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HomeMy WebLinkAboutO-1991-018 ORDINANCE NO. 18-91 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 11 OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY AMENDING SECTION 11 . 10 TO INCLUDE LAND USE PLAN AND BY ADDING A NEW SECTION TO BE NUMBERED 11. 10. 1 AND ENTITLED "PETITIONER- APPLICANT REQUIREMENTS" ; PROVIDING FOR WAIVERS; 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THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.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: Section 1 . That Section 11 . 10 of Article 11 of Chapter 28 of the Code of Ordinances of the City of Dania , Florida, be and the same is hereby amended to read as follows: i "11.10 Amendments to zoning code and/or land use plan. The city commission may from time to time on its own motion or on a petition of a property owner amend the land use plan or supplement, change , modify or ,J repeal the zoning regulations , restrictions or district boundaries herein established. Any such proposed amendment to land use plan or supplement, change, modification or repeal shall first be submitted to the planning and zoning board which shall conduct a public hearing and transmit to the city commission its report and recommendations. The public hearing shall be conducted no less than ten ( 10) days from the date of written notice to all owners of property (or in the case of a condominium or cooperative development, to the board of directors thereof) immediately adjacent and within three hundred ( 300 ) feet thereto and across the street therefrom. For the purposes of this notification, an "owner of property" shall be deemed to be the person or entity whose address is shown on the tax rolls of the Broward County Tax Collector. Omissions or errors of notification to said owner of properties lying and being within three hundred (300) feet of the subject property shall not invalidate any proceedings or actions pursuant to the requested changes in the code. Ordinance No. 18-91 Y. The notice of public hearings shall include the official legal description of the property; a description of the property as to its location with respect to the street upon which it faces; its approximate relation to the nearest cross street; a sketch showing its approximate size, location and relationship to adjacent properties; the existing zoning classification; the proposed zoning classification; and, in connection with an application for a variance or special exception, a statement as to the nature and extent thereof . In addition to the foregoing, additional notice of said changes and/or amendments shall be given to the general public by the posting of a sign as provided for in Section 33-303 of Chapter 28 of the Code of Ordinances of the City of Dania, Florida. The notice of hearing shall be in a form approved by the city commission and shall set forth in bold print the date and time of the subsequent public hearings to be held by the planning and zoning board and the city commission. '? In addition to the foregoing , all public hearings 1 before the city commission shall be in accordance with and subject to the requirements of Section 166.041 Florida Statutes. " 5 Section 2. That Article 11 of Chapter 28 of the Code of u j Ordinances of the City of Dania, Florida, is hereby amended by a adding a new Section 11 . 10. 1 thereto to read as follows: "11.10.1 Petitioner-applicant requirements. The petition or application shall be sworn to and shall comply with the following requirements : i 1 . Each petition or application shall be filed by the fee owner, other person having proprietary interest , in the property, and/or any person having the right to represent the owner, or their agent or attorney, unless otherwise specified herein; 2 . Where the petitioner or applicant is a nominee, agent, attorney, or one other than the fee owner, then the petition or application must disclose the name and address of the fee owner and of any person or entity for whom the petitioner or applicant is acting; and all of said persons or entities shall -2- Ordinance No. 18-91 , i 4i to be a petitioner or applicant for the be deemed interests as herein required. purpose of disclosing the case where the fee owner has enterehtitoo°be for the sale of the property sought 3 In shall be a contract the contract purchaser affected, to the petition or application to co-petitioner a letter of authorization shall provide represent the fee owner. of property that is the subject of a land agreement, the trustee of such trust, as such 4 , trust case co-petitioner trust a9 the petitioner °r the applicant trustee, shall be petit of or application or from the to the petit a letter of authorization fro t the shall providethe applicant to rep trustee authorizing trust; beneficial interest of the oration, petitioner or applicant is a Corp the •,. . �,, 5, Where the a application shall include the petition or pp of all officers and correct names and addresses or share holders directors and of all stockholders ercent (5%) any interest in excess of five If owning stock of such corporation- of ! all outstanding ercent ( 5�) or more of the stock ?i any owner of five p the same disclosures shall is also a corporation, oration; be made concerning that core 1 petitioner or applicant or his principal , is a business or entity 6, Where the p licant, the petition if other than app name , and ` doing business under an assumed the names or application shall such residence of all true and actual owners of business or entity. partnership, 7 . Where the petitioner or applicant is a artnership, joint venture , syndicate trthe st limited A ,rated voluntary association, or an unincorp application shall include p artnerst joint and petition or a ap 1 partners , limited p addresses of trust beneficiaries venturers, syndicate members ,nincorporated or members of the association. land trust is the subject of a shall g , Where the property the petitioner or applicant agreement , ned by the trustee of all beneficial owners of the provide a trust disclosure s19 the trust showing subject property. Where any per-soil disclosed pursuant to the r requirements of this section 11. 10. 1 is not a 9 , -3- ordinance No, 18-91 i 4: r natural person, then the partners, limited partners , joint venturers , syndicate members, trust beneficiaries, members of the unincorporated voluntary association, officers, directors and stockholders (owning any interest in excess of five percent [58] ) shall be disclosed so that all interested natural persons are disclosed. " Section 3 . That all or any part of the foregoing Section 11 . 10. 1 may be waived by an affirmative vote of four-fifths (4/5) of the members of the city commission. Section 4 . Except as herein amended, all other provisions of said Chapter 28 of the Code of Ordinances of the City of Dania, i Florida, shall remain in full force and effect. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be 11? and the same are hereby repealed to the extent of such conflict. 1, Section 6. 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 14th day of I May , 1991 . PASSED and ADOPTED on Second and Final Reading on the 28th day of May 1991 . MAYOR - COMMISSIONER ATTEST: - 1 •' CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: 9 ,,z : Aas �, FRANK C. ADLER, City Attorney -4- Ordinance No. 18-91 i 4: HOLLYWOOD SUN Esiahlished as The Ilolly%ood Sun - January 4, 1935 IIOLIANkOOD, BROR'ARD COUNTY, FLORIDA STATE OF FLORIDA COUNT)' OF BROWARD R. WAYNE WEDGEWORTH Before the undersigned authority personally appeared Who on oath says (he/sK) is DIRECTOR OF ADVERTISING Of the Hollywood Sun a daily newspaper published at Hollywood in Broward county, Florida: that the attached copy of advertisement, being a NOTICE OF HEARING in the matter of City of Dania Hearing on 5/28/91 in the CITY OF HOLLYWOOD � { ' was published in said newspaper in the issue of -- May 17 1991 (0-82) Afftant further says that the said Hollywood Sun is a newspaper published at tiollywood in said Broward C•ounl%, Florida,and that the said newspaper has heretofore been continuously published in said Broward County,Florida,each week and has been entered as a second class matter at the post office in Hollywood in 'ar said County,Florida,for a period of one year next preceding the first publication of the attached copy of ad- ' n` sertisemenl:and of Cher says that he has neither paid nor promised any person,firm or corporation �i anT discount,r ale, o fission or refund for the use of'securing ARINdveniseAN' for publication T IhP sold n 5 a Cr NOTICE OF HEARIND AN'ORDINANCE FLORIDA OF THE P p BEFORECITY CITY DANIA, CRIVEN- EA-8 ERRORS INN THE T COMMISSION CORRECTING 4 GITYOF DANIA,FLORIDA, THE b• REGARDING ADOPTION TLE AND SECTION 1 OF i QPTHEFOLLPROPOSEOING ' PASSEDORDINANCND aOPTED t PASSED AND ADOPTED INAL ORDINANCES: READ NO ON N SECONDAT ND E F11TH u Sworn to and subscribed before me NOTICE IS HEREBY GIVEN EN.. DAY OFOVIDING F RAN 1D PROVIDING FOR AN � that the Clty.Cemmluion of EFFECTIVE DATE. the,25,1 Dania HOrIEA-or 1, This d�.L day of A.D.A.D, 19 ` as son 1 D01ata•OO F m.he \I ne soon thereMtar u'1M1c May be heard, will AN ORDINANCE OP THE 1 �eyl bohdVM a public he AMENDINO ARTICS aring In ATV DANIA, . _ the city Comml. an'cannol ICE IV, .i NOTARY PUBLIC the Dania City Hall. 100 CHAPTER tO BY ADDING West NEW SECTION THERETO Valid,Dania.Florida to<o Beach Soln• TO PROVIDE FOR THE S- aide,the proposed adaptor SUANCE OF A PERMIT TO COLLECTCONVEY OR (SEAL) of the following ordinances DISPOSE' OF GARBAGE entitled: NOTARY PUBLIC,STATE OF FLORIDA, AN ORDINANCE OF THE CITY VOF DANIA;REOURE Nly C01,1 Ni1S5I0M EXPI;iES:JULY 31, 1993, CITY OFDANIA. ION 1 OF INO HAULING PERMITS a aV nucO TruW rvuinaY Public UNb EliWnlTaaa AMENDING' ARTICLE S OF PART%II OF THE AND DISPOPROVSAL PERMITS; THE CHARTER FLORIDA. ORDINANCES OR PARTS T ALL CITY OF DANIA, O RELATING TO THE SALE, OF ORDINANCES AND ALL TRADE, EXCHANGE OR RESOLUTIONS FRESOLUTIONSINCON- DISPOSAL OF CITY PROP- ' CT HEREWITH BE RE- ERTY; AND PROVIDING PEALED TO THE EXTENT 1 THAT ALL ORDINANCES SUCH OR PARTS OF ORDI• PROVIDNG FOR ANAEFD NANOES AND ALL RESO' LUTIONS OR PARTS OF FECTIVEDATE. RESOLUTIONS IN CON- FLICT HEREWITH Be RE. A Coptic 1 th...on proposed PEALED TO THE EXTENT ardimilice of the City Clerk, City OF SUCH CONFLICT;AND PROVIDING FOR AN EF• Boullevn�J, Dn�Ia�I Fleck FECTIVEDATE. and may be bylhe AN ORDINANCE OF THE Elio duringnormal work- CITY OF DANIA.FLORIDA. In hour. AMENDING ARTICLE II OF D CODE TEOF ORDINANCES R 28 OF THE InimeMetl parties may AP- OF THE CITY OF DANIA, pear at the sloresald meet• FLORIDA, BY AMENDING Ing and be heard with re SECTION 11.10 TO IN- a pact to the proposed. CLUDE LAND USE PLAN An person who decide.la AND BY ADDING A NEW Y P SECTION TO BE NUM-, appealt City yCommission with BERED 11.10.1 ANO ENT)- ' Y Y an- TIED -PETITIONER-AP- a tl�rvd at this hearing will PLICANT PRO- need a record of the Pro. REQUIREMENTS'; uedi.,. and for.ueM1 our- AND VIDING FOR WAIVERS; ou .Y nod nsur- ANDPROVIDINGTHATALL I .verbatim,.card of the OF ORDINANCES OR PARTS proceedings I.made,which RESOLUTIONS SANDALS . RESOLUTIONS ORPARTS .cord Includes the 1411- FLIT HEREWITH ON' many and ,pact 1. upon PEAL HEREWITH BE RE-ED TO THE EXTENT maids. oPPael b m be OF SUCHCONFLICT;AND 11W. d PROVIDING FOR AN EF• G�IY CInoh Mulllhln FECTIVEDATE. AN ORDINANCE OF THE H•SMaw,17.1991(0"92) CITY OF DANIA. FLORIDA AMENDING SECTION Ila FA T1 LE OF PART%II A TYHOFADAANIAEFLORIDA. TAT L ERM O LEAS ESH FORANT PARKER COMMUNITY CENTER SHALL BE PRO- HIBITEOE%CEPT BY AP- PROVAL OF THE TEPM9 No I , SUCH LEASE BY THE ELECTORATE OF THE CITY OF DANIA BY A REF• ERENDUM ELECTION TO B19 HSt. APTER ADVE TISED 9 PUBLIC HEARIN0 : PROVIDING THAT EXCEPT Ae HEREIN AMENDED ALL OTHER PROVISIONS OF SAID ARTICLE 4 OF PANT %II SHALL REMAIN IN FULL FORCE ANO.EFFECT;AND PROVIDING THAT ALL OR• I DINANCEB OR PART9 OF ORDINANCES AND ALL RESOLUTIONS S PARTS FLICTB EREWH IBE IT PE• PEALED TO THE EXTENT OF SUCH CONFLICT:AND PROVIDING FOR AN EF- I FECTIVEDATE. 7 AN ORDINANCE OFTHE CITY-OF DANIA, FLORIDA REPEALING OROINANCE NO. as-go ENTITLED 'DISTRICT `,I I AS (" tt REGULATIONS' OPTED INBSED SECOND DANDD FINAL- I - READINGON SEPTEMBER j, 11,1900-AND PROVIDING w..AN OFPaOTI VE DATE. � � r. ,wi 1 I I