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Home My WebLink AboutO-2000-023 _ ORDINANCE NO. 2000-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING ARTICLE 9 OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING", BY CREATING SECTION 9.24.1 OF THE CODE OF ORDINANCES OF THE CITY, SUCH SECTION TO BE ENTITLED "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS"; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the City Code of Ordinances, which Chapter is entitled "Zoning", is amended to create Section 9.24.1 to read as follows: Section 9.24.1 AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS. • When a change of text of the zoning code or City zoning and local development ordinances relating specifically to residential densities and permitted land uses or a change of zoning district classification is being considered by the city, no building permit or development order shall be issued by the city for a period of time not to exceed six months after notice of public hearing before the City Commission for such change has been published, where the issuance of such permit or development order would result in the nonconforming or unlawful use of property if such proposed change had been adopted and in effect; provided, however, that if final action by the City Commission is not taken on the proposed change within six months from the date of such publication, the permit or development order shall be issued if it is consistent with existing permitted land uses or zoning district requirements and it is otherwise proper to issue it. 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all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such cow ict. 1 ORDINANCE NO. 2000-023 Section 4.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 be in force and take effect immediately upon its passage and adoption. Section 6. This ordinance shall not apply to the pending adoption of revisions to the City of Dania Beach's Industrial/Research/Office/Marine ("IROM") district regulations, Industrial/Research/Office/Commercial ("IROC") district regulations or both districts' regulations, which are presently scheduled for review by the Planning and Zoning Board, at its June 28, 2000, Special Meeting nor the existing industrial moratorium ordinance, nor any future ordinances which may extend the existing industrial moratorium or which may create one or more new moratoria, until after their respective final adoptions, expirations or both. PASSED AND ADOPTED on first reading on June 13, 2000. PASSED AND ADOPTED on co ading on June 27, 2 00. Ol K. McELYEA MAYOR - COMMISSIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES VICE-MAYOR BERTINO- YES SHERYL CHAPMAN COMMISSIONER ETLING - YES COMMISSIONER MIKES- YES ACTING CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: TH AS . A BRO CITY ATTORNEY 2 ORDINANCE NO. 2000-023 STAFF REPORT GROWTH MANAGEMENT DEPARTMENT TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP, Director Growth Management RE: "Zoning in Progress" Text Change DATE: June 8, 2000 (June 13, 2000 City Commission Meeting) APPLICANT: City Commission A "zoning in progress" provision allows staff to enforce a pending zoning map or zoning text change before the City Commission grants final approval at second reading. Staff recommends the ordinance specifically define what specific event "triggers" staffs authority to enforce the pending zoning change. Be it a "public hearing" or "publication of an advertisement", the triggering event should clear and identifiable such that it is not subject to interpretation or discussion. RECOMMENDATION Approval, subject to the above. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. ZONING IN PROGRESSOOt.doc CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING ZONING TEXT AMENDMENT IA The City of Dania Beach proposes to adopt and discuss an ordinance adding to the City of Dania Beach Zoning Code Chapter 28, Zoning, Article 9.24.1 Authority To Withhold Permits And Licenses; Zoning In Progress". A public hearing will be held on the proposed ordinance on the following date: 2n1 Public Hearing by the Dania Beach City Commission, Tuesday, June 27, 2000, at 7:30 pm, in the Commission Chambers at the Dania Administrative Center, 100 West Dania Beach Blvd., Dania Beach. The title of the proposed ordinance reads as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING ARTICLE 9 OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING", BY CREATING SECTION 9.24.1 OF THE CODE OF ORDINANCES OF THE CITY, SUCH SECTION TO BE ENTITLED "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS"; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinance as well as the current and proposed zoning maps, are available for viewing and purchase in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday, (954) 924-3645. Interested parties may appear at the public hearing and be heard with respect to the proposed ordinance. • Any person who decides to appeal any decision made by the Planning and Zoning Board and City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Publish : June 19, 2000 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. o 1. DATE OF COMMISSION MEETING: 06/27/00 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—2ND READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: Zoning in Progress—see staff report 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): ORDINANCE STAFF MEMORANDUM PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: • Planning and Zoning Advisory Board Approved request at the May 17, 2000 meeting Submitted by: Laurence G. Leeds, AICP, Director Date 06/20/00 Growth Management Department City Manager Date • .ya 44 yH°9O � qc 4 � � lab 3a FF, P