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HomeMy WebLinkAboutO-1998-026 I ORDINANCE NO. 26-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO NOTICE IN CONNECTION WITH RE-ZONING OF LANDS AND CHANGES OR AMENDMENTS TO THE ZONING REGULATIONS; AMENDING SECTION 11.10, ENTITLED "AMENDMENTS TO ZONING CODE AND/OR LAND USE PLAN" OF ARTICLE 11., "AMENDMENTS", OF CHAPTER 28, "ZONING", OF THE CITY OF DANIA BEACH CODE OF ORDINANCES, IN ORDER TO REVISE AND CLARIFY NOTICE PROVISIONS; AMENDING SECTION 11.10.1, ENTITLED "PETITIONER-APPLICANT REQUIREMENTS" OF ARTICLE 11., "AMENDMENTS", CHAPTER 28, "ZONING", TO CLARIFY APPLICATION REQUIREMENTS PERTAINING TO PROPERTY OWNERS= REQUESTS FOR RE-ZONINGS AND FOR CHANGES TO ZONING REGULATIONS; FURTHER, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. Section 11.10 (entitled "Amendments to zoning code and/or land use plan") of Chapter 28, entitled "Zoning", is amended to read as follows: ARTICLE 11. AMENDMENTS NOTICE AND APPLICATION PROCESS 11.10. . Notice applicable to re-zoning of property. , Any ordinance that proposes to chanqe the actual zoning map designation for a parcel or parcels of land (i.e., re-zoning of property) shall first be submitted to the planning and zoning ORDINANCE NO. 26-98 i �- Ii I I --v board which shall conduct a public hearing and transmit to the city commission its report and recommendations. The public hearing before the tanning and zoning board 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 to the subiect property 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 owners of properties lying aA44ehV within three hundred (300) feet of the subject property shall not invalidate any proceedings iR the sede. 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 sai�� a+ae� any such application shall be given to the general public by the posting of a sign as provided for in section 33-303 of Chapter 28 of this code. The notice of hearing shall set forth ia-beld—pFiat the dates ancl times and locations of the 6ub6equef4t public hearings to be held by the planning and zoning board and subsequently, by the city commission. In addition to the foregoing, all public hearings before the city commission shall be in accordance with Section 166.041, Florida Statutes. the requirements of Section 2. Section 11.10.1 (entitled "Petitioner-applicant requirements") of Chapter 28, entitled "Zoning,,, is amended to read as follows: 11.10.1 zoning and related land use requests c Rpetitioner- apphcant requirements. The petition or application for a rezoning or to chafe the z�Q regulations of the City, as well as a lications for s eclal exceptions or -2- ORDINANCE NO. 26-98 _J I variances, shall be sworn to and shall comply with the following 1 requirements: Section 3. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then the holding shall in no way affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in force and take effect immediately at the time of its passage and adoption. PASSED AND ADOPTED on first reading on December 8 , 1998. PASSED AND ADOPTED on second reading on December 29, 1998. ATTE T: APPROVED: ��z� MARIE JABA E JIM CALI CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: Y--,_ ao -�. THOMASJ. ANS RO CITY ATTORNEY G\WPFILES\TJA\DANIA\ORDSMISC\NOTICE FOR REZONINGS,AMDTS TO ZONING REGS OR❑ 01107199"11 ! 3_ ORDINANCE NO. 26-98 _J l S U ;J — S E N T I N E L ?U3LISHED DAILY FORT LAUDERDALEP 3P.OWARD COUNTY, FLORIDA IOCA HATON, PALMM itACH COUNTY, FLORIDA NG BEFORE CITY COMTMISSICE ONHCITYIOF DANIA BEACH. MIAMI, JADE COUNTY, FLORIJA FLORIDA,REGPRDINGA ORDINANCESE FOLLOWING NOTICE IS HEREBY GIVEN that the City Commission of .` me City of Dania Beach,Florida,on December 8,1998 at F E 0 F FLORIDA r as soon thereafter as the matter may be heard. 7:30 P M o will conduct a ppublic hearing m the City Commission room of the Dania Glty Hall, 100 West Dania Beach Boulevard, COUNTY O F 3 R OW A R D/PALM 3EACH/D A D E Dana Florida to consider the proposed adoption of the BEFORE E IGNED AUTHORITY PERSONALLY APP E'ANOR NANOrdO OFTHces tnetl: 'AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- vv, DA, AMENDING ARTICLE IV OF CHAPTER 18 OF THE _ WHO C N OATH SAYS T H A CODE OF ORDINANCES, PROVIDING IN SECTION 18- ti • • •. 40 10 AN INCREASE OF THE MAXIMUM RETIREMENT HE• E IS A DULY AUTHORIZED R'cPR cSENT AT IVE OF Th B2pIIZNNE�EeNANINCREASPERCENT EN TINE PROVIDING ONTHLY RETIRE AFTECTION ER SSING FIED DEPARTMENT OF THE SUN—SENTINEL, DAILY 6EV59BYFONEMPERCENTFORTIHE16THOTHROUGH NEWSPAPER PUBLISHED IN 3RCWARD/PALM 3EACH/ DARE CCMUh1BENEFITBYETENPERCENT;PROVIDINGINSEC- FLORIDA THAT THE ATTACHED COPY OF AOVERiISEP!'cNT, HEALION TH11INSUIRANCESUBSIDY;PRE ROVIDIFIT NGIINSECTION THE ROP'EPROV LIMITATIONS SEC ON PARTICIPATION, l TAT EMPLOYEE'CONTRIBUTIONS PICKED UP BY THE CITY NOTICE ING AVERAGESMONTHDLYSEARNINGS- PROVIDINGA N SECTION 18-4411NC1 AN INCREASE Its MAXIMUM AC- CRUED BENESAVINFIT LEVEL BE TEN PERCENT PROVIDING IN THE MATTER R OF IDING FO A REPEAL ER AND PROVIDING UFOR ANVEFFF EFFECTIVE DATE.' ` -AN ORDINANCE OF THE CITY OF DANIA BEACH FLORI- DA-'A96(yyN��D1INGSECTION I III OF Cut PT-29.61aI(1)AND THE CODE6IADINANC SOF L PROVIDING FOR ANIINCREASE IN THE AMOUNT OF THE MONTHLY RETIREMENT BENE- IN THE CIRCUIT COURT/ WAS PUBLISHED IN ,AID NCW�P FITS FOR CHANGE INETHEAAl OUNTOOF MEMBER E IDING FOR A CONTRIBU- TIONSISSUES REQUIRED TO FUND SUCH INCREASE;PROVID- ING FOR THE CITY'S 1PICK UP OF A PERCENTAGE OF /z7, X MEMBER CONTRIBUTIONS'PROVIDING FORAREPEAL- FOR CODIFIING FOR A CATION ON,ANDAPROVIDING FOR ASE N EFFEC TIVE DATE.' AFFIArIT FURTHER 'SAYS THAT THE SAID SUNS ENTIN EL 'AN ORDINANCE OF THE CITY COMMISSION OF THE NEWSPAPER PUBLISHED IN SAID BROW AR D/PALM L EACH/D A NIEW COF DANIA ODE SECTIONA8„MELORID IN ORDER TO PROVIDE FOR COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS STRUCTIONCONTRACTSPROVDINUIREMENT GNTHATALLTAIN O01- 3EEN CONTINUOUSLY PUBLISHED IN SAID 3R0'WARD/PALM RESO- LUTIONS OR ORPARTS OF PARTS OFORESOLUTONS IES N CONFLICT NTY+ FLORIDA, EACH DAY, AND HAS SEEN ENTERED A PRVNSANETLS SUCH CONFLICT; OIDIGAEVVERCCAUEURTHER, PO. ;S MATTER AT THE POST OFFICE Ih FORT LAUD ERDALVIDING FOR AN EFFECTIVE DATE.' 31t0'WARD COUNTY, FLORIDA, FOR A PERIOD Of ONE YEAR"-DAA ORDINANAMENDNGARTIC OF LEIX OF CITY OF CHAPTTER8NIA HOFTHE SYSTEMS'; RDINANNG FORA REGULATORY SYSTEM RM PRECEDING THE FIRST PU 3LI CATZON OF THE ATTACHED C SYSEOF ORDINANCG FORYITLED PRIVATE ALA FOR THE ESTABLISHMENT OF PERMITS, FEES, AND ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SGOVERNING PRIVATE ALARM SYSTEMS: PROVIDING TENALTI S O A PROCEDURE FOR THE REVOCATION OL NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORTRATIOIANDA FOR PROCEDURE FORATIONS A SYSTEM OF IN ITS ENTIRE'T PROVIDING THAT ALL OR- ANY DISCOUNT. ING CODE RCdAT E, COMMISSION CR REFUND FOR T HOP DENIAL OR PAR OF TSTOFORDNANCS INS REPEALING TCONFLICT OF SECURING THIS ADVERTISEMENT FOR PU LiCAT ION INNT OF SUCHHCONFLICT;AND PROVIDINGOFOR ANEEFFECTIVVE NEWSPAPER. DATE.- "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,PERTAINING TO NO- TICE IN CONNECTION WITH ZONING AND LAND USE REGULATIONS CHANGES OR AMENDMENTS REPEAL- • . . . .. .+ . .•. . +. . • . .. • .•. . iHG CODE AND/OR LAND USUN E PLALED N'OF ARTICLE 11 GN AT U R E O F A F F I AN T T AMENDMENTS OF CHAPTER 28 ZONING-. OF THE CITY OF DANIA BEACH CODE OF 10.1,E NCES. IN ITS ENTIRETY:AMENDING SECTIONM NTSENFART'PE- TITIONER-APPLICANT REQUIREMENTS' OF ARTICLE 77., AMENDMENTS', CHAPTER 28, 'ZONING TO SWORN TO AND SU3SCRI3ED BEFORE Ma CLARIFY APPLICATION,REOUIREM8, SPERT A WING THIS 27 DAY OF NOVEMBER TOPROPERTYOWNERS RCUESTS FORC: F ES FITHTO ZONING ANU LAND USE REGULATION EVER BHER PROVIDING A CONFLICTS CLAUSE A EVER DATE.- A.D. I Q' n • . . . . •• . .•• . USE.AND PROVIDING FORna AFFECTIVE A copy of these imposed Ordinances are on Lie in the . .. . . office of the City Clerk,City Hall. 100 inspected Dania Beach .• . . Boulevard, Dania. Florida, and may be inspected by the • --„_ public during normal working hours. (SIGNATURE Interested arties may appear at the aforesaid meeting e and be hear with respect o the proposed.Any person R 45- YY W6WISSIGN d'0 `^ who decides to appeal any decision made by the City Commission with respect to any matter conaideletl at this 0M ES:WDber 29,2U'3:. hearing will need a record of the proceedings and for such tri Y, • ldIE1d TM NMaly RING IYM1Neme: purpose may need to ensure al a verbatim record of the proceedings is made,which record includes the testimony -. . . . • .• • • . and in evidence w In meAmerican the ewith Disabilities e be based Act. • •• P• •• • P R I•• C D O R STAMPED ) persons needing assistance to participate in any of the (NAME• OF• NOTARY TY ED, �yT pproceedings should contact Marie Jabalee,Clg Clerk 100 ^ West Dania Beech Boulevard Dania,Florida 93004,1954) 1.// 921-8700 ext.202 at least 72 hours prior to the meeting. • . • -. . • U /s/ Charlene Sanalamaccme SONALLY KNOWN Deputy CHI Clerk — November 27. 1998 E rn000C`_D IDENTIFICATION . .. . . . . . . . .. . . . . . I I I -- p 1 suN — s � NrIN £ L PUBLISHED DAILY FORT LAUDERDALE, 3P,OWARD COUNTY, FLORIDA 30CA RATON, PALM 2EACH COUNTY, FLORIDA MIAMI, DADE COUNTY, FLORIDA AE OF FLORIDA COUNTY OF 3ROWARD/PALIM 3EACH/DADS 3EFORE c IGNED AUTHORITY PERSONALLY APPEARED .. .. / . . . .. . . ...• /j�%��� .. WHO CN OATH SAYS THAT HE E IS A DULY AUTHORIZED REPRESENTATIVE OF THE 5SIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY NEWSPAPER. PUBLISHED IN BROWARD/PALM BEACH/ DADE CCUNTY, FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, EEING A NOTICE IN THE MATTER OF AMENDINu ARTICLE IV IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF C r 11 /27, 1 X EN020230 AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH /DADE COUNTY, FLORIDAr AND THAT THE SAID NEWSPAPER HAS hERETOFORE 3EEN CONTINUOUSLY PUBLISHED IN SAID 3ROWARD/PALM EEACH/ CARE STY, FLORIDAr EACH DAY. AND HAS BEEN ENTERED AS SECOND ,S MATTER AT THE POST OFFICE Ih FORT LAUDERDALEr IN SAID 3K0'WARD COUNTY, FLORIDAr FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PU3LTCATION OF THE ATTACHED COPY OF ADVERTISEMENT: AND AFFTANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON. FIRM OR CORPORATICN ANY DISCOUNT, RE3ATEr COMMISSION CR REFUND FOR THE PURPCSE OF SECURING THIS ADVERTISEMENT FOR PU2LICATI0h IN SAID NEWSPAPER. • . . . .. . ... . . . . . ... . GNATURE OF AFFIANT) SWORN TO AND SUASCRI3ED BEFORE ME THIS 27 DAY OF NOVEMBER A.D. 199Q . .. . ... . . . . . .. . .. . . .. . . . .. . ( SIGNATURE —_ R�rry�y�`t MY COMMISSION v! n '• � i• E%PIHES:OcMEu 20,fwa bm*d Thu MftY PWtlC ukw*me,:. . .... . . ... .. . .. . .. . ... .. . . .. . .. . . . .. . . .. . ( NAME OF NOTARY TYPED, P ED OR STAMPED) 'SONALLY KNOWN . .. . . . . . . . . . .. . . . .. .. OR rnODUCED IDENTIFICATION . . .. . .. . . . .. . . .. . i , > K �� ® IMAGE AGE The 100 ation Management Company �GUARD 605-477 9149 STREET,800-287-47 9M FAX 305-77 7526 ouun MONiromNc rnocMUA THIS IS TO CERTIFY THAT AMERICAN MICRO-IMAGE,INC. PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS. IIIII1 .0 W ze ss W I 7E IIIII 1199 2.0 I.B MICROCOPY RESOLUTION TEST CHART N-,Qh4 OUP[PU 01 S' FO�PpS IP61 P