HomeMy WebLinkAboutO-2010-023 Amending Section 810-30 Impact Fee Definitions i
ORDINANCE NO. 2010-023
AN ORDINANCE AMENDING ARTICLE 810, "IMPACT FEES" OF THE
LAND DEVELOPMENT CODE OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING SECTION 810-30, ENTITLED "DEFINITIONS"
TO MODIFY DEFINITIONS OF THE TERMS "FEEPAYER" AND "NEW
DEVELOPMENT" TO EXCLUDE BUILDINGS OWNED BY THE CITY
FROM PAYMENT OF IMPACT FEES; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article 810, "Impact Fees" of the Land Development Code of the City of
Dania Beach, Florida provides definitions for "Feepayer" and "New Development" for the
purposes of the imposition of impact fees on new development within the City; and
WHEREAS, the City Commission desires to modify impact fee requirements to exempt
new development of buildings that are owned by the City from the payment of impact fees; and
WHEREAS, the City Commission finds that this Ordinance is reasonably 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 Article 810, "Impact Fees" of the Land Development Code of the
City of Dania Beach, Florida, is amended to read as follows:
Sec. 810-30. Definitions.
For the purpose of this article, certain terms and words are defined. Additionally, words used in
the present tense shall include the future; the singular number shall include the plural, and the
plural the singular:
Feepayer shall mean any person, firm, or corporation intending to commence new development
and, during the life of the development, applies for the issuance of a building permit, except that
the applicant for a building_permit for a City-owned building shall be excluded.
New development shall mean the carrying out of any building activity or the making of any
material change in the use or appearance of any building or structure or land, which results in an
additional impact or demand on fire and rescue, police, and administrative facilities, except that
City-owned buildings shall be excluded.
Section 2. That, except as amended above, all other provisions of Article 810 of the
Land Development Code 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 October 12, 2010.
PASSED AND ADOPTED on second reading on October 26, 2010.
C. K. McELYE
QPRo'$ FIST MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO AND CORRECTNESS:
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THOMAS J. A)4SBkkO
CITY ATTOItNEY
2 ORDINANCE#2010-023