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HomeMy WebLinkAboutO-2000-043 • ORDINANCE NO. 2000-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 22 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS"; AMENDING THE CODE OF ORDINANCES, BY AMENDING SECTION 22-5, ENTITLED "PAVEMENT, IMPROVEMENT AND USE OF SWALE AREAS," BY PROHIBITING THE PAVING OF THE COMPLETE SWALE AREA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Sec. 22-5, entitled "Pavement, improvement and use of swale areas", of the City Code of Ordinances is amended to read as follows: • Sec. 22-5. Pavement, improvement and use of swale areas. With respect to the paving, improvement and use of drainage swales within the public right-of-way of streets or other public rights-of-way owned or controlled by the city, the following standards and regulations are hereby adopted: (a) The area immediately adjacent to the paved road surface extending to the right-of-way line or to the edge of the sidewalk is primarily intended for the drainage of the paved roadway by percolation of the water through the natural sand soil and such area is not intended for parking vehicles. It may not be paved with any type of impervious paving or any type of lime rock or stabilizing materials, except as follows: (1) Residential areas. Paved driveways for access to abutting property. In no event shall this access drive or vehicular stopping area exceed thirty per cent (30%) of the frontage of the abutting lot, eXGept that where nesi+i„o or�well drainage is available the GOrnplete swale area non be paved (2) Commercial or industrial areas. The above standard for residential areas also applies to commercial or industrial frontage. In the event a larger paved area is desired for parking or access, the owner of the abutting property must provide for subsurface drainage areas or other facilities which will be equal to the additional area which is proposed to be paved. A permit from the building official must be obtained for this construction. Maintenance of such G:\ORDINANCES2000\ORDINANCE AMENDING 22-5 SWALE PAVINT,.DOC 02/03/98 ORDINANCE NO.2000-043 • subsurface drains must be performed by the owner of the abutting property. Upon application for a permit, the owner or owners of the abutting properties shall submit a proposed plan or sketch, including details of construction, to the building official. Section 2. That except as amended above, all other provisions of Chapter 22 of the Code of Ordinances of the City of Dania Beach, Florida, 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 OCTOBER 10, 2000. PASSED AND ADOPTED on second reading on OCTOBER 24, 2000. APPROVED: MM'OR-COMMI SIONER ATTEST: ROLL CALL: MAYOR McELYEA - YES p � O VICE-MAYOR BER_TINO -YES COMMISSIONER ETLING-ABSENT SHERYL C APMAN COMMISSIONER CALI -YES ACTING CITY CLERK COMMISSIONER MIKES -YES APPROVED AS TO FORM AND CORRECTNESS: THOMAS J./ANS18k0 CITY ATTORNEY G:\ORDINANCES2000\ORDINANCE AMENDING 22-5 SWALE PAVIN2.130C 02/03/98 ORDINANCE NO.2000-043 U N — S E N T I N E L NOTICE OF HEARING PUBLISHED DAILY BEFORE CITY COMMISSION CITY OF DANIA BEACH FLORIDA REGARDING FORT LAUDERDAL=, BROWARD COUNTY, FLORIDA ADOPTION OP THE FOLLOWING 9 O C A R A T O N, P A L MI BEACH COUNTY., FLORIDA PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of v I A M I, D A D E COUNTY,, FLORIDA the City of Dania Beach,Florida,on October 24 2000,at 7:30 PM or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall,100 West Dania Beach Boule- S T A T E OF FLORIDA vard,Dania Beach Florida to consider the proposed adop- tion of the following Ordinances entitled: COUNTY OF 'B R O W A R D/PALM 3EACH /DADE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- iEFORE THE UdD . RSIGNED AUTHORITY PERSONALLY A.PPEAP.FDAPNANCESNWT CCHAPTERISTHTTILEDODECOOF HOLIC BEVERAGES`AMENDING THE CODE OF ORDI- NANCES SELIO FURNISHING BY I O SECTION TAN PERSONSENTITLED BY RED . . . . . . . . . a . . . . . WHO O N OATH SAYS THAT VISING TPE MINIMUM DRINKING AGE FROM EIGHTEEN TO TWENTY-ONE, BE CONSISTENT STATE IS A DULY AUTHORIZED R£PRESENT ATIV E OF THE wROING CONFLICTS- CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY DATERANCE;FURTHER,PROVIDING FOR AN EFFECTIVE NEWSPAPER PUF3LISHED IN ')ROWARD/PALM BEACH/DARE C0LN1AN ORDINANCE OFTHE CITY OF DANIA BEACH FLORI- DA, PERTAINING FLORIDA THAT THE ATTACHED COPY OF ADNERTISFMENT, EEIOF ORDINANCES,OWHCH CHAPTERHAPTER 22 OF HSCENTITOLEDE 'STREETS AND SIDEWALKS`AMENDING THE CODE OF ORDINANCES BY AMENDING;SECTION 22-5 ENTITLED NOTICE 'PAVEMENT PRbHIMPROVEMENTBI NG THE AVING AND OF OF HE COMPLETE AR- EAS,' E SWALE AREA;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EF- IN THE MATTER OF FECTIVE DATE. A copy of these proposed Ordinances are on file in the office of Administrative Services,City Hall,100 West Dania Beach Boulevard, Dania Beach, Florida, and may be in- CHAPTER 4 spected by the public during normal working hours. Interested parties may appear at the aforesaid meeting t n and be heard with respect to the proposed. An I N THE CIRCUIT COURT, WAS PUBLISHED IN SAID N E W S P A P f who decides to appeal any decision made by Any City C Commission with respect to any matter considered at this THE I S S U E S O F hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the C , 101131 1 x proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act,per- ISA F F I A N T FURTHER SAYS THAT THE SAID SUN—SENTINEL ceedingsdshould assistance contactt Sheryl Chapman yActinq pCi y Clerk 100 West Dania Beach Boulevard, bania Beach, NEarAPER PUBLISHED IN SAID B R O W A R D/P A L M EEACH/D A D E Florida 33004,(954)924-3630 at least 48 hours prior to the meeting- CCIWYe FLORIDA, AND THAT THE SAID NEWSPAFER HAS HEF /s/ Charlene Johnson BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEAocttDep obe�y113t2000rk COUNTY., FLORIDA., EACH DAY, AND HAS BEEN ENTERED .AS SECOND CLASS MATTER AT THE POST OFFICE Ili FORT LAUDERDALE, IN SAID L'ROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE . YEAR NEXT PRECEDINE THE FIRST PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORFORATICN ANY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. n� m a(Sa m a m . a . . a a a . .. . m . . . . . ■ . m . . . a a■ . ■ ■ . m IGNATURE OF AFFIANT) SWOkN TO AND SUBSCRIBED BEFORE ME THIS 13 DAY OF OCTOBER A. D. 2000 a a a. tSI<SNATURE OF NOTARY PUBLIC) Tarai.Dezak !•;^Y COIa1I\91SS!0N H CC638935 EXPIRES July 20,2001 ,:�, EON^ED THRU TROY RAIN NSURANCE INC. a . a a a . . . . . ■ . . . . . . m . . . . . . . . . . a .. m ■ . . a CN �E OF NOTARY TYPED, PPINTED OR STAMPED) PERSONALLY KNOWN PRODUCED IDENTIFICATION . . . . . . . . . . . . . . . . .