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Here’s The Scoop …Annexation…The Unincorporated Broward History…..Studies…Analysis…Effect….The Code…

THE HISTORY OF UNINCORPORATED BROWARD COUNTY….THE PLAN…TO FULLY ANNEX IT…OR SELF INCORPORATE BY 2010….

worth a read…

http://www.cuesfau.org/studentpapers/urp6545/URP6545_AnnaDelavoe_paper_UnicBroward.pdf.

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Keith and Schnars study…(excerpt)…

May, 1
Page 2 of 10
The City of Pompano Beach Zoning
The City of Pompano Beach has suggested the following three options for transitioning
to the City’s zoning ordinances within the Intracoastal Beach Area:
1.
Continue with existing Broward County zoning districts and
application of County zoning regulations for an indeterminate
amount of time.
2.
Initiate a comprehensive rezoning of the Intracoastal Beach Area
with conversion of County zoning districts to the most similar City
districts in terms of density and permitted uses.
3.
Create a master overlay district for the Intracoastal Beach Area,
which establishes density, allowable use of property, and property
development standards as contained in the current County
regulations as well as any refinements desired by particular
neighborhoods or condominium associations.
The Town of Lauderdale-By-The-Sea Zoning
The Town Administration has indicated that the Town would maintain the status quo
by adopting and administering the Broward County zoning code presently in place.

http://www.naturescapebroward.com/planningservices/cni08700.pdf.

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(excerpt….)

PAGE: 2
II. SUBSTANTIVE ANALYSIS:
A. DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES:
1. Less Government
Yes []
No [X]
N/A []
2. Lower Taxes
Yes []
No []
N/A [X]
3. Individual Freedom
Yes []
No []
N/A [X]
4. Personal Responsibility
Yes []
No [X]
N/A []
5. Family Empowerment
Yes []
No []
N/A [X]
For any principle that received a “no” above, please explain:
1. This bill potentially increases government regulations. Under the bill’s provisions, the Town
of Lauderdale-By-The-Sea is authorized to use its police powers and jurisdiction in an area (the
surrounding 3 miles of tidal waters) previously not authorized. The Town of Lauderdale-By-
The-Sea may pass ordinances, which were not previously allowed, which regulates personal
sea crafts, house boats, etc., within the tidal waters.
4. This bill may decrease some individuals’ freedom as it allows the Town of Lauderdale-By-
The-Sea to place certain restrictions on individuals located within 3 miles of tidal waters
adjacent to the municipality

http://www.flsenate.gov/data/session/2001/House/bills/analysis/pdf/2001h0829a.lgva.pdf.

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(excerpt…..)

Effect of Annexation on an Area
Upon the effective date of an annexation, the area becomes subject to all laws, ordinances and
regulations applicable to other city residents. An exception occurs pursuant to s. 171.062(2), F.S., in
that if the area annexed was subject to a county land use plan and county zoning or subdivision
regulations, these regulations remain in effect until the municipality adopts a comprehensive plan
amendment that includes the annexed area. In contractions, excluded territory is immediately subject to
laws, ordinances and regulations in effect in the county.
Affected persons who believe they will suffer material injury because of the failure of the city to comply
with annexation or contraction laws as applied to their property can appeal the annexation ordinance.
They may file a petition within 30 days following the passage of the ordinance with the circuit court for
the county in which the municipality is located seeking the court’s review by certiorari. If the appeal is
won, the petitioner is entitled to reasonable costs and attorney’s fees.
Finally, any changes in municipal boundaries require revision of the boundary section of the
municipality’s charter. Such changes must be filed as a charter revision with the Department of State
within 30 days of the annexation or contraction

http://www.flsenate.gov/data/session/2004/House/bills/analysis/pdf/h1411.lgv.pdf.

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THE TOWN CODE….SITED BY THE ADMINISTRATION…last updated 2003….

ARTICLE II.  PARKING, STOPPING OR STANDING


Sec. 19-21.  Parking or storage of motor vehicles and vessels.
(a)   Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)   Commercial motor vehicle or commercial vehicle means any motor vehicle that has one or more of the following characteristics:
a.   Weighs in excess of 10,000 pounds. The weight of the vehicle as listed on the vehicle registration is prima facia evidence of the weight of the vehicle;
b.   Is designed to transport more than ten people;
c.   Is used in commerce;
d.   Displays lettering, signs or advertising identifying a business or other non-personal use of any kind;
e.   Possesses built-in, exterior storage compartments;
f.   Holds tools, equipment, supplies or any other material, refuse or debris that is clearly visible; or
g.   Has fixtures or attachments on the exterior of the vehicle utilized to hold tools, supplies or equipment; or
h.   Is otherwise defined by reference to F.S. ch. 320, as a truck/tractor, semi-trailer, bus, ambulance, trailer, wrecker, hearse or truck, except that pick-up trucks are not prohibited unless it otherwise falls within one of the classifications of commercial vehicle as provided herein.
i.   The definition of commercial vehicle shall not include a vehicle owned by the Town, the volunteer fire department, or any governmental agency which provides emergency services in the Town.
(2)   East zone includes all property east of the western property line of those properties abutting State Road A-1-A to the west.
(3)   For-hire vehicle means any vehicle when used for transporting persons or goods for compensation.
(4)   Motor home means a movable structure designed for use as a temporary or permanent place of dwelling.
(5)   Personal watercraft means any vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel. The term “personal watercraft” shall include, but is not limited to, those vessels commonly referred to as jet skis, wave runners, sea doos or surf rockets.
(6)   Recreational vehicle means any vehicle or portable structure designed primarily to provide temporary living quarters for recreation, camping or travel use either a vehicular structure mounted on wheels, self-powered or designed to be pulled by another vehicle or a structure designed to be mounted upon and carried by another vehicle. This definition includes, but is not limited to, any vehicle listed below as may be further defined by reference to Florida Statutes as a travel trailer, camping trailer, camp bus or house bus, truck camper, motor home, mobile home, motor coach, or fifth-wheel trailer.
(7)   Registered vehicle or registered vessel shall mean any vehicle or vessel that is issued a current state issued certificate of registration.
(8)   Trailer means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle.
(9)   Vessel includes every description of boat, watercraft, barge and airboat used or capable of being used as a means of transportation on water.
(10)   West zone shall be from the western property line of those properties abutting State Road A-1-A to the west extending to the western boundary of the Town.
(b)   Restrictions and prohibitions. In the east and west zones as defined in this section, vessels, commercial vehicles and recreational vehicles are prohibited and restricted as hereinafter set forth.
(1)   Commercial vehicles, recreational vehicles and vessels are prohibited from being parked overnight in a metered parking space within the Town.
(2)   Unregistered commercial vehicles, recreational vehicles or vessels are prohibited from being parked or stored within the boundaries of the Town unless wholly enclosed within a garage.
(3)   East zone.
a.   Registered commercial vehicles or recreational vehicles must comply with the following.
1.   At all times, the vehicle must fit within the single parking space within which it is parked unless it is parked in a private parking lot obscured from view from the street and neighboring properties.
2.   The vehicle cannot protrude into a side or rear setback, sidewalk or right-of-way.
3.   The vehicle must be parked on concrete, asphalt, or some other type of impervious ground cover as approved by the Town and may not be parked, stored, or maintained on the grass.
b.   Registered vessels, personal watercraft and their trailers may be parked, stored or maintained in the Town on private property with the consent of the owner, subject to the following conditions:
1.   Vessels, personal watercraft and their trailers are prohibited from protruding into a sidewalk or right-of-way.
2.   The vessel, personal watercraft and its trailer must be parked on concrete, asphalt or some other type of impervious ground cover as approved by the Town and may not be parked or stored on grass.
3.   Vessels and personal watercraft under 21 feet in length and under ten feet in height may be stored in the rear of the private property only if it is covered and cannot be seen from the street or the neighboring properties.
c.   No commercial vehicle, recreational vehicle, vessel, personal watercraft or trailer shall be parked, stored or maintained:
1.   So as to be visible from Bougainvilla Drive;
2.   On any portion of the public or private beaches;
d.   Recreational vehicles, as defined herein, are prohibited from parking in any public parking space or public parking lot in the east zone of the Town. For the purpose of this parking restriction, the east zone shall be as defined as the area of the Town east of a line which runs north and south from the southern jurisdictional boundary of the Town to the northern jurisdictional boundary of the Town along the east right of way line of Seagrape Drive, or the projected line of Seagrape Drive north and south of its terminus.
(4)   West zone.
a.   It shall be unlawful for any person to park, store or maintain any commercial vehicle, recreational vehicle, vessel, personal watercraft or trailer on the streets, rights-of-way, or public or private property in any district of the Town located in the west zone between the hours of 9:00 p.m. and 6:00 a.m. except as provided below.
b.   Uses not prohibited. Nothing herein shall prohibit the parking of commercial vehicles in the west zone while in the process of making deliveries or service calls.
c.   Commercial vehicles, recreational vehicles, vessels, personal watercrafts or trailers must be wholly enclosed within a garage or enclosed within a carport surrounding the vehicle on three sides and the vessel or vehicle does not protrude from the carport.
d.   A for-hire vehicle utilized for the temporary moving of personal property may be parked in view overnight, with a temporary permit issued by the Town, not to exceed three nights.
e.   Registered vessels, personal watercraft and their trailers may be parked, stored or maintained in the west zone of the Town on private property with the consent of the owner, subject to the following conditions:
1.   Neither the vessel nor its trailer may protrude into a side or rear setback. The enforcement of this provision shall be deferred until January 25, 2001 for any vessel owned prior to July 1, 2000 provided said vessel is registered with the Town Police Department prior to July 1, 2000.
2.   The vessel, personal watercraft or vehicle must be wholly enclosed within a garage or enclosed within a garage or enclosed within a carport surrounding the vessel or vehicle on three sides and the vessel, personal watercraft or vehicle does not protrude from the carport. The enforcement of this provision shall be deferred until January 25, 2001 for any vessel owned prior to July 1, 2000 provided said vessel is registered with the Town Police Department prior to July 1, 2000.
3.   The vessel and its trailer must be parked on concrete, asphalt or some other type of impervious ground cover as approved by the Town and may not be parked, stored or maintained on the grass.
4.   Vessels under 21 feet in length and under ten feet in height and personal watercraft may be stored in the rear of the private property only if it is covered and cannot be seen from the street or the neighboring properties.
f.   A recreational vehicle or trailer may be parked overnight for no more than three consecutive days, twice in any calendar month, and then only when the vehicle is registered with the Town and the property owner or property occupant has notified the Town that the vehicle is being parked on the property.
g.   Overnight occupancy of a recreational vehicle parked in the Town is prohibited.
(c)   Enforcement.
(1)   Violations pertaining to the improper parking or storage of a motor vehicle shall be in conformity with the provisions of the Florida Uniform Traffic Laws as provided in Florida Statutes.
(2)   The Town may enforce the provision of this Code by supplemental Code or ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes; or
(3)   The Town may prosecute violations by issuance of notices to appear for violation of a Town ordinance, in which case, the penalty for a violation shall be as follows:
a.   First violation . . . $50.00
b.   Second violation within 12 months of adjudication of first violation . . . 100.00
c.   Third violation within 18 months of adjudication of first violation . . . 500.00
Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine.
(4)   Any violation of this section shall constitute a nuisance. The Town Attorney may bring suit on behalf of the Town, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of F.S. ch. 60, entitled Abatement of Nuisances.
(5)   Violations of this article shall be enforceable by arrest, provided such arrest is made pursuant to F.S. ch. 901.
(Code 1962, § 23-5; Ord. No. 359, § 1, 11-22-94; Ord. No. 429, §§ 2, 4, 1-25-00; Ord. No. 437, § 2, 5-23-00; Ord. No. 472, § 2, 5-8-01; Ord. No. 03-505, § 2, 2-11-03)
more to come….

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