(A)

Unauthorized street signs. It shall be unlawful for any person to put up or cause to be put up any sign designating a street, avenue or other public place by a different name from that which it is legally known, or to refuse to remove any such sign from his property when requested to do so by an officer of the city.

(B)

Injuring or removing street signs. It shall be unlawful for any person to willfully and maliciously injure, deface or remove any of the street signs posted at or near the corner of the streets in the city by the proper officials thereof.

(Ord. No. O-93-17, § 4, 10-20-93)

(A)

Swales in general: definition. The area immediately adjacent to the paved road surface extending to the right-of-way line or to the edge of the sidewalk is defined as the swale area, and is primarily intended for the drainage of the paved roadway by percolation of the water through the soil. Swale areas shall not be used for parking vehicles except for parallel parking in R-1 and R-2 districts. Swale areas shall not be obstructed in any manner except as permitted pursuant to this Code. The planting of trees is permitted in certain swale areas following the review and approval of the proposed locations and tree species by the city's development review committee (DRC). Swales shall be maintained by abutting property owners. Maintenance shall include the preservation of adequate sod and slope.

(B)

Residential zoning district design standards. Paved areas used for access to property across public rights-of-way shall comply with the following standards.

(1)

In R-1 districts and single-family sites in R-2 districts, up to twenty-four (24) feet may be paved on a lot with a width of less than seventy (70) feet. Up to thirty-six (36) feet may be paved on a lot with a width of seventy (70) feet or more and on corner lots.

(2)

In all other residential zoning districts the following swale areas may be paved:

(a)

On building site frontages of less than sixty (60) feet a maximum of twenty-four (24) feet;

(b)

On building site frontages of sixty (60) feet or more a maximum of thirty-six (36) feet;

(3)

Backout parking. On streets where backout parking is permitted, sixty (60) percent of the swale area may be paved, provided subsurface drainage is designed and installed in compliance with the City of Oakland Park Minimum Standards and Broward County Standards. Maintenance of drainage facilities shall be performed as needed by the abutting property owner.

(4)

Drainage. A Broward County Surface Water Management Permit shall be required for any renovation of an existing site other than routine repairs or maintenance.

(C)

Commercial and industrial zoning district design standards. Paved areas used for access to property across public rights-of-way shall comply with the following standards:

(1)

Paved areas shall not exceed the width of access drives as permitted by this Code.

(2)

On streets where backout parking is permitted, up to one hundred (100) percent of the swale area may be paved, provided subsurface drainage is installed in accordance with the City of Oakland Park Minimum Standards and Broward County Standards. Maintenance of drainage facilities shall be performed as needed by the abutting property owner.

(3)

Any reconstruction of an existing parking lot shall conform to section 24-94(B)(4) above.

(D)

Grading and sodding swale area:

(1)

Grading and sodding of the swale area shall be required in conjunction with any swale reconstruction, any construction or right-of-way improvement permit or when a building permit is issued for work on abutting property for which the cost of the work exceeds fifty (50) percent of the value of the property.

(2)

Swale areas shall be graded in accordance with the City of Oakland Park Minimum Construction Standards.

(3)

Sod shall not project above the paved surface of the roadway so as to inhibit drainage into the depressed swale.

(4)

Sanding of any sodded swale area shall not decrease the minimum swale depth specified, nor shall it inhibit drainage into depressed swales.

(E)

Approved paving materials in right-of-way. Approved materials for paving in swale areas shall be asphalt or removable concrete/grass pavers. Loose gravel, rock, or other unbound materials are prohibited. Driveways or parking areas constructed of concrete or other rigid substances are prohibited in public rights-of-way, except as provided in section 24-94(F) below, where the owner of the property provides joints in the drive on either side of existing or proposed utility lines.

(F)

Permits and inspections.

(1)

A construction or right-of-way improvement permit shall be obtained from the community development department prior to construction, grading, excavation, or other physical alterations within public rights-of-way, swale areas, or easements, except in the following instances:

(a)

The proposed construction, grading, excavation or other physical alteration is included in plans submitted and approved for a building permit by the community development department.

(b)

An emergency situation requires immediate action by a public utility to safeguard the public health, safety or welfare.

(2)

Prior to the installation of any concrete paving or other unauthorized material in any swale area, and prior to the issuance of a permit for such installation, a property owner shall execute a swale agreement with the city providing that the property owner or his successors in title shall be responsible for the expense of removal and replacement of such paving or other unauthorized material in the event the city is required to construct the swale area. The agreement shall contain an acknowledgement clause for the parties and shall be recorded at the property owner's expense in the public records of Broward County as notice to the property owner's successor in title of the obligation for the expense of the removal and replacement of such materials in the swale area.

(Ord. No. O-93-17, § 4, 10-20-93; Ord. No. O-1999-011, § 2, 6-2-99)

(A)

Grade and specifications. All sidewalks constructed, replaced or repaired within the city shall conform to the grade, plans and specifications prescribed in the City of Oakland Park Minimum Construction Standards.

(B)

Construction of sidewalks and bikeways. All plats shall include the construction of sidewalks in accordance with the City of Oakland Park Minimum Construction Standards unless specifically waived by the city commission. In addition, the city may require the installation of bikeways in plats adjacent to existing or planned bikeway systems.

(C)

New building construction. Any new primary building construction shall include the construction of sidewalks.

(D)

Duty to maintain existing sidewalks.

(1)

In general: The owners of real estate within the city shall keep existing sidewalks in good repair, and replace any sidewalk not in conformity with the requirements of the City of Oakland Park Minimum Construction Standards at the owners expense.

(2)

Notice to property owner: Upon the adoption of any ordinance or resolution by the city commission relating to repair or replacement of a sidewalk, the city clerk shall give the owner written notice of the adoption of such ordinance or resolution and requiring such owner, within thirty (30) days from the date of mailing the notice to replace or repair the sidewalk. Such notice shall be addressed to the owner at his last known address. The notice shall be sent by certified mail with return receipt requested.

(3)

Construction or repair by city:

(a)

If an owner notified pursuant to section 24-95(D)(2) above does not replace or repair such sidewalk within the thirty-day period, the city commission shall cause the sidewalk to be replaced or repaired in accordance with the requirements of this article.

(b)

Upon completion of the construction, replacement or repair of any sidewalk by the city, all costs and expenses incurred by the city shall constitute a lien against the property or lots adjoining and abutting on the street, avenue, boulevard, drive or thoroughfare on which the sidewalk is constructed, replaced or repaired, and shall be subject to enforcement as provided by section 20, article XVI of the Charter.

(Ord. No. O-93-17, § 4, 10-20-93; Ord. No. O-1999-011, § 3, 6-2-99)

(A)

Streets generally.

(1)

Conformity to city and county trafficways plans: The location, direction and width of all streets, roads and highways shall conform to the Broward County Trafficways Plan and the City Traffic Circulation Plan.

(2)

Relation to existing street system; names: The arrangement of streets in new subdivisions shall provide for the proper extension of existing dedicated streets in existing subdivisions, where such extension is appropriate. Streets shall bear numerical names, unless otherwise recommended by the community development department and approved by the city commission.

(3)

Provision for platting adjoining unplatted areas: The arrangement of streets in new subdivisions shall facilitate and coordinate with the desirable future platting of adjoining unplatted property, and provide for local circulation and convenient access to neighborhood facilities.

(4)

Protection from through traffic: Local and collector residential streets shall be laid out and arranged so as to discourage through traffic.

(5)

Arterial street frontage: Where a residential subdivision or residential property abuts an existing or proposed arterial street, marginal access streets, reverse frontage with screen plantings or a wall or both contained in a nonaccess reservation along the rear property line, deep lots with or without rear service alleys, or other treatment will be required for adequate protection and separation of residential properties and to assure separation of through and local traffic. Connections to state arterials are subject to adopted Access Management Standards and must be reviewed by the Florida Department of Transportation.

(6)

Plats adjacent to railroad, expressway or waterway rights-of-way: Where a subdivision borders on or contains a right-of-way for a railroad, expressway, drainage canal or waterway, a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land will be required. Such distance shall be determined with due regard for the requirements of approach grades for future bridges.

(7)

Reserve strips: Reserve strips of land of any size which control access to any street shall be prohibited except where deemed desirable by the community development department to prevent the use of a residential street by business or industrial traffic.

(B)

Private streets.

(1)

Platted subdivisions: All streets in platted subdivisions shall be dedicated to the public except that the city commission may permit private streets for good cause. Any such private streets shall meet all city standards except as provided in (2) below, including an access easement necessary to meet the right-of-way width as defined under subsection 24-96(E)(1).

(2)

Existing unplatted subdivisions and existing private streets: The city commission may recognize and permit private streets in existence at the time of adoption of this section which do not meet city standards for public streets and are located on properties which are exempt from the platting requirement under subsection 24-188(D) or are extensions of existing private streets. Private streets shall meet the minimum design criteria specified in the Florida Building Code as amended from time to time.

(3)

Requirements for building permits: No building permit for a principal building shall be issued on property fronting on a pre-existing or new private street unless the following criteria are met:

(a)

Provision for delivery of public services such as fire, refuse, sewer, water, cable, and others, must be deemed adequate by the provider of such services.

(b)

A homeowners association or other legal entity shall provide an agreement acceptable to the city attorney which specifies the means of maintaining the street.

(c)

The private street shall not act as a connector between any local, county, or state roads.

(d)

The subdivider shall obtain, provide the city with and record an access agreement for all properties abutting the private street in a format acceptable to the city attorney.

(e)

The subdivider shall obtain, provide the city with and record a hold harmless and access agreement from all abutting property owners to the City of Oakland Park for public service vehicle access to all properties abutting the private street in a format acceptable to the city attorney.

(f)

Building and parking setbacks shall be measured from the edge of the access easement.

(C)

Half or partial streets. New half or partial streets shall not be permitted as a means of providing access to a lot. However, in order to provide for future rights-of-way, where it appears reasonable that the owner of adjacent lands will provide the balance of a needed future right-of-way upon development of such adjacent lands, a partial street may be platted. Wherever a tract to be subdivided borders on a dedicated existing half or partial street, the other part of the street shall be taken into consideration in meeting requirements.

(D)

Dead-end streets. Dead-end streets shall be prohibited, except where appropriate as stubs to permit future street extensions into adjoining unsubdivided tracts or when constructed to the following standards with a turnaround:

(E)

Right-of-Way Widths.

(1)

Unless otherwise indicated or required by the comprehensive plan, street rights-of-way shall not be less than the following:

(2)

Additional right-of-way may be required to promote public safety and convenience, or to assure adequate access, circulation and parking in high density residential areas, commercial areas and industrial areas.

(3)

Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional rights-of-way in conformance with the above standards may be required.

(F)

Bikeways. Additional right-of-way and paving widths may be required to achieve segments of any Planned Bikeway System.

(G)

Excessive street widths; center island development of streets. Streets shall not be platted to a width more than one hundred fifty (150) percent of the minimum width specified in this article for the type of street involved. No street shall be platted for center island development except where such center islands may be desirable or necessary for traffic separation and safety as determined by the city engineer.

(H)

Street intersections.

(1)

Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than sixty (60) degrees.

(2)

Multiple intersections involving junctions of more than two (2) streets shall be prohibited except where found to be unavoidable by the city engineer.

(3)

Intersections with arterial streets shall be located not less than six hundred sixty (660) feet apart, measured from centerline to centerline.

(4)

Street intersections shall be directly aligned or with a minimum offset of two hundred fifty (250) feet.

(5)

Property line radii at street intersections shall be twenty-five (25) feet for local streets.

(I)

Street alignment.

(1)

Curvilinear streets are recommended for residential, local and collector streets.

(2)

Minimum design criteria as set forth in the State Minimum Standards shall apply.

(J)

Easements.

(1)

Dedicated easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be as specified by the provider of the service.

(2)

Where a subdivision contains a watercourse, drainageway, canal or stream, a storm water drainage and maintenance easement shall be provided.

(3)

Easements required for drainage and maintenance purposes shall be of a size and location as may be determined by the city engineer.

(K)

Blocks.

(1)

Generally: The length, widths and shapes of blocks shall:

(a)

Provide adequate building sites, suitable to the types of uses contemplated.

(b)

Accommodate lot sizes and zoning regulations for the district anticipated.

(c)

Provide adequate safe access, circulation and control of pedestrian and vehicular traffic.

(d)

Accommodate existing physical and topographic features of the land.

(2)

Crosswalks: Pedestrian crosswalks may be required where deemed necessary by the community development department to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities.

(L)

Lots.

(1)

Generally:

(a)

Arrangement and design: The lot arrangement and design shall be such that all lots will provide adequate building sites.

(b)

Application of zoning regulations: Lot dimensions and areas shall be not less than specified by provisions of the applicable zoning district regulations.

(c)

Street frontage: Every lot shall have permanent access to a street.

(2)

Side lot lines: Side lot lines shall be substantially at right angles or radial to street lines.

(3)

Double frontage and reverse frontage lots: Double frontage and reverse frontage lots for residential uses shall not be approved except where essential as determined by the community development department to separate residential development from arterial roads, incompatible uses or to resolve site constraints associated with topography, orientation or layout. A planting strip of at least ten (10) feet, across which there shall be no right of access, and/or a buffer wall or other physical barrier approved by the community development department shall be provided along the line of lots abutting an arterial road or incompatible use.

(M)

Areas reserved for recreation purposes. Where the area of the subdivision contains a site found by the city commission to be suitable and desirable for public recreation purposes, and the appraised value of the land exceeds the impact fee to be paid to the city, the city may allow the developer to plat such site for private development but to reserve it for acquisition by the city as a park. Such reservation shall be continued for a period not to exceed six (6) months after recording of the plat. At the end of the six-month reservation period, if the city has not contracted for acquisition of the site by purchase or has not instituted proceedings for its acquisition under eminent domain, the site may be developed as platted.

(N)

Canals and waterways. Where provided canals and waterways shall be constructed in accordance with the requirements of all regulatory agencies having jurisdiction.

(O)

Improvements required. All improvements constructed shall meet the City of Oakland Park Minimum Construction Standards.

(1)

Survey monuments: The subdivider shall provide and install permanent reference monuments as required by Chapter 177 F.S.

(2)

Grading: All streets, crosswalks and alleys shall be graded to their full width by the subdivider in accordance with city specifications and standards. Due to special topographical conditions, deviation will be allowed only with approval by the city engineer.

(3)

Storm drainage: The developer shall be required to construct a drainage system in accordance with Broward County and South Florida Water Management District requirements and all other regulatory agencies having jurisdiction. See also Sec. 24-117 and 118.

(4)

Paving: All streets of a subdivision shall be paved by the subdivider in full accordance with minimum construction standards adopted by the city.

(5)

Water supply system: A water distribution system connected to a public water system shall be provided by the developer to adequately serve all lots shown on the subdivision plat for both on-site use and fire protection. The developer shall design, construct, and connect a water supply system in accordance with all local, state and federal standards.

(6)

Sanitary sewers:

(a)

Sanitary sewers connected to a public sanitary sewage collection system shall be provided by the subdivider. The developer shall design and construct the lines in accordance with all local, state and federal standards.

(b)

The installation of individual septic tanks or other devices for sewage disposal in lieu of a sanitary sewer system shall not be permitted.

(7)

Utilities: All plats for subdivisions in excess of one acre shall make provision for construction of underground utilities unless specifically waived by the city commission. All development requiring site plan approval shall show utility locations.

Design criteria, materials, equipment and installation procedures shall be in accordance with the utility provider's standards.

(P)

Street widening and road reservations. For the purposes of implementing the Traffic, Parking and Circulation section of the Downtown Mixed Use Design Guidelines and generally promoting the health, safety and general welfare of the community and to lessen congestion in the streets; secure safety from fire, storm, hurricane and other causes; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to provide adequate facilities for transportation, parking, water and sewage; and to conserve the value of buildings and encourage the most appropriate use of lands, the new street lines so established and describe below are hereby considered and determined to be the existing lines of the streets.

(1)

Northeast 12th Terrace, a fifty-foot wide section from NE 35th Street to NE 36th Street with a centerline along an extension of the existing centerline of NE 12th Terrace.

(Ord. No. O-93-17, § 4, 10-20-93; Ord. No. O-1999-011, § 4, 6-2-99; Ord. No. O-2003-001, § 15, 2-19-03; Ord. No. O-2005-031, § 3, 10-5-05; Ord. No. O-2020-008, § 2, 6-17-20)

(A)

Who may file. An owner or owners of property abutting a street, alley, easement or other public way may make application to the community development department to vacate the public way within or adjacent to the property. If the applicant or applicants are not the only abutting property owner(s), or if the property proposed for vacation serves any other property owner(s), a signed and notarized consent form from each such other property owner must be submitted with the application.

(B)

Fee. A fee as specified in the Land Development Fee Schedule shall be submitted with an application for the vacation of a public way.

(C)

Public hearings; notifications. Advertised public hearings required by State Statute, City Charter or the City Code of Ordinances shall be held before the planning and zoning board and city commission when required and a notice of such hearing shall be mailed to the affected property owners when and as required.

(Ord. No. O-93-17, § 4, 10-20-93)