HomeMy WebLinkAboutO-2008-010 Article 29 Pervious-Impervious Area ORDINANCE NO. 2008-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PERTAINING TO ZONING, REPEALING ARTICLE 29
(ENTITLED "PERVIOUS AND IMPERVIOUS AREAS") OF CHAPTER 28,
"ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A NEW
ARTICLE 3 TO BE ENTITLED "IMPERVIOUS LAND AREA
REQUIREMENTS" TO BE PLACED IN CHAPTER 33, THE "ZONING
APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE NEW
REGULATIONS GOVERNING PERVIOUS AND IMPERVIOUS AREAS OF
LAND WITH THE CITY; ESTABLISHING CERTAIN PERCENTAGES OF
AREAS OF LAND REQUIRED TO BE PERVIOUS, BASED UPON ZONING
DISTRICTS AND PROVIDING FOR WAIVER OF SUCH REQUIREMENTS
UNDER LIMITED CIRCUMSTANCES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article 29, "Pervious and impervious areas" (consisting of Section
29.10, "Impervious land area requirements") is repealed in its entirety.
Section 2. That Article 3, "Impervious land area requirements", of Chapter 33 of the
City Code of Ordinances, which Chapter is known as the "Zoning Appendix", of the City Code
of Ordinances is created to read as follows:
ARTICLE 3. Impervious land area requirements.
Sec. 33-45. Requirements.
For purposes of this section, "pervious" means any part of any parcel of land in which the natural
ability of the land to absorb and hold rainfall is not impeded or restricted. Any placement of any
non-organic material which prohibits penetration by liquids or other soluble materials results in
the creation of an impervious area.
(a) To effectively provide for the drainage of storm water, the minimum pervious area for each
parcel located in the following districts shall be as follows:
(1) TOD and TOC-1: 5 %.
(2) TOC-2: 10 %.
(3) RO: 15%.
(4) I-R, I-P, I-G, IRO, IROM, IROC, C-1, and MA-1: 20%.
(5) C-2, C-3, C-4: 25%.
(6) O-S: 37%.
(7) All residential zoning and mobile home districts: 37%.
(8) Port Everglades Development District: As regulated by Section 15.14 (h) of the PEDD
Zoning Regulations.
(b) In the event of a conflict between the requirements of this section and any other zoning
provisions, the provisions of this section shall control.
(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 those cases in which city ordinances may allow some required parking stalls to consist of
grass, no credit towards the computation of pervious shall be granted for such areas.
(3) 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
size or location or the design of existing facilities, project design, or surrounding land uses are
present. the City Commission may permit a waiver from the foregoing requirements, subject to
the following limitations:
a. Waiver of the pervious requirements shall be proportional to mitigating design improvements
and the applicant shall provide improvements which exceed the minimum required by applicable
engineering standards.
b. Mitigating design improvements may include, but are not limited to, the use of French drains,
positive outfall systems and any other improvements recommended by the Director of the Public
Services Department to the City Commission to aid in the filtration of stormwater runoff.
c. As a prerequisite to City Commission consideration, the Director shall confirm that the
waiver from the requirements is proportional to mitigating design improvements as required by
applicable engineering standards.
2 ORDINANCE 42008-010
Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 5. That this Ordinance shall take effect immediately at the time of its
passage.
PASSED on first reading on March 11, 2008.
PASSED AND ADOPTED on second reading on March 25, 2008.
ALB RT C. JONES
MAYOR—COMMISSI N R
ATTEST:
v J?�eym)
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FOFW AND CORRECTNESS:
By: 1
THOMA J. BRO
CITY ATTORNEY
3 ORDINANCE#2008-010