§ 27-6. Time limits.

(a)

As used within this section, the words "zoning decision" mean final city action on:

(1)

An application for site plan approval, or a modification to a site plan, or a minor adjustment to a site plan;

(2)

An application for a physical development variance to be considered by the board of adjustment;

(3)

A board of adjustment administrative review of an order, requirement, decision, or determination of an administrative official;

(4)

An application for conditional use approval;

(5)

An application for a special public interest zoning district variation;

(6)

An application for a waiver of any of the requirements of this chapter which the regulations of this chapter permit the governing body of the city to make; or,

(7)

An application for a use variance to be considered by the governing body of the city.

The words "zoning decision" do not include an application for a rezoning of property.

(b)

(1) A zoning decision (which is not approved as part of a utilization of flexibility pursuant to chapter 19 of this Code) shall be initially valid for a period of time not to exceed twelve (12) months from the date the decision is made. If the rights granted by the zoning decision are not exercised in the aforesaid twelve-month period of time by an application for a building permit sufficient to meet the requirements of section 302.1 of the South Florida Building Code, the zoning decision shall become null and void. The city council may extend this time period for one (1) additional extension not to exceed six (6) additional months for good cause demonstrated prior to the expiration of the period of initial validity. A zoning decision which is approved as part of a utilization of flexibility pursuant ch. 19 of this Code shall be initially valid for a period of time as set forth in section 19-67(d) of this Code.

(2)

The zoning decision shall also become null and void if, after an application for a building permit sufficient to meet the requirements of Section 302.1 of the South Florida Building Code is made, a building permit is not issued within six (6) months. The city council may extend this time period for one (1) additional extension not to exceed six (6) additional months for good cause demonstrated prior to the expiration of this time period.

(3)

The zoning decision shall become null and void after a building permit is issued when:

a.

If no work has commenced, when the initial permit expires by virtue of the time limits set forth in Section 304.3 of the South Florida Building Code, as amended; or,

b.

If work has commenced under the initial permit or a new Section 304.3(e) permit therefor, when the building official requires that any work which has been commenced or completed be removed from the building site; in the alternative, determines not to issue a subsequent, new permit to complete construction under Section 304.3(e) of the South Florida Building Code.

(4)

A conditional use approval and approved use variance shall become null and void if the use is vacated, abandoned, or discontinued for a period of six (6) months.

(c)

(1) When an application for rezoning of property, a use variance, an application for physical development variance, an application for administrative review of an order, requirement, decision, or determination of an administrative official, or an application for conditional use approval is denied, no further request for a rezoning of property or a similar or the same type of zoning decision shall be considered for a one-year period.

(2)

When an application for a special public interest zoning district variation, site plan approval, modification to site plan approval, or minor adjustment to site plan approval is denied, no further request for a similar or the same type of zoning decision shall be considered for a six-month period.

(3)

Nothing in this subsection shall preclude the city from determining that a future identical or similar zoning decision or rezoning should be denied pursuant to the doctrine of administrative res judicata if a subsequent application is made after the time limits identified above.

(4)

The time periods set forth in this subsection shall not apply if the denial is without prejudice, and all denials shall be deemed with prejudice unless specifically stated otherwise.

(d)

An application for a zoning decision or change in zoning may be withdrawn at any time prior to a vote on a motion before the board of adjustment or city council. If two (2) applications including the same lot of land are withdrawn within six (6) months, no other of such application shall be considered within one (1) year of the withdrawal of the second application. When an application for a zoning decision or change in zoning is instituted by a property owner is denied by a review committee or an advisory board of the city, the application shall not proceed to the next committee or board for review unless the applicant requests same in writing or unless the request is reflected in the minutes of the meeting.

(e)

Nothing in this section shall prevent the board of city council from instituting a change of zoning (i.e., an amendment to the zoning regulations or a rezoning of property) at any time.

(Code 1964, App. A, Art. XVIII, § 3; Ord. No. 1921, § 1, 5-5-93; Ord. No. 1958, §§ 4—6, 9-8-93; Ord. No. 1979, § 1, 4-27-94; Ord. No. 2407, § 3, 4-30-2008)