title
P.H. 2016-100: (PUBLIC HEARING 2ND READING)
AN ORDINANCE AMENDING CHAPTER 155, "ZONING CODE," OF THE CODE OF ORDINANCES OF THE CITY OF POMPANO BEACH, FLORIDA, BY AMENDING SECTION 155.2308, "POST DECISION ACTIONS AND LIMITATIONS," TO TOLL THE RUNNING OF THE EXPIRATION TIME PERIOD FOR ANY DEVELOPMENT ORDER DURING THE TIME PERIOD THE SUBJECT PROPERTY IS UTILIZED BY A GOVERNMENT ENTITY FOR A PUBLIC PURPOSE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
FIRST READING: OCTOBER 10, 2016
staffcontact
(Staff Contact: Karen Friedman/Robin Bird)
summary
Summary Explanation/Background:
(Note for 2nd Reading - Per a motion passed at the October 10, 2016 City Commission hearing, this item has been modified in order to require City Commission approval of the tolling request. The attached Staff Report explains the modification.) The Zoning Code includes provisions which allow for the extension of the expiration period of most development orders by either the Development Services Director or the applicable Advisory Board. Sufficient grounds for the extension must be demonstrated, including that reasonable efforts were made to apply for a Building Permit and/or the delay resulted from an "Act of God" or extreme economic conditions of the market. The Zoning Code does not, however, address extensions that may be needed as result of the use of the land by a government entity for a public purpose. In these situations Staff recommends the expiration time period for any valid development order to be equitably tolled (aka suspended) for the time period the land was used by the government for the public purpose, with a maximum tolling of five years. The rationale for the five year limitation is that is the effective period for an Interim Use permit. The text amendments were recommended at the September 28, 2016 Planning and Zoning Board meeting (a copy of the draft minutes from the P&Z Board hearing are attached).
Origin of request for this ...
Click here for full text