HomeMy WebLinkAboutO-1989-011 r
ORDINANCE N0.
11-89 I
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING SECTION 10. 13 OF ARTICLE 10, CHAPTER
28 OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, TO PROVIDE FOR A ONE (1 ) YEAR
LIMITATION ON VARIANCES FROM THE TERMS OF SAID
CHAPTER 28; AND PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
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Section 1 . That Section 10. 13 of Article 10, Chapter 28 of
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the Code of Ordinances of the City of Dania, Florida , be and the
same is hereby amended to read as follows :
"10.13. VARIANCES. Authorize upon appeal such variance from
the terms of the chapter as will not be contrary to the public
interest where , owing to special conditions, a literal enforcement
of the provisions of this chapter will result in unnecessary and
undue hardship. In order to authorize any variance from the terms
of this chapter, the city commission must and shall find :
(a) That special conditions and circumstances exist which
are peculiar to the land, structure or building involved
and which are not applicable to other lands, structures
or buildings in the same zoning district ;
(b) That the special conditions and circumstances do not
result from the actions of the applicant ;
(c) That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this chapter to other lands , buildings or structures in
this same zoning district ;
(d) That literal interpretation of the provisions of this
chapter would deprive the applicant of rights commonly
t enjoyed by other properties in the same zoning district
under the terms of this chapter and would work
unnecessary and undue hardship on the applicant ;
(e ) That the variance granted is the minimum variance that
will make possible the reasonable use of the land,
building or structure.
(f ) That the grant of the variance will be in harmony with
the general intent and purpose of this chapter, and that
such variance will not be injurious to the area involved
or otherwise detrimental to the public welfare .
In granting any variance, the city commission may prescribe
appropriate conditions and safeguards in conformity with this
chapter. Violation of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be
deemed a violation of this chapter. The city commission may
prescribe a reasonable time limit within which the action for
which the variance is required shall be begun or completed or
Y both; however, no time limit for same shall exceed one ( 1 ) year
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Ordinance No. 11-89
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F,7% ,
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from the date such variance is granted and approved by the city
commission, unless said one (1 ) year limit is extended by the city
{ commission after a written application for such extension is filed
{ with the Building and Zoning Department by the affected party.
{ Under no circumstances, except as permitted above, shall the city
commission grant a variance to permit a use not generally or by
special exception permitted in the zoning district involved or any
use expressly or by implication prohibited by the terms of this
chapter in the zoninn aictr_^r - No nonconforming use of
neighboring lands , structures or buildings in the same zoning
district and no permitted use of lands, structures or buildings in
other zonino districts shall be considered grounds for the
authorization of a variance. "
Section 2. That except as herein amended , all other
provisions of Section 10. 13 of Article 10, Chapter 28 of the Code
{
of Ordinances of the City of Dania, Florida , shall remain in full
force and effect .
_'ection 3. That all ordinances or parts of ordinances and
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all reso' utions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 4. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption .
PASSED and ADOPTED on First Reading on the 10 day of
January , 1989.
PASSED and ADOPTED on Second and Final Reading on the
24 day of January , 1989.
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MAYOiT - COM r SS 'R
j ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: C. G
FRANK C. ADLER, City Attorney
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�i� NOTICE OF HEARING
COMMIB�FORE
CITY
SSION
CITY OF DANIA,
FL ORIDA
ADO PTIOON O'F THE I i
THE SUN-TATTLER FOLL ORDINANCES:6SED
RDIIANCES:OSED
' NOTICE IS H"R C.Y OIy-
Established as The Hollywood Sun - January 4, 1995 E '°"' '"` c"" Eammis- I `�
I n,e Olt °) Dan,e. I
H89,sl nn m nun presided
1e, '
HOLLYWOOD BROWARD COUNTY, FLORIDA vev,al ell.freri
i t o"Ineold. ..It conduct . 1
I nu Llie hearing in be CIIr
3 Cornmi+smll room of Ina
Dante Olv Hall, 180 Wefl
uenia peach Boulevard.
Oanle, Florida to consider
STATE OF FLORIDA me nrapasee adoption on
second end line reeding of
COUNTY OF BROWARD [11. ardlnencas entitled:
An Ordinance of me C;Iv of
Before the undersigned authority personally appeared Steven Waxelbaum Danie, FrPnma. pravldiag
tar Ine +°tins'biliv 1
Gulden and other Persons i
tar acrumul°h"n of dale r
who on oath says (he/she) is C+Iacc furl \Mama; material, ru°blsn or ira+n
<onslruuion +u e+: ores-
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward Coding for removal of slim"
Coding
penalties for vlo-
la,ions:Providing for e0rifl-
<nuan, providing for seea-
County, Florida; that the attached copy of advertisement, being a amlltr: providing that all
Ordinances or Parts of plot-
.' rJntiro Cif {-iaorin8 mheedand
of �asoluiion'ti in
'Cirficl nerewlln be a-
pn"Iad to'he Clones of sVCM1
<onuicl: and providing (°r
in the matter of City of Dania as effectl/e gNe.
An ord.nbi of In,City of
in the Comm- Room ST6tYr)KX Danm, mend.ep deacon
JY 996. Chapter 33, of Ine
tan. 13 1939 +ode t ,%.rc., of the
was published in said newspaper in the issue of c,l. p Oan,a. Flo,
la
provide ror a comolenon
nand and a guAe Nee bona
<rvering In! Ctl al im
movements or about
s ubo.v in ad P,.:'lly: and
Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood In ofov nine 'Cpnb aof o,d,,
dari,saidBrowardCounty,Florida,and that the said newspaper has heretofore been continuously "pros,For nd It+1C.I"„',"n ',
published in said Broward County,Florida,each week and has been entered as second class pee:e'n'm°e`."laexte be yen i
matter at the post-office in Hollywood in said Count Florida, for period of one year next conflict; and providing for
Y Y• D an eNeg$live �gQam.
preceding the first publication of the attached copy of advertisement: and afflant further A Prd Ea f of the Cilr a+
says that he has neither paid nor promised any person, firm or corporation any discount, Daniel, Florida, amenaing
seui°n 99-91 of more 11 of
rebate,commission or refund for the purpose of securing this advertisement for publication ("dale, ]] of the Cade o1
De In, of in. COY o1
Danie, FIo,IVa, Io provide
in the said newspaper. I ;or <an..rgalPn and mean.
II / lenance of sldevial4s; and
pl ovl ding Ina, ell ordl-
Inancee ono°all,res.ki-ions
Oarts hf resolullons in
nnicl nerewlln be re-
pealed to Ina v.Uell°1 fucn l
Sworn to a d subscribed before me cmalla; and prgvidleg far
ellecllppvv date.
An AI !of the City of
this day of A. Dania, Florida mending
./ ^ seNon to U or Cod to,
ll�l k `t chapter 36 of the code of
D no.,n Fle of Ina n of
NOTARY PUBLIC for on Florida, to orovmv
�{ OTARY PUBLIC STATE CF FL;::?.l for one an rear umuanan
'e variance
both the
(SEAL fermi Pi Bela cnePler 9e:
Y CONBTSSICB Exit. JUI;E ::J lino.lording met an
BMED TRRB GENERAL INS. ..!- or Pml+ or titer
aances end ell ..wlullo r In
of resoWlianf in
Can"tic'lcl nerewlln be I6-
eelea 10 Ind aatenl such
agmlffb and Providing for
n effective
Cy,� ante.
An raj of the City of
Deal., Florida, emending
section la-1 of artl<Ie I of T
Chapter
la of one coda at
ordinances of he Chi °I
Dania, Florida, to include
group life Insurance cover-
. I _ ! age far retired officials and
emPlorees as well of medi-
cal and hosoirafital;on In•
suranca coy V.9.provided
.. ones such official or am
plovee fno#pay the entire
cast of one cprenge; Pro•
viaing that all ordinances or
• Parts of ordlne"<ef end ell
resolutions and Paris of
resolulloes in c°niticl nerd-
wlln be repealed 10 the ea-
lent of such ...Hitt; and
Pray ding for an elfoclih,
dole.
Copies of these proposed
ordinances are an file In Ine
Office 01 the City Clerk,City
Hall. IN Well Dania Beach
- - - Boulevard. Dania. Florida, "
and may be mt°ecled by
the Public during normal
InOrking hours.
lerefled Parked may ao-
Pear at the aloresald Mae?-
" ing and be heard vi rr
spell 1° Ine Proposed.
Any Person wed decides to
-, appeal any deslon made
- - e l cl by the Planning and Zoning
Board or City Commission
w In refpecl 10 env molter
cons leered e1 tnH meeting
yr nem;n9 w.11 need a
ard or map ceeeing era
for fucn p.r°use met need
m Chaste meta veroal,m
maC. or Ine procddines Is
ne, wmm� record m-
Cluaef me lefnm°nr and
evm<n Cl upon wmcn me
....;moor end evidence
w"¢h th apoe e el it to
be made
rs/ Wanae Mullikin
City Clerk
S-T Jan. 13, 191191W83)
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