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HomeMy WebLinkAboutO-1999-020 Lo r� r -r r� i ORDINANCE NO. 20-99 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PRESCRIBING PERVIOUS AND IMPERVIOUS LAND AREA RATIOS TO ALLOW FOR THE EFFECTIVE DRAINAGE OF STORMWATER; AMENDING CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA BY CREATING ARTICLE 28, TO BE ENTITLED "PERVIOUS AND IMPERVIOUS AREAS", AND CREATING CODE SECTION 28.10, TO BE ENTITLED 'IMPERVIOUS LAND AREA REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances of the City of Dania Beach is amended by adding Article 28, to be entitled 'Pervious and Impervious Areas", and creating Code Section 28.10, to be entitled 'Impervious land area requirements", which shall read as follows: ARTICLE 28.10 PERVIOUS AND IMPERVIOUS AREAS Sec. 28.10 Impervious land area requirements (a) To effectively provide for the drainage of stormwater, the area of land covered by buildings, structures and impervious surfaces shall not exceed seventy percent (70%) for industrial uses, seventy percent (70%) for commercial uses and sixty percent (60%) for residential uses. For the purpose of this requirement, all other uses such as, but not limited to, utilities, transportation and office parks, shall be included in the commercial use category. In mixed use developments, the most restrictive of the applicable impervious area limitations shall be utilized. For purposes of this ordinance, "impervious" shall mean and refer to any area or part of any parcel of land that has been modified to reduce the natural ability of land to absorb and hold rainfall. Any placement of material which prohibits penetration by liquids or other soluble materials results in the creation of an impervious area. For purposes of this ordinance, "pervious" shall mean the opposite of PAGE ORDINANCE NO. 20-99 f r. T 7 "impervious" as defined and described above in this ordinance. (1) Subject to compliance with all other city ordinances, pervious areas may be used to satisfy requirements for landscaping and setbacks, buffer strips, drain fields, passive recreation areas and any other purpose that does not require covering with a material that prevents infiltration of water into the ground. (2) In the case of the use of impervious material which does not cover all the surface to which it is applied, credit towards the computation of the pervious area shall be given according to the percentage of pervious area that is retained. (a) Pervious paving blocks may not be used within principal or major driveways, loading zones, or actively used parking stalls in commercial or industrial developments. (b) Pervious paving blocks may be used in overflow parking areas, park and recreation parking facilities and residential areas. In all cases in which pervious paving blocks are used at locations where pedestrian traffic is prevalent, the block voids shall be planted with a nonrunner specie of grass such as, but not limited to, zoysia or bermuda grass. (3) In those cases in which city ordinances may allow some required parking stalls to be grassed, no credit towards the computation of pervious area shall be granted for such areas. (4) Upon demonstration by an applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or special conditions resulting from the design of existing facilities or surrounding land uses are present, the City Commission may permit variation from the impervious area standards, subject to the following limitations: (a) Variation from the impervious requirements shall be proportional to mitigating design improvements provided in excess of the minimum required engineering and landscaping standards. If a variation is PAGE ORDINANCE NO. 20-99 f -r granted, the impervious area shall not exceed eighty-five percent (85%) for industrial uses, eighty percent (80%) for commercial uses and seventy percent (70%) for residential uses. (b) Mitigating design improvements may include the use of grassed retention basins and swales to aid in the filtration of storm water runoff or any combination of the foregoing. Section 2. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 4. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on August 10, 1999. PASSED AND ADOPTED on second reading on August 1999. ATTEST: APPROV SHE' RYL C APMAA HN ERTINO ACTING CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNES.� Vf V THOMA J. ANSBRO CITY ATTORNEY GAWKILEMCLIENTSMANIA\ORDS MISMSTORMWATER ORD MSW.doc 8I30/99 PAGE 3 ORDINANCE NO. 20-99 s-