HomeMy WebLinkAboutO-2022-002 Comprehensive Plan Amendment (LU-087-21) to Create Element 11, Property Rights ElementORDINANCE NO. 2022-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PURSUANT TO FLORIDA STATUTE SECTIONS
163.3184, 163.3161(10) AND 187.101(3), THE CITY AMENDS ITS
COMPREHENSIVE PLAN, TO CREATE ELEMENT 11, ENTITLED
"PROPERTY RIGHTS ELEMENT;" PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach adopted its Comprehensive Plan, which plan
provides for the 20 year vision of the future for the City, and includes such elements as Future
Land Use Element, Capital Improvements Element, Water Supply Element, etc.; and
WHEREAS, the Florida Legislature passed Senate Bill 496, which was signed into law
by the Governor, at Law of Florida 2021-195, which law amended Florida Statute Section
163.3167, and became effective on July 1, 2021; and
WHEREAS, the new law requires that governmental entities respect judicially
acknowledged and constitutionally protected private property rights, and requires that each local
government "shall include in its comprehensive plan a property rights element to ensure that
private property rights are considered in local decision making;" and
WHEREAS, additionally, the local government may adopt its own property rights
element or use the following statement of rights:
and,
The following rights shall be considered in local decision making:
1. The right of a property owner to physically possess and control his or her
interests in the property, including easements, leases, or mineral rights.
2. The right of a property owner to use, maintain, develop, and improve his or
her property for personal use or the use of any other person, subject to state law
and local ordinances.
3. The right of a property owner to privacy and to exclude others from the
property to protect the owner's possessions and property.
4. The right of a property owner to dispose of his or her property through sale
or gift.
WHEREAS, the City seeks to amend its Comprehensive Plan to add the Property Rights
Element, consistent with state law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City of Dania Beach's Comprehensive Plan is amended to read as
follows:
CITY OF DANIA BEACH
COMPREHENSIVE PLAN
ELEMENT11
PROPERTY RIGHTS ELEMENT
1. PURPOSE
The p=ose of the Prol2e]:Iy Rights Element is to respect judicially acknowledged and
constitutionally protected private propeqy rights. The local government shall include in its
coMprehensive plan a propelly rights element to ensure that private prope!!Y rights are
considered in local decision making.
This Element has been prepared to satisfy requirements as set forth in Chapter 163.316100)
and 187.101(3). F.S.
11. GOALS, OBJECTIVES, AND POLICIES
GOAL - To meet th-e requirements of Chapter 163.3167, as amended, to require a
Property rights element.
Objective I — Private Property Rights
To ensure that judicially acknowledged and constitutionally protected private propegy rights
continue to be respected and considered in local decision -making.
Policy 1.1 The Cijy will continue to respect the judicially acknowledged and
constitutionally protected right of a pro]2eqy owner to physically possess
and control their interests in the provegy, including easements, leases, or
mineral rights.
Policy 1.2 The Cijy will continue to respect the judicially acknowledged and
constitutionally protected right of a propgty owner to use, maintain
develop, and improve their proper!y for personal use or for the use of gny
other person, subject to state law and local ordinances.
ORDINANCE #2022-002
Policy 1.3 The Cily will continue to respect the judicially acknowledged and
constitutionally protected right of the prope!:1y owner to privacy and to
exclude others from their propelly to protect the owner's possessions and
propegy.
Policy 1.4 The Cily will continue to respect the judicially acknowledged and
constitutionally protected right of a propelly owner to dispose of their
propeqy through sale or gift.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on December 14, 202 1.
PASSED AND ADOPTED on second reading on March 22, 2022.
ATTEST:
-Al W-
TAMA-RA J
NOR
APPROVED AS TO FORM AND CORRECTNESS:
ORDINANCE #2022-002