HomeMy WebLinkAboutO-2007-021 ZIP Permit & Development Orders ORDINANCE NO. 2007-021
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY
AMENDING SECTION 9.24.1, ENTITLED "REVIEW OF PERMITS AND
DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS,"
TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS,
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 9.24.1 of Chapter 28 "Zoning" of the Code of Ordinances of the
City of Dania Beach, Florida provides for a "zoning in progress" procedure that freezes the
review of certain development orders and permits during the time the City Commission is
considering either a text amendment to the City land development regulations or a change of
zoning district; and
WHEREAS, the City Commission desires to clarify when the application of the zoning
in progress begins; and
WHEREAS, the City Commission finds that this Ordinance is consistent with the City's
adopted Comprehensive Plan and necessary for the preservation of the public health, safety and
welfare of the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Section 9.24.1 of Chapter 28 "Zoning" of the Code of Ordinances of
the City of Dania Beach, Florida, is amended to read as follows:
9.24.1. 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) noti e Has been give as required By-law of the initial publie hearing
be€ere the planning and zoning board has held its initial public hearing 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 dDirector of ^..,.wth . ementCommunity Development 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
hashave 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 (3) months
by resolution of the city commission where the public interest requires.
Where the property owner requests a postponement or other delay of an application, such period
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, as amended, 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 the provisions of this Ordinance are repealed.
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 take effect immediately at the time of its passage
and adoption.
PASSED on first reading on August 28, 2007.
PASSED AND ADOPTED on second reading on September 11, 2007.
2 ORDINANCE#2007-021
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BOB A TO
MAYOR-C MMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO AND CORRECTNESS:
BY:
THOMASJ. AN RO
CITY ATTORNEY
3 ORDINANCE#2007-021