HomeMy WebLinkAboutO-2008-009 Art. 29 Site Plan Administrative Appeal ORDINANCE NO. 2008-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING SECTION 8-4
(ENTITLED "SITE PLAN AS CONDITION TO BUILDING PERMIT") OF
THE CITY CODE OF ORDINANCES TO ADD CONDITIONS APPLICABLE
TO THE EXPIRATION OF SITE PLAN APPROVALS AND TO CHANGE
THE SPATIAL REQUIREMENTS FOR BUILDING ADDITIONS WHICH
ARE EXEMPT FROM SITE PLAN REVIEW; AMENDING SECTIONS 10.12
("SPECIAL EXCEPTIONS"), 10.13 ("VARIANCES") AND 10.30
("APPEALS") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF
ORDINANCES TO ADD CONDITIONS APPLICABLE TO THE
EXPIRATION OF SPECIAL EXCEPTIONS, VARIANCES AND APPEALS;
CREATING ARTICLE IV-B OF CHAPTER 33, KNOWN AS THE "ZONING
APPENDIX" OF THE CODE OF ORDINANCES, TO GRANT AUTHORITY
TO THE PLANNING AND ZONING BOARD TO APPROVE VARIANCES
PERTAINING TO SINGLE-FAMILY HOMES (EXCLUDING MARINE-
RELATED STRUCTURES) AND TO APPROVE BUILDING ADDITIONS
SUBJECT TO CERTAIN RESTRICTIONS, AND PROVIDING FOR
EXPIRATION OF APPROVALS OF VARIANCES, SPECIAL EXCEPTIONS,
APPEALS AND SITE PLANS, AS WELL AS EXTENSIONS OF THE
FOREGOING SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR
CONFLICTS; 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 Section 8-4 of the City Code of Ordinances, which Section is entitled
"Site plan as condition to building permit" is amended to read as follows:
Sec. 8-4. Site plan as condition to building permit.
A site plan shall be required as a condition to the issuance of a building permit. The application
for site plan approval shall be accompanied by a survey and land use plan depicting site
utilization. The site plan shall be drawn to scale and shall indicate the following sufficiently for
consideration of visual, safety and economic factors:
• • •
(p) That in addition to the site plan specifications stated above, the elevations of all sides of all
structures located on the plan must be shown with enough specificity to give the reviewing
parties a clear illustration of all structures and landscaping appearing on the plan. Any substantial
changes or deviations of the plans must be approved by the city commission. All site plan
approvals shall automatically expire and become null and void unless the applicant files a
complete building permits application and submits complete contractor drawings obtained er are en
or within twelve (12) months from the date of approvals of the plan by the city
commission and the applicant obtains a building permit (including payment of all fees) within
eighteen (18) months of such approval. The City Commission may grant an extension if the
applicant submits the extension request within thirteen (13) months of the date of city
commission approval (thirty-six (36) months for single family homes) and the applicant can
demonstrate good cause for the delay. Good cause may include but shall not be limited to, delay
caused by governmental action or inaction or other factors totally beyond the control of the
applicant. Any request for extension of site plan approval before its expiration date will be
treated and processed as a site plan amendment. Any request to review a site plan approval
which has expired will be treated and processed as an appeal to the city commission.
Furthermore, any such approval shall automatically expire if the affected property is sold and
may only be revived if approved by the city commission.
(q) All applications for site plan approval shall first be reviewed by the planning and zoning
board and the city commission; and
(r) The following buildings shall be exempt from site plan review:
(1) Single-family;and
(2) Additions which do not exceed five >,..�0)one thousand(1000) square feet in area.
Section 2. That Section 10.12, "Special Exception" of Chapter 28, "Zoning", of the
City Code Ordinances is amended to read as follows:
10.12. SPECIAL EXCEPTIONS.
• • •
(i) Expiration of special exception use approvals. All special exception approvals shall expire
unless: eighteen (18) months fellowing the date of eity eernfflission appfeval unless an), building
permit pufstiant te the South Florida Building Code has been issued te the appheant for an
of a development approved as a speeial exceptien use and werk tinder the building pefmit
eammenee,7 if a building p .]h b ebta e of rk has eemmeneed, then the
appfeval shall expife tinless an e�Etensien ef time has been obtained. An extensian ef tirne
be graRW by the eity eefafnission when all applicable building, zoning and engine
regulations Femain the saffle and geed eause faf the delay has been shown by the appheant. Geed
where an applieant has requested an extension during !he effeefive period of the spe i
exeeption appreval. if afty applicable building, zeni Fegulations have been
2 ORDINANCE 42008-009
ehanged during the eighteen manih period, then !he proposed develepfneflt shall be Feviewed
only to the extent that the ehanges affeet the proposed aeyelep ffient After the eighteen ffienth
revoked fe«any « . the work fails to p
r,...,..v ..,.,, ..r....... ...... ....., building r.....,.,a .s,.,...,.w ,va „� auovr
for a peried of six (6) .nenths then the approval shall eXpire and,
arde« to proceed fw4her, an
extP. ...n of time shall be obtained by the vau a, his vahea uge a v, 1eone.(1) the applicant submits a building permit application and construction drawings within
twelve (12) months of City Commission approval, and
(2) the applicant obtains a building permit (including payment of all fees) within eighteen
(18) months of City Commission approval.
The City Commission may grant an extension if the applicant submits the extension request
within thirteen (13) months of the date of City Commission approval (thirty-six (36) months for
single family homes) and the applicant can demonstrate good cause for the delay. Good cause
may include, but shall not be limited to, delay caused by governmental action or inaction or other
factors totally beyond the control of the applicant.
• • •
Section 3. That Section 10.13, "Variance" of Chapter 28, "Zoning" of the City Code
of Ordinances is amended to read as follows:
• • •
(f) That the grant of the variance will be in harmony with the general intent and purpose of this
chapter, and that such variance will not be injurious to the area involved or otherwise detrimental
to the public welfare.
In granting any variance, the city commission may prescribe appropriate conditions and
safeguards in conformity with this chapter. Violation of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
chapter. The city commission may prescribe a reasonable time limit within which the action for
which the variance is required shall be begun or completed or both; provided, however, unless
otherwise prescribed by the Citv Commission, a variance shall expire unless:
(1) the applicant submits a building permit application and construction drawings within
twelve (12) months of City Commission approval, and
(2) the applicant obtains a building permit (including payment of all fees) within eighteen
(18) months of city commission approval.
The City Commission may grant an extension if the applicant submits the extension request
within thirteen (13) months of the date of City Commission approval (thirty-six (36) months for
single family homes) and the applicant can demonstrate good cause for the delay. Good cause
3 ORDINANCE #2008-009
may include, but shall not be limited to, delay caused by governmental action or inaction or other
factors totally beyond the control of the applicant.
ne fifne limit for safne shall exeeed one year ffefn the date sueh vafianee is gFanted and appr
by the eity eefnfnissien, unless said ene year limit is e�aended by the eity eefwflissien a
writien applieation fbf stieh extension is filed with the building and izening departmen! by4he
aff-eeted paFty. Under no circumstances, except as permitted above, shall the eCity eCommission
grant a variance to permit a use not generally or by special exception permitted in the zoning
district involved or any use expressly or by implication prohibited by the terms of this chapter in
the zoning district. No nonconforming use of neighboring lands, structures or buildings in the
same zoning district and no permitted use of lands, structures or buildings in other zoning
districts shall be considered grounds for the authorization of a variance.
Section 4. That Section 10.30, "Appeals", of Chapter 28, "Zoning" of the City Code
of Ordinances is amended to read as follows:
10.30. Appeals.
10.32. HEARING PROCEDURE.
(e) Relief granted pursuant to an appeal shall expire unless:
(1) the applicant submits a building permit application and construction drawings within twelve
(12) months of City Commission approval, and
(2) the applicant obtains a building permit (including payment of all fees) within eighteen (18)
months of City Commission approval.
The City Commission may grant an extension if the applicant submits the extension request
within thirteen (13) months of the date of City Commission approval (36 months for single
family homes) and the applicant can demonstrate good cause for the delay. Good cause may
include but shall not be limited to, delay caused by governmental action or inaction or other
factors totally beyond the control of the applicant.
Section 5. That Article IV-B of Chapter 33, which is known as the "Zoning
Appendix" of the City Code of Ordinances, is created to read as follows:
Article IV-B. Review Procedures.
4 ORDINANCE #2008-009
Section 33-130. Planning and Zoning Board Approvals.
a. The Planning and Zoning Board shall have the following authority:
1. To grant variances associated with single-family homes excluding variances
related to marine structures, such as but not limited to boat slips, docks and mooring structures.
If a request for a variance is denied, the applicant may appeal the matter to the City Commission.
2. To approve building additions which meet the following conditions:
(1) The building addition shall not exceed 25% of the gross floor area of the
existing building or 2,500 sq. ft., whichever is less.
(2) The building addition does not require a waiver, appeal, variance, or
special exception.
(3) The building permit application is not located in a TOD or TOC zoning
district.
The applicant may appeal the determination of the planning and zoning board to
the City Commission.
Section 33-131. Expiration and extensions of site plans, special exceptions, variances and
appeals.
All variances, special exceptions, appeals and site plans shall expire unless:
(1) the applicant files a complete building permit application and complete construction
drawings within twelve (12) months of City Commission or Planning and Zoning Board,
approval, as applicable, and
(2) the applicant obtains a building permit (including payment of all fees) within eighteen
(18) months of City Commission or Planning and Zoning Board approval, as applicable.
The City Commission or Planning and Zoning Board, as applicable, may grant an extension if
the applicant submits the extension request within thirteen (13) months of the date of City
Commission approval (thirty-six (36) months for single family homes) and the applicant can
demonstrate good cause for the delay. Good cause may include, but shall not be limited to, delay
caused by governmental action or inaction or other factors totally beyond the control of the
applicant.
5 ORDINANCE#2008-009
Section 6. 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 7. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 8. That this Ordinance shall take effect immediately at the time of its
passage.
PASSED on first reading on March 11, 2008.
PASSED AND ADOPTED on second reading on March 25, 2008.
ALBERT C. JONES
MAYOR—COMMISS ONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM A � CORRECTNESS:
By:
fff
THOM S J)ANSbRO
CITY ATTORNEY
6 ORDINANCE 42008-009