURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances of the City of Dania Beach, "Zoning" is amended by amending Section 9.24.1, "Authority to Withhold Permits and Licenses; Zoning in Progress" of Article 9 "Administration and Enforcement" to repeal the existing text and replace it to read as follows: Section 9.24.L REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS. During the period of time that the City Commission is considering either a text amendment to the City Land Development Regulations or a change of zoning district, no permit(s) or development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property should the text amendment or zoning district change be finally enacted by the City Commission. 1. The period of time of such freeze on permits shall begin on the earlier of (1) publication of a notice of a public hearing before the city commission to consider a resolution declaring zoning in progress or (2) notice has been given as required by law of the initial public hearing before the planning and zoning board on the text amendment or zoning district change. 2. This Section shall not apply if(a) the application for a permit or development order has been reviewed by the Director of Growth Management who determines that its issuance would not result in the nonconforming or unlawful use of property if such proposed change had been adopted and in effect, and (b) not more than three months has passed since filing of a complete application for the permit or development order. The three month zoning in progress period may be extended for up to an additional three months by resolution of the city commission where the public interest requires. 1 ORDINANCE NO. 2003- 045 Where the property owner requests a postponement or other delay of an application, such tperiod of delay shall not count against the zoning in progress period. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. 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 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on November 25, 2003. PASSED AND ADOPTED on second reading on December 8, 2003. APPROVED: OA N MAYO -COMMISSIONER 6ATTEV: COMMISSIONER CHUNN-YES CHARLENE O SON COMMISSIONER FLURY - YES CITY CLERK COMMISSIONER MIKES - YES VICE MAYOR MCELYEA - YES MAYOR ANTON - YES APPROVED A TO ORM AND CORRECTNESS: THOMA J. R CITY ATTORNEY • 2 ORDINANCE NO. 2003- 045 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: DECEMBER 8,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — "ZONING IN PROGRESS" (2ND READING) 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA -ADOPT ORDINANCE —2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: PROPOSED TEXT AMENDMENT INTENDED TO UPDATE THE CURRENT ZONING CODE, LAST ADOPTED IN 1976. . 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their November 19, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds,AICP, Director Date November 26, 2003 Community Development Department City Manager Date CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: December 8, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: "Zoning in Progress" Zoning Code Text Amendment (SECOND READING) APPLICANT: Community Development Department Staff is preparing several text amendments intended to update the current zoning code, originally adopted in 1976. These amendments will be submitted to the P and Z Board and City Commission over the next several months. At the same time, site plans continue to pour into the Community Development Department. In some instances, developer-initiated site plans and staff-initiated • text amendments move through the public hearing process simultaneously. When this occurs, developers argue that they should not be subject to the pending zoning regulations which might affect their project. To subject newly submitted site plans to pending zoning regulations (before the text changes are approved by the City Commission) staff has requested the city attorney prepare a Zoning in Progress ("ZIP") city code amendment. The objective of ZIP is to require pending zoning code amendments apply to site plans currently in process. CITY COMMISSION PREVIOUS ACTION On November 25, 2003 the City Commission approved the text amendment on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On November 19, 2003 the Planning and Zoning Advisory Board recommended approval of this text amendment. STAFF RECOMMENDATION • Approval. LIA CITY OF DANIA BEACH ZONIRft3"Aa9ENDAliENTS NOTICE IS HEREBY GIVEN that a public hearing.will be held before the City Commissiomof'the City of Dana Beach'on December 8,2003"at 7;00 p.m.,or as soon thereafter as posslble;•in'the:0anta Beach City Com missldnRoorn,AdministrativeCenter 100We' Dania Beach Blvd:,Dame Beachc;'FJprida 3300d;for the pur= pose of considering adoption on 2nd:and final ea In of pro used tent c angel to the DI�n18 Beach Code Ordin ncas ag follows Revis[pna td'.Zplling,)ft P,rM$reSe. ANORDINA &OF THE CITY OF DANIA BEACH #LQRIDA PERTAI ING,TO ZONING,AMEN41ft3 CHAp1ER 28"ZONING' E 9. ADMINISTRATIf►1 f, AN ENFORCE lAEPAT SECTION 9.24;1r.'AUTIiQ TO ITHHOLDPERMITS`ANO LI CENSES-ZONING,IN.PROGRESS OF,:THE CODEOF OR= DINANCESTOALTERTHERR, EDUREFORDECLARING AND ENF,ORCING'ZONING IN PROGRESS WITHIN THE CITY ANIMEXRA140 THE'ZONI'G MATTERS SUBJECT TO THE pROCEOURE,PROVIDIN41 FOR'%CONFLICTS;`PRO- VIDING A SAVINGS CLAUSE PROVIDING FOR'S.EVERA*: BIl1T`F FURTH, . PROVIDING FOR AN EFFECTIVE DATE'.' Revisions to ParlY Impact F9es "9N,ORDINANCE OF THE CITY QF DANIA BEACH FLORIDA;PERTAINING T DEDiCAT10N OP LAND AND FEES IN LIEU THEREOF FOR PARKS.OPEN SPACif:AND RECREATION,;AMENDING j CgAPTEq 19'PL4NNING AND DEVELOPMENT'ARTICLE VI 'DEDICATION OF LAND.F.OR PARKS, OBEN SPACE AN 'RECREATION AREAS+SECTIONS19.71 ANp 19,72 OF THE CODE OF ORDINANCES;TO PROVIDE FOR DED1-i CATION OF'LAND'OR FEE L IN LIEU THEREOF,WHEN A BUILDING PERMIT FOR''A.RESIDENTIAL UNIT IS RE- QUIR90.:PROVIDING FOR CONFLICTS;,PROVIDING A'. SAVINGS 'CLAUSE; ,PROVIDING" FOR SEVERABILITY; FURTHER,PROVIDING FCI t AN EFFCCTIyE DATE. L. ReVislcihs t0 Slggnn Coda=-AN ORDINANCE;AMENDING CHAPTER 28;ZONING OF THE'CODE OF ORDINANCES • OF THE`CITY of DANIA BEACH;FLORIDA,BY AMEND- ING ARTICLE1'DEFINITIONS'AND ARTICLE 28'SIGNS' TO,REVISE,AND UPDATE;THE,CITY SIGN REGULA- TIONS; PROVIDING FWCONF.LICTS; PROVIDING FOR SEVERABILITY;,FURTHER,PROVIDING FOR AII,EFFEC- TIVE QATH Principal Arterial Design Regulations-AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA,AMENDING CHAPTER.28'"ZONING,.",ARTICLE 6"SUPPLEMENTARY USE REGULATIONS; SECTION 6:60'"MISCELLANEOUS USES;"SUBSECTION 6:64"PRINCIPAL ARTERIAL COM- MERCIAL DESIGN STANDARDS OVERLAY"OF THE CITY CODE OF ORDINANCES;TO MODIFY THE THRESHOLD FOR COMPLIANCE WITH THE STANDARDS;PROVIDING FOR CONFLICTS;.PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE'. Copies of the proposed changes are available for viewing In the Department of Community Develop- ment,100 West Dania Beach Blvd.,Dania Beach,Flori- da between the hours.of.8:00 a.m. and 4:00 p.m., Monday Friday please call'(954)924-36,45 for more information. Interested parties may appear at the public hearing and be heard with respect to the pro- posed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proca dinggss should contact Charlene John- son, Cf Clerk, 100 W. Dania Beach Blvd, Dania Beach, L 33004,.(954)924.3622,at least 48 hours prior to meeting. Any parson who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceed- ings is made, which record includes'the testimony and evidence upon which the appeal"is to based: LOU Ann Cunningham Pl6nning Assoclata November 28,2003 . •