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Home My WebLink AboutO-1975-072 i J ' !i i I ORDINANCE NO, 72 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, ADOPTING SECTION33-28OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA PROVIDING FOR BUILDING MORATORIUM PROCEDURES; PRO- VIDING AN EFFECTIVE DATE, WHEREAS, the City of Dania, Florida has made ex- tensive efforts to protect its' environment by studying the need for extensive rezoning through out the City, which study and im- plementation is estimated to take 120 days during which time it j is deemed necessary to protect the city from the possibility of harmful construction taking place during the 120 day period. j jj NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Jn Section 1: That the Code of Ordinances of the City of Dania, Florida is hereby amended by adding Section 33-28 there i to which reads as follows : 'I "Section 33-28 BUILDING MORATORIUM; PROCEDURES FOR ESTABLISHMENT THEREOF, (a) Whenever it shall appear to the City •' Commission that it is in the public interest to make a com- prehensive determination as to whether existing zoning dis- tricts and regulations applying to a portion of the area of 1 the City are appropriate, and it further appears to the Commission that the said existing zoning districts and regu- i' ' lations may be detrimental to the said area, using the cri- teria set forth in paragraph (b) hereof, should they con- tinue to remain applicable and building permits be issued ii predicated thereon, the City Commission shall by resolution 3 after public hearing delineate the area in question and pro-� hibits the issuance of any building permits therein. II o I; t x � N � , I ii i (b) At the public hearing, the City Commissioners ; shall inquire into the propriety of a building moratorium. The Commission' s determination shall be predicated upon the I! i reasonable necessity for a detailed comprehensive analysis :i of the area in question and the II q probability of detriment to i the character of the area by the continued application of the existing zoning districts and regulations, taking into faccount the following criteria: the existence of overcrowd I ed and deficient schools ; insufficient parks , open space and , i i� recreational facilities; congested streets and thoroughfares if limited availability and deficiency of public transportation; �I I � facilities ; polluted air and/or water supplies ; inadequate waste water collection and/or treatment ; excessive noise levels; improper land use distribution; inadequate or mar- . I i ginal utility services; or any other factor which has a dele« terious effect on the quality of life of the residents of the area. I I i (c) Should the City Commission determine that a ji building moratorium is reasonably necessary, it shall, by resolution, order the same and direct that no building per- j; mits be issued within the affected area. The Commission's i �I order shall fix a time within which the City Manager shall I; !! report back to the Commission with his recommendations re- if lating to appropriate zoning districts and regulations for j the affected area. The said time limitation shall be a rea-I sonable one, predicated upon the time needed for a compre- hensive analysis of the area. it (d) Should the City Manager be unable to report I Ii back to the Commission within the time prescribed by its i if moratorium order, upon timely request by the City Manager I and after public hearing on the need therefor, the Commi- ssion may reasonably extend the time limitation, !i (e) Upon notification by the City Manager that he is prepared to submit his recommendations relating to all or 'j part of the affected area, the City Commission shall call a !I public hearing thereon at the earliest practicable time. After said public hearing, the Commission shall make its if determination as to whether the zoning districts and regu- it lations shall remain the same or shall be changed. Should j the Commission determine that the zoning districts and regu- lations shall remain the same, it shall immediately issue its order terminating part or all of the building moratorium', Should the Commission determine that the applicable zoning jdistricts and regulations should be changed, or new districts a !� or regulations created therefor, it shall issue its order i continuing the building moratorium and shall immediately { initiate the actions required elsewhere within the City Code! for such changes . I I if (f) Upon the completion of all zoning district I changes relating to the affected area, the Commission shall ii issue its order terminating the building moratorium. l (g) Notwithstanding the issuance of any morator- ium. order, the City Manager may authorize the issuance of it , building permits for non-deleterious items including, but Ij not limited to, additions to existing residential structures] Ij fences, repairs and like matters, where he determines that II such permit will not affect the outcome of the planning study, I i f 1 (h) During the existence of any building Mora- torium no applications for variances, special exceptions or zoning district chan es g , within the affected area, shall be enacted upon by any city agency, except the Cit as Provided by y as in its moratorium resolution, M During the existence of the moratorium the City Commission after public hearing may grant waivers to the moratorium based on a finding that such w be detremental to the aiver shall not area using the criteria set forth as in (b) hereof. ;I 'I (J) If a building;r g permit has been issued for any proposed building, structure, or other improvement in an IIi area of the City that is subsequently placed under j a Mor- atorium 3 pursuant to the terms of this article, and no i actual construction or , substantial land scarification has I 1! been initiated I" Prior to the establishment of the said mor- atorium b Y the City Commission said permit shall be re- voked at It once and any permit fees i paid to the City, pursuant' j; to said permit i , shall be refunded in full, unless the I I ' buildingsaid - permit comes within the terms of 'i hereofon paragraph (g) !, Section 2 ; That all sections or i; parts of sections of the Code of Municipal Ordinances, all ordinances or ordi nance parts of s, and all resolutions or parts of resolutions in con- flict herewith, be and the same � ; are hereby repealed to the ex- tent of such conflict, Section 3 ; - --.__ That this ordinance shall be in full force and effect immediately upon its passage and adoption, I j i c • II j; PASSED and ADOPTED on First Reading this 70, day of Juty , 1975, PASSED and ADOPTED on Second Reading this 21st day of July , 1975. I Mayor-Commissioner Attest : ii i > L.- �I City Clerk-Auditor j it II f , j j H I f II j