HomeMy WebLinkAboutO-1990-012 F 7 -
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ORDINANCE NO. 12-90
AN ORDINANCE OF THE CITY OF DANIA
FLORIDA, CREATING CHAPTER 29 , CODE
OF ORDINANCES ENTITLED "LAND
DEVELOPMENT" AND CREATING ARTICLE 1
ENTITLED "GENERALLY" ; BY CREATING
ARTICLE 2 ENTITLED "CONSISTENCY AND
CONCURRENCY DETERMINATION
STANDARDS" ; AND ARTICLE 3 ENTITLED
"LEVELS OF SERVICE" WHICH PROVIDES
REGULATIONS FOR THE DETERMINATION OF
CONCURRENCY AND CONSISTENCY OF ANY
DEVELOPMENT WITH THE CITY OF DANIA
AND BROWARD COUNTY COMPREHENSIVE
PLANS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS , the State of Florida has mandated that development
-.- j be concurrent and consistent with the City of Dania and the
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Broward County Comprehensive Plan; and
WHEREAS , the City Commission of the City of Dania, Florida,
finds and determines that standards for determining the
concurrency and consistency of development with the City "s and
County "s Comprehensive Plans are necessary;
^' { NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1: That Chapter 29 , Code of Ordinances , entitled
"Land Development" is hereby created to read and provide as
follows:
Art. 1 Generally
No development activity may be approved unless it is found
that the development is consistent with the City/County
Comprehensive Plan and that the provision of certain public
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facilities will be available at prescribed levels of service
concurrent with the impact of the development on those
facilities.
(a) Definitions Relating to Plan Implementation
( 1) Administrative Rules Document - means a publication
containing rules , guidelines , procedures, and
methodologies reviewed, revised, adopted and amended by
the Broward County Planning Council and Board of County
Commissioners for the purpose of providing assistance
and guidance to local governmental entities and
Providing direction to City staff in implementing the
Broward County Land Use Plan.
(2) Amendment - means any change to an adopted
comprehensive plan exception, correction, update and
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modification of the capital improvements element
concerning costs , revenue, services , acceptance of
facilities or facility construction dates consisteirt
with the plan as provided in Subsection 163. 3177 (3) (b) ,
Florida Statutes , and corrections , updates or
modifications of current costs in other elements , as
provided in Section 163. 3187 (2) , Florida Statutes.
(3 ) Broward County Land Use Plan - means the future land
use plan element for all of Broward County adopted by
the Broward County Commission in conformance with the
requirements of the Broward County Charter and the
Local. Government Comprehensive Planning and Land
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Development Regulation Act.
(4) Broward County Trafficways Plan - means the plan
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promulgated by the Broward County Planning Council
i pursuant to Chapter 59- 1154 , Laws of Florida , as
amended , and the Broward County Charter, which depicts
a network of trafficways for Broward County (also known
as the Broward County Planning Council Trafficways
Plan) .
(5) Building Permit - means:
(a) Any permit for the erection or construction of a
new building required by Section 301. 1 of the
South Florida Building Code, 1984 , Broward
Edition, as amended.
(b) Any permit for an addition to an existing building
which would:
1. create one or more additional dwelling units,
or
2. involve a change in the occupancy of a
building as described in Section 104. 7 of the
South Florida Building Code, 1984 , Broward
Edition, as amended.
(c) Any permit which would be required for the
nonresidential operations included in Section
301. 1 (a) of the South Florida Building Code, 1984 ,
Broward Edition, as amended.
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(6) Capital Budget - means the portion of each local
1 government 's budget which reflects capital improvements
scheduled for a fiscal year.
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(7 ) Capital Improvement - means physical assets constructed
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or purchased to provide , improve or replace a pub c
facility and which are large scale and high in cost.
The cost of a capital improvement is generally
nonrecurring and may require multi-year financing. For
the purpose of this rule, physical assets which have
been identified as existing or projected needs in the
individual comprehensive plan elements shall be
considered capital improvements.
(8) Certified Land Use Plan - means a local land use plan
which has been certified by the Broward County Planning
Council as being in substantial conformity with the
Broward County Planning Council as being in substantial
conformity with the Broward County Land Use Plan and
which has been adopted by a unit of local government in
conformance with the requirements of the Local
Government Comprehensive Planning and Land Development
Regulation Act.
(9) Comprehensive Plan - means a plan that meets the
requirements of ss. 163. 3177 and 163. 3178 , Florida
Statutes.
( 10) Concurrence - means public facilities and services
needed to support development shall be available at the
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same time or coincidental with the impacts of such
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' development.
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(11) Concurrence Management System - means the provisions in i
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the local government comprehensive plan including
implementation regulations , encompassing the
restrictions , methods , resources , timing and solutions
intended to be compatible with and further compliance
with the statutory requirement to provide public
facilities and services needed to support development
concurrent with the impacts of such development.
( 12) Consistent - means compatible with and furthers.
Compatible with - means not in conflict with. Further
means to take action in the direction of realizing
the goals and policies. As applied to the local plan,
a local plan shall be consistent with the state plan
and the regional plan.
( 13) Developer - means any person, including a governmental
agency, undertaking any development.
(14) Development - The term "development" means:
a. The carrying out of any building activity or
mining operation, the making of any material
change in the use or appearance of any structure
of land , or the dividing of land into two or more
parcels.
b. The following activities or uses shall be taken
for the purposes of this chapter to involve
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"development" , as defined in this section:
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1. A reconstruction, alteration of the size, or
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material change in the external appearance of
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a structure on land.
2. A change in the intensity of use of land,
such as an increase in the number of dwelling
units in a structure or on land or a material
increase in the number of businesses ,
manufacturing establishments , offices, or '
dwelling units in a structure or on land.
3. Alteration of a shore or bank of a seacoas
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river, stream, lake , pond or canal,
including any "coastal construction" as
defined in s. 161. 021.
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4. Commencement of drilling, except to obtain }
soil samples , mining, or excavation on a
parcel of land.
5• Demolition of a structure.
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construction.
7. Deposit of refuse, solid or liquid waste, or
fill on a parcel of land.
6• Installation of utilities.
C. The following operations or uses shall not be
taken for the purpose of this chapter to involve
"development" as defined herein:
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r 1. Work by a highway or road agency or railroad
company of the maintenance or improvement of
a road or railroad tract, if the work is
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carried out on land within the boundaries of
the right-off-way.
2. Work by any utility and other persons engaged
in the distribution or transmission of gas or
water, for the purpose of inspecting,
repairing, renewing, or constructing on
established rights-of-way any sewer.
3. Work for the maintenance , renewal ,
improvement, or alteration of any structure ,
if the work affects only the interior or the
color of the structure or the decoration of ,
the exterior of the structure.
4. The use of any structure or land devoted to
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dwelling uses or any purpose customarily
incidental to enjoyment of the dwelling.
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5. The use of any land for the purpose of
growing plants , crops , trees , and other
agricultural or forestry products; raising
livestock; or for other agricultural
purposes.
6 . A change in use of land or structure from a
use within a class specified in an ordinance
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or rule to another use in the same class.
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7. A change in the ownership or form of
y ownership of any parcel or structure.
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8 . The creation or termination of rights of
access , aparian rights , easements , covenants
concerning development of land, or other
rights of land.
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d. "Development" , as designated in an ordinance,
rule, or development rule includes all other
development customarily associated with it unless
otherwise specified. When appropriate to the
context, development refers to the act of
developing to the result of development.
Reference to any specific operation is not
intended to mean that the operation or activity,
when part of other operations or activities , is
` not development. Reference to particular
operations is not intended to limit the generality
of subsection (a) .
(15) Development Order - means any order granting, denying,
or granting with conditions an application for a
development permit.
( 16) Development Permit - includes any building permit,
zoning permit, plat approval , or rezoning,
certification, variance , or other action having the
effect of permitting development.
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(17 ) Drainage Facilities - means a system of man-made
structures designed to collect, convey, hold, divert or
discharge stormwater, and includes stormwater sewers ,
canals , detention structures , and retention structures.
(18) Improvements - may include , but are not limited to,
street pavements , curbs and gutters , sidewalks , alley
pavements , walkway pavements , water mains , sanitary
sewers , storm sewers or drains , street names , signs ,
landscaping, permanent reference monuments , permanent
control points , or any other improvement required by a
,. governing body.
(19) Infrastructure - means those man-made structures which
serve the common needs of the population, such as:
sewage disposal systems; potable water systems; potable
water wells serving a system; solid waste disposal
sites or retention areas ; stormwater systems;
utilities ; piers; docks; wharves; breakwaters;
bulkheads ; seawalls ; bulwards; revetments; causeways;
marines; navigation channels; bridges; and roadways.
(20) Land Development Code - means the various types of
regulations for the development of land within the
jurisdiction of a unit of local government when
combined into a single document.
(21) Land Development Regulation - means ordinances enacted
by governing bodies for the regulation of any aspect of
development and includes any local government zoning,
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rezoning, subdivision, building construction, or sign
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regulations or any other regulations controlling the s
development of land.
(22) Land Use - means the development that has occurred on
the land, the development that is proposed by a
developer on the land, or the use that is permitted or
permissible on the land under an adopted comprehensive
plan or element or portion thereof, land development
regulations , or a land development code, as the context
may indicate.
(23) Level of Service - means an indicator of the extent or
degree of service provided by, or proposed to be
provided by a facility based on and regulated to the
operational characteristics of the facility. Level of
service shall indicate the capacity '
p y per unit of demand
for each public facility.
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7 (24) Local Comprehensive Plan - means any or all local
comprehensive plans or element or portions thereof
! prepared, adopted, or amended pursuant to the Local
Government Comprehensive Planning and Land Development
Regulation Act.
i (25) Neighborhood Park - means a park which serves the
population of a neighborhood and is generally
accessible by bicycle or pedestrian ways.
(26) Park - means a community, or regional park.
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(27) Planning Act - means the Local Government Comprehensive
Planning and Land Development Regulation Act, Sections j
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163. 3161 et. seq. , Florida Statutes.
(28) Plat - means a map or delineated representation of the f
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subdivision of lands , being a complete exact
representation of the subdivision and other information
in compliance with the requirement of all applicable
sections of this chapter and of any local ordinances ,
and may include the terms "replat" , "amended Plat" , or
"revised Plat" .
(29) Potable Water Facilities - means a system of structures
designed to collect, treat, or distribute potable
water, and includes water wells , treatment plants ,
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reservoirs , and distribution mains.
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(30) Principal Building - means a building which is occupied
by or devoted to , a principal use or an addition to
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• an existing principal building which is larger than the
1 original existing building.
(31) Principal Use - means the primary use of a parcel of
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land as distinguished from secondary or accessory uses.
There may be more than one principal or main use on a
parcel of land.
(32) Private Recreation Sites - means sites owned by
private, commercial or non-profit entities available to
the public for purposes of recreational use.
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(33) Public Facilities - means major capital improvements ,
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including, but not limited to, transportation,
sanitary, solid waste , drainage, potable water,
educational, parks and recreational , and health systems
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and facilities. j
(34) Public Recreation Sites - means sites owned or leased
on a long-term basis by a federal , state, regional or
local government agency for purposes of recreational
use.
(35) Public Utility - includes any public_ or private
utility, such as , but not limited to, storm drainage,
sanitary sewers , electric power, water service , gas
service, or telephone line , whether underground or
overhead.
(36) Recertification - means a local land use plan which has
previously been certified by the Broward County
Planning Council , but because of amendments ,
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decertification, or amendment to the Broward County
Land Use Plan, is no longer in conformity, and must be
recertified by the Broward County Planning Council as
being in substantial conformity with the Broward County
Land Use Plan.
(37 ) Recreational Facility - means a component of a
recreation site used by the public such as a trail ,
court, athletic field or swimming pool.
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(38) Regional Roadway Network - means the roads contained
within the Broward County Metropolitan Planning
Organization's adopted Year 2010 Highway Network,
except for those roads functionally classified as city
collector roads.
(39) Resident Population - means inhabitants counted in the
same manner utilized by the United States Bureau of the
Census , in the category or total population. Resident
population does not include seasonal population.
(40) Sanitary Sewer Facilities - means structures or systems
designed for the collection, transmission, treatment,
or disposal of sewage and includes trunk mains ,
interceptors , treatment plants and disposal systems.
(41) Seasonal Population - means part-time inhabitants who
utilize , or may be expected to utilize, public
facilities or services , but are not residents.
Seasonal population shall include tourists , migrant
farmworkers , and other short-term and long-term
visitors.
(42) Services - means the program and employees determined
necessary by local government to provide adequate
operation and maintenance of public facilities and
infrastructure as well as those educational , health
care , social and other programs necessary to support
the programs , public facilities , and infrastructure set
out in the local plan or required by local, state, or
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federal law.
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(43) Solid Waste - means sludge from a waste treatment
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works , water supply treatment plant, or air pollution
control facility or garbage, rubbish, refuse, or other
discarded material, including solid, liquified,
semisolid , or contained gaseous material resulting from
domestic, industrial , commercial, mining, agricultural ,
or governmental operations.
(44) Solid Waste Facilities - means structures or systems
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designed for the collection, processing or disposal of
- IN solid wastes , including hazardous wastes , and includes
transfer stations , processing plants , recycling plants ,
and disposal systems.
(45) State Comprehensive Plan - means the goals and policies
contained within the state comprehensive plan, s.
187. 201, F. S.
(46 ) State Land Planning Agency - means the Department of
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Community Affairs may be referred to in this part as
'DCA' .
(47 ) Structure - means anything constructed, installed or
portable, the use of which requires a location on a
parcel of land. It includes a movable structure while
it is located on land which can be used for housing,
business , commercial , agricultural , or office purposes
either temporarily or permanently. "Structure" also
includes fences , billboards , swimming pools , poles ,
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pipelines , transmission lines , tracks , and advertising
signs .
- s the platting of
(48) Subdivision mean
real property into
two or more lots , parcels , tracts , tiers , blocks ,
sites ,
units , or any other division of land; and
includes establishment of new streets and alleys ,
additions , and resubdivisions; and, when appropriate to
the context, relates to the process of subdividing or
to the lands or area subdivided.
(49) Substantial Conformity - refers to the Broward County
Charter requirement contained in Article VI , Section
6. 05 D & E that local governmental future land use
plans shall be materially and pertinently compatible
he Broward County Land Use
with and further t Plan in
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order to be certified or recertified.
(50) Vested Rights - means rights which have so completely
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and definitely accrued to or settled in a person, which
it is right and equitable that government should
recognize and protect, as being lawful in themselves ,
and settled according to then current law.
Art. 2 Determining Consistency with the City/County
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Comprehensive Plan
a. Development Sub�ect to Adequacy Determination
(1) For plats , replats , site plans , or building
permits where the property is unplatted or was
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platted, with plat approval received before March
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20 , 1979 , all development of previously vacant i
land except that specified in Subsection (3) [
below, shall be subject to adequacy determination
unless a final development order has been approved
prior to November 1 , 1989 and construction has
commenced and is continuing in good faith.
(2) For plats , replats , site plans or building permits
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in Dania where the property is unplatted or was
Platted , with plat approval received before March
20 , 1979 , all development of previously improved
lands shall be subject to an adequacy
determination for the additional capacity that
equals the difference between the capacity to be T
generated or consumed by the proposed development
and the capacity generated or consumed by the
existing development. Existing development shall
be construed to include previous development
demolished no earlier than eighteen ( 18) months
previous to the date the application is submitted.
Provided however, existing development which is
demolished earlier than 18 months previous to the
date the application is made may be credited
against the current application for capacity to be
generated or consumed.
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(3) For a replat, an amendment to a note on a plat, or
1 a requirement to place a note on a plat, where
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property was platted after March 20, 1979 , an
adequacy determination shall be required for those
additional capacities that equal the difference
between the previous plat and the replat; or the
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previous note and the proposed amendment to the
note; or the development approved by the County
Commission at the time of plat approval and the
proposed note to be placed on the plat.
b. Measurement of Capacities
(1) Water and Wastewater.
Measurement of water and wastewater facilities
will be based on design capacities and service r
flows. Usage and discharge will be based on
adopted level of service standards. These levels
may be amended after consideration and
substantiation of engineering studies and and/or
amendment to the Dania Comprehensive Plan.
(2) Roadways.
The procedure for the initial measuring of highway
capacities is the Florida DOT Table of Generalized
Daily Level-of-Service Maximum Volumes made
available to local government for use from January
1989 through December 1990. Future: capacities
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standards will be issued by FDOT as necessary.
The measurement of capacity may also be determined
by substantiation in the form of engineering
studies or other data. Traffic analysis
techniques must be technically sound and
justifiable as determined by the Broward County
Office of Planning and City Engineer. Alterations
to capacity on the State Highway Network shall
require the opportunity for FDOT review.
Measurement of County and State roads shall be in
accordance with the development review
requirements (Section 5- 182) of the Broward County
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Land Development Code. Any developments that are
determined to be within or create a compact
deferral area shall be reviewed in conjunction r
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with Broward County Office of Planning and any
other effected agencies to determine if an Action
Plan can resolve the capacity deficiencies.
(3) Drainage.
Measurement of drainage facilities will be based
on the water management district basin design
standards. Variations may exist for specific
parcels but the overall effect of an areas
drainage system must meet established water
management practices criteria.
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(4) Solid Waste.
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assumed generation rates and the design capacity j
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of the landfill.
(5) Recreation. i
Measurement shall be based on net acreage of land
that qualifies as fulfilling the public recreation
lands requirement of this Chapter of the Dania
Code of Ordinances.
c. Maintaining Level of Service Standards
(1) Levels of Service Must Be Maintained
(a) No development activity may be approved
unless it meets the following requirements '
designed to insure that certain public
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services are available at prescribed levels
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development.
(b) Not withstanding the foregoing, the
prescribed levels of service may be degraded
during construction of new facilities in a
specific area if upon completion of the new
facilities the prescribed levels of service
will be met.
(2) Determination of Available Capacity
For purposes of these regulations the available
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capacity of a facility shall be determined by:
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(a) Adding together:
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1. the total design capacity of existing
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facilities operating at the required
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level of service; and
2. the total design capacity of new
facilities that will come available
concurrent with the impact of the
development. The capacity of new
facilities may be counted only if one or
more of the following is shown:
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a) The necessary facilities are in
place at the time a plat approval
is issued, or a plat approval is
issued subject to the condition
that the necessary facilities will
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be in place when the impacts of
development occur.
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b) Construction of the new facilities
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is under way at the time of
application.
c) The new facilities are the subject
of a binding executed contract for
the construction of the facilities
to be constructed within a period
of time as stipulated in the
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contract or the provision of
services at the time the
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development permit is issued.
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included in the City/County capital
improvement program annual budget.
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e) The new facilities are guaranteed
at a specific time in an
enforceable development agreement.
An enforceable development
agreement may include, but is not
limited to, development agreements
pursuant to Section 163. 3220, r
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Florida Statutes , or an agreement
or development order pursuant to f
Chapter 380 , Florida Statutes.
Such facilities must be consistent
with the Capital Improvements
Element of the City/County
Comprehensive Plan and approved by
the City/County Engineer.
f) The developer has contributed funds
to the City/County necessary to
provide new facilities consistent
with the Capital Improvements
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Element of the City/County
j Comprehensive Plan. Commitment
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that the facilities will be built i
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must be evidenced by an appropriate
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budget amendment and appropriation
by the City/County or other
governmental entity.
g) The proposed development does not
place any trips on the over
capacity roadway link.
h) There is an approved action plan to
accommodate the traffic impact of
the development. j
i) The subject area has been
determined to be a special
transportation area (STA) relating
to roadway concurrency issues.
j) The development is authorized by an
approved Development of Regional
Impact (DRI) Development Order.
k) The proposed development is found
to have vested rights with regard
to any effected roadway segments or
infrastructure capacity reserva-
tions.
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1) The proposed development is one
j single family or duplex dwellings
on a lot, or parcel of record prior
'j to March 1, 1989 and the lot or !
parcel is in an infill area.
m) The proposed development is a
government facility which the Dania
City Commission finds is essential
to the health or safety of persons
residing in or using previously
approved or existing development.
n) This determination may not be
satisfied by the transfer of
committed capacity from a
previously approved plat or DRI to
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another parcel of land not included
within the previous plat or DRI.
o) The necessary facilities are
provided by any of the
aforementioned methods (paragraphs
a through n) for the approval of
new development orders for lands
which are already platted or the
subsequent approval of development
orders after new plats are
approved.
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1 (b) Subtracting from that number the sum of:
3 1. the design demand for the service
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jcreated by existing development; and
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2. the new design demand for the service
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(by phase or otherwise) that will be i
created concurrent with the impacts of
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the proposed development by the
anticipated completion of other
presently approved developments .
d. Burden of Showing Compliance on Developer
The burden of showing compliance with these levels of
service requirements shall be upon the developer. In y ,,
order to be approvable , applications for development
approval shall provide sufficient and verifiable '
information showing compliance with these standards.
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The Growth Management Department shall supply
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concurrency management forms to be completed by the
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developer.
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e. Concurrency Monitoring System
( 1) Responsibility
The Growth Management Director shall be
responsible for monitoring development activity to
ensure the development is consistent with the City
of Dania Comprehensive Plan. A concurrency
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monitoring system is instituted to verify that
public facilities and services will be available
I at adopted levels of service concurrent with the
impacts of the development on those prescribed
a facility or service standards .
(2) Development Review
Applications shall be submitted for all
development permits to the Growth Management
Department in accordance with regularly scheduled
meetings of the Planning and Zoning Board and City
Commission. The Growth Management Department
shall act as the monitoring entity of the City "s
Comprehensive Plan.
(3) Required Information ,
At every stage of the development process
(including but not limited to Development of
Regional Impact applications for development
approval , land use plan amendments, rezonings ,
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plats , minor plat resurveys , site plans , final
engineering, and buildings permits ) the developer
shall provide the required information of their
project to the appropriate City Department for
review and verification. All concurrency
monitoring forms shall be forwarded to and
collated by the Growth Management Department for
determination of Comprehensive Plan compliance.
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i (4) Concurrency Rights and Effective Period �
j Applications for development approval shall be
1 chronologically logged to determine rights to
available capacity. Compliance will be calculated
and capacity reserved with the issuance of a
Certificate of Concurrency. A Certificate of
Concurrency will have the following effective
periods:
(a) For plats approved by the Broward County
Commission after October 1 , 1989, a building
_ permit must be issued within five (5) years
of the issuance of a Certificate of
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Concurrency.
R (b) For plats approved by the Broward County
Commission after March 20 , 1979 up to October
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1, 1989 , a building permit must be issued by
November 1 , 1995.
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(c) For plats approved by the Broward County
Commission before March 20, 1979 , a building
permit must be issued within five (5) years
of the issuance of the Certificate of
Concurrency by the City of Dania.
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(5) Infrastructure Construction
If infrastructure construction is necessary to }
meet adopted levels of service , the developer must
complete construction and issue performance bonds
to insure completion of work within the
concurrency time limit or risk forfeiture of
favorable concurrency status . If a developer in
the area wishes to complete offsite infrastructure
construction that may or may not be part of other
effective developers agreements , he may do so in
accordance with a new developers agreement that
may entail reimbursable clauses for offsite work
and facility oversizing to meet area needs. The
original developer will be contacted concerning
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the potential of work being deleted from his
developers agreement. It shall be determined by
the City that modifying the original developers
agreement is in the best interests of the City.
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In this case , the original developer must pay
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reasonable infrastructure costs to new developer
under the terms of the original or modified
developers agreement.
(6) Development Permit Approval or Disapproval
Development permits shall be processed to the
furthest• degree possible. If adequacy
determinations of a project show unacceptable
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levels of service in any one of the necessary
public facility or service standards , the project
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shall be tabled during final action of the f
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development permit approval. If capacity
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conditions change at some time in the future,
concurrency shall be rechecked to verify
compliance with adopted levels of service. If
compliance is found the development shall be
rescheduled for final action.
(7) Intergovernmental Coordination
_ The Growth Management Department shall coordinate
concurrency activities within and outside the
City. The Growth Management Department, Public
i
Works Department, Fire Department and Sheriff 's
Office shall act as liaisons depending on the
specific level of service standard with the South
Florida Regional Planning Council, Broward County
an/or any other municipality or governmental
entity to review technical issues of development
approval.
Art. 3 Levels of Service
(a) Potable Water
New development shall not be approved unless there is
sufficient available design capacity to sustain the
following levels of service for potable water as
28
established in the Potable Water Sub-Element of the
City Comprehensive Plan:
i
i
1) Dwellings:
Each Single Family Unit = 1 ERC
2) Condominium:
3 bedroom = 300 gpd = 1 ERC
1 & 2 bedroom = 250 gpd = 0. 71 ERC
3) Motel/Hotel:
150 gpd per room
200 gpd per pool
350 gpd per mgr. apt.
4) Mobile Home:
100 gpd per space
5) Office i
i
0. 2 gpd per square foot
i
6 ) Retail:
i
i
0. 1 gpd per square foot
7) Laundries:
400 gpd per machine
8 ) Bar (no food service) :
20 gpd per seat
9 ) Restaurants:
24 hour - 50 gpd per seat
( Including bar)
Less than 24 hours -
30 gpd per seat
(Including bar)
29
I
J
i
F fi
F7
f
10) Theatres:
i
5 gpd per seat
S
11) Assembly Hall:
} 2 gpd per seat
i
12 ) Park:
10 gpd per person
13) Factories:
15 gpd per person per shift
14) Institutions:
100 gpd per person
15) Church:
' 7 gpd per seat
16) Service Station:
Full Service Station
First Two Bays - 750 gpd
Each additional Bay - 300 gpd
Per Fuel Pump - 100 pgd
self Service Station
Per Fuel Pump - 50 gpd
i
-�" 17) Elementary School:
10 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
18) High School:
15 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
19) Hospital and Nursing Home:
200 gpd per bed
100 gpd per staff
30
i
i
J
E
20) Warehouse:
i
0. 1 gpd per square foot
t
t
(b) Wastewater
New development shall not be approved unless there is
sufficient available design capacity to sustain the
following levels of service for wastewater treatment as
established in the Sanitary Sewer Sub-Element of the
City Comprehensive Plan:
The level of service standard of 300 gallons per
day = one equivalent residential unit.
1) Dwellings:
Each Single Family Unit = 1 ERC
2) Condominium:
3 bedroom = 300 gpd = 1 ERC
1 & 2 bedroom = 250 gpd = 0. 71 ERC
3) Motel/Hotel:
I ,
150 gpd per room
200 gpd per pool
350 gpd per mgr. apt.
4) Mobile Horne:
100 gpd per space
5) Office
0. 2 gpd per square foot
6) Retail:
0. 1 gpd per square foot
31
I
a
i f
i
7) Laundries:
1
400 gpd per machine
8) Bar (no food service) :
20 gpd per seat
9) Restaurants:
24 hour - 50 gpd per seat
( Including bar)
Less than 24 hours -
30 gpd per seat
(Including bar)
10) Theatres:
5 gpd per seat
11) Assembly Hall:
2 gpd per seat
12) Park:
10 gpd per person
13 ) Factories:
15 gpd per person per shift
14 ) Institutions:
100 gpd per person
i
i
15) Church:
7 gpd per seat
16 ) Service Station:
Full Service Station
First Two Bays - 750 gpd
Each additional Bay - 300 gpd
Per Fuel Pump - 100 pgd
Self Service Station
Per Fuel Pump - 50 gpd
32
17) Elementary School:
i
] 10 gpd per pupil 2
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
18) High School:
15 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
19) Hospital and Nursing Horne:
200 gpd per bed
100 gpd per staff
20) Warehouse:
0. 1 gpd per square foot
(c) Drainage System
New development shall not be approved unless there is
i
sufficient available design capacity to sustain the r
1
following levels of service for the drainage system as
established in the Drainage Sub-Element off the
City/County Comprehensive Plan:
1
Road Prot . . .inn - Residential and primary
streets crown elevation meet the minimum
elevations as published on the Broward County
10 year Flood Criteria Map.
Buildinea - The lowest floor elevation shall
not be lower than the elevation published on
the Broward County 100 year flood elevation
map or 18 inches above the adjacent crown of
33
- _ I
1
9
i road for residential and 6 inches above the
t
adjacent crown of road for
i
commercial/industrial.
5to •m Sewa a - Shall be designed using the
Florida Department of Transportation Zone 10
rainfall curves.
Flood Plain Routing - Modified SCS routing
method as established by the S. F. W. M. D.
"Basis of Review" .
Best Management Rra .i - Efforts shall be
utilized to use best management practice to
reduce pollutants entering the groundwater.
i
(d) Solid Waste
New development shall not be approved unless there is
sufficient available design capacity to sustain the
i
i
following levels of service for the solid waste as
i
established in the Solid Waste Sub-Element of the City
Comprehensive Plan:
TvDes of 0ses LS2Ci
Residential 8. 9 lbs. /capita/day
Industrial and Commercial
Factory/Warehouse 2 lbs. /100 sq. ft. /day
Office Building 1 lb. /100 sq. ft. /day
Department Store 4 lbs . /100 sq. ft. /day
Supermarket 9 lbs. /100 sq. ft. /day
Restaurant 2 lbs. /meal per day
34
f
t
1 '
Drug Store 5 lbs. /100 sq. ft. /day
Schools
Grade School 10 lbs . /room & 1/4 lbs.
per pupil per day
I
High School 8 lbs. /room & 1/4 lbs.
i
per pupil per day
Institutions
Hospital 8 lbs . /bed/day
Nurse or Intern Horne 3 lbs. /person/day
Home for Aged 3 lbs. /person/day
Rest Home 3 lbs. /person/day
(e) Recreation
New development shall not be approved unless there is
sufficient available capacity to sustain the following
levels of service for the recreational facilities as
established in the Recreation and Open Space Element of
the City Comprehensive Plan:
i
Type of Facility Level of Service
i
All Facilities Including
Regional , Community and
Neighborhood 3 acres/1 , 000 population
(f) Transportation System
( 1 ) Levels of Service
New development shall not be approved unless there
35
I '
i;
j 9
I
i M
i
is sufficient available design capacity to sustain
}
the following levels of service for transportation
systems as established in the Transportation I
i
Circulation Element of the City/County i
I
Comprehensive Plan:
I i
Type of Facility Peak Hour Level of Service
Arterials D
Collectors D
Local Roads D
(2) Determination of Project Impact
The impact of proposed development activity on
available design capacity shall be determined as
follows:
a. The area of impact of the development (a
i
traffic shed) shall be determined. The
limits of the effected traffic shed area
i
shall be determined in accordance with
Broward County Land Development Code
i
, Trafficways Plan criteria. The traffic shed
j
3 shall be that area where the primary impact
of traffic to and from the site occurs. If
the City/County has designated sectors of the
County for determining development impacts
and planning capital improvements , such
sectors or planning areas may be used. If
the application is for a building permit for
36
i �
E
I
a single-family or duplex development, the
i impact shall be presumed to be limited to the
collector or arterial serving the local {
street giving access to the lot, or to the
i
collector or arterial giving direct access to
i
the lot.
b. The projected level of service for arterials
i
and collectors within the traffic shed shall
be calculated based upon estimated trips to
be generated by the project, or where
applicable, the first phase of the project,
- and taking into consideration the impact of
i
other approved but not completed developments
within the traffic shed. Information on
committed development within the traffic shed
shall be provided by the City/County.
(g) Environmentally Sensitive Lands
( 1) If a proposed development includes all or any part
of lands identified as environmentally sensitive
on the Generalized Wetlands/Estuarine System Map
t
of the City of Dania Comprehensive Plan; is
designated a Local Area of Particular Concern; or
an Urban Wilderness site as designated by the
Broward County Commission, an environmental impact
assessment shall be required. The environmental
impact assessment shall be prepared by the
37
r:
1
C
petitioner and subject to review and approval by
the City consistent with the Broward County Land
Development Code adopted September 25 , 1989. j
(h) Potable Water Wellfield Protection
( 1) An application for a development permit shall be
reviewed to determine if any impact as it regards
wellfield protection will occur. Review shall be
pursuant to the Broward County Environmental
Quality Control Board Code of Regulations and any
..R
other standards which may be adopted by the
Broward County Commission or the City of Dania.
Section That in the event any provision or application r
of this Ordinance shall be held to be invalid, it is the
legislative intent that the other provisions and applications
hereof shall not be thereby affected.
Section-IL Section-IL That the provisions of this Ordinance shall be
codified within the Code of Ordinances of the City of Dania,
Florida, and any paragraph or section may be renumbered to
conform with the Code of Ordinances.
Section 4: That all Ordinances or parts of Ordinances in
conflict herewith are to the extent of said conflict, hereby
repealed.
i
38
l� Y
f
1�
Section 5: That this Ordinance shall take effect
immediately upon its passage.
a
PASSED FIRST READING THIS 13th DAY OF February 19 90
PASSED SECOND READING THIS 27th DAY OF February 19 90
IC 'ac' Mc ea , Mayor
Attest:
'Wanda Mullikin, City Clerk
APPROVED AS TO FORM AND CORRECTNESS
{ By:
Frank C. Adler, City Attorney
i
i
�kf t
1J3tj
i
a
3
Y
}
1
1
39
l�A Phone: 921-8700
00 �'A7["Y OF DANIA
d 100 WEST DANIA BEACH BLVD.
i
- DANIA, FLORIDA -
33004
I r • �
FLORI9P
February 2, 1990
Joseph C . Gandolfo j
Account Executive
The Miami Herald Publishing Company
4000 Hollywood Blvd. , Suite 20ON
Hollywood, Florida 33021
RE: Quarter Page Advertisement
' Please publish the enclosed "Notice of Public Hearing" on
Tuesday, February 6 , 1990 and again on Thursday, February 22 ,
1990 .
Land Development Regulations '
If these dates are not satisfactory, please do not hesitate to
j. call me .
f
e
't
3
Eula M. Gardner
Administrative Assistant `
J -
i
NOTICE OE�fPERMITTED USE .CHANG
o The City of Dania proposes to change the permitted use of the land
within the area shown on the map in this advertisement. •
Public hearings on the proposal will be held on Tuesday, Febuary 13th
and Tuesday, Febuary 27th, 1990 beginning 8:00 p.m. at Dania City Hall,
100 West Dania Beach Boulevard.
A copy of the proposed changes is available for review at j
the Growth Management Department (921-8700) between the
hours of 9:00 a.rrL through 4:30 p.m. Interested parties may appear at
the meeting and be heard regarding these changes.
S5k'$ Dania Beach Inset
to
q ,
Griffin Rd '
v +
a
o I .
3 L
> Dania Bch Blvd
CO
Stirling Rd
+.JLi
` a
I `
rl
(n I
Sheridan Street
Please be advised that if a person decides to appeal any decision
made by the Board, Agency, or Commission with respect to any
matter considered at such hearing or meeting, he will need a j
record of the proceedings and for such purposes he will need to
_ • ,_ ------ �^a^= ♦hc ♦eFH mrnv and evidence
i NOTICE OF HEARING
BEFORE CITY
COMMISSION CTY OF
DANIA. FLORIDA
REGARDING ADOPTION
OF THE FOLLOWING
i PROPOSED ORDINANCES
THE SUN-TATTLER NOTICE he HEREBY GIV-
EN EON the the
n<Gir of Os le, ,
Fla,do. oa FebruOry il,
1990, el B.,, I.m., on of
i loon Ih Veeller as Me Mel-
Established as The Hollywood Sun - January 4, 1935 ter may be heard.will con•
duel I oubl1C hearing In the
HOLLYWOOD, BROWARD COUNTY, FLORIDA uaroome CoCRYmmission iil`m of
West Oenie Beach BlId- '
Dania, poseda to lfloft.ho of
er
IT. f.11,w.r O rcohoa OI
IM IollcwinP orelnaneaa
annne0:
STATE OF FLORIDA ^AN ORDINANCE OF THE
CITY OF DANIA, FLORI-
DA,CREATING CHAPTER
COUNTY OF BROWARD 90, CODE OF ORDI•,
ED
Before the undersigned authority NANCES ENTMN` TNN
g y personally appeared Sybil J. Whaley AhLAND 1p CREATING ARTIICLE
1 ENTITLED"GENERAL•
who on oath says (he/she) is Classified Telemarketing Manager LYe BY RE CREATING
ARri-
"CON-
SISTENCY AND
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward MINATIONESTAND CNCURRNCY TER.
AND ARTICLE 0 ENTF
County, Florida; that the attached copy of advertisement, being a VICE• WHICH PROOVITIS
REGULATIONS FOR THE
Notice Of Hearing DET OF
CONCURRENCON AND
C NSI STENCY OR ANY
D VELOPMENT WITH
in the matter of City of Dania THE BROWAANIA AND
RDF OCOUNTYY
COMPREHENSIVE
y" {/
PLANS; PROVIDIN6 FOR
in the Comm. Room XX�I"X SEVERABILITY;PROVID-
ING FOR AN EFFECTIVE
DATE",
was published in said newspaper in the issue of late-3n, 1990 "AN ORDINANCENIA.OF THE
CITY OF DA.AMENDING SUBPAR.
AGRAPH (5) OF SECTION
11
5 Ib) OF ARTICLE I OF
CHAPTER 1. OF THE
CODE OF ORDINANCES
Affiant further says that the said SUN TATTLER is a newpa per published at Hollywood In OF THE CITY OF DANIA,
said Broward County, Florida.and that the said newspaper has heretofore been continuously iCHANIDA GES TIN PPERMIT
published in said Broward County, Florida, each week and has been entered as second class PARKING AND FOR A SIDE-
matter at the post office in Hollywood in said County. Florida, for a period of one year next ING
THAT SA IL!, ORDINA AND NCES
preceding the first publication of the attached copy of advertisement; and aflant further NANP SRTS ALL RDI
says that he has neither paid nor promised any person. firm or corporation any discount, RESO UTION5 OR PIN CONFIARTS F
LICT HEREWITH BE RE-
PEALED rebate,commission or refund for the purpose of securing this advertisement for publication PEALED TO THE EX-
in in lhe./said news aper CH
CONFLICT;TENT AND PROVID-
IN I ING FOR AN EFFECTIVE
,i /,// �� DATER
�'�Y �•M1.1 ` AN ORDINANCE OF THE
1 CITY OF DANIA FLORI.
CITY
GRANTING f0 EACH
CITY COMM AN
OPTION i0 PARTICIPATE
Sworn to and subscribed before me IN THE 'S HEALTH
NSU RANCEY PROGRAM
OR IN L,EV THEREOF,
Q � �` TO BE COMPENSATED IN
this�2_day of_ —rL A.D. 19 F AN AMOUNT EOUAL TO
(/ THE PREVAIL I NO COST ',
FOR INSURANCE B RDI-
�(// e C'/�y/_/�_C_!J1L� FIT COVERAGE: PRO•
VIDING THAT ALL S OF
NOTARY PUBLIC NANCES OR FARTS OF
OF FLORIDA" ORDINANCES AND ALL
(SEAL) 1993• RESOLUTIONS OR PARTS
NOTARY PUBLIC,STATE OF RESOLUTIONS IN
EXPIRES:AUG.2D'n TFRa. CONFLICT HEREWITH
MY COMMISSION PUPI1C UHo[PW BE REPEALED H THE
THPU HOTAP• EXTENT OF SUCH CON.
POHOIP F ICT; N FECTIINO
(,� - FOR
T AN EFf RCTIVY
"AWN ORDINANCE OF THE '
CITY OF DANIA. PLORI-
,< - OA CREATING • NEW
SUBSECTION U.II•PRO.
HIBITING TOTAL NUDITY
- IN ESTABLISHMENTS
- WHERE ALCOHOLIC
I BEVERAGES. BEER OR
WINE ARE SOLD OR OF.
FERED FOR SALE FOR
CONSUMPTION ON THE
i PREMISIS, AND ERSO •
A
ITING ANY P
I MAINTAINING, OWNING
OPERATIN
OR ES-
TABLISHMENT AN EE
ALCOHOLIC
WHERE
ALCOHOLIC BEVER•
AGES. BEER OR WINE
ARE SOLD OR OFFERED.
FOR SALE pH CON.
SUMP ON M THH PRE
MINES FROM PERMIT•
- TONG OR SUFFERING
TOTAL NUDITY INSUCH
ESTABLISHMENTS;
T i.J1 ) iP "� /w �: _w•ll'r } I',' ',X .•J r _r rI•Y PRO-
VOIDING THAT ALL OR
DI-
ti.1 O
•• I �' ORDINANCES AND
O AS F
ORD ES ALL
RESOLUTIONS OR PARTS
OF RESOLUTIONS IN
CONFLICT HEREWITH
BE REPEALED TO THE
`- EXTENT OF SUCH CON.
FLICT: AND PROVIDING
FOR AN EPFRCTIVB
PAM ORDINANCE OF THE
CITY OF DANIA. FLOIib
DA AMENDING SUBPAR•
AGRAPH 01 OP CTI ION
q-N ARTICLE IV OF
CHAIITER IS OF THE
CoD! OP OIt DINANCES
OF THE CITV OF DANIA,
FLORIDA. AND PROVID•
IN G THAT ALL ORDI•
NANCRS OR PARTS OP
IISNOLVTFONS OR PARTS
FF RESOLUTIRogNS IN
I - `E NREEALQ0 TO HE
@@U@@@XTENT OF SUCH CC ho.
i
Poll AN aPPECITIVB
✓. •, DATE••.
-•:j I A any It thtlg IIreealld
- •_ e.dlnenul•H gP IIN In the
efOC1 of me CITY Clark.City
Nell• IN Well Dani4 BI•Ch I
I Boulerare• DInI1. FNllda,
- and Tay N InINCIee by
the PVb11C dlMlnE a01m41
worelnb haurl.
In IeIId oxford TIy II-
"An'al IM aNlef•it m011•
In9 and N Afford w,lh d.
q•
le he
Any evfen POP""CiNa1 N
e0•al 4Cl 4KNN91 iss
b
with
Net Clow CMy,PIaa an
• rdlh I.,. IP•nY THler
.1141 M11 a NFM II I Ali
M
- Four olo.0 Millfir PeN Na41101.
uCII �.
iN - We, .0 a v ONI'n e1CIN
W Ih1 PIOCe1dII If
M<B IICOr IKIW 4 es in
Ih1
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vwn vMGh IM aaMal b b
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Ell, CHITrk