HomeMy WebLinkAboutO-1973-022.6 F
ORDINANCE NO. 22, 6
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AN ORDINANCE AMENDING PART OF SECTION
32-141, 1971 CODE OF ORDINANCES, CITY
OF DANIA, FLORIDA, TO ELIMINATE TOWN
{ HOUSES AND ROW HOUSES AS TYPES OF
MULTIPLE FAMILY APARTMENT BUILDINGS
WHICH MAY BE CONSTRUCTED ON A PARCEL
ZONED R-APARTMENT ZONING CLASSIFICA-
TION; AND REPEALING AND RESCINDING IN
ITS ENTIRETY ALL OF SECTION 32-142,
1971 CODE OF ORDINANCES, CITY OF DANIA,
FLORIDA, CONCERNING GENERALLY THE CON-
DITIONS PERTAINING TO THE CONSTRUCTION
OF A TOWN HOUSE OR A ROW HOUSE IN AN
AREA ZONED R-APARTMENT ZONING CLASSIFI-
CATION; AND PROVIDING THAT ALL ORDINANCES,
OR PARTS OF ORDINANCES, IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE
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WHEREAS, in 1968 , the city commission of the City of Dania,
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Florida, adopted comprehensive ordinance no. 518 pertaining to a
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new zoning classification known as R-Apartment zoning classification; !`
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and
WHEREAS, under the conditions stated in ordinance no. 518 ,
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town houses and row houses were included among the types of multiple
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family apartment dwellings which might be constructed in R-Apartment
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zoning classification; and i
WHEREAS, ordinance no. 518 has since been codified into the
1971 Code of Ordinances, City of Dania, Florida, in Division 7 of
Chapter 32; and
WHEREAS, the city commission now desires to eliminate town
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houses and row houses as permitted uses in R-Apartment zoning classi-
fication; and
WHEREAS, such elimination shall require an amendment of a part
of Section 32-141, 1971 Code of Ordinances, City of Dania, Florida,
and a complete repeal of Section 32-142 , 1971 Code of Ordinances,
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City of Dania, Florida,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
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CITY OF DANIA, FLORIDA:
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j Section 1. That Section 32-141, 1971 Code of Ordinances be
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} and the same is hereby amended to read, after the affect of the
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within amendment, as follows : j
(1) Generally, only multiple-family
jjj apartment buildings shall be constructed
on parcels which are zoned R-Apartment
I zoning classification.
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j (2) For the purposes of this sub-section,
a "town house" or a "row house" is defined
and intended to mean that type of integral
or self-contained living unit which is at j
least two stories in height and which con- j
tains interior staircases or interior j
stairways so that vertical access may be
i made to and from all of the interior floors, j
or levels, of the apartment unit without the
use of exterior staircases or exterior stair-
ways. A town house or a row house, as i
defined herein, shall not be permitted, or I
allowed to be constructed on, a parcel zoned
. _ R-Apartment zoning classification. `
Section 2. That Section 32-142, 1971 Code of Ordinances, j
City of Dania, Florida, be and the same is hereby rescinded and
repealed in its entirety.
Section 3 . That all ordinances, or parts of ordinances, in
conflict herewith be and the same are hereby repealed to the extent
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of such conflict.
Section v 4. That this ordinance shall be in force and take j
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 19th day of
f February, 1973.
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J PASSED and ADOPTED on Second Reading on the 5th day of March,
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1973.
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PASSED and ADOPTED on Third Reading on the 19th day of March,
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1973.
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Mayor-Commissioner
Attest: j
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ci er -Auffi—tor
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� WALDENAND DUDOW
ATTORNEYS AT LAW
CLARKE WALDEN DANIA, FLORIDA 3300.1
ROBERT E. DUBOW March 26, 1974
(Dictated March 25, 1974)
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Mr. Woodward M. Hampton
City Manager
City of Dania
Dania, Florida 33004
Mrs. Wanda Mullikin
j City Clerk-Auditor
City of Dania
Dania, Florida 33004
Re: Our file number M-146
rOrdinances
? Our file number M-1158
City of Dania - ordinance, amend-
ing R-Apartment zoning classifica-
tion to eliminate town houses I
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Our file number M-1088 f
City Of Dania - chronological list f
of ordinances and resolutions
f Binder notes of regular meeting of
City Commission - February 19, 1973
Binder notes of regular meeting of
City Commission - March 5 , 1973
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Binder notes of regular meeting of
City Commission - March 19, 1973
Dear Mr. Hampton and Mrs. Mullikin:
i� On September 4, 1973, I wrote to Mr. Hampton and delivered
i to him an ordinance (eventually numbered as ordinance number 39)
which was adopted on third and final reading on March 19, 1973 .
_ This is the ordinance that concerns the breakdown into density
classifications for R-3 classification and R-Apartment classifica-
tion.
i This was the situation where Mr. Hampton may have misplaced
the letter (and ordinance) as we wrote Mrs. Mullikin on January 7,
1973, to enclose another copy.
We further wrote you about the matter on March 4, 1974, to
indicate that the history as to the passage of the ordinance may
have been incorrect (as recited in ordinance number 39) as the
ordinance was actually not passed on three readings on March 19,
1973. It was passed on first reading on February 19, 1973, on
second reading on March 5, 1974, and on third reading on March j 19,1973. However, as indicated in the letter, I do not think that the
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recitation of dates is particularly material.
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i We delayed forwarding the ordinance to you as we have the right under the charter to "codify"u Ordinances.
ntil last Sepinmber
early 1973, we were under the impression that the city
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at most any day - would submit other major changes in all aofethe
multi-family ordinances and we did not know whether it would be
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WALDEN AND DUBow
Mr. Woodward M. Hampton
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Mrs. Wanda Mullikin Page Two March 26, 1974
worthwhile to make a complete re-write of the R-Apartment and R-3
ordinances merely to show the breakdown in the density factors.
As a separate ordinance and at the same time (February 19 ,
1973, March 5, 1973, and March 19, 1973) the commission passed an
ordinance eliminating town houses from the R-Apartment classifi-
cation. I believe we delivered the draft of the ordinance to Mr.
Clay a day or so after February 19, 1973 , as it was an extremely
simple ordinance merely making certain changes in the existing
sections of the R-Apartment ordinance to eliminate town houses.
This was at about the time Mr. Clay left the employment by the city
as city clerk-auditor.
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In making an item by item review of the agendas and minutes,
and comparing same with my private notes, I do not see that the
A city has included the ordinance eliminating town houses in its list
of ordinances. However, in reviewing a list furnished to me by Mrs .
Mullikin on December 21, 1973 , concerning a reconciliation of
ordinances, her reference to the ordinance amending the R-Apartment
ordinance (which she shows as having passed on May 19 , 1973) evidently
was intended to refer to the amendment to the R-Apartment ordinance
eliminating town houses, actually passed on third reading on March
9 19, 1973.
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We did not make a separate file regarding an ordinance of
j this type in February, 1973. However, I have currently drafted the
? ordinance to reflect the action of the city commission in the matter
and the current draft is enclosed.
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I have assigned the number, 22. 6, to the ordinance.
I request that Mrs. Mullikin place same in her ordinance file
so that her records will be complete.
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Actually, I think this is another example where the ordinance
will be superseded by the new zoning ordinances which the planners
have finally submitted.
Sincerely yours,
Clarke Walden
CW/dms
Encls.
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ORDINANCE NO. 22.5
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AN ORDINANCE APPROVING THE REPLAT OF
BELLE DANIA AMENDED ACCORDING TO THE
1 PLAT THEREOF RECORDED IN PLAT BOOK 15,
PAGE 32 , PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, SAID LANDS SITUATE,
i LYING AND BEING IN BROWARD COUNTY,
FLORIDA, INTO A NEW SUBDIVISION TO BE
KNOWN AS BELLE DANIA RESUBDIVISION;
AND PROVIDING THAT ALL ORDINANCES, OR
PARTS OF ORDINANCES, IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING THAT BY UNANI-
MOUS CONSENT OF ALL COMMISSIONERS PRES-
ENT, THE ORDINANCE HAS BEEN INTRODUCED,
j READ THE FIRST TIME, READ BY TITLE ONLY
THE SECOND TIME AND THIRD TIME, AND
j PASSED ON ALL THREE READINGS AT THE SAME
MEETING; AND PROVIDING FOR AN EFFECTIVE
DATE
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
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Section 1. That the replat of the following described sub-
division, to wit,
Belle Dania Amended, according to the j
plat thereof recorded in Plat Book 15 , I
page 32 , Public Records of Broward
County, Florida, said lands situate,
lying and being in Broward County,
Florida, into a new subdivision to be
known as Belle Dania Resubdivision
is hereby approved and the plat of said Belle Dania Resubdivision,
consisting of a total of twenty individual lots as a matter of
3 identification, is hereby approved.
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Section 2. That all ordinances, or parts of ordinances in
1 conflict herewith be and the same are hereby repealed to the extent
j of such conflict.
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ySection 3 . By unanimous consent of all commissioners present
1 this ordinance has been introduced, read the first time, read by
title only the second time and the third time, and passed on all
three readings at the same meeting.
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Section 4. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
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PASSED and ADOPTED on First Reading on the 19th day of
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February, 1973.
{ PASSED and ADOPTED on Second Reading on the 19th day of
'! February, 1973.
PASSED and ADOPTED on Third Reading on the 19th day of
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February, 1973.
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Mayor-Commissioner
Attest:
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^ —City Clerk-Auditor
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WALDL\ ADD UL`130\\-
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DAN1A, FT,ORIDA a'Soo t
CLARNE WALDEN
ROSCRTE DUBOW March 11, 1974
(Dictated March 6 , 1974)
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Mrs . Wanda Mullikin
City Clerk-Auditor
City of Dania
Dania, Florida 33004
Re: Our file number M-146
Ordinances
Binder notes of regular meeting of
City Commission -. February 19, 1973
Dear Mrs. Mullikin:
In making the item by item review of agendas and minutes,
according to our records, and then comparing same to the records of
the city, I note that there is one missing ordinance which you do
not include in the list furnished to me by your letter dated December
21, 1973 .
Please refer to the minutes of the planning and zoning board
of February 13, 1973, and to the minutes of the city commission of
February 19, 1973.
In item 5 . of the minutes of the city commission (concerning
the reading of the planning and zoning board minutes) , you will observe
that an ordinance to approve the replat of Belle Dania Amended was
unanimously passed on all three readings at the meeting of February
19 , 1973 .
Quite frankly, I have no record at this date as to whether I
presented a draft of the ordinance to Mr. Clay on February 19 , 1973 ,
as I believe that such was about his last meeting. Therefore, I have
currently drafted a new copy to which I have assigned the number, 22. 5,
and I request that you place same in your ordinance file.
I have verified with Mr. Walker that the ordinance was passed
on three readings, as shown by the minutes .
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Sincerely yours ,
Clarke Walden
CW/dms
Encls.
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q ORDINANCE NO. 22
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING
TO MINIMUM STANDARDS OF HYGIENE. FOR FOOD ESTABLISH-
RENTS AND PROVIDING FOR ISSUANCE OF PERMITS AND AP-
PROVALS FOR SUCH: ESTABLISHMENTS, AND FOR REVOCATION
OF SAME, A14D FOR PENALTIES, AND OTHER REMEDIES, FOR
�{ VIOLATIONS THEREOF; PROVIDING SEVERABILITY CLAUSE;
AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING THAT, BY UNANIMOUS
CONSENT OF ALL CO''•1ISSICNERS PRESENT AT THE MEETING
OF THE CITY COtIMISSION OF THE CITY OF DANIA, FLORIDA,
HELD ON FEBRUARY 5, 1973, THE ORDINANCE HAS BEEN IN-
TRODUCED, READ THE FIRST TIME, READ BY TITLE ONLY THE
1 SECOND AND THIRD TIMES, AND PASSED ON ALL THREE READ-
INGS AT THE MEETING OF FEBRUARY 5, 1973; AND PROVIDING
THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AS OF ITS
j PASSAGE AND ADOPTION ON THIRD READING.
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j! BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
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Section 1. Purpose,-- The purpose of this ordinance is to further protect the
health, safety and general welfare of the consuming public in food establishments in Dania,
Florida.
Section 2. Florida Administrative Code -- Chapters 1OD-13, 1OD-14 and 1OD-15 of
the Florida Administrative Code and all amendments thereto are hereby adopted as part of this
a ordinance.
Section 3. Definitions -- In addition to those definitions included in the adopted
Florida Administrative Code chapters, the following definition shall apply in the interpre-
tations and enforcement of this ordinance: '
(a) "Management" - included anyone who conducts, directs the
affairs and carries on the business of food establishment, I
either for his own interest or that of an owner and in-
cludes those responsible for operation and supervision.
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Section 4. Permit required -- No person, firm or corporation shall operate a food
establishment within the limits of City of Dania, without first obtaining and maintaining a
valid permit or written approval from the Broward County Health Department or State Division
.9q1 of Health. Such permits shall be issued only after inspection of the premises of such food
1{ establishment by a duly authorized representative of the Broward County Health Department,
{ If such inspection reveals that the food establishment is in violation of any applicable
city or county health ordinance or statute of the State of Florida, or any regulation of the
Division of Health of the Department of Health and Rehabilitative Services, such permits
shall not be issued until the violation is corrected.
Permits for food service establishments and food outlets shall automatically expire .0
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on December 31st each year. Permits for food processing plants shall expire on December 31st
ieach year.
No occupational license shall be issued for the operation of any food establishment
prior to the issuance of the Broward County Health Department permit of approval. I
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Section S. Permits not transferable -- No food establishment permit shall be trans-: }
ferable from one person, firm or corporation or from one location to another. }
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Section G. Ap)roval of plans -- No construction, extension or alteration of food I 1
service establishment, food outlet or food processing plant shall take place before the owner
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and operator have submitted complete plans for said establishment showing existing and
?' proposed layout and said plans have received written approval by the Broward County
{ Health Department.
jSection 7. Completion of food hygiene course required of food establishment
managers and supervisors -- In order to insure that management and supervisors are quali-
fied to institute and maintain acceptable sanitary procedures in the operation of a food
business to minimize the Possibility of a foodborne disease outbreak, at least one person
in management or supervision shall be required to have completed at least a six (6) hour
course of instruction and training conducted and/or approved by the Health Department in
' basic food hygiene relating to the proper storage, preparation and service of food and
drink. Satisfactory completion of this course shall be demonstrated by successfully com-
pleting a written examination administered by the Broward County Health Department, and a
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certificate valid for five years shall be issued. Trained management shall he responsible
for training of its employees, seeking assistance from the Health Department when needed.
The manager shall be responsible for having his supervisors attend the training sessions
as scheduled by the Health Department. Compliance with this section shall be mandatory
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1 within one year of the effective date of this ordinance.
Section S. Enforcement -- It shall be the responsibility of the director of the
f Broward County Health Department or his duly authorized representative to enforce the pro-
Visions of this ordinance throughout the entire city.
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Section 9. Inspections and revocation of permits -- The Broward County Health
Department shall make inspections of all food establishments within the limits of city of
Dania, and should it be determined that a violation of any provision of this ordinance is
jbeing maintained therein, said Health Department shall give the operator of such food es-
tablishment reasonable time by official notice, within which to correct such violation.
Should the violation continue beyond the time specified within the official
notice, the said food establishment permit may be revoked by the health authority, except
in cases of food processing permits for which procedures are previously established. The
.� health authority, or his deputy appointed for such purpose, shall be the hearing officer
to conduct a hearing on revocation of the permit. Said hearing shall be held after 15 days'
notice in writing to the operator, served by registered or certified mail.
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Section 10. Power to close -- If, in the opinion of the health authority, condi-
tions of a food establishment represent an immediate threat to the life or health of the
patrons and/or employees, the establishment shall bo ordered to close by action of the I,
health authority. The establishment shall remain closed until, in the opinion of the health
authority, no further danger exists.
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Section 11. Penalties and remedies- -- Any person violating any provision of this
ordinance shall be deemed guilty of a misdemeanor and punished as provided by law. If such f(
violation be continuing, each day's violation shall be a separate offense. The violation of
any of the provisions of this ordinance may also be enforced by injunction, including a man- f
datory injunction, and such suit or action may be instituted and maintained in the name of I
I ' the City of Dania.
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Section 12. Sbvcrability -- If any section, subsection, sentence, clause, phrase
I or portion of this regulation is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed to be a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
Portion hereof,
Section 13. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict,
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Section 24. By unanimous consent of all commissioners present at the meeting of
I the City Commission of the City of Dania, Florida, held on February 5, 1973, this ordinance
I' has been introduced, read the first time, read by title only the second and third times, and
j passed on all three readings at the meeting of the City Commission of the City of Dania,
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Florida, held on February 5, 1973,
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Section 25. This ordinance shall be in force and take effect immediately upon its
passage and adoption,
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. PASSED and ADOPTED on First Reading on the Sth day of February, 1973,
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PASSED and ADOPTED on Second Reading on the 5th day of February, 1973,
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PASSED and ADOPTED on Third Reading on the Sth day of February, 1973.
Mayor-Commiss oner
Attest:
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City Cler -Auditor
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