HomeMy WebLinkAboutO-2010-020ORDINANCE, NO. 20I O-O2O
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PROVIDING FOR THE ADOPTION OF THE LAND DEVELOPMENT CODE
OF TI{E CITY OF DANIA BEACH, FLORIDA IN ACCORDANCE WITH
SECTION 163.3194, FLORIDA STATUTES, AND ALSO PROVIDING FOR
THE ADOPTION OF THE AMENDED OFFICIAL ZONING MAP OF THE
CITY; PROVIDING FOR THE CREATION OF ZONING DISTRICTS AND
CATEGORIES; PROVIDING FOR CHANGES TO THE REGULATIONS OF
PERMITTED, CONDITIONAL, AND PROHIBITED USES IN ALL ZONING
DISTRICTS; PROVIDING FOR REGULATIONS OF DEVELOPMENT AND
REDEVELOPMENT OF ALL STRUCTURES AND USES IN ALL ZONINGDISTRICTS; PROVIDING FOR DEFINITIONS: PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach (..City Commission")
finds it periodically necessary to amend its code of ordinances ("code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS' Article VII, Section 2 olthe Florida Constitution, and Chaprer 166, Florida
Statutes. provide municipalities with the authority to exercise any power for municipal purposes.
except where prohibited by law. and to adopt ordinances in furtherance of such purposes; and
WHEREAS, Chapter 163, Florida Statutes, Part II. known as the Local Govemment
comprehensive Planning and Land Development Regulation Act, requires, authorizes, and
empowers a municipality to implement and enforce its Comprehensive Plan through the adoption
ofland use regulations and an official zoning map; and
WHEREAS' objective v of the Furure Land Use Element of the city of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the Comprehensive plan; and
WHERT,AS' the city commission desires to adopt a comprehensive amendment to the
city's land development regulations known as "oneCode", to unify the city's regulations of
zoning and land development into a single Land Development code, which is attached and
incorporated as Exhibit "A"; and
WHEREAS' during the preparation of the proposed Land Development code, the city
conducted several Community Appearance Standards Workshops, at which citizens and residents
of the city were asked to conment and vote on specific issues of local land development
regulation, and to provide input in identifying other areas ofconcern; and
WHEREAS, the City Commission finds that the adoption of the unified City of Dania
Beach Land Development Code will incorporate innovative land development regulation
techniques, and will create a cohesive and unified regulatory scheme which provides for ease of
use and application of development regulations within the City; and
WHEREAS, as part of the City's comprehensive update to its land development
regulations through "OneCode". new zoning district classifications were added to the City's
Land Development Code text to implement the City's planning goals consistent with the Future
Land Use Element of the Comprehensive Plan; and
WHEREAS, the City Commission further finds that, in conjunction with the adoption of
the Land Development Code, it is necessary to adopt an updated official zoning map ofthe City
in order to reflect the creation and application of additional zoning districts, and to provide for
amendments to the zoning classifications ofvarious parcels within the City; and
WHEREAS, the official zoning map, attached as Exhibit "B", implements the changes
to the zoning district classifications accomplished by the Land Development Code and is
incorporated into it: and
WHEREAS, the Planning and Zoning Board. sitting as the City's Local Planning
Agency, has reviewed the Land Development Code and Official Zoning Map, and has
determined that, in accordance with Section 163.3194. Florida Statutes, the proposed Land
Development Code and Official Zoning Map are consistent with the City's Comprehensive Plan;
and
WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given
by publication in a newspaper of general circulation in the City, notifying the public of this
proposed ordinance and ofthe time and dates ofthe public hearings; and
WHEREAS, two (2) public hearings before the City Commission were held pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of the City of Dania Beach Land
Development Code and amended Official Zoning Map through its police powers will protect the
public health, safety, and welfare of the residents of the City, and furthers the purpose, goals,
objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
2 oRDTNANCE #2010-020
PASSED AND ADOPTED on second reading on September 14,2010.
'S FriI
ATTES f,:od
LOUISE STI[,SON. CMC
CITY CLERK
APPROVED AS TO
THOMA J. AN
C. K. McELYEA
MAYOR.COMMISSIONER
CITY ATTO Y
R
o D('SS
ORDINANCE #2O IO.O2O
Section 1. Recitals. That the preceding "Whereas" clauses are ratified and
incorporated as a record of the legislative intent of this Ordinance.
Section 2. Adopting City of Dania Beach Land Development Code. That the City
of Dania Beach. Florida Land Development Code consisting of the text attached in Exhibit "A".
is adopted in its entirety as the official land development regulations goveming land use and
development within the incorporated area olthe City of Dania Beach, Florida.
Section 3. Adopting Amendment of City of Dania Beach Official Zoning Map.
That the City of Dania Beach, Florida Zoning Map, as attached hereto in Exhibit "B", is adopted
in its entirety as the official zoning map of the City of Dania Beach, and made part of the City's
land development regulations applicable within the incorporated area of the City of Dania Beach.
Florida.
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 ofthe remaining portions ofthis Ordinance.
Section 5. That the provisions of this Ordinance shall become and be made a part of
the Land Development Code of the City of Dania Beach, Florida, that sections of the Code of
Ordinances may be renumbered or relettered to accomplish such intentions, and that the word
"Ordinance" shall be changed to "Section," "Article" or other appropriate word.
Section 6. That this Ordinance shall take effect immediately a1 the time of its passage
and adoption.
PASSED on first reading on August 24,2010.
J
EXHIBIT *A"
1 oRDINANCE #2010-020
Table of Contents Land Development Code
QUICK FIND USER GUIDE xxr
ARTICLE 1OO. GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS...1
Sec. 100-10. Purpose of this article..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'l
Sec. 1 00-20. How to use Part I of this code. .. ..... .... ... ....... ........... ... 1
Sec. 100-30. General use regulations applying to all zoning districts. ...........1
Sec. 1 00-40. lnterpretation of permitted and conditional uses. ....1
Sec. 100-50. Certificates of use................ .............................2
Sec. 100-60. Establishment of zoning districts. .....................2
ARTICLE 105. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING
orsTRtcTs. ...........................9
Sec. 105-10 Applicability. ...... .. ......... ........9
Sec. 105-20. List of residential and open space districts permitted, special exception and
prohibited uses. ................ .............................9
Sec. 105-30. Use, docking and repair of boatsinresidentiallyzonedwatenruays..................11
Sec. '105-40. Townhouses..... .......................1.1
Sec. 105-50. Multi-family dwellings (apartments) in the RM, RM-1 and RM-2 districts. .........12
Sec. 105-60. Swimming poo|s................ .............._..............12
Sec. '105-70. Accessory uses in multi-family dwellings. ............... .. ............ i3
Sec. '105-80. Home occupations.................... . ... .. ..............13
Sec. 105-90. Outdoor storage containers. ........ ..............j4
Sec. 105-100. Home and residential common area assembly uses.................... ............ ......16
Sec. 105-110. Parking and storage of mobile living units. ................ ............17
Sec. '105-120. Parking of commercial vehicles in residential zoning districts. ........................11
Sec. 105-130. Parking of recreational vehicles in residential zoning districts.. ........................17
Sec. "105-140. Restrictions on parking commercial and recreational vehicles in residential
areas. ............... ...................19
Sec. 105-150. Reserved.......... .. ...............19
Sec. 105-160. Accessory buildings and structures. ............. 19
Sec. 105-170. Community residential homes and residential care facilities............ ..............19
Sec. 105-180. Detailed use regulations for the E-1 District ...,....... .............2O
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Table of Contents Land Development Code
Sec. 105-190. Places of worship in the RS-6000 District....... ... ...................20
Sec. 105-200. Mobile home parks and mobile home subdivisions in the RMH District. .........20
Sec. 105-210. Mechanical amusement devices in RM districts. ................... 20
Sec. '105-220. PRD-1 District supplemental regulations. ..............................20
ARTICLE 1,I0. USE REGULATIONS FOR COMMERCIAL AND MIXED.USE DISTRICTS.".22
Sec 110-10. Applicability .... ...................22
Sec. 110-20. List of permitted, special exception and prohibited uses...................................22
Sec. 110-30. Caretaker orwatchman quarters within commercial districts............................25
Sec. 110-40. Pain management c1inics............ ....................25
Sec. 110-50. Proximity of alcoholic beverage establishments to other establishments and
uses... ... ....... ... . .
Sec. 1 10-60. Mechanical amusement devices.............
Sec. 1 10-70. Reserved..........
Sec.110-80'AutorentallotS,.,,...,..,,.'''.''
Sec. 110-90. Motor fuel pumps and minor automobile repair establishments. . .. . .. ...... .....
Sec. 1'l0-100. Hote|s...... ........
Sec. 1 10-1 10. Reserved..........
Sec. 'l '10-120. Large retail establishments..
Sec. 1 1 0-1 30. Storage containers. ...................
Sec. 1 1 0-140. Reserved..........
Sec. 110-150. Accessory assembly, repair, and fabrication.........
Sec. 1 1 0-1 60. Outdoor produce sales. ...............
Sec. 1 1 0-170. Wet or dry stack marina and related facilities.
Sec. 1 '10-'180. Residential Office (RO) District supplemental regulations
Sec. 1 10-190. Uses subject to minimum separation distances,
Sec. 1 1 0-200. Outdoor restaurant seatin9..............
Sec. 110-210. Outdoor storage of new materials and equipment for sa|e............ .
Sec. 110-220. Drive{hrough facilities... ........
Sec. 1 1 0-230. Residential care facilrties. ...
ARTICLE ll5. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE.
Sec. '1 '15-10. Applicability.
Sec. 1 15-20. How to use this article.
Sec. 115-30. Port Everglades Development District (PEDD).
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Sec. 11540. Schedule of permitted uses. ........... . . ...........34
20Sec. 115-50. Conditrons of use. ..............
Sec. 115-60. Adult entertainment establishments............ . . .. ......49
PART 2 SITE DEVELOPMENT REGULAT|ONS.................................... 54
ARTTCLE 200. USER GUTDE FOR PART 2 0F THE CODE...... ....................54
Sec.200-10. Purpose............ ........ . .........54
Sec. 200-20 Applicability .. .. . . . ... . .. . . .. 54
Sec.200-30. How to use part 2 of this code, generally. ...... ......................54
Sec. 200-40. How part 2 of this code relates to the CRA form-based regu|ations..................54
ARTICLE 205. TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL
ZONING DISTRICTS
.EXCLUDTNG THE CRA FORM-BASED DISTR|CTS (SEE PART 3 OF CODE).....
Sec. 205-10. Schedule of lot. yard and bulk regulations.
ARTICLE 2IO. SUPPLEMENTAL LOT REGULATIONS
Sec. 210-10. Measurement of required lot area and dimensions. ...... ...........63
Sec. 210-20. Lots that do not comply with minimum area or dimensional requirements. .......64
Sec.210-30. Street frontage required. ... ...........................64
ARTICLE 215. SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
TMPERVTOUS AREA AND OPEN SPACE. ............................65
Sec.215-10. Yard regulations, generally......... ....................65
Sec.215-20. Yard requirements for corner lots. .................. .........................65
Sec.215-30. Yard requirements for multiple frontage lots. .................. .........66
Sec. 215-40. Through lots. .................. .... . . ......... .. ........67
Sec. 215-50 Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-8000, RS-
6000, NBHD-RES, and RD-8000 Districts. .............. .. .........68
Sec. 215-60. Permitted yard encroachments in the RM, RM-l and RM-2 districts.................69
Sec. 215-70. Permitted yard encroachments in the C-l,C-2, C-3, and C-4 Districts.............70
Sec. 215-80. Permitted yard encroachments in otherzoning districts........... .. .....................70
Sec.215-90. Accessory structure setbacks........... ..............7O
Sec. 215-100. Waterway setbacks. ............71
Sec.215-1 10. Special setbacks for certain uses and zoning districts. ..........7j
Sec. 2'15-'120. Separation between buildings and structures on the same lot, or within a
unified development. .................. ..................71
Sec. 215-130. lmpervious area standards. ..........................73
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ARTICLE 220, SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS
(INcLUDING LOWEST FINISHED FLOOR); ROOFTOP REGULAT|ONS..............................74
Sec. 220-10. Height measurements and general exceptions.................................................74
Sec. 220-20. Airspace restrictions on allowable height; Federal Aviation Administration
Sec. 220-30
review. .............. ...................74
Additional height allowance in exchange for increased open space in multiple-
famify residential districts........... ..-................75
Reserved.......... ..................... 75
Special height restrictions for certain uses. ....... ..... ....... .......76
Rooftop mechanical equipment. ..............,......76
Accessory structure height. .............. ..............76
TNTERSECTTON VISIBILITY STANDARDS... ........................77
lntersection vision................ ..................... ....77
SPECIAL FLOOR AREA, BUILDING DIMENSION AND BUILDING SIZE
Sec. 220-40.
Sec. 220-50.
Sec. 220-60.
Sec.220-70.
ARTICLE 225.
Sec. 225-'10.
ARTICLE 230.
STANDARDS
Sec. 230-10.
Sec.230-20.
Sec.230-30.
Sec.230-40.
Maximum building length requirements.
Caretaker or watchman quarters.
Reserved. .........
Minimum floor areas for dwellings and lodging units..................
WALLS, FENCES AND HEDGES.
Placement of walls, hedges and fences...............
Height measurement. ................
Requirements for placement within required yards................
Materials.
Orientation........
DOCKS AND MOORING STRUCTURES.
Dock signage.
Construction of accessory boat slips and docks on wateMays, limitations. ......
PAVING, EXCAVATION AND FILLING,,
Permit required.
Minimum paving standards. . ... . ......... . .. . .
Excavation permits. ............
Excavation requirements. ...
Locational restrictions on excavation activities.
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ARTICLE 235.
Sec. 235-10.
Sec. 235-20.
Sec. 235-30.
Sec. 235-40.
Sec. 235-50.
ARTICLE 240.
Sec 240-10.
Sec 240-20.
ARTICLE 245.
Sec. 245-10.
Sec.245-20.
Sec.245-30.
Sec. 245-40.
Sec. 245-50.
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Table of Contents Land Development Code
Sec. 245-60. Excavation standards. ...........85
Sec. 245-70. Lake filling definition. ........... 86
Sec. 245-80. Lake filling permit application requirements. . .. .. . . ... ......... ... 86
Sec. 245-90. Lake filling regulations. ....... .. .. .. .. . ........ ..87
Sec. 245-1 00. Site drainage requirements. .. .. .. . .. ......... 87
ARTTCLE 250. WLDLIFE PROTECTION. ............................88
Sec. 250-10. Wildlife protection requirements. ...... .. ..... . .88
ARTICLE 255. ENVIRONMENTALLY SENSITIVE LANDS; WELLFIELD PROTECT|ON...... 89
Sec. 255-'lO. Environmentally sensitive lands................. ..............................89
Sec. 255-20. Potable water wellfield protection. . ................ ..... ..................... 89
ARTICLE 260. AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD REGULATIONS.....90
Sec.260-10. Airport proximity and navigational hazard regu|ations.......................................90
ARTTCLE 265. OFF-STREET PARKING REQUIREMENTS. ...................................................91
Sec.265-10. Purpose............ .....................91
Sec. 265-20. Off-street parking space definition; dimensions. ......................91
Sec. 265-30. Vehicular stacking space definition; dimensions. ...... ...............91
Sec. 265-40. lnterpretation of off-street parking requirements...................................... ........91
Sec. 265-50. Off-street parking required; on-street parking credit.... .............92
Sec. 265-51 . Minimum off-street bicycle parking requirements. .... ... ... ......... . 98
ooSec. 265-60. Alternate parktng standards.......................
Sec. 265-70. Use of off-street parking facilities . .......... ...... ... 99
Sec. 265-80. Off-site parking facilities. .............. ....... ... ... ..... 99
Sec. 265-90. Parking reductions for mixed use development. ....................... .....................100
Section 265-91 . Parking reductions for transportation demand management strategy
implementation within the CRA.................. .. .......... ............ .. 1 01
Sec. 265-92. Payment in-lieu of providing off-street parking .............. ... ....... 1 03
Sec. 265-'100. Design standards for residential parking spaces utilizing individual driveways or
back-out parking............. ............................ 106
Sec. 265-1 10. Design and construction standards for parking lots. .....................................107
Sec. 265-120. AttendanUvalet parking.............. .................110
Sec. 265-130. Parking in required yards................ ............111
Sec. 265-140. Structured parking facilities ... ...... ... . .. . .. . . . .. . 1 1 1
Sec. 265-1 50. Design standards for surface parking lot and parking structure driveways. ... 1 'l 2
Sec. 265-160. Separation requirements applicable to all driveways. ..........112
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Table of Contents Land Development Code
Sec. 265-'170. Nonconforming parking facilities
ARTICLE 270. OFF.STREET LOADING REQUIREMENTS
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Sec. 270-10.
Sec.270-20
Sec 270-30.
Sec. 270-40.
Sec. 270-50
Sec. 270-60.
ARTICLE 275.
Sec. 275-10.
Sec.275-20.
Sec.275-30.
Sec.275-40.
Sec. 275-50.
Sec. 275-60.
Sec 275-70.
Sec. 275-80.
Sec. 275-90.
Sec. 275-100
Sec. 275-1 10
Sec.275-120
Sec. 275-1 30
Sec.275-140
Sec 275-150
Sec.275-160
Sec. 275-170
Sec. 275-180
Sec 275-190
Sec.275-200
Sec.275-210
Loading space definition; dimensional requirement.
Off-street loading req uired
I nterpretation of off-street loading requirements. .................
Alternate loading zone standards.
Design standards. . ........... .... ......
Construction standards. .......
LANDSCAPING REQUIREMENTS.,......,..,...........
Declaration of legislative intent; applicability.............. ......
Definitions.
Landscape Manual. ............
Planting prohibited... ... ....
Existing nonconforming vehicular use areas........
Native plant material.............
Variance. ..........
Landscape plans required.
Perimeter buffer landscape requirements for vehicular use areas (VUAs). .....
lnterior landscape requirements for vehicular use areas (VUAS). .................
Perimeter buffer landscape requirements for areas separating business,
commercial, mixed-use residential/commerclal, and industrial property from
residential property.
Perimeter buffer landscape requirements for business, commercial and
industrial properties.
Perimeter buffer landscape requirements for residential properties.
Landscape requirements for other non-vehicular open space.......
Landscape requirements for vacant residential properties.........
Landscape requirements for single-family and duplex lots............................
Landscape requirements for screening.....
Sight distance for landscaping adjacent to street intersections and points of
4ccess. ... .. ... ... ..
Plant material and installation requirements.
Requirements for certificate of occupancy. ...
Enforcement and Penalties.
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ARTICLE 280. OUTDOOR LIGHTING STANDARDS...
Sec. 280-10. Purpose. intent and applicability.
Sec. 280-20. Definitions.
Sec. 280-30. Prohibited outdoor lighting.
Sec. 28040. Outdoor lighting standards.
Sec. 280-50. Outdoor lighting permits.
Sec. 280-60. Maintenance.....
ARTICLE 285. EMERGENCYGENERATORS...................
Sec. 285-10. Emergency generators in residential districts.
Sec. 285-20. Emergency generators in nonresidential districts.
ARTICLE 286. SATELLITE DISH ANTENNAS.................
Sec. 286-1 0. Definition.
Sec. 286-20. Location.
Sec. 286-30. Permit. ... ...... .....
Sec. 286-40. Existing satellite dishes. .............
Sec. 286-50. Antennae serving more than one place or business.
ARTICLE 290. GARBAGE DUMPSTERS
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Sec
Sec
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290-10. lntent.
290-20. Enclosure required; removal for collection............
290-30. Applicability and exemptions.
290-40. Minimum enclosure size. ..................
290-50. Dumpster and enclosure design and construction
290-60. Maintenance................
290-70. Location and access requirements.
290-80. Waivers. ......................
290-90. Administrative modification of standards
290-1 00. Amortization.
PART 3 SPECIAL ZONING DISTRICTS. ......140
SUBPART 1. COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING
DISTRICTS
ARTICLE 3OO. HOW TO USE.
Sec. 300-10. The CRA is divided into six form-based districts........
Sec. 300-20. How to determine permitted uses. .......... ......
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How to determine the buildable area of a lot, allowable density and building
hei9ht.............. .................141|
How to determined the allowable kinds of buildings; an explanation of building
1ypes................. .................141
How to determined the allowable kinds of building fronts; an explanation of
frontage types. ................ ............................142
Olher development regulations.. ...................142
Commonly used abbreviations..................... .........................142
1ntent................ ...................143
LEGAL AND ADMtNtSTRAT|VE pROV|StONS............................................145
Short tit|e..... .... ...................145
Applicability. ........................145
Nonconformities ..................145
Site plan procedures. ..........145
Variations in design; procedure for review of design variations....................... 146
DETATLED USE REGULATTONS. ............... ........................147
Permitted, special exception and prohibited uses...........................................147
SEC. 302-15. USE NOT SPECIFICALLY LISTED
Sec. 300-30.
Sec 300-40.
Sec.300-50.
Sec 300-60.
Sec. 300-70.
Sec. 300-80.
ARTICLE 301.
Sec.301-'10
Sec. 301-20.
Sec. 301-30.
Sec 301-40.
Sec.301-50.
ARTICLE 302,
Sec. 302-10.
Sec. 302-40.
ARTICLE 303.
Sec. 303-10.
Sec.303-20
Sec. 303-30
Sec. 303-40
Sec. 303-50.
Sec. 303-60.
Sec.303-70.
Sec.303-70.
Sec. 303-80
Sec. 303-90.
ARTICLE 304.
Sec. 304-10.
Sec. 302-20. Conditions of use. .....
Sec. 302-30. Other use regulations
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Mixing of uses. .......... ...... ............................. 155
DtsTRtcT DEVELOPMENT STANDARDS .......................... {57
Applicability. ........................157
Abbreviations used in this artic|e............... ............................ 157
lllustrated development standard definitions; interpretation. ...........................157
City center (CC) district. ...... ......... ..............162
NBHD-MU, neighborhood mixed-use district. ............. ...........166
EDBB-MU, east Dania Beach Boulevard mixed-use district. ............. ............168
GTWY-MU,beachgatewaymixed-usedistrict.............. ........170
GTWY-MU, beach gateway mixed-use district. ............. ........171
SFED-MU, South Federal Highway corridor mixed-use district.......................174
NBHD-RES, neighborhood residential district............... .........177
BUILDING HEIGHT AND TRANSITION REGULATIONS..............,..,........... 179
Generally.......... ...................179
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Table of Contents Land Development Code
Sec. 304-20.
Sec. 304-30.
ARTICLE 305.
Sec. 305-10.
Sec.305-20.
Sec. 305-30
Sec.305-40.
Sec 305-50.
Sec.305-60
ARTICLE 306.
Sec. 306-10.
Sec 306-20.
Sec. 306-30.
Sec. 306-40
Sec 306-50.
ARTICLE 307.
Sec. 307-10
Sec. 307-20
Sec.307-30.
ARTICLE 308.
ARTICLE 309.
Sec.309-10
Sec.309-20.
Sec.309-30.
Sec.309-40.
Sec. 309-50.
Sec.309-60
Sec.309-70.
ARTICLE 310.
Sec. 3'10-10.
Sec. 31 0-20.
Rules of height transition from neighborhood residential districts. .. ... ... .. ...179
Rules of height transition adjacent to FEC railroad corridor. ............. ... ... . ..'181
|NCENT|VES.... .................. 182
Applicability. ...................----182
Schedule of incentives. ......- 182
lncentives for providing public open space. .............. .............182
lncentives for providing attainable housing............. ...............182
Sustainable building practices; voluntary green building/ development program.
.............. 183
Provide public parking............. ..................... 186
PARKING AND LOADING REGULATIONS .....,.................. 187
Off-street parking requirements.................. ...........................187
On-street parking requirements.................. ...........................187
Loading requirements.................. .................188
Parking facility setback. ............ ....................188
Structured parking. ........... ........................... 188
LANDSCAPING REGULATIONS ................190
On-site landscaping requirements....................... .................. 190
Street landscaping and hardscaping.... ................ .................190
Screening requirements; treatment of dumpsters, loading areas and mechanical
equipment......... .................191
S|GNAGE REGULATIONS .........................'192
ADDITIONAL DEVELOPMENT STANDARDS. .......,...,...,... {93
Completestreetimprovements.................. ............................193
Paseos............. . ... ......................'194
Vacation of alleys intersecting South Federal Highway for parcel aggregation.
Fences, walls and hedges.
Setback from alleys. ...............
Additional development standards..........
Subdivision and development of large parce|s..............
BUILDING TYPES.
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Residential building types. ...
Nonresidential and mixed-use building types
City of Dania Beach tx Draft: August 2010
Table of Contents Land Development Code
ARTICLE 311. FRONTAGE TYPES
Sec 311-10. Generally. .........
Sec. 31 1-20. Frontage type definitions and standards...
ARTICLE 312. CIVIC OPEN SPACE; STANDARDS AND GU1DELINES.............................
Sec. 312-10. Generally..........
Sec. 3'12-20. Plazas. .......... ...
Sec. 312-30. Pocket Parks.
Sec. 312-40. Courtyards........
Sec. 312-50. Urban agricultural garden.
SUBPART 2. HOTEL OVERLAY DISTRICT........
ARTICLE 315. HOTEL OVERLAY DISTRICT.........
Sec. 315-10. Created.
Sec. 315-20. Purpose............
Sec. 31 5-30. Hotel overlay district designations. .................
Sec.315-40 Parking. ....... ..
Sec. 315-50. Signage. .... .
SUBPART 3 PORT EVERGLADES DEVELOPMENT DISTRICT (PEDD)...,..,......
ARTICLE 320. PORT EVERGLADES DEVELOPMENT DISTRICT (PEOD)
Sec. 320-10. Purpose............
Sec. 320-20. Uses permitted.
Sec. 320-30. Special exception uses...............
Sec. 320-40. Uses permitted where site is approved.......
Sec. 320-50. Development standards..........
Sec. 320-60. Subdivision review. . .... . . . ... . ..
Sec. 320-70. Site plan review. ...... . .... . ..
Sec. 320-80. Variance. ..........
Sec 320-90 Building permits
Sec. 320-100. Business tax receipts.
Sec. 320-1 1 0. Amendment of text, use variance or application of district. ..
PART 4 SUBDIVISION AND OFF.SITE IMPROVEMENT
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REGULATTONS. .............. ..........217
ARTICLE 4OO. STREET DEDICATIONS AND DESIGN STANDARDS. .............,.................217
Sec. 400-10. Dedications required; minimum required street width for plat approval...........217
City of Dania Beach x Draft: August 20'10
Table of Contents Land Development Code
Sec. 4OO-20. Arrangement of streets, alleys, blocks, lots. .................. . .. . 217
Sec. 400-30. Geometric street design standards. ........ ... .. ........ . .. .. -.--217
Sec.400-40. Street construction standards.... .........217
Sec. 400-50. Access standards for development...................... ..-..--..--. .. . 217
Sec. 400-60. Street drainage. .......... ... ....217
Sec. 400-70. Construction of streets in wetlands areas, height specifications and approval.217
ARTICLE 405. UTILITIES IN NEW SUBDIVISIONS .,..........219
Sec. 405-10. Water and sewer infrastructure.................... ..........................219
Sec.405-20. Underground utilities required; exceptions........ .....................219
ARTTCLE 410. DRAINAGE FAC|L|T|ES.. ...........................220
ARTTCLE 415. STDEWALKS AND SWALES......... .............221
ARTICLE 420. APPROVAL, GUARANTEE AND CONSTRUCTION OF OFF-SITE
TMPROVEMENTS. ..................... .................222
Sec. 420-10. City to control improvements within rights-of-way...........................................222
Sec. 420-20. Construction drawings........... .......................222
Sec. 420-30. Guarantee of improvements .........................222
PART 5 SIGNAGE AND DESIGN REGULATIONS, .......................,,,,,, 223
ARTICLE 500. GENERAL PROVISIONS; HOW TO USE.................. ..........223
Sec.500-10. Purpose............ .................223
Sec 500-20. Applicability. ........................223
Sec. 500-30. How to use the signage regulations........ ...............................223
ARTICLE 505, SIGN REGULATIONS .........224
Sec. 505-10. Purpose and lntent. .............224
Sec.505-20. Definitions. .........................225
Sec. 505-30. General signage regulations................... ...............................228
Sec 505-40. Prohibited signs. .... ............ ................ ........... 230
Sec. 505-50. Specific signage regulations for signs located in zoning districts for one- and
two-family residences and open space (RS-18000; RS-12000; RS-8000; RS-
6000; RD-8000; NBHD-RES; E-1; OS) .................... ... ... . 232
Sec. 505-60. Specific signage regulations for townhouse and multi-family residences in the
following districts (RI\/; R-M1; RM-2; RMH; PRD-1; CRA form-based districts).
sec 505-70 specific signage regutations for th" *"",0""r1"i on;,;;, ;;;;; .,.,r;", ;::
City of Dania Beach xt Draft: August 2010
Table of Contents Land Development Code
Sec. 505-80. Specific signage regulations for individual commerctal or office buildings and
individual mixed commercial-residential buildings in commercial zoning districts
(C-1, C-2; C-3; C-4 and the CRA form-based zoning districts) .. .. .. .. .....233
Sec. 505-90. Specific signage regulations for office complexes and office parks in commercial
zoning districts (C-1, C-2; C-3; C-4)... .. ... .. .......................235
Sec. 505-100. Specific signage regulations for shopping centers smaller than 10O,OOO square
feet in commercial districts (C-1, C-2: C-3; C-4), and nonresidential and mixed
residential/nonresidential development on large lots within the CRA form-based
districts. .............................236
Sec. 505-1 10. Specific signage regulations for shopplng centers '100,000 square feet or larger
in commercial zoning districts (C-1: C-2; C-3; C-4;).......................... ............237
Sec. 505-'120. Specific signage regulatrons for individual buildings that are not part of an
industrial park, in areas zoned industrial (lG; lR; IRO; IROM; IROC; MA-1;
PEDD). .......... . .239
Sec. 505-130. Specific signage regulations for industrial parks, in areas zoned industrial (lG;
lR; IRO; IROM; IROC; MA-l).............. ......239
Sec. 505-140. Special signage regulations by location ortype of use. ................................240
Sec. 505-150. Signs exempt from permit requirement...... ..........................243
Sec. 505-160. Flagpoles and flags. ..........244
Sec. 505-170. Temporary si9ns................. ........................244
Sec. 505-180. Nonconforming signs................. .................248
Sec. 505-190. Relief from requirements, sign variances... ..........................248
Sec. 505-200. Signage review, approval process and fees. .......................249
Sec. 505-210. Master signage plans. ............... ...250
ARTICLE 51 O. PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS.,,.,,...,..,..... 252
Sec.510-10. Objectives. .........................252
Sec. 510-20. Applicability. ................. .. .. 252
Sec.510-30. Appearance. ..... .......... .......253
Sec. 510-40. Landscaping, walls and fencing........ ... . ...............................254
ARTICLE 5I5. GASOLINE SERVICE STATIONS, ..........,...255
Sec. 515-10. Objectives of this article. ..............................255
Sec 515-20. Applicability. ..................... .255
Sec.5'15-30. Appearance. ..... ...................255
Sec.515-40. Landscaping..... ................... 255
City of Dania Beach xll Draft: August 2010
Table of Contents Land Development Code
ARTICLE 520. LARGE RETAIL ESTABLISHMENT STANDARDS..........,................,..,,.,,.,..257
Sec 520-10. Applicability. ............. .. .. .. .257
Sec. 520-20. |ntent................ .--...-.--....... 257
Sec. 520-30. Building configuratron................ ...................257
Sec.520-40. Massing and articulation. ..............................257
Sec.520-50. Storefronts........ ...................257
Sec. 520-60. Parkin9....... .. .. . .. .. ... . ..258
ARTICLE 525, ARCHITECTURAL STANDARDS FOR THE COMMUNITY
REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS. ..,............259
Sec. 525-10. Applicability. .. . ... ... .........259
Sec.525-20. Architecture. ........................ 259
Sec. 525-30. Massing and articulation. .............................. 260
Sec. 525-40. Two-family (duplex) and mansion apartment dwelling design. ....................... . 260
Sec. 525-50. Barrier-free design............... ......................... 260
ARTICLE 530. PARKING STRUCTURE DESIGN. .............262
PART 6 DEVELOPMENT REVIEW PROCEDURES AND
REQUTREMENTS. ........... ..........263
ARTICLE 600. GENERAL PROVISIONS AND APPLICATION REQUIREMENTS...........,,..263
Sec. 600-10. lntent and purpose. .............263
Sec. 600-20. Applicability. . .. . .. ... .........263
Sec.600-30. How to use. ......................... 263
ARTTCLE 605. GENERAL APPLICATION REQUIREMENTS. .............................................264
Sec. 605-'10. Qualified applicants. ............264
Sec. 605-20. Determination of completeness ....................264
Sec. 605-30. Application submittal req uirements. ... ...........264
Sec.605-40. Applicationfees.................. ..........................265
ARTTCLE 610. PUBLTC HEARTNG NOT|CES......... ............266
Sec 610-10. Applicability. ........................266
Sec. 610-20. Table of public notice requirements. ... ..........267
Sec.610-30. Detailed notice provisions .............................271
ARTTCLE 615. APPEAL OF ADtUilN|STRATIVE DECtStONS. .................. ...........................274
Sec.615-10. Applicability. ........................274
Sec.6'15-20. Supplemental application requirements..... ....... ................274
City of Dania Beach xlll Oraft: August 2010
Table of Contents Land Development Code
Sec. 615-30.
Sec. 615-40.
Sec. 6'15-50.
ARTICLE 620.
Sec. 620-10.
Sec. 620-20.
Sec. 620-30.
Sec.620-40.
Sec 620-50.
ARTICLE 625.
Sec. 625-10.
Sec.625-20.
Sec. 625-30.
Sec. 625-40
Sec 625-50.
Sec. 625-60.
ARTICLE 626.
Sec. 626-10.
Sec.626-20
Sec.626-30.
Sec.626-40.
Sec.626-50.
Sec.626-60.
Sec 626-70.
Sec 626-80.
Sec 626-90.
ARTICLE 630.
Sec. 630-10.
Sec.630-20.
Sec.630-30.
Sec.630-40.
Sec.630-50.
Sec.630-60.
Sec. 630-70
Administrative appeals procedures.... ...............
City commission decision.
Expiration of appeal relief . .. ....... .......
ADMINISTRATIVE VARIANGES
Applicability.
Supplemental application requirements....
Administrative variance procedures.......
List of authorized administrative variances.
Expiration of administrative variances.
VARIANCES.
Applicability.
Supplemental application requirements
Variance procedures.
Variance review criteria; city action. .....
Expiration of variances.
Effect of approval or denial. .......
ZONING RELIEF PROCEDURES.............
lntent and applicability. ......
Application........
Notice. ..............
Hearing and determination....
Additional information. .. .....
Criteria. ............
Exhaustion required.
Fees.................
Effect while pending.
SPECtAL EXCEPTTON USES...............
Purpose............
Applicability.
Supplemental application requirements....
Special exception use procedures. ......................
Special exception use review standards; application disposition.
Modification of special exceptions.
Expiration of special exceptions.
274
274
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278
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Table of Contents Land Development Code
Sec. 630-80. Effect of approval or denial........
ARTICLE 635. SITE PLANS.
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287
288
289
.289
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
635-10.
635-20.
635-30.
635-40.
635-50.
635-60.
A2E_7n
635-80.
635-90.
635-100
640-10
640-20
640-30
640-40
640-50
640-60
640-70
640-80
640-90
ARTICLE 640. PLATS.
Purpose............
Applicability.
Exclusions........
Supplemental application requirements...............
Site plan data requirements. ... ... .................. .... ... .
Standards for review of site plans. .........
Site plan processing.
Site plan modifications or deviations.....
Effect of approva|. .....................
Expiration of site plans; procedure for extension
Applicability.
Supplemental application requirements.....
Plat drawing and data requirements..........
Plat processing.
Plat review criteria; city commission action
Effect of approval.
Amendment of plat. ... ...........
Plat expiration.
lmprovement p|ans.................
Applicability.
Supplemental application requirements
Rezoning process..... ....... .
Review criteria; city commission action.
Withdrawal of a rezoning application....
Purpose. ...........
Supplemental application requirements
Land use plan amendment process. .....
Review criteria, city commission action.
291
291
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...292
..293
...294
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...294
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294
296
296
296
zub
lVt)
....297
.. 297
Sec
Sec
Sec
Sec
Sec
645-10
645-20
645-30
645-40
645-50
Sec. 650-10
Sec.650-20
Sec 650-30
Sec 650-40
Sec. 645-60. New application after denial. ........
ARTICLE 650. LAND USE PLAN AMENDMENT 298
.298
.298
.298
298
City of Dania Beach xv Draft: August 2010
Table of Contents Land Development Code
Sec. 650-50
Sec. 650-60
ARTICLE 655.
Sec. 655-10
Sec. 655-20
Sec.655-30.
Sec. 655-40.
Sec.655-50.
ARTICLE 660.
ARTICLE 665.
Sec. 670-10.
Withdrawal of application....
New application after denial
vAcATtoNs oF RTGHT-OF-WAY....................
Applicability
Supplemental application requirements....
Application processing.
Review criteria; city commission action. ..............
New application after denial.
VESTED RIGHTS DETERMINATION. ...................,.
ZONING IN PROGRESS.
Review of permits and development orders with regard to zoning in progress
,oo
,)oo
300
300
300
300
300
300
301
303
ARTICLE 675. TEMPORARY USE AND SPECIAL EVENT PERMITS.................................
Sec. 675-10 Purpose and applicability
Sec. 675-20. Temporary uses authorized
Sec. 675-30. Supplemental application submission requtrements.
Sec. 675-40. Standards and procedures for approval of temporary use..............................
ARTICLE 680. LEGAL PROVISIONS GOVERNING DEVELOPMENT ORDERS AND
PERMITS.
Quasi-judicial public hearing procedures.
Permit not to authorize violation of Land Development Code,; correction of
errors in plans and specifications. ...
Compliance required.
Deferral of approval if city has lien against property or outstanding code
violation.
Conformance with approved site plan required............
Transitional provisions.........
Denial of permits. ............
Misrepresentation or withholding of information....
Expiration of permits and development orders.............
Certificate of occupancy.
Revocation of permits upon violation.
COST RECOVERY FOR DEVELOPMENT REVIEW.
Recovery of costs of administrative review and processing.
JUJ
304
304
304
304
305
306
306
306
306
Sec 680-10
Sec. 680-20
Sec. 680-30
Sec. 680-40
Sec.680-50.
Sec 680-60.
Sec 680-70.
Sec 680-80.
Sec.680-90.
Sec. 680-100
Sec. 680-1 10
ARTICLE 685.
Sec. 685-10.
.307
.307
.307
.301
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309
309
City of Dania Beach xvt Draft: August 2010
Table of Contents Land Development Code
PART 7 CODE ADMINISTRATION......... ,,,,..312
ARTTCLE 700. CODE ADMINISTRATION AND LEGAL PROV|S|ONS.................................312
Sec.700-10. Short tit1e.......... ...................312
Sec. 700-20. Purpose and scope. ............312
Sec. 700-30. Consistency with comprehensive p|an.................. ... ............313
Sec. 700-40. Administrative official............... .....................313
Sec. 700-50. 1iabi1ity.... .. .. .. .. ... ... .. ..313
Sec.700-60. Minimum requirements. ... .......................313
Sec. 700-70. Abrogation; conflicting provisions. .. ............. 31 3
Sec. 700-80. Severability....... ...................314
Sec. 700-90. Regulation of unzoned property............ ........314
Sec. 700-100. Regulations cited by reference....................... .....................314
Sec. 700-'1 10. Zoning map. ......................314
Sec.700-120. lnterpretationofzoningdistrictboundaries...................................................315
Sec.700-130. Reductron of required areas prohibited .......315
Sec. 700-140. Measurements. .................316
Sec. 700-150. Authority of city commission to name, rename, number or renumber roads,
alleys, etc. .........................316
Sec.700-160. Public purpose uses................. .................316
Sec.700-170. Nonbindingeffectofstaffdecisions.............. .......................316
Sec. 700-180. Development orders and permits.............. ...........................316
Sec.700-190. Municipal projects............. ..........................317
ARTTCLE 705. VTOLATTONS AND PENALTIES..... .............318
Sec.705-10. Authority to enforce. ............318
Sec.705-20. Method of enforcement. ............ ...................318
Sec. 705-30. Complaints of violations....... .........................318
Sec. 705-40. Right of entry.... ...................318
ARTTCLE 710. NONCONFORMTNG USES, STRUCTURES, AND LOTS..............................319
Sec.710-10. lntenupurpose. ....................319
Sec. 710-20. Definitions and term usa9e............... ............319
Sec. 710-30. Establishment of nonconformities..................... .....................319
Sec.710-40. Continuation of existing use or structure. ......320
Sec. 7'10-50. Limitations on the contrnuance of nonconforming uses and structures. ..........32O
xvll Draft: August 2010City of Dania Beach
Table of Contents Land Development Code
Sec. 710-60.
Sec 710-70.
ARTICLE 715.
Sec. 715-10.
Sec. 715-20.
Sec. 715-30.
Sec.715-40
Sec. 715-50.
ARTICLE 720.
Sec. 720-10.
Sec 720-20.
Sec.720-30.
Exceptions to limitations on the continuance of nonconforming uses and
structures.......... .................321
Nonconforming lots of record. ......................322
DEPARTMENT OF COMMUNTTY DEVELOPMENT......................................323
Established....... ................... 323
Director-Position established ..............323
Same-Duties and powers. ...........................323
Building official and inspectors. ....................323
Code compliance official and inspectors.. ..............................323
PLANNING AND ZONING BOARD. ..,..,.....324
Created; appointment...... .............................324
Planning and zoning board general duties; authority .............324
Elections of officers; rules of procedure; recommendations to be written........324
Sec. 720-40. Meetings.
Sec. 720-50. Procedures. ......
ARTICLE 72,I. AMORTIZATION OF REGULATED USES
Sec. 721-10. Amortization of Regulated Uses ..................
ARTTCLE 725. DEFtNrTrONS....................
Sec.725.10. General construction of terms.... .....325
Sec.725-20. Abbreviations. .....326
Sec. 725-30. Terms defineo. ....................327
PART I TECHTNTCAL APPEND|X. ...............356
ARTICLE 805. CONCURRENCY DETERMINATIONS. .....,.356
Sec. 805-10. Generally.......... ................... 356
Sec. 805-20. Applicability, Development subject to adequacy determination......................356
Sec. 805-30. Procedures, timeframes, expiration. .............356
Sec. 805-40. Determination of available capacity. ............ . 357
Sec. 805-50. Stormwater drainage level of service standards. ...................358
Sec. 805-60. Potable water level of service standards and demand generation rates. .... .... 358
Sec. 805-70. Sanitary sewer level of service standard and demand generation rates. ........ 359
Sec. 805-80. Solid waste disposal level of service standard and demand generation rates.360
Sec. 805-90. Roadway level of service standards, demand generation rates. .....................361
Sec. 805-100. Public schools concurrency. .......................362
324
324
325
laE
325
City of Dania Beach xv t Draft: August 2010
Table of Contents Land Development Code
Sec. 805-1 '10
Sec. 805-'l20
ARTICLE 810.
Sec. 810-10
Sec 810-20.
Sec. 810-30.
Sec. 810-40.
Sec. 810-50.
Sec 810-60.
ARTICLE 815,
Sec. 815-10.
Sec. 815-20
Sec 8'15-30
ARTICLE 820.
Sec. 820-10.
Sec.820-20.
Sec.820-30.
ARTICLE 825.
Sec. 825-10
Sec.825-20.
Sec. 825-30.
Sec 825-40
Sec.825-50.
Sec 825-60
Sec.825-70.
Sec 825-80
Sec.825-90.
Sec 825-100
Sec. 825-'1 10
Sec. 825-120
Sec. 825-130
Sec. 825-140
City of Dania Beach xtx Draft: August 2010
Table of Contents Land Development Code
Sec. 825-150. Bond requirements.................... .................388
Sec. 825-160. Historical trees. ............... ...........................388
Sec.825-170. Protection from construction work. ............ ..............389
Sec. 825-'180. Tree preservation trust fund. ......................390
Sec. 825-1 90. Mitigation. .. .. . .. .. ... .. .. 390
ARTTCLE 830. TREE ABUSE. ....................392
Sec. 830-10. Trimmingandpruningoperations-Personstobequalified...........................392
Sec. 830-20. Same-Exceptions. ...................... ..................392
Sec. 830-30. Registration required Tree Services. ............39.2
Sec. 830-40. Definitrons. ........................392
Sec. 830-50. Legislative findings............. ..........................394
Sec. 830-60. Prohibition of tree abuse; exemptions; variances. .................395
ARTICLE 835. TELECOMMUNTCATTON TOWERS AND ANTENNAS..................................396
Sec.835-'10. |ntent................ .......................... 396
Sec. 835-20. Definitions. .. .... .............. . ...... 396
Sec. 835-30. Applicability ...... ........ . .. . .... ... 397
Sec. 835-40. General requirements..... ...............................397
Sec. 835-50. Zoning districts, height and setback requirements, etc. ..........400
Sec. 835-60. Shared use of communicatron towers; co-location of antennas. ......................402
Sec.835-70 Applications. ..... ......... ......403
Sec. 835-90. Security, access easements, removal of facilities. ..................404
City of Dania Beach xx Draft: August 2010
Quick Find User Guide Land Development Code
QUICK FIND USER GUIDE
Finding what you are looking for is simple. Just choose the question from the following list that
bests describes what you want to know, then go to the suggested quick-find guide and look for
the topic that fits your question:. For questions relating to property with a single-family or duplex on it, or zoned for single-
family or duplexes, see quick-find quide number 1 below. The following are single-
family or duplex zoning districts, E-1 , A-1, RS-18,000, RS-12,000, RS-8,000, RD-8,000,
R5-6,000, NBHD-Res.. For questions relating to an apartment building or townhouse community, see uick-find
ourde number 2 below
For questions relating to businesses or other nonresidential use,see quick-find quide
number 3 below
lf you are a developer, see ouick-find quide number 4 below
QUICK-FIND GUIDE 1
OUICK-FIND GUIDE 2 A
QUICK FIND GUIDE 28
For questions about parking, outdoor storage and home occupations, see guide 2A.. Fot
all other questions, see guide 28.
OUICK-FIND GUIDE 3
OUICK-FIND GUIDE 4
QUICK.FIND GUIDE NUMBER 1
Guide for:. Residents of single-family or two-family (duplex) dwellings
. Owners of a lot zoned for single-family or two-family dwellings
Topics Code
sections
What the code section tells you
Converting a single-family
home into a duplex/building
a duplex
The min. lot size and lot width required for duplexes in
RS, RD Districts
302-20{A)(1)The min. lot size and lot width required for duplexes in
NBHD-RES District
Building or expanding a
dwelling
205-10 Schedule of lot, yard and bulk regulations
640-70 Amendment of plat
Buildinq a pool 105-60 Swimmanq pools
Building a shed or other
detached structu re
1 05- 160 Accessory buildino and structure use requlations
215-94 Accessory structure setbacks
Accessory structure height
Fences, walls 235,10 Placement of walls, hedges and fences
t2q_)n Height measurement
235-30 Requirements for placement within required yards
235-40 Materials
235-50 Orientation
309-40 Additional development standards for fences and walls
Design standards for residential parking spaces utilizing
individual driveways or back-out parking
Req uired landscapinq 27 5-90 Perimeter buffer landscape requirements for vehicular
City of Dania Beach xxr Draft: August 2010
1205- 10t-
220-74
Driveways, parking 1265-100
Quick Find User Guide Land Development Gode
use areas
275-,5A Landscape requirements for vacant residential properties
275-46 Landscape requirements for single-family and duplex lots
27 5-a7 0 Landscape req uirements for screening
Permitted trees and other
landscape materials
Landscape
Technical
Manual
See City of Dania Beach's Community Development
Department for Landscape Technical Manual.
Tree protection Historical trees
825-170 Protection from construction work
Trimming and prun ing operations
830-20 Exceptions
Tree removal 82 5-30 Tree removal license required
825-60
License application
325-80 Tree removal license
Tree relocation
825-'100 Tree replacement
825-.1 10 General relocation/replacement conditions
Maintenance/monitoranq requirements
825-130 Payment in lieu of replacemenUrelocation
Special status category trees
Bond req uirements
Emergency generators 285-10 Emergency generators in residential districts
Air conditioning, pool
equipment
215-54 Permitted yard encroachments in the E-1, RS-18000, RS-
12000, RS-8000, RS-6000, NBHD-RES, and RD-8000
Districts.
Ch imneys Permitted yard encroachments in the E-1 , RS-18000, RS-
12000, RS-8000, RS-6000, NBHD-RES, and RD-8000
Districts.
Permitted yard encroachments in the RM, RM-1 , and
RM-2 districts.
Po rches 215-50 Permitted yard encroachments in the E-1 , RS-l8000, RS-
12000, RS-8000, RS-6000, NBHD-RES, and RD-8000
Districts.
Walkways Permitted yard encroachments in the RM, RM-1 , and
RM-2 districts.
Sports courts Permitted yard encroachments in the E-'l , RS-l8000, RS-
12000, RS-8000, RS-6000, NBHD-RES, and RD-8000
Districts.
Docks, pilings, boat lifts 240-10 Dock signage
240-20 Construction of accessory boat slips and docks on
waterways, limitations
Commercial vehicle parking Parking of commercial vehicles in residential zoning
districts
Parking or storage of RVs,
boats, trailers
Parking of recreational vehicles in residential zoning
districts
Mobile homes Parking and storage of mobile living units
lnternal setbacks between buildings and structures on the
same lot, or within a unified development.
Po(able storage containers 105-90 Outdoor storaqe containers
Real estate, political signs,
etc.
505-170 Temporary signs
Garage sales 67 5-20 Temporary uses authorized
Flaqpoles 505-160 Flaq and flagpole provisions
City of Dania Beach xxll Draft: August 2010
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825-160
830-10
General licenses
825-7 A
825-90
825-124
8254 4A
825-150
z tJ-cu
215-60
1215-60
121 s-50
I
105-120
105-1 30
105-1 10
215-120
Quick Find User Guide Land Development Code
Home occupations 105-80 Home occupation provisions
Satellite dish Article 286 Satellite dish provisions
Use of swale Pavement, improvement and use of swale areas
Responsibility to maintain
sidewalk, swale
Article 415 Maintenance requirements for sidewalks
QUICK-FIND GUIDE NUMBER 2A
Guide for:. residents of townhomes and apartments
QUICK.FIND GUIDE NUMBER 28
Guide for:
. Townhouse and multi-family maintenance associations
Topics Code
sections
What the code section tells you
Parking of commercial vehicles in residential zoning
districts
Parking or storage of RVs,
boats, trailers
105-1 30 Parking of recreational vehicles in residential zoning
districts
Portable storaqe containers 105-90 Outdoor storage containers
Construction of sidewalks when building constructed or
substantially improved
Use of swale Pavement, improvement and use of swale areas
Home occupations 105-80 Home occupation provisions
Topics Code
sections
What the code section tells you
Building a shed or other
detached structure
'105-160 Accessory building and structure use regulations
215-94 Accessory structure setbacks
220-7 0 Accessory structure heiqht
Fences, walls 235-10 Placement of walls, hedges and fences
Height measurement
235-30 Requirements for placement within required yards
235-40 Materials
235-50 Orientation
309-40 Additional development standards for fences and walls
Required landscaping 27 5-90 Perimeter buffer landscape requirements for vehicular
use areas
27 5-100 lnterior landscape requirements for vehicular use areas
275-134 Perimeter buffer landscape requirements for residential
properties
?75-144 Landscape requirements for other non-vehicular open
275-170 Landscape requirements for screening
Permitted trees and other
landscape materials
Landscape
Technical
Manual
See City of Dania Beach's Community Development
Department for Landscape Technical Manual.
Tree protection 825-160 Historical trees
825-170 Protection from construction work
City of Dania Beach xxlll Draft: August 2010
lArticle 415
Commercial vehicle oarkino 1 1 05- 120
Sidewalk maintenance Article 415
Article 415
Quick Find User Guide Land Development Code
830-10 Trimming and pruning operations
830-20 Exceptions
Tree removal 825-30 Tree removal license required
825-60 General licenses
825-7 0 License application
825-80 Tree removal license
825-90 Tree relocation
825-100 Tree replacement
825-1 10 General relocation/replacement conditions
Maintenance/monitoring requirements
825-'130 Payment in lieu of replacemenUre,ocation
825-144 Special status category trees
825-15 Bond requirements
Emergency qenerators 285-10 Emergency generators in residential districts
Docks, pilings, boat lifts 240-10 Dock signage
240-20 Construction of accessory boat slips and docks on
waterways, limitations
Commercial vehicle parking 105-120 Parking of commercial vehicles in residential zoning
districts
Restrictions on parking commercial and recreational
vehicles in residential areas
Parking or storage of RVs,
boats, trailers
Parking of recreational vehicles in residential zoning
districts
Restrictions on parking commercial and recreational
vehicles in residential areas
Portable storage containers I nq_qn Outdoor storage containers
Real estate, political signs,
etc.
505-170 Temporary signs
Garage sales Temporary uses authorized
Flagpoles 505-160 Flagpole and flag provisaons
Home occupations 105-80 Home occupation provisions
Garbage dumpsters 290-30 Applicability and exemptions
290-40 Minimum enclosure size
290-50 Dumpster and enclosure design and construction
290-60 Maintenance
290-7 0 Location and access requirements
Pavement, improvement and use of swale areas
Satellite dish Satellite dish provisions
l\4aintenance req uirements for sidewalks
QUICK-FIND GUIDE NUMBER 3
Guide for:
. businesses, nonresidential uses
Topics Code
sections
What the code section tells you
Permitted uses ,10-24 Permitted, special exception and prohibated uses in
commercial district and RO District (C-1 , C-2, C-3, C-4)
110-24 Permitted, special exception and prohibited uses in CRA
mixed-use districts (CC, NBHD-lMU, EDBB-MU, SFED-
MU, GTWY.MU
City of Dania Beach xxtv Draft: August 2010
105-140
105-1 30l-
1105-140t-
167 5-20
Use of swales Article 415
Artlde 280
Resoonsibilitv to maintain Article 415
sidewalk
I
Quick Find User Guide Land Development Code
1 15-40 Permitted, special exception and prohibited uses in
industrial districts (lG, lR, lRO, IROM, IROC, MA-1,
PEDD)
630-40 Special exception proced ure
Sagnage regulations 505 80 Specific signage regulations for individual commercial or
office buildings and individual mixed commercial-
residential buildings in commercaal zoning districts (C-1 ,
C-2, C-3, C-4 and the CRA form-based zoning dastricts)
505-90 Specific signage regulations for office complexes and
office parks in commercial zoning districts (C-1, C-2; C-3,
c4)
505-100 Specjfic signage regulations for shopping centers smaller
than 100,000 square feet in commercial districts (C-1 ; C-
2; C-3; C4), and nonresidential and mixed
residential/nonresidential development on large lots
within the CRA form-based districts
505-1 10 Specific signage regulations for shopping centers
100,000 square feet or larger in commercial zoning
diskicts (C-1; C-2; C-3; C-4)
505-120 Specific signage regulations for individual buildings that
are not part of an industrial park, in areas zoned industrial
(lG, lR, lRO, IROM; IROC; MA-1)
505-'r 30 Specific signage regulations for industrial parks, in areas
zoned industrial (lG; lR; IRO; IROM; IROC; MA-1)
505-140 Special signage regulations by location or type of use
505-150 Signs exempt from permit requirement
Flaqs, flaqpoles 505-160 Flaqpoles and flaqs
Temporary uses 675-20 Temporary uses authorized
Shutters, bars on windows,
doors
510-30 Arterial or other design standards
Glazing, film on windows 510-30 Arterial or other design standards
Canopies, awnings Permitted yard encroachments in the E-1 , RS-l8000, RS-
12000, RS-8000, RS-6000, NBHD-RES, and RD-8000
Districts.
215-70 Permitted yard encroachments in the C-1, C-3 and C-4
Districts.
311-20 Frontaqe type definitions and standards
520-10 Facades for large retail establishments
Gasoline and service
stations
515-30 Appearance
515-40 Landscaping
Large retail establishment
design standards
110-120 Use regu lations
520-10 Facades
Garbage dumpsters 290-30 Applicability and exemptions
29040 Minimum enclosure size
290-50 Dumpster and enclosure design and construction
290-60 Maintenance
290-7 0 Location and access requirements
Business tax receipts See Dania
Beach's
Code of
Ordinances
Part llr Chapter 15: Business Tax
Outdoor lighting regulations 280-30 Prohibited outdoor lighting
280-40 Outdoor lighting standards
280-50 Outdoor lighting permits
City of Dania Beach xxv Draft: August 2010
I I
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Quick Find User Guide Land Development Code
280-60 Maintenance
Emergency generators Emergency generators in nonresidential dastricts
Number and dimension of
parking spaces
245-24 Off-street parkinq space definition; dimensions
265-30 Vehicular stacking space definition; dimensions
265-50 Off-street parking required; on-street parking credit
Valevattendant parkino 265-120 AttendanWalet parking provisions
Landscaping requirements 27 5-94 Perimeter buffer landscape requirements for vehicular
use areas
27 5140 lnterior landscape requirements for vehicular use areas
275-110 Perimeter buffer landscape requirements for areas
separating busaness, commercial, mixed-use
residential/commercial, and industrial property from
resjdential property
Perimeter buffer landscape requirements for business,
commercial and industrial properties
275-140 Landscape requirements for other non-vehicular open
space
275-17 Landscape requirements for screening
Tree protection 825-160 Historical trees
825-17 0 Protection from construction work
830-10 Tnmmrnq and prunrnq operations
830-20 Exceptions
Tree removal 825-30 Tree removal license required
825-60 General licenses
825-7 0 License application
Tree removal license
825-90 Tree relocation
Tree replacement
825-110 General relocation/replacement conditions
Maintenance/monitorinq requirements
825-130 Payment in lieu of replacemenvrelocation
825-140 Special status category trees
Bond req uirements
Responsibility to maintain
sidewalk
Article 415 Maintenance requirements for sidewalks
Satellite dishes Article 286 Satellite dish provisaons
Things to consider when
expanding or undertaking
construction
640-10 When is platting required?
When is a site plan required?
Article 805 Concurrency requlations
Article 810 lmpact fees
QUICK.FIND GUIDE NUMBER 4
Guide for developers
Topics Code
sections
Permitted uses Permitted, special exception and prohibited uses in
commercial district and RO District (C4 , e-2, C-3, C4)
Permitted, special exception and prohibited uses in CRA
mixed-use districts (CC, NBHD-MU, EDBB-MU, SFED-
MU, GTWY-MU
1 15-40 Permitted, special exception and prohibited uses in
industrial districts (lG, lR, lRO, IROM, IROC, MA-1,
City of Dania Beach xxvt
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825-80
825-100
825-120
825-150
635-20
What the code section tells you
110-20
110-20
Draft: August 2010
Quick Find User Guide Land Development code
PEDD)
Special exception uses 630-40 Special exception procedu re
Platting 640-10 When is plattinq required?
640-20 General application procedures
Article 610 Public notice requirements
640-44 Plattinq procedures
640-90 Subdivision and off-site improvement regulations
815-20 Minimum right-of-way width requirements
Site plan 635-20 When is a site plan required?
63540 General application procedures
Article 610 Public notice requirements
635-70 Site plan proced ures
Basic site development
standards
205-10 Schedule of lot, yard and bulk regulations
Detailed regulations for site
development standards
Article 21 0 Supplemental lot regulations
Garbage dumpsters 290-30 Applicability and exemptions
290-40 Minimum enclosure size
Dumpster and enclosure desiqn and construction
290-00 Maintenance
290-7 0 Location and access requirements
Excavation, filling Article 245 Pavinq, excavation, and fillinq
Concurrency requirements Article 805 Concurrency requlations
lmpact fees Article 810 lmpact fees
Parking & load ing
req u irements
Articles 265
and 270
Parking and loading regulations
Landscaping requ irements Perimeter buffer landscape requirements for vehicular
use areas
275-400 lnterior landscape requirements for vehicular use areas
27 5414 Perimeter buffer landscape requirements for areas
separating business, commercial, mixed-use
residential/commercial, and industrial property f rom
residential property
275-120 Perimeter buffer landscape requirements for business,
commercial and industrial properties
Landscape requirements for other non-vehicular open
space
ztc-ttv Landscape requirements for screening
Tree protection 825-160 Historical trees
825-174 Protection from construction work
830-10 Trimming and prun inq operations
830-20 Exceptions
Tree removal 825,30 Tree removal license required
825-60 General licenses
825-74 License application
825-80 Tree removal license
825,90 Tree relocation
825-100 Tree replacement
825-110 General relocation/replacement conditions
825-120 Mainlenance/monitoring requirements
825-130 Payment in lieu of replacemenVrelocation
825-140 Special status category trees
825-150 Bond req uirements
Siqnaqe requlations Article 505 Sign regulations
City of Dania Beach xxv Draft: August 2010
290-50
275-90
275-140
Ouick Find User Guide Land Development Code
400-10 Dedications required; minimum required street width for
plat approval
Utilities Article 405 Utilities in new subdivisions
Sidewalks and swales Article 415 Sidewalks and swales, authorized uses and
encroachments; maintenance responsibility
Drainage 805-50 Stormwater drainage level of service standards
Article 410 Drainage facilities
Design Article 510 Principal arterial commercial design standards
Outdoor lighting Article 280 Outdoor liqhting standards
City of Dania Beach xxvl Draft: August 2010
Street dedications
Part 1
Article 100 Land Development Code
PART 1 USE REGULATIONS.
ARTICLE 1OO. GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS.
Sec. 100-10. Purpose of this article.
This article contains general rules governing the use of land within the city, including rules for
interpreting the lists of permitted, special exception and prohibited uses in articles 105-115, and
article 302. This article also identifies the intent and purpose of each zoning district within the
city.
Sec. 100-20. How to use Part I of this code.(A) Residential and open space dlsfrlcfs. Sec. 105 -20 lists the permitted, special exception
and prohabited uses of land within residential and open space zoning districts. Certain
uses are identified as being "subject to" the detailed use regulations of other sections
within article 105. For example, home occupations are subject to the regulations of sec.
1 05-80 that pertain only to home occupations.(B) Commercial and mixed-use districts.(1) Sec. 110-20 lists the permitted, special exception and prohibited uses of land w,thin
commercial and mixed-use districts. Certain uses are identified as being "subject to"
the detailed use regulations of other sections within article 1 10.(2) The permitted uses within the mixed-use "CRA form-based districts" are only
summarized in sec. 1 10-20, and are addressed in detail in article 302. The
difference behveen the summary and the details an article 302 is that sec. 1 10-20
tells you whether a use is permitted within each CRA form-based district, but article
302 tells you where within the district the use is permitted. This is because uses in
the CRA form-based districts are regulated based on the type of street that a lot
fronts(C) lndustrial distrlcts. Sec. 115-40 lists the permitted, special exception and prohibited uses
of land within industrial zoning districts. Many of the uses are identified as being "subject
to" the detailed use regulations of other sections within article 1 15.
Sec. 100-30. General use regulations applying to all zoning districts.(A) Outdoor uses. All uses of land permitted in this code shall be conducted entirely within a
completely enclosed building, unless specifically authorized in Part I of this code as a
principal or accessory outdoor use, including the following permifted outdoor uses:(1) Swimming pools accessory to a residential use or park
2 Gazebos accessory to a residence or park
3 Parks, playgrounds
4 Outdoor recreation facilities
Open spaces
6 Off-street parking, loading and vehicular circulation areas
7 Pedestrian circulation areas
8 Stormwater drainage retention(9) Signage(B) Land shall not be used or occupied for any purpose except for a permitted principal use in
the applicable zoning distnct, and only then with a valid certificate of occupancy, and for
principal uses of open land, a valid certificate of use.
Sec. 100-40. lnterpretation of permitted and conditional uses.(A) A permitted use is.
ICity of Dania Beach Draft: August 2010
Part 1
Article 100 Land Development Code
(1) A use listed as "permitted" in a particular zoning district, subject to any conditions of
use that may be established in the code, or(2) A use that is not listed in the particular zoning district as permitted, and is not listed
as a permitted, special exception or prohibited use in the particular zoning district or
any other zoning district, but which the director determines is similar to another use
that is permitted in the particular zoning district.(B) A special excepllon use is:(1) A use listed as a "special exception" use in a particular zoning district, which may be
allowed in the particular zoning district if the city commission determines that the useis compatible at the proposed size and location, subject to the procedures,
requirements and criteria of article 630 (special exception uses), and subject to any
specific conditions of use that may be established in the code; or(2) A use that is not listed in the particular zoning district as a "special exception" use,
and is not listed as a permitted, special exception, or prohibited use in the particular
zoning district or any other zoning district, but which the director determines is similar
to another use that is permitted by special exception in the particular zoning district.(C) An accessory use is any use of land or of a building, or portion of land or portion of a
building, customarily incidental and subordinate to the principal use of the land or building
and located on the same lot with the principal use.(D) A prohibited use is:(1) Any use listed as "prohibited" in a particular zoning district, or(2) A use that is not listed as a permitted or special exception use in the particular
zoning district, but is listed as a permitted or special exception use in another zoning
district;(3) Any use that is not listed as a permitted or special exception use in the particular
zoning district or any other zoning district, and which the director determines is not
substantially similar to any use listed as a permitted or special exception use in the
particular zoning district.(E) Where a listed use is followed by a reference to other sections of the code which apply to
the use, then the reference means that the use is permitted subject to compliance with
such additional provisions and requirements as set forth in the code.(F) Any use that the director determines is substantially similar to a permitted or special
exception use shall be subject to the same conditions of use as the use to which it is
deemed similar.
Sec. 100-50. Certificates of use.
Before any use of land, building or structure is established, or any established use of land,
building, or structure is changed to a different use than that identified in the previously-issued
certificate of use which applies to the property, the person seeking to establish the use must
obtain a certificate of use from the community development department. Community
development department personnel shall develop an administrative procedure and related forms
for issuance of certificates of use, and are authorized to conduct inspections of the subject land,
building, or structure prior to approval of a certificate of use in order to confirm compliance with
this code. Failure to secure a certificate of use before establishing a use of land, building or
structure, or before changing the usage of the property from the use recognized in a duly-issued
certificate of use to another use, shall be a violation of this code, and punishable as such.
Sec. 100-60. Establishment of zoning districts.
The restrictions and controls intended to regulate development in each district are uniform for
each class or kind of categorical delineation or distinction. For the purposes of protecting,
2City of Dania Beach Dran: August 2010
Land Development Code
promoting and improving the public health, safety and the general welfare of the citizens and
residents, the city is divided into the following districts:
lntent and purpose of district
(A) Residential zoning districts
E-1 Single-Family Estate
Residential District
Provides for use and occupancy of properties within
areas of the city annexed from Broward County in
1990 and 2001 , and previously zoned Broward
County E-1, A-1 or A-3. lmplements the Estate
Residential category of the comprehensive plan.
RS-18000 Single-Family 18000
Residential District
Provides for use and occupancy of one-family
dwelling units at low densities and related essential
services and facilities. lmplements the Low (3)
Residential category of the comprehensive plan.
Single-Familyl 2000
Residential District
Provides for use and occupancy of one-family
dwelling units at low densities and related essential
services and facilities. lmplements the Low (5)
Residential category of the comprehensive plan.
RS-8000 Single-Family 8000
Residential District
Provides for use and occupancy of one-family
dwelling units at low densities and related essential
services and facilities. lmplements the Low (5)
Residential category of the comprehensive plan.
RS-6000 Single-Family 6000
Residential District
Provides for use and occupancy of one-family
dwelling units at low densities and related essential
services and facilities. lmplements the Low (5)
Residential and Low-Medium (10) Residential
categories of the comprehensive plan.
R-D 8000 Two-Family
Residential District
Neighborhood
Residential District
Maintains and enhances the overall single-family
character of existing neighborhoods wathin the CRA
by providing additional expansion opportunities for
existing homes and establishing design standards for
two family dwellings. Provision is made for higher
3City of Dania Beach Draft: August 2010
Part I
Article 100
District map
designation Full district title
RS-12000
Provides for use and occupancy of one- and two-
family units at low moderate densities and related
essential services and facilities. lmplements the
Low-Medium (10) Residential category of the
comprehensive plan.
NBHD-RES
Part 1
Article '100 Land Development Code
densities within isolated areas previously zoned for
multiple-family use. lmplements the residential future
land use plan map categories within the CRA.
RIV
Multiple-Family
Residential ('10
du/ac) District
Provides for use and occupancy of multifamily
dwellings at moderate densities and related essential
services and facilities. lmplements the Low-Medium
(10) Residential category of the comprehensive plan.
RM-1
Multiple-Family (16
du/ac) Residential
District
Provides for use and occupancy of multifamily
dwellings at moderate densities and related essential
services and facilities. lmplements the Medium (16)
Residential category of the comprehensive plan.
RM-2
Multiple-Family (25
du/ac)
Residential District
Provides for use and occupancy of multifamily
dwellings at moderate densities and related essential
services and facilities. lmplements the Medium (16)
and High (25) residential categories of the
comprehensive plan.
PRD-1 Planned Residential
Development District
Provides flexibility in the design and development of
infill residential lots with odd shapes or small sizes, in
a manner that is compatible with existing residential
development and the comprehensive plan.
lmplements the Residential categories of the
comprehensive plan. Developments previously
zoned PUD-A or PUD-B have been rezoned to PRD-
1.
RIVIH Residential Mobile
Home District
(3) Mixed-use zoning districts
RO Residential
Office District
Provides for small-scale professional offices on lots
fronting major arterial roadways while still permitting
a principal dwelling unit in the same building, and
maintaining the residential character of the adjacent
neighborhood. These are often single-family homes
that are no longer viable due to road widenings and
City of Dania Beach Draft: August 20104
Provides a suitable living environment in mobile
home developments of varying density within areas
annexed from Broward County in 1990 and 2001 ,
while insuring the compatibility of mobile home parks
with adjoining developments. RMH shall be applied
only to mobile home parks and subdivisions that
existed as of , :' IXK the date of adoption of
this code]. lmplements the Residential category of
the comprehensive plan. Land areas that were
previously zoned T-'1, T-1C or R-1T have been
rezoned to RMH.
Part 1
Article 100 Land Oevelopment Code
related noise. lmplements the Commercial and
Residential categories of the comprehensive plan.
Use of the commercial or residential flexibility rules of
the Broward County Land Use Plan Administrative
Rules Document may be required.
NBHD-MU Neighborhood Mixed-
Use District
Provides for neighborhood-serving commercial uses,
townhouses, apartments and limited assembly, repair
and fabrication that are compatible with residential
and commercial uses. The district is applied in a
linear fashion, typically to frontage properties along
certain collector streets that border or traverse
neighborhoods. Front yards are minimized, with
buildings close to the street, and rear yard and on-
street parking facilities. lmplements the Regional
Activity Center category of the comprehensive plan.
SFH-MU
South Federal
Highway Corridor
Mixed-Use District
Encourages medium-intensity redevelopment of the
corridor with a mix of retail, office, residential, and
lodging uses with a design emphasis on pedestrian
street life in a manner that supports public transit,
while creating interest and fostering investment in the
immediate neighborhood. This will be accomplished
through a mix of residential and commercial uses
along the corridor, built close to the street, with
parking facilities behind buildings. lmplements the
Regional Activity Center category of the
comprehensive plan.
GTWY-MU Beach Gateway
Mixed-Use District
Capitalizes on the proximity of conservation areas,
wateMays and the beach, by preserving additional
land, thus enhancing the area's assets. This will be
accomplished by allowing relatively tall buildings built
near the street, in order to allow for a reduction in
building footprint and consolidation of the developed
area, while providing a landscaped yard between the
building and street to differentiate this zone from the
more urban EDBB-MU zone. lmplements the
Regional Activity Center category of the
comprehensive plan.
EDBB-MU
East Dania Beach
Boulevard Corridor
Mixed-Use District
Encourages medium{o-high intensity redevelopment
of the corridor with a mix of retail, office, residential,
and lodging uses with a design emphasis on
pedestraan street life in a manner that supports public
transit, while creating interest and fostering
investment in the immediate neighborhood. This will
be accomplished through a mix of residential and
commercial uses along the corridor, built close to the
street, with parking facilities behind buildings.
5City of Oania Beach Draft: August 2010
Part 1
Article 100 Land Development Code
lmplements the Regional Activity Center category of
the comprehensive plan.
UL City Center District
Establishes a mixed use downtown with transit-
supportive density and intensity where citizens can
work, live, and shop in a place that is the economic,
governmental, entedainment and cultural focal pointof Dania Beach. This district is designed to
encourage accessible, active, pedestrian-oriented
areas within walking distance of a prospective transit
station on the FEC railway. lmplements the Regional
Activity Center category of the comprehensrve plan.
(C) Commercial zoning districts.
c-1
Neighborhood Office
and Banking District
c-2 Community Business
District
Provides for retail stores, offices and service
establishments with convenient pedestrian access
throughout the district, excluding vehicular-oriented
activities that have large acreage requirements or
which may adversely impact adjoining residential
areas. This district is appropriate for community
shopping centers. lmplements the Commercial
category of the comprehensive plan.
c-3 General Business
District
Applies to arterial streets where business
establishments properly locate to serve large
sections of the city and metropolitan area. Such
businesses generally require considerable ground
area, do not cater directly to pedestrians and need a
conspicuous and accessible location convenient for
motorists. lmplements the Commercial category of
the comprehensive plan.
c-4 General Commercial
District
Provides for a wide range of commercial uses,
including businesses that do not require convenient
access for consumers, and that may involve
activities not compatible with residential uses such as
vehicle repair, trade shops and outdoor storage.
lmplements the Commercial category of the
comprehensive plan.
(D) lndustrial zoning districts.
IG General lndustrial
Provides for light- and medium-intensity industrial,
research, assembly, fabrication and repair uses
within a completely enclosed building. Some
manufacturing uses are permitted if they meet
City of Dania Beach Draft: August 20106
Provides for a limited range of neighborhood-serving
commercial uses. Implements the Commercial
category of the comprehensive plan.
Land Development Code
location requirements necessary to protect residential
areas. Some shipping, shipyard and marine
construction business uses are permitted subject to
compliance with location requirements and
performance standards necessary to protect single-
family residential zoning districts. lmplements the
lndustrial and Employment Center categories of the
comprehensive plan.
IR Restricted lndustrial
Provides suitable areas for development of industrial
processing and assembly except those which
adversely impact adjacent residential areas.
lmplements the lndustrial category of the
comprehensive plan.
tRo lndustrial-Research-
Office
Provides for office, light industrial and research uses
which are conducted within a completely enclosed
building and have limrted impact outside of the
building. The district is also designed to permit limited
commercial uses as special exception uses.
lmplements the lndustrial and Employment Center
categories of the comprehensive plan.
IROM lndustrial-Research-
Office-hrlarine
IROC
Provides for commercial, office, light industrial, and
research uses that are conducted within completely
enclosed buildings, and which have limited impact
outside of the building as well as limited commercial
uses. lmplements the lndustrial category of the
comprehensive plan.
lntended for application in the area bound by Griffin
Road on the north, lnterstate 95 on the east, Stirling
Road on the south, and the CSX railroad on the west
Commercial uses are permitted based on the
proximity of the IROC zoning district to lnterstate 95,
the CSX rarlroad, and the Fort Lauderdale-Hollpvood
lnternational Airport Tri-Rail Station.
ruA-'l Ivlarina Mile
7 Draft: August 2010
Part t
Article 100
Provides for marine, office, light industrial, and
research uses with limited commercial uses.
lmplements the lndustrial category of the
comprehensive plan.
lndustrial-Research-
Office-Commercial
Provides for commercial, office, light fabrication,
warehouse, marine and limited automotive uses
along major commercial roads with direct vehicular
access to Port Everglades and l-595. MA-1 zoning isnot intended for use in the Community
Redevelopment Area or any commercial or industrial
City of Dania Beach
Part I
Article 100 Land Development Code
area that abuts residentially zoned land. lmplements
the lndustrial category of the comprehensive plan.
PEDD
Port Everglades
Development District
Provide for and encourages appropriate and
consistent land use patterns within the .iurisdictional
boundaries of Port Everglades, irrespective of
whether the land being regulated lies within the
municipal boundaries of the cities of Hollywood, Fort
Lauderdale or Dania or within the unincorporated
territory of Broward County. The uses and standards
allowed within this district recognize the need to
accommodate the use of the lands within Port
Everglades which is a major regional facility essential
to the continued economic vitality of the cities and the
county. The intent of the district is accomplished by
concurrent adoption of the regulations by the three
(3) cities and the county with support and
coordination by the port authority. lmplements the
Transportation category of the comprehensive plan.
(E) CRA form-based districts
CC, City Center District fsee (B) Mixed-use zoning districts]
SFED-MU, South Federal Highway Mixed-Use District [see (B) Mixed-use zoning districts]
EDBB-MU, East Dania Beach Boulevard Mixed-Use District [see (B) Mixed-use zoning
districtsl
GTWY-MU, Beach Gateway Mixed-Use District [see (B) Mixed-use zoning districts]
NBHD-MU, Neighborhood Mixed-Use District [se e (B) Mixed-use zoning districts]
NBHD-RES, Neighborhood Residential District [see (A) Residential zoning districts]
OS Open Space
Preserves and protects open space. lmplements the
Recreation and Open Space category of the
comprehensive plan.
City of Dania Beach Draft: August 20108
(F) Other districts
Land Development Code
Sec. 105-10. Applicability.
The detailed use standards of this article do not apply to the CRA form-based zoning districts of
part 3 of this code unless specifically referenced in said CRA districts.
Sec. 105-20. List of residential and open space districts permitted, special exception and
prohibited uses.
N
t
La)o
oo
oc)
rr i(O- c\l
I
t ao
Legend
P - permitted
P(#) - permitted subject to
numbered footnote
A - permitted accessory use only
SE - permitted special exception
use only
m . Not permitted
USES
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ooo@
at
o
(oat
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SE SE SE SE SE SE SEAcademic schools SE SE
Agriculture [sub.iect to sec. 105-
180I
D
PCluster-Single-family
P P P P P PCommunity residential home
Type 1 Jsubiect to sec. 105-1701
P P P
SE SE SECommunity residential home
Type 2 lsubject to sec. 105-'170]
Docking and mooring of boats;
incidental repair lsubject to sec
240-201
Electrical transmission lines
lsubject to sec. 105-1801
P
Emergency generators for
single-family detached and two-
family dwellings [subject to sec.
285-101
Essential services SE SE SE SE SE SE SE CE SE SE
Government facilities lsubject to
sec. 105-1801
P
Home and common area based
assembly lsubject to sec. 105-
1001
Home occupation Isubject to
sec. 105-801
Mechanical amusement devices
lsubiect to sec. 1 10-601
Mobile home parks and
subdivisions lsubject to sec. 105-
2001
Municipally owned or operated
parkina
SE SE SE SE SE SE SE SE SE SE SE
Municipally owned or operated P P P P P P P P P P
gE
9City of Dania Beach Draft: August 2010
Part 1
Article 110
ARTIGLE IO5. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING
DISTRIGTS.
o)o
tll
,NP NP
NP '.NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP NP NP
P NP
NP NP NP NP NP NP NP NP
..NP NP NP NP NP NP NP NP NP NP
NP NP
AE
NP -NP NP t!{x NP NP NP NP NP NP
NP
NP
NP NP NP NP NP NP NP NP
NP NP NP t,&NP NP NP NP NP P NP
P
Part 1
Article 110 Land Development Code
Leoend
P - permitted
P(#) - permitted subject to
numbered footnote
A - permitted accessory use only
SE - permitted special exception
use onlvEMm - Not permitted
USES
q)
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N
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(.)
C)
oo
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=t ao
parks and recreation areas
Multifamily dwellings [subject to
sec. 105-50, 105-701 P(2)P P P
Place of worship
Private clubs, charitable, civic,
fraternal and professional
orqan izations
Private recreation facilities such
as swimming pools, golf courses,
tennis courts, marinas and
accessory facilities including
restaurants
QE SE SE SE SE SE SE SE
Residential care facilities
lsubiect to sec. I 05-'1701.
SE SE
Single-family detached dwellinqs P P P P P P P P P(1)P
Townhouses P P P P(1)
Two-family dwellinqs P P P P P P(1)
(1) Subject to PRD-1 district regulations of sec. 105-220
(2) Only on lots with multiple-family zoning prior
(3) Prohibited except as provided in sec. 105-190 for pre-existing facilities formerly zoned
Broward County l-1.
City of Dania Beach 10 Draft: August 2010
NP NP NP NP NP NP NP
NP NP NP(3):NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP NP NP NP
NP NP NP
NP .NP .NP NP NP NP NP NP .t{P
NP
NP NP NP INP NP NP NP
NP NP NP NP NP
Part 1
Article 110 Land Development Code
Sec. 105-30. Use, docking and repair of boats in residentially zoned waterways.
Cross-reference: chapter 6, "Beaches, waterways, parks and recreation", article 4, "waterway
regulations", which is the primary afticle regulating use of wateNvays. Articb 4 shall govern in
the case of conflict. [Editor's note: Aiicle 4 to be created with OneCode adoption]
The following provisions shall apply to the docking, mooring and use of docked and moored
boats in the city's waterways.(A) Habitation on yesse/s prohibited. Boats docked in residential zoning districts cannot be
used for habitation. As used in this section habitation means overnight occupation by one
or more persons while the vessel is moored, docked or anchored in any public wateMay
lying within the city.(B) Raltmg. Rafting of vessels in residential zoning districts of the city is prohibited. Rafting is
defined to mean the mooring or securing of two (2) or more vessels together, side by side,
by line, cable or other device and moored or secured to any boat slip, dock, pier, wharf,
dockage space or facility. This definition shall not include any vessel secured on davits or
any other hoist, if such vessel is not located in water.
(C) Docked vessel extending past propefty /tne. No watercraft shall be docked or anchored
adjacent to residential zoned property in such a position that it extends beyond the side
property lines of the property or is of such length that when docked or anchored adjacent
to such property it extends beyond such side property lines, unless the adjoining property
owners agree to such extension.(D) Docked yesse/ obslrucflo n of wateNvay. Boats, vessels or watercraft moored to mooring
structures shall not extend to more than thirty (30) percent of the width of the canal or
waterway measuring from the recorded property line.(E) Use of vacant lots adjacent to docking for cooking, washing, efc. Where watercraft are
docked or anchored adjacent to a vacant lot, such lot may not be used for cooking of
meals, washing or drying of clothes or persons, bathing, shower bathing, erection of tents
or canvasses, stringing of lights, or for any use not permitted by this article.(F) Repairing, remodeling, etc. Repair and maintenance of watercraft in residential zoning
districts shall be permitted when such repair or maintenance is routine or minor in nature
and does not involve major exterior alteration, rebuilding, complete refinishing, or removal
of machinery, or the use of power tools (other than small hand-held power tools such as
screw drivers or drills) and equipment (such as auxiliary power units or diesel generators)
in such repair or maintenance.(G) Using boats as places of busmess. No vessel or watercraft of any kind whatsoever,
moored, docked, or upon any of the publicly dedicated waterways in a residential zoning
district shall be used as a place from which any business or professional services of any
type whatsoever are conducted.(H) Hanging wearing apparel on outside of boats. No washed clothes or other wearing
apparel shall be hung on the outside of any docked boat within a residential zoning
district.(l) Docks, pilings and lifts. Dimensional standards for docks, pilings and lifts are regulated in
article 240 (docks and mooring structures).
Sec. {05-40. Townhouses.
ln order to encourage and facilitate attractive design of townhouses, townhouse developments
shall be designed in compliance with the following standards.(A) Common walls between units shall be party walls, fire walls or as otherwise required for
attached single-family dwellings in the Florida Fire Prevention Code. No interconnection
between individual dwelling units is permitted.(B) Townhouse developments shall comply with one of the following methods of land transfer
and ownership:
City of Dania Beach 't1 Draft: August 2010
Part 1
Article 110
Sec.
(A)
(B)
(c)
Sec.
(A)
(E)
(F)
Land Development Code
(1) The subdivision of the whole tract into individual lots, each to contain one (1)
townhouse dwelling unit, together with the platting of the property in accordance with
this code; or(2) Establishment of a condominium corporation by which the actual dwelling units are
under individual ownership and the common areas of the development are owned by
the condominium corporation; or(3) Maintaining the entire development in single ownership by recording a unity of title
agreement with the city as a party, stipulating that the development shall not be
subdivided unless in compliance with all requirements of this code and the city's
release of the property from the unity of title.
105-50. Multi-family dwellings (apartments) in the RM, RM-1 and RM-2 districts.
Each dwelling unit shall have a minimum of one (1) exterior-facing facade W fenestration
to provide light, air, or both.
Laundry facilities, including washing machines and clothes dryers, shall be available on
the premises for use by all occupants of the premises or provided within each indivjdual
dwelling unit. Exterior clothes lines are prohibited within any yard abutting a street and on
all balconies facing a street.
Recreation space. A minimum of four hundred (400) square feet of on-site recreation
space per dwelling unit is required for the joint use of the residents of the development. At
least fifty (50) percent of the required recreation area shall be outdoors in other than a
front yard. Each recreation space shall be developed with passive and active recreation
facilities.
105-60. Swimming pools.
Swimming pools and pool decks may be constructed within required yards except the
required front yard and any required yard abutting a street line.
Pools shall not be placed within a utility or drainage easement.
No part of a pool or pool deck may protrude more than six (6) inches above the finished
floor elevation of the principal building.
The minimum setback for a pool and pool deck is five (5) feet from any lot line except for a
rear lot line abutting a canal or other waterway, in which case there is no minimum
required setback.
Screen enclosures for swimming pools shall be located not less than frve (5) feet from
interior side lot lines and rear lot lines, and shall maintain a minimum fifteen-( 15) foot
corner street side setback, or the required corner side street setback for principal
structures, whichever is greater.
All swimming pools shall be enclosed as required by the building code, so that persons
desiring to use the swimming pool facility cannot gain access to the swimming pool without
going through such enclosure. The enclosure may be either a fence, screen enclosure or
wall, including a building wall that acts as one or more sides of the enclosure, subject to
the requirements of the building code. Pursuant to the building code and Florida law,
audible alarms may substitute for one side of an enclosure that would prevent
unauthorized pool access from within the dwelling. All gates or other means of entrance
through the enclosure shall be self closing and self-latching, and all such gates shall be
maintained in a latched condition when the swimming pool is not in use. The city shall not
issue any permit for the construction of a swimming pool unless the plans make provisions
for an enclosure of the types described in this section.
(B)
(c)
(D)
City of Dania Beach 12 Draft: August 20'10
Part 1
Article 110 Land Development Code
Sec. 105-70. Accessory uses in multi-family dwellings.
lncidental services used in connection with multi-family dwellings in an RM-1 or RM-2 district,
including but not limited to delicatessens, personal service shops and other businesses serving
the residents of the premises, may be permitted provided the following conditions are fulfilled:(A) At least two hundred (200) dwelling units shall be contained within the development.(B) Not more than five (5) percent of the total building floor area within the development shall
be so used.(C) lncidental services shall not have any frontage on a street, and shall not be directly
accessible from a street.(D) No exterior or external advertising shall be permitted.(E) The comprehensive plan must authorize the accessory nonresidential uses in one of the
following ways:(1) The development is located within an area designated for mixed-use on the future
land use plan map; or(2) The flexibility provisions of the comprehensive plan are utilized; or(3) The incidental commercial uses are otherwise permitted by the comprehensive plan
for developments designated Residential Medium (16 du/ac) or Residential Medium-
High (25 du/ac) on the future land use plan map .
Sec. 105-80. Home occupations.(A) Definition. See sec. 725-30 (terms defined).(B) Purpose. The purpose of this section is to allow for home occupations that are compatible
with the neighborhood in which they are located such that the average neighbor will be
unaware of its existence(C) The following home occupations are specifically permitted. The director may permit
additional home occupations upon determination that the home occupations are consistent
with this section.(1) Artists and sculptors.(2) Authors and composers.(3) Home crafts for sale off-site such as dressmaking and tailoring.(4) Office facility of a salesman, sales representative, or manufacturer's representative
provided that no transactions are made in person on the premrses.(5) lndividual academic tutoring.(6) Preserving and home cooking for sale off-site.(7) lndividual instrument or dance instruction between the hours of 9:00 a.m. and 5:00
p.m. on Monday through Saturday of each week.(8) Telephone solicitation work.(9) Home offices, excluding medical offices and counseling services, provided that no
transactions or meetings are made in person on the premises.
(D) Standards. Compliance is required with all provisions of this code pertaining to residential
uses as well as the following standards.(1) All aspects of the use, including storage, shall be conducted entirely within a dwelling
and not outside or within an accessory building or structure.(2) Not more than twenty-five (25) percent of total floor area of the dwelling unit shall be
used in the conduct of the home occupation.(3) There shall be no change in the outside appearance of the building or premises;
signs shall not be displayed on the premises, there shall be no display of products
visible in any manner from the outside of the dwelling, and no vehicles with signage
shall be parked or stored on the premises unless in an enclosed garage except as
provided in sec. 115-120 through 115-140 (commercial vehicle parking and storage
rn residential districts).
City of Dania Beach 13 Draft: August 2010
Pa rt 'l
Article 110 Land Development Code
(4) Merchandise shall not be displayed or offered for sale either within or outside of the
residence.(5) The use shall not generate pedestrian or vehicular traffic, except for:(a) Daily parcel pickups and deliveries by standard shipping carriers such as
USPS, UPS and FedEx; and(b) Clients of tutors and instructors, provided that no more than one (1) individual
may be on the premises at any one time for tutoring or rnstruction.(6) No equipment, materials or process shall be used in a home occupation other than
those which are customary for household or leisure purposes, and no equipment or
process shall create a nuisance to adjoining properties, including but not limited to,
noise, vibration, smoke, glare, fumes, odors, toxicity, or electrical interference. There
shall be no storage of narcotic drugs, or hazardous or toxic materials for use in the
home occupation.(7) The use shall have a valid business tax receipt from the City of Dania Beach and
Broward County.
Sec. 105-90. Outdoor storage containers.(A) Purpose and intent.
It is the purpose and intent of this section to restrict the use of outdoor storage containers
in order to promote and protect the appearance of the city and the public health, safety
and welfare.(B) Definitions. For the purpose of this section, the following terms are defined:(1) Storage container means any steel cargo container or any similar container designed
and intended for transporting materials on ships, trarns, or trucks from one location to
another.(2) Temporary poftable container means any container or receptacle, other than a
storage container as defined above, designed for and used outdoors for the
temporary portable storage of personal property. Temporary portable containers are
ordinarily rented or leased to owners or occupants of real property and are placed
and removed by means of a truck or other motor vehicle. Temporary portable
containers do not have wheels or any other device or mechanism that raises any part
of it above the surface upon which it is located.(C) Permitted temporary poftable containers. A temporary portable container is permitted only
as follows:(1) A temporary portable container is permitted upon a lot occupied by a single-family or
two-family dwelling. The container shall only be located on a front yard driveway.(2) A temporary portable container is permitted upon a lot occupied by a multiple-family
dwelling or townhome. The container must be placed entirely within a single paved
and striped parking space.(3) Temporary portable containers are permitted on any lot where outdoor storage is
specifically permitted by the applicable zoning district, in which cases subsections
(E) through (G) shall not apply.(D) Permitted storage containers. A storage container is permitted only as follows:(1) Storage containers are permitted within zoning districts that specifically permit
outdoor storage, in which cases subsections (E) through (G) shall not apply.(2) Municipal or other governmental agencies may place a storage container upon a
public property within any zoning district, in which cases subsections (E) through (G)
shall not apply.(3) Not-for-profit charitable organizations, as well as authorized vendors, affiliates, or
agencies of such organizations may place a storage container upon a lot as an
City of Dania Beach 14 Draft: August 2010
Part 1
Article 110 Land Development Code
accessory structure and use to a principal building and use, within any zoning
district, subject to subsections (E) through (G).
(E) Temporary poftable container permits.(1) A permit is required prior to placement of a temporary portable container upon any
property. Permit application requirements shall be established administratively. The
city commission may establish and update temporary portable container permit fees
by resolution from time to time. The temporary portable container permit fee shall be
waived for applications submitted during the sixty (60) day period following a named
hurricane event which significantly impacts the city, as determined by the city
manager. The container shall not be placed upon the property until the application is
approved.(2) A copy of the permit shall be consprcuously displayed on the container, within a clear
weatherproof pouch.(3) A permit to place a temporary portable container on a lot shall be issued not more
than one (1)time per calendar year, and shall not be valid for more than thirty (30)
consecutive days.(4) The city commission may consider a waiver to these requirements upon
demonstration of a hardship that is not self-created, and which the commission
determines will not be detrimental to the adlacent community. An application for
waiver must be authorized by the property owner, and shall be accompanied by a
nonrefundable waiver application fee to be established by resolution of the city
commission from time to time,(5) Despite the time limitations provided in this section, all temporary portable containers
must be removed immediately from all lots where placed upon the issuance of a
hurricane warning by the National Hurricane Center of the National Oceanic and
Atmospheric Administration National Weather Service. The obligation to cause
removal of the container rests with the owner of the site who shall sign a notarized
statement to that effect, which must be submitted as part of all applications for
temporary portable containers.(F) Maximum size and number of storage containers and temporary portable containers.(1) No temporary portable container shall exceed one hundred thirty (130) square feet
and ten (10) feet in height.(2) No more than one (1) temporary portable container may be placed upon a lot, except
as provided in (5), below.(3) No storage container shall exceed one hundred sixty (160) square feet and eight and
one-half (8.5) feet in height, except as provided in (5), below(4) No more than one (1) storage container may be placed upon a lot except as provided
in (5) below.(5) The director of community development may authorize two (2) or more temporary
portable containers on multiple-family residential lots, and may authorize two (2) or
more storage containers that may exceed the size limitation in (3) above, upon
making all of the following determinations:(a) that the lot affords sufficient space for placement of the container;(b) that adequate parking and building access remain available on the site; and(c) that the adjacent property owner(s) do not have an objection to additional
storage containers, as evidenced by written consent, or for multiple-family
residential lots where additional temporary portable containers are proposed,
that the property manager, homeowners' association, or condominium
association of the development submits a letter of no objection to the city.(G) Container restrictions. This subsection applies to both storage containers and temporary
portable containers unless otherwise provided.
City of Dania Beach 15 Draft: August 2010
Part I
Article 'l'l0 Land Development Code
(1) All storage containers and temporary portable containers shall be set back a
minimum of five (5) feet from all street lines and property lines, and shall not obstruct
access to any building.(2) Display of signage on any container is prohibited, other than the name, address and
telephone number of the container owner, permanently affixed to the container.(3) Containers shall be kept in good condition, well-painted, free from rust, discoloration,
graffiti. holes and cracks.(4) Contajners shall be kept locked at all times except when the user is not actively
engaged in storing or removing stored items from the container. lf the container is
capable of self-locking upon being closed, it must provide an emergency release
device inside the entrance, visible in the dark, useable by a small child, in case
anyone were to be accidentally locked inside.(5) The container shall not be used to store goods that are, or appear to be, destined for
wholesale or retail purposes.(6) No hazardous substance of any type whatsoever shall be stored within any
container.(7) Only personal property owned by the site owner or occupant shall be stored in the
container.(8) No owner or occupant of a site shall be issued a permit if any outstanding city liens
are unpaid or code enforcement proceedings are pending pertaining to the site, the
owner or the occupant.(9) A representative of the city shall be afforded immediate access upon request to
determine if the contents of the container comply with the restrictions of this section.
('10) Storage containers shall be anchored pursuant to sec. 161.21, "General Design
Requirements" of the building code.
(1 1) Storage containers shall be completely screened on all sides by one (1) or more of
the following, as approved by the director:(a) Walls or opaque fences with a minimum height of six (6) feet;(b) Hedges with a minimum height of five (5) feet; or(c) Any combination of walls, opaque fences, or hedges.
Sec. '105-100. Home and residential common area assembly uses.(A) Applicability. The standards set forth in this section shall apply to any assembly use within
a dwelfing unit, on the lot occupied by the dwelling unit, or area that is owned and
maintained in common by a homeowner's association, condominium association, or
similar entlty.(B) When permitted. Home and common area assemblies are permitted, whether for social,
religious, or other reasons, as an accessory use to the principal residential use.(C) Frequency of assemb/y. Assemblies that occur more than four (4) times per month for two
(2) consecutive months wrll be deemed to be beyond the scope of the accessory use, and
are not permitted.
(D) Parking standard.(1) Home-assembly uses. An assembly use within a dwelling unit, or upon a lot
containing a dwelling unit, that results in the parking of eleven (1 1) or more vehicles
is deemed to be beyond the scope of the accessory use and is not permitted.
Vehicles parked within designated guest or unrestricted parking spaces, or upon a
driveway meeting all requirements of sec. 265-100 on the site of a home assembly,
shall not be counted toward the eleven (11) vehicles. Nothing in this paragraph shall
be construed to allow parking within any yard other than upon an approved surface
designated for parking as provided above.
Gity of Dania Beach 16 Draft: August 2010
Part 1
Article 110 Land Development Code
(2) Common area assembly use. A common area assembly use shall be deemed to be
beyond the scope of the accessory use and shall not be permitted if it results in an
additional six (6) vehicles being parked near the common-area based assembly use,
or if it creates parking demand in excess of the available supply of parking spaces
provided for guests allocated to common-area functions.
Sec. 105-{10. Parking and storage of mobile living units.(A) As used in this section, the term "mobile living unit" shall mean and refer to mobile homes
and house trailers.(B) lt shall be unlawful to park, store or place any mobile living unit at any site within the city,
other than as follows:(1) As provided in subsection (C), below;(2) At a trailer park that holds a valid business tax receipt;(3) As a temporary use pursuant to sec. 675-20 (temporary uses), for a period of time
not exceeding seven (7) days duration, provided that mobile living units converted
and used exclusively as a construction office may be permitted as a temporary use
for the duration of an active building permit for construction of a nonresidential
principal building or expansion of such nonresidential principal building, and
residential construction for three (3) or more dwelling units on a single lot or adjoining
lots; or(4) ln any other manner for a period of more than six (6) consecutive hours, provided
that such parking, storage or placement is not prohibited under another section of the
code of ordinances.(C) Exemption for sa/es /ots. The provisions of this section shall not apply to unoccupied
mobile living units stored on the lots of trailer sales operators that hold a valid business tax
receipt within the city where such unoccupied mobrle living units are being held for sale.(D) Notwithstanding subsection (B), the city manager may authorize temporary placement of
mobile homes or other temporary housing within any zoning district following a natural
disaster.
Sec. '105-120. Parking of commercial vehicles in residential zoning districts.
(A) Class A commercial vehicles as defined in sec. 725-30 shall not be parked, occupied or
stored in any residential or mixed residential and commercial district, except that parking
of such commercial vehicles by a service contractor during the course of a service call or
work on premises is permitted.
(B) Class B commercial vehicles as defined in sec. 725-30 shall be parked or stored in the
side or rear yard where accessible by alley, public or private road, or other legally
permissible means. ln the event the side or rear yard is legally inaccessible, then a single
such commercial vehicle may be parked on a driveway in the front yard of the residence.
Commercial vehicles parked in any yard abutting a street shall not encroach into the public
right-of-way (ex: cannot block or overhang a sidewalk, swale, alley, or travel surface).(C) RMH District. Residents can park one (1) class B commercial vehicle weighing up to five
thousand (5,000) pounds within a carport or enclosed building.
Sec. 105-130. Parking of recreational vehicles in residential zoning districts.
No recreational vehicle, special purpose vehicle, trailer, utility trailer or boat (collectively referred
to as "regulated vehicle" only for the purpose of this section and sec. 105-140) shall be parked
in any residential district except as provided in this section.(A) Permitted locations. All regulated vehicles shall be parked or stored as follows:(1) ln the side yard or rear yard.
City of Dania Beach 't7 Draft: August 2010
Part 1
Article 110
(B)
(c)
Land Development Code
(2) On the driveway in the front yard in the event the side or rear yard is legally
inaccessible, provided the regulated vehicle does not encroach into the public right-
of-way (ex: cannot block or overhang a sidewalk, swale, alley, or travel surface).
The regulated vehicle shall be oriented perpendicular to the street, except where
parked on a paved circular driveway.(3) ln no event shall any regulated vehicle be parked in the public road right-of-way.
Maximum height of regulated vehicles, boats and trailers. thirteen and one-half (13.5) feet
unless parked or stored in a wholly enclosed garage, in which case there is no height limit.
Maximum length and width of regulated vehicles, boats and trailers: thiiy (30) feet in
length and ten (10) feet in width unless parked or stored within a completely enclosed,
roofed and walled permanent structure, in which case no maximum dimensions apply.
Special purpose vehicles. No special purpose vehicle, as defined in sec. 725-30, shall be
permitted to be parked or stored in any residential district except within a wholly enclosed
garage.
Maximum number. No more than one (1) utility trailer, one (1) recreational vehicle and
one (1) boat shall be parked or stored on residentially zoned property, per dwelling unit,
unless such others are within a completely enclosed permanent structure. Parking within
the front yard when authorized by subsec. (A) is limited to only one of the following: one
(1) utility trailer or boat secured to a trailer, or one (1) recreational vehicle.
Mobile homes. No mobile home shall be parked or stored in a residential district. For the
purposes of this section, a "mobile home" is defined to be a vehicular portable structure
built on a chassis and designed to be used and capable of being used without a
permanent foundation as a dwelling when connected with utilities. This definition does not
include a vehicular structure equipped for the road and use as a temporary dwelling during
travel, recreation or vacation.
RMH District. Residents may store one (1) boat and one (1) recreational vehicle per
dwelling unit, provided such boat or recreational vehicle is stored in a location that does
not encroach onto a street or visually obstruct vehicle egress from contiguous propertres.
All boats twelve (12) fee! or longer must be secured onto a currently licensed boat trailer.
Boats and recreational vehicles shall not be stored within a required parking space.
(D)
(E)
(F)
(G)
Sec. 105-140. Restrictions on parking commercial and recreational vehicles in residential
areas.
The following restrictions apply to the parking of commercial vehicles, recreational vehicles,
special purpose vehicles, trailers, utility trailers or boats (collectively referred to as "regulated
vehicles" only forthe purpose of this sectron and sec. 105-130)'(A) Every regulated vehicle permitted in residential areas, except special purpose vehicles
and except those regulated vehicles that are parked and stored within a completely
enclosed building, shall have affixed onto the vehicle a currently valid license tag or decal
and vehicle inspection sticker registered to the vehicle.(B) All regulated vehicles shall be parked or stored with all wheels and tires mounted and
inflated and shall be maintained in a movable condition. No regulated vehicle shall be
supported to any degree by concrete blocks, jacks or any other means of support, except
for. 1) a truck-camper unit that has its own jack and is a structure designed to be mounted
upon and carried by another vehicle; and 2) a recreational trailer that may be supported by
an attached tongue.(C) Any wrecked, partially dismantled or rusted-out vehicles must be stored within a
completely enclosed building.(D) Nothing in this section shall prohibit any person from making minor repairs to a vehicle on
their own property, when such repairs are completed within a twenty-fout (24) hour period.
City of Dania Beach 18 Draft: August 2010
Part 1
Article 1'10 Land Development Code
Sec. 105-160. Accessory buildings and structures.
Accessory structures shall not contain kitchens or cooking facilities or be utilized for dwelling or
lodging purposes.
Sec. 105-'170. Community residential homes and residential care facilities.(A) Homes of six (6) or fewer residents that meet the definition of "community residential
home, type '1" as defined in article 725 (definitions), shall be deemed a single-family
dwelling unit and a non-commercial residential use, and shall be permitted in all districts
that permit single-family or multi-family uses, provided that such homes shall not be
located within a radius of one thousand (1,000) feet of another community residential
home with six (6) or fewer residents.(B) A "community resrdential home, type 2", as defined in article 725 (definitions), having more
than six (6) residents is permitted as a special exception use in the RM, RM-'l and RM-2
zoning districts subject to the foilowing:(1) Such uses shall not be located within twelve hundred ('l ,200) feet of another existing
community residential home or within a radius of five hundred (500) feet of a single-
family zoning district boundary.(2) Such uses shall meet the applicable licensing criteria established and determined by
state agencies pursuant to Chapter 419, F.S.(C) "Residential care facilities", as defined in article 725 (definitions), are allowed only by
special exception in the RM-2 and PRD-1 zoning districts.(D) "Residential care facilities", as defrned in article 725 (definitions), with more than one
hundred ('100) sleeping rooms are allowed by special exception in the RM-2 and PRD-1
zoning districts subject to the following requirements:(1) The facility must have frontage on, and direct vehicular access to, either a minor
arterial containing at least one hundred ten (110) feet of right-of-way, or a principal
arterial as designated on Broward County Trafficways Plan.(2) All dwelling units shall contain only one (1) sleeping room regardless of the number
of accessory rooms including living rooms and bathrooms.(3) The facility shall provide the following services: at least (1) full meal per day from a
central dining facility; central housekeeping services to its residents no less than
weekly; a fulltime registered nurse on call to the residents; planned activities, which
may include, but are not limited to, social, educational and recreational activities.
City of Dania Beach 't9 Draft: August 2010
(E) No regulated vehicle shall be used as an accessory building, orfor storage, or occupied in
any manner, or connected to any utility or electrical service, except as necessary to
perform minor or emergency repairs to such vehicle, and except for recharge of batteries.
Nothing in this subsection shall prohibit the owner of a recreational vehicle, in an
emergency situation, from temporarily residing in the recreational vehtcle on the owner's
property. However, in no event shall the recreational vehicle be used as a temporary
residence for more than forty-eight (48) hours.(F) An opaque fence or hedge measuring six (6) feet in height shall be installed and
maintained to enclose all yards within which any regulated vehicle is parked or stored.
Any hedge must selected and maintained to achieve the requlred height within two (2)
years of planting, and shall be planted in compliance with sec. 275-190(l)(a), which
governs the installation of shrubs.
Sec. 105-'150. Reserved.
Part'l
Article 110 Land Development Code
Sec. 105-1 80. Detailed use regulations for the E-1 District.
The following uses of land that existed at the date of adoption of this code shall be considered
conforming uses, subject to the standards and requirements of this section.(A) Agriculture, including the repair of vehicles and equipment necessary for operation of afarm. The keeping, breeding and use of animals is limited to the following:(1) Breeding, raising or keeping of one (1) animal for each full ten thousand (1O,0OO)
square feet ft of lot area. This restriction does not apply to household pets.(2) On lots exceeding four and one-half (4.5) acres in net area, one (1) additional animal
is permitted for each full ten thousand (10,000) square feet of lot area, provided all
animals are sheltered(3) There is no animal limit on lots exceeding ten (10) net acres in size.(4) The following are permitted on a lot containing a permanent dwelling: a total of
twenty-five (25) birds and fowl, provided they are kept in an enclosure at least fifty
(50) feet from any lot line; and wildlife pets as permitted and licensed by the state.
Offspring under the normal weaning age for the species are not included in
calculating the number of animals.(B) Electrical power lines.(C) Governmentalfacilities.
Sec. 105-190. Places of worship in the RS-6000 District.
Places of worship zoned Broward County l-1 District as of the date of adoption of this code, and
subsequently designated RS-6000 by this code that are consistent with the existing future land
use plan map designation of such properties, shall be deemed to be conforming uses. ln no
other instance is any place of worship permitted in the RS-6000 District.
Sec. 105-200. Mobile home parks and mobile home subdivisions in the RMH District.(A) Existing uses only. Application of the RMH District is limited to mobile home parks and
mobile home subdivisions that existed as of the date of adoption of this code.(B) Access. Each lot or site must abut a hard-surfaced twenty (20)-foot-wide travel surface
with an unobstructed clear zone of at least five (5) feet on each side of the travel surface,
with unobstructed legal access to a public street. Each lot or site must have a driveway
and parking as required by article 265 (off-street parking requirements).
Sec.
Sec.
(A)
(B)
(c)
(D)
105-210. Mechanical amusement devices in RM districts.
See sec. 1 10-60 (mechanical amusement devices).
'l O5-22O. PRD-l District supplemental regulations.
Site plan required for rezonlng. No property may be rezoned PRD-1 without the review of
a site development plan by the planning and zoning board and the approval of the city
commission.
Areas eligible for rezoning to PRD-1 . The PRD-1 District may be utilized throughout the
city, with the exception of any land within a CRA form-based zoning district of Part 3 of this
code.
Density. Density shall be determined by the city commissron in accordance with the
provisions of the comprehensive plan (including allocation of flex and reserve units if
applicable). Residential density shall not exceed five (5) units per gross acre for single-
family cluster developments; eight (8) units per gross acre for other single-family and two-
family development; and sixteen (16) units per gross acre for townhouse development.
See sec. 205-10 (schedule of lot, yard and bulk regulations).
Required information. A site development plan for the purposes of this section shall
include, but is not limited to, the following plans, designs, specifications and information:
20 Draft: August 2010City of Dania Beach
Part 1
Article '110 Land Development Code
(1)The proposed division and layout of the individual lots in such detail as to show the
city the method by which the developer proposes to plat the parcel into individual
lots.
Preliminary paving, grading, and drainage plan with grades or contours.
Elevations, floor plans and uses of all buildings and structures.
Location and character of all facilities for waste disposal.
All curb cuts, driveways and parkrng areas.
All walks, yards and open spaces.
Location, size, character, height and orienlation of lighting.
Location, height and general character of walls and fences.
Landscape plan.
General standards; site development plan. ln reviewing and approving such site
development plan, the planning and zoning board and city commission shall consider the
location, size, height, spacing, appearance, character and utilization of any building,
structure or use and their appurtenances, access and circulation for vehicles and
pedestrians, streets, parking areas, yards, open spaces and relationships to adjacent
property. More specifically.(1) The site development plan shall be consistent with the comprehensive plan and
where applicable, the community redevelopment area plan.(2) The site development plan shall provide for an effective and unified treatment of the
development possibilities on the project site.(3) Application of the principles of new urbanism is encouraged where appropriate with
respect to the location of parking, building orientation and open space.(4) The design of buildings and parking facilities shall take advantage of the natural
features and topography of the project site, where appropriate.(5) All buildings shall be arranged so as to be accessible to emergency vehicles.(6) Existing specimen trees shall, to the greatest extent possible, be preserved or
relocated on site and integrated into the landscape plan.(7) Roads, pedestrian walks and open space shall be designed as integral parts of an
overall site design.(8) Parking areas shall be landscaped and screened from public view to mitigate their
visual impact.(9) Parking areas shall be designed with careful regard to orderly arrangement,
landscaping and ease of access, and shall be developed as an integral part of an
overall site design.
(10) The site development plan shall be designed to be compatible with existing and
conforming development, and proposed development in the area surrounding the
project site.
Conditions of approval authorized. As part of the PRD-I approval process, the city
commission may approve a site development plan with reasonable conditions that the
commission deems are necessary to further the purpose of this article.
Flexibility to reduce yard requiremenfs. The city commission may reduce the minimum
yard requirements during site plan review if the size, width, depth, configuration, or
location of a lot makes it impractical to provide the required setback.
Flexibility to reduce building separation. The city commission may reduce the minimum
required distance between buildings during site plan review after considering the location,
orientation, size, height, and utilization of any two (2) or more buildings or structures; and
the distribution of interior open space.
Single-family cluster option. Clustering of single-family detached dwellings is permitted
subject to the development standards of sec. 205-10 (schedule of lot, yard and bulk
regulations), and subject to the following open space requirements:
2
3
)
)
)
)
)
)
)
)
4
6
6
7
8
(e
(E)
(F)
(G)
(H)
(t)
City of Dania Beach 21 Draft: August 2010
Part I
Article 110 Land Development Code
(1) Not less than forty (40) percent of the total project site area shall be preserved in
pervious open space that is commonly owned and maintained, which may include
active and passive recreational areas, greenways, buffer strips, gardens, nature
preserves and other similar uses.(2) Provisions shall be made to assure that common areas and facilities that are to be
jointly utilized by project resrdents shall be maintained in a continuous and
satisfactory manner and without expense to the city. Such assurance may be
provided by the requirement of homeowner association memberships for the purpose
of holding joint title to, and assessing monthly maintenance fees for, such areas and
facilities. Other methods may be acceptable if they satisfactorily provide for the
proper and continuous payment of taxes, expenses and maintenance without any
part of such charges being incurred by the city. The agreement incorporating such
provisions shall be reviewed by the city attorney as to form and legal sufficiency, and
recorded.(J) Former PUDs. The Planned Unit Development District (PUD) was established on July 20,
1976 by Ordinance Number 100. Of the five (5) versions of the PUD that were adopted,
only one (PUD-B) was ever mapped and utilized for development. Ordinance Number
XXX, adopted on )o(x, 2010 repealed the PUD districts and rezoned and redesignated
properties with PUD-B zoning to the PRD-1 District. Development within the redesignated
PRD-'I districts shall be deemed to be fully conforming with the code, pursuant to the
approved site development plans and agreements made part of the respective rezoning
ordinances. The nonconforming provisions of this code shall not apply to development
formerly zoned PUD-B that have been re-designated PRD-1 .
ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED.USE DISTRICTS.-
Sec. 1 10-1 0. Applicability.*The detailed use regulations of this article do not apply within the CRA form-based districts of
part 3 of this code unless otherwise provided.
Sec. 110-20. List of permitted, special exception and prohibited uses.
lncluded in the table below are permitted, special exception and prohibited uses within
commercial districts, the residential office (RO) district, and generalized permitted and special
exception uses within the mixed-use CRA form-based districts. Permitted and special exception
uses shown in this table for the CRA form-based districts are not allowed in all areas of a
district; therefore, the more detailed regulations of article 302 must be consulted to determine
whether a particular use is permitted in any given location. Article 302 shall take precedence
over this table.
Leqend
P - permitted
P(#) - permitted subject to numbered
footnote
A - permitted acc€ssory use onlyqE permitted special exception use only
! - llot oermittea
USES
COMMERCIAL
ZONING DISTRICTS
oo
ooo@
^Ori-oo
f
ouJtro
:)
=
=
(,
f
oId)z O
N
O O o
Accessory uses to permitted and
special exception uses
A
City of Dania Beach 22 Draft: August 2010
MIXED.USE DISTRICTS
CRA FORM-BASED DISTRICTS
l
mdloul
NP
Land Development Code
Leqend
P - permitted
P(#) - permitted subject to numbered
footnote
A - permitted accessory use only
SE - permitted special exception use onl
COMMERCIAL
ZONING DISTRICTS
SE
SE
SE
CE
SE
SE
P
P
SE
v
NP - Not permitted
USES
Arcade or amusement center [subject
to sec. 1 '10-60, 110-1901
Art alleries, museums, and libraries
Assembly and light fabrication of
materials' Assembly, repair. and fabrication ofI premanufactured art objects. apparel.
I jewelry, and home furnishings,
I accessory to retail use [subject to sec
1 10-1 50
Athletic clubs
Auditoriums, theaters and convention
halls, movie theaters
I Automobile rental establishments.
I other [subJect to sec.'l 10-80]
I Automobile rental establishments, with
] parking or storage for ten (10) or fewer
I vehicles subject to sec. 110-1901
Automobile repair, minor [subject to
sec. 1 10-90j
Automobile, truck, motorcycle, boat,
trailer, recreation vehicle sales,
P
dis , accesso re air and service
Auto parts, retail or wholesale
Bakeries, delicatessens
Bin o hall
Charitable, cavic, fraternal and
professional organizations, excluding
social service roviders and a encres
Check cashing stores [subject to sec
1 10-1 901
cit of Dania Beach munici al use
Contractor shop (air conditioning,
enter,lumbin , electrical,lass
Co sho rintin sho
Dry cleaning establishments, excluding
self servrce laundries, for direct service
to customers
ia
P
P
P
PP
CRA FORM.BASED DISTRICTS
oo
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=ouJl!tl)
lEoIdlz (-)
N
O
NP SE SE NP NP NP
NP P P P P P NP P P
NP SE NP NP NP SE NP NP NP
NP NP
NP P P P P P NP P P
NP SE SE NP NP SE SE SE
NP NP NP NP NP NP NP NP NP
NPNP NP NP NP NP NP NP SE
NP NP NP NP NP NP NP NP
NP SE SE SE NP NP NP NP NP
NP P P P P P NP P P
NP P P P P NP P P P
NP P P P P P NP P P
NP SE SE NPSESESE NP NP NP
NP NP SE
NP NP NP NP NP NP NP NP SE
NP P P P P P P P P
NP NP NP
I
NP NP NP NP NP NP SE
NP P P P P P NP P P P
Day care centers NP P P P P NP P P
Drive{hrough service, other lsubject to
sec. 1 '10-190, 110-2201 NP NP P NP P P SE
P P P P NP P
City of Dania Beach 23
Part 1
Article 110
I
Banks and financial institutions
JI
P
MIXED-USE DISTRICTS
OO
l
=como
u.l
=
=
Eo O
SE SE SE NP
P
A NP
SE SE
SE
SE SE SE SE SE SE
P
P P
NP P
Draft: August 2010
Part 1
Article 110 Land Development Code
Leqend
P - permitted
P(#) - permitted subject to numbered
footnote
A - permitted accessory use only
SE - permitted special exception use only
! - ruot oermitteO
USES
I\iIIXED-USE DISTRICTS COMMERCIAL
ZONING DISTRICTSCRA FORM-BASED DISTRICTS
(.)
o)
ooo6
o3r-
f
=c0dto[!
l
o
UJLLa
f
=
F(,
lEo-coz O
N
O O O
Fortune tellers, palmists, clairvoyants
or astrologists lsubject to sec. 1 10-1 90]P P P P P P P
Freestanding fast food or drive{hrough
restaurant lsubject to sec. 1 10-1 90]P P P SE SE
Funeral homes and mortuaries P P SE SE
General service and repair shop P P P P P P P P
Gun shops lsubject to sec. 110-190]SE SE
Hotel lsubject to sec. 1'10-1001 P P SE P SE SE SE
Ken nel P P P P P P
Large retail establishment [subject to
sec. '1 10-'120, 1 1 0-1 90, articles 51 0,
5201
P P P P SE SE
Liquor, package stores lsubject to sec
1 10-501 P P P
Mixed residential and commercial uses P P P P P
Motor fuel pumpsi retaal [subject to sec.
1 10-901 SE SE
Multifamily dwellinos P P P P
Office, business P P P P P P P P P P
Office, professional P P P P P P P P P P
Offace, medical [sec. 110-40 and sec,
110-190(c) govern pain management
clinacsl
P P P P P P P
One watchman or caretaker dwelling
unit [subject to sec. 110-30, 230-20]A
Outdoor produce sales [subject to
sec.110-1901
A
Outdoor restaurant seating [subject to
sec. 1 '10-2001 5tr SE SE
Outdoor stands, other; open counters SE SE SE SE SE SE SE SE
Outdoor storage of new materials and
equipment lsubject to sec. 110-210]SE
Pawn shops lsubject to sec. 'l 10-1 90]5tr SE
Personal service establishments P P P P P P P P P
Places of worship P P P P P P P
Public or private parking facility
(principal use)P P P P P P P
Residential care facility [subject to sec.
105-1 701 SE SE SE
Restaurants and bars, full service
without live entertainment [subject to
sec. 1 10-501
P P P P P P P
City of Dania Beach 24 Draft: August 2010
o
C)
NP P NP
NP NP NP NP NP
NP NP NP NP NP NP
NP NP
NP NP NP NP NP NP NP NP
NP NP NP
NP NP NP NP
NP NP NP
NP NP NP NP NP NP NP
NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP P NP NP NP NP
NP P NP
NP NP
NP
NP NP
NP NP
NP NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP
NP P NP
NP P NP
NP NP P P NP NP NP
NP P P
I
SE_
Leqend
P - permitted
P(#) - permitled subject to numbered
footnote
A - permitted acc€ssory use only
MIXED-USE DISTRICTS COMMERCIAL
ZONING DISTRICTS
SE
5tr
permitted special exception use only
NP - Not permitted
USES
SUb ect to sec 110-50
Restaurant, drive-in [subject to sec
110-190.110-220
Restaurant, takeout
I Retail stores lsubject to Sec. 110-
lreo(c)l
School, academic
School. colle e
School, s ecial
Self-service or coin operated laundry
lsubject to sec. 1 10-1901
Storage and sales of lumber and
building materials within a completely
enclosed building
Tattoo or body piercing parlor [subject
to sec. 110-1901
Thrift and consignment shops [subject
to sec. 110-1901
Veterinarian animal hos ital
Vinyl sign fabrication and sign printing
I shops (excluding metal fabrication
I sand blasting and spray painting
tocesses
lWarehousing
Wet or dry stack marina and related
acilities lsubject to sec. '1 1 0-170]
P
P
D
P
P
SE
SE
l
Sec. I 10-30. Caretaker or watchman quarters within commercial districts.(A) One (1) dwelling unit is permitted within a principal commercial building for an on-site
caretaker or watchman quarters not to exceed twenty (20) percent of the gross floor area
of the principal building to which the use is accessory or twelve hundred (1,200) square
feet, whichever is less. No allocation of a residential flexibility unit or reserve unit is
required. Cross-reference. sec. 230-20 (floor area standards for caretaker or watchman
quafters).
Sec. I10.40. Pain management clinics.
Pain management clinics, as defined in sec. 725-30, shall be subject to the following
supplemental regulations.
CRA FORM-BASED DISTRICTS
oo
:
=d]d]otlJ
f,
+
E
l
=oIoz (_)
N
O
NP P P P NP SE SE
NP NP P P NP NP NP
NP P P P P P P
P NP PNPPPPP
NPNPNPSESE SE P P
NP P P NP SE P P
NP P NP P P P
NP NP NP NP NP SE NP NP SE SE
NP NP NP NP NP NP NP NP NP
NP NP NP NP NPNPSENP SE SE
NP P P P P P P PTemporary uses and special events
[subject to article 675]
NP NP NP NP NP NP NP SE
NP P P P P P NP NP NP NP
NP SE SE NP NP SE
NP NP NP NP NP NP NP NP SE P
NP NP NP NP NPNPNP SE SE
City of Dania Beach 25 Draft: August 2010
Part 1
Article 110 Land Development code
YIOI
Restaurants and bars with live
entertaanment as an accessory use
'. 1
o
C)
ooo@
a)oE=
f
o
UJTLa O
P SE
P SE
P P
P
5ts
P P
P P P
P
NP
NP NP SE
NP
Part 1
Article '110 Land Development Code
Sec. 1 1 0-50. Proximity of alcoholic beverage establishments to other establishments and
uses.
(A)The distance separation requirements of this section shall not apply to.(1) The sale of beer for consumption off-premises; and(2) Restaurants and cafes (including outdoor or open-air cafes specifically approved by
the city commission) serving beer and wine, but not liquor, for consumption on the
premises only, that are located within the Community Redevelopment Area form-
based code districts.
The sale of alcoholic beverages for consumption on or off the premises, other than as
provided in subsection (A), shall be prohibited at any location within one thousand (1,000)
feet of any of the following listed uses:(1) academic schools
(B)
2) places of worship
) theatres
) playhouses
) lodge halls) private clubs) amusement arcades
) meeting halls
) any other alcoholic beverage establishment with a valid or renewable license to
serve liquor for consumption on or off the premises, provided that the owner of an
existing license shall have a vested right to transfer the license to another location
within one thousand (1,000) feet of the existing licensed location.
3
4
6
7
8
o
(C) The distance separation shall be measured from the building or portion of such building
where an alcoholic beverage establishment is proposed, to the building or portion of such
building containing another alcoholic beverage establishment or a use listed use in
subsection (B), except as follows, using the measurement methodology of sec. 700-140
(measurements).(1) Where the measurement is to a school, the distance shall be measured from the
building or portion of such building where an alcoholic beverage establishment is
proposed, to the school grounds used as part of the school's facilities.
City of Dania Beach 26 Draft: August 2010
(A) On-site dispensing of controlled substances that are identified in Schedule ll, lll, or lV in
Sectrons 893.03, 893.035 or 893.0355, Florida Statutes, unless otherwise expressly
permitted by statutory or general law, is prohibited.
(B) Any parking demand created by a pain management clinic shall not exceed the supply of
parking spaces legally available within the parking areas allocated on the site as requared
by article 265 (off-street parking requirements). An applicant may be required to
demonstrate that on-site traffic flow and parking will be sufficient to accommodate parking
demands generated by the pain management clinic based on a current traffic and parking
study prepared by a certified professional, if requested by the city.(C) Nonconforming uses. Any application for a certificate of use for a business operatrng as a
pain management clinic prior to April 28, 2009 shall be subject to zoning regulations in
effecl prior to July 28, 2009, which is the effective date of Ordinance 2009-009 that
created thrs section. Any such clinic legally in existence prior to the effective date of
Ordinance 2009-009, but now in violation of its provisions, shall be considered a legal
nonconforming use.(D) Enforcemenf. Enforcement of these supplemental regulations shall be as provided by law.(E) Separatlon reourremenls. Pain manaqement clinics shall be subiect to the seoaration
requirements of sec. 1 10-190(C).
Part 1
Article 110 Land Oevelopment Code
(2) Where the measurement is to an existing alcoholic beverage establishment that is
licensed to serve liquor on or off premises, the distance separation shall be
measured from the main entrance of the proposed establishment to the main
entrance of the existing establishment using the shortest route by pedestrian travel.(D) Whenever a permit or license for an alcoholic beverage establishment has been lawfully
procured, and thereafter, a listed use in subsection (B) is to be established within one
thousand (1,000) feet of the alcoholic beverage establishment, the establishment of the
listed use shall not cause the alcoholic beverage establishment to become nonconforming.(E) Waiver of distance requirements for establishmenfs /rcersed to seve liquor on-premises.
An applicant for a license to sell liquor, in addition to beer and wine, within one thousand
(1 ,000) feet of another place of business so licensed, may apply for a waiver of the
proximity requirements set forth in subsection (B)(9). An application for a waiver of the
proximity requirements shall be processed as set forth in this section.(1) A waiver of the proximity requirements for establishments licensed to serve liquor on-
premises shall be granted only upon the applicant demonstrating by a
preponderance of the evidence that all of the following criteria are met:(a) That the waiver maintains the stability and appearance of the community; and(b) That the waiver will not adversely impact the public interest or adjacent
property and all necessary alternative measures shall be taken by the applicant
to prevent any such impact; and(c) That the sale of liquor in addition to beer and wine at the requested location will
not cause a detrimental impact to the value of existing contiguous uses, to uses
in the general area and to the zoning district where the sale is to be located;
and(d) Any applicant for a waiver of the proximity requirement must be enrolled in the
Florida Responsible Vendor Program administered by the Division of Alcoholic
Beverages and Tobacco, and must continue to be a member in the
Responsible Vendor Program as a condition of obtaining the waiver.(2) Application required. An applicant for a waiver of the proximity requirements under
this subsection shall submit an application to the community development
department specifying the request and addressing all issues described in
subparagraphs (1)(a)-(d) above.(3) Fee required. An applicant for a waiver of the proximity requirements under this
section shall be accompanied by an application fee as may be established by the city
commission from time to time. ln addition to the application fee, any administrative
review and processing costs incurred by the city shall be paid by the applicant
pursuant to article 685 (cost recovery).(4) Burden of proof. The applicant shall have the burden of showing that all standards,
requirements and criteria of this subsection have been met. The applicant shall have
the burden of going forward with evidence to show these elements, and shall have
the burden of persuasion on all questions of fact which are to be determined by the
city commission.(5) Planning and zoning board review. Each application for a waiver of the proximity
requirements shall be referred to the planning and zoning board for recommendation.(6) lf the city commission determines that the application for a waiver meets the criteria
provided in this section, the city commission shall approve the application by entering
a resolution granting the waiver and imposing such conditions and safeguards as are
appropriate. The resolution granting the waiver shall include a time period, not to
exceed one hundred eighty (180) days, within which a building permit shall be
secured if one is required to implement the use for which the waiver is granted. The
waiver shall expire if the building permit to implement the improvements authorized
City of Dania Beach 27 Draft: August 2010
Land Development Code
by the waiver is not secured within the time frame specified in the resolution.
Violation of any condition of a resolution granting a waiver under this subsection shall
be a violation of the code, and the resolutron may be revoked by the city commission
at any time upon a determination that the applicant is not in compliance with the
resolution or the code.(F) Definitions used in this section.(1) Alcoholic beverages: all beverages containing more than one-half (112) of one
percent of alcohol by weight.(2) Liquor: lhal substance known as ethyl alcohol, ethanol, or spirits of wine ln any form,
including all dilutions and miltures, from whatever source or by whatever process
produced and includes any and all distilled or rectified spirits, brandy, whiskey, rum,
gin, cordials, or similar distilled alcoholic beverages.(3) Wine: beveruges made by the fermentation of fresh fruits, benies or grapes
including champagne, sparkling and fortified wine, vermouths, and like products..(4) Beer: all brewed alcoholic beverages containing malt.(5) Consumption on premises: consumption of all beers, wines or alcoholic beverages
of every kind, or the right to sell by the drink or bottle such beverages.(G) Chapter 4, "Alcoholic Beverages" of the code of ordinances regulates the operation of
alcoholic beverage establishments.
Sec. 110-60. Mechanical amusement devices. Mechanical amusement devrces are
permitted as accessory uses to the principal uses listed below, subject to the accompanying
limitations:(A) Any retail or commercial use, restaurant without a bar, and hotel, or apartment complex
with fewer than one hundred (100) lodging rooms or dwelling units, respectively, as
follows:(1) Three hundred fifty (350) to six hundred ninety-nine (699) square feet of pubtic use
floor area--one (1) machine allowed.(2) Seven hundred (700) to one thousand nine hundred ninety-nine (1,999) square feet
of public use floor area-two (2) machines allowed.(3) Two thousand (2,000) square feet or more of public use floor area-three (3)
machines allowed.(B) Any bar having a valid alcoholic beverage license from the State of Florida classified as
2COP or a higher, restaurant with bar, and hotel or apartment complex with not less than
one hundred (100) nor more than two hundred (200) lodging rooms or dwelling units,
respectively, as follows:(1) Zero to nine hundred ninety-nine (999) square feet of public use floor area-Three (3)
machines allowed.(2) One thousand (1,000) or more square feet of public use floor area--Six (6) machines
allowed.(C) Recreation uses, including but not limited to bowling alleys, skating rinks, athletic/sports
clubs, miniature golf courses, pool or billiard rooms using only regulation size tables, and
hotel or apartment complexes with more than two hundred (200) lodging rooms or dwelling
units, respectively, as follows.(1) Zero to six hundred ninety-nine (699) square feet of public use floor area-One (1)
machine allowed(2) Seven hundred (700) to nine hundred ninety-nine (999) square feet of public use
floor area--two (2) machines allowed.(3) One thousand (1,000) to one thousand nine hundred ninety-nine (1,999) square feet
of public use floor area--three (3) machines allowed.
City of Dania Beach
Part 1
Article 110
28 Draft: August 2010
Part 1
Article '110 Land Development Code
(4) Two thousand (2,000) square feet or more of public use floor area-ten (10)
machines allowed.(D) The following restrictions and conditions shall apply to the accessory use of mechanical
amusement devices allowed under subsections (A), (B), and (C) above.(1) There shall be no sign identifying the availability or location of the mechanical
amusement device that is visible from the e).terior of the building within which the
mechanical amusement device is Iocated.(2) The mechanical amusement devices shall not be located within separate rooms from
the public use area except in connection with subsection (C), above, nor in any case
accessible from other than the public use area of the facility within which said
mechanical amusement devices are located.(3) All mechanical amusement devices lawfully existing with valid business tax receipts
on September 14, 1982, may continue and be renewed as a legal nonconforming
use.(E) A valid business tax receipt for operation of mechanical amusement devices is required in
accordance with sec. 10-5 of the Code of Ordinances.
Sec. 110-70. Reserved.
Sec. 1 10-80. Auto rental lots. The following requirements apply to auto rental lots with
parking or storage for more than ten ('10) cars.(A) Servicing of vehicles available for rental on the premises is limited to washing and
lubrication only, provided the servicing activities are conducted within a building with no
garage opening visible from the street or adjoining property.
(B) Auto rental lots shall include an office structure containing toilet facilities.
(C) One (1) gas pump is permitted for the sole purpose of fueling the vehicles available for
rental on the premises. The pump shall be located not more than ten (10) feet nor less
than five (5) feet from the rear lot line. Where one ('1)or more lot lines abut a residentral
district, a wall not less than five (5) feet in height shall be erected along such rear lot line.
(D) No automobiles shall be sold or held for sale.
Sec. ll0-90. Motor fuel pumps and minor automobile repair establishments. Motor fuel
pumps and minor automobile repair, as combined or separate uses, are subject to the following
regulations.(A) The premises shall not be used as a public or private parking lot unless so authorized by
the city for motor vehicles other than those vehicles belonging to employees of the
establishment or the vehicles of persons patronizing the establishment.(B) The minimum required setback for all mechanical repair bays and facilities is fifty (50)
feet.(C) The minimum required street side setback for all motor fuel pumps and car washes is thirty
(30) feet.(D) Compliance with the architecture and design standards of articles 510 and 515 is required.(E) There shall be no storage or display of any merchandise including tires outside of the
principal building structure.(F) No sales, rentals or leasing of storage space, is permitted. No vehicle may be parked on
the site for more than seventy-two (72) hours. No storage of used auto parts or wrecked
vehicles, including water craft and trailers, shall be located outsade the principal structure.(G) At all times the premises shall be maintained in a clean and orderly condition.(H) This use is subject to the locational restrictions of sec. 1 10-1 90.
City of Dania Beach 29 Draft: August 20'10
Part 1
Article 1'10
Sec. 110-100. Hotels.(A) Hotels shall comply with the following conditions.(1) Guestroom access shall be via interior corridors.(2) lndividual wall or window mounted air conditioners (if used) shall not project beyond
any exterior wall of the buildang.
Sec. 1 10-110. Reserved.
Land Development Code
1 1O-12O. Large retail establishments.
Applicability. This section applies to large retail establishments located outside of the CRA
form-based zoning districts.
Definition. "Large retail establishment" is defined in sec. 725-30.
Frontage. Frontage on a Trafficway identified on the Broward County Trafficways Plan is
req uired.
Parking. No more than ten (10) percent of the required onsite parking spaces for a large
retail establishment, and not to exceed fifty (50) spaces, shall be located between the
establishment and any public street.
Loading/unloading zone. No loading or unloading areas shall be visible from a residential
zoning district or public street.
Large retail establishments are subject to the design standards of articles 510 and 520.
Large retail establishments are subject to the separation requirement of sec. 1 1 0-1 90.
)
)
D
c
Sec.
(A)
(D)
(F)
(G)
(E)
Sec. 1 10-130. Storage containers.
See sec. '105-90.
Sec. 110-150. Accessory assembly, repair, and fabrication.
The conditions of use within the commercial districts are as follows:(A) Activity shall be limited to pre-manufactured home furnishings, art objects, clothing, leather
goods and jewelry, to the extent each such use is permitted as an accessory use in a
particular zoning distrjct.(B) Activity shall be accessory to a lawful retail use.(C) The percentage of floor area devoted to light assembly and fabrication shall be limited to
forty-nine (49) percent of the gross floor area or two thousand (2,000) square feet,
whichever is less.(D) Activity shall not be visible from any the street, and shall be conducted with a fully
enclosed building.
Sec. tl0-160. Outdoor produce sales. Outdoor produce sales (fresh fruit, vegetable, plant
and flower retaal sales) is a permitted accessory use to a retail use that primarily sells
unprepared (uncooked) food, beverages or both, subject to the following conditions:(A) The applicant shall submit a plan showing the size and location of the display and sales
afee(B) The display and sales area shall be set back at least twenty-five (25) feet from any street
line, shall not shall not be located within a driveway or drive aisle, shall not occupy more
than two (2) required parking spaces, shall not exceed a total area of two hundred (200)
square feet, and shall be marntained in a neat and orderly condition.(C) This use is subject to a minimum distance separation from like uses pursuant to sec. 110-
190.
City of Dania Beach 30 Draft: August 2010
Sec. 110-140. Reserved.
Part 1
Article 110
Sec. I 'l 0-170. Wet or dry stack marina and related facilities.
The conditions of use are as follows.
(A) The marina site shall abut a navigable waterway.
(B) All buildings shall be set back a minimum distance of one hundred ('100) feet from any lot
line designated residential on the future land use plan map or zoning map. Cross-
reference: sec. 215-110 (special setbacks for ceftain uses and zoning disticts).
(C) ln the C-3 and C-4 districts, no wet or dry stack marina building can exceed thirty (30) feet
in height nor contain more than fifty (50) boat slips. Cross-reference: sec.220-50 (special
height restrictions for ceftain uses)-
(D) All buildings and structures shall be stucco over concrete block construction, or the
acoustic equivalent.
Sec.
(A)
(B)
(c)
I 10-180. Residential Office (RO) District supplemental regulations.
Any property in this district that involves conversion of a non-office use to general office
use shall be reviewed pursuant to the site plan review procedures of article 635.
Both rehabilitation of existing structures and new construction shall comply with principal
arterial commercial design standards of article 510. Additionally, the design, scale, and
appearance of all structures in this district shall be compatible with single-family
residences even though the office buildings may be significantly larger in size. The intent
is to achieve a compatible architectural relationship with nearby single-family residential
development. The facades and rooflines of the office building(s) shall be designed to break
up any linear appearance and form.
The design of the parking lot may utilize tandem parking spaces in a circular drive design
with an interior landscaped island. Head-in/back-out parking is not permitted.
Sec. I l0-1 90. Uses subject to minimum separation distances.
(A) The following uses shall be separated from similar existing uses, or similar approved but
unbuilt uses, by the minimum distances specified below, measured from property line to
property line unless otherwise indicated. Sec. 700-140 provides more detailed information
as to how minimum distance separations must be measured.(1) Check cashing stores: two thousand five hundred (2,500) feet.(2) Pawn shops: two thousand five hundred (2,500) feet.
(8)
Thrift shops: two thousand five hundred (2,500) feet.
Gun shops: two thousand five hundred (2,500) feet.
Tattoo or body piercing parlors: two thousand five hundred (2,500) feet.
Freestanding fast food, drive-in and drive{hrough restaurants: two thousand five
hundred (2,500) feet. See also sec. 110-220 (drive{hrough facilities).
Fortune tellers, palmists, clairvoyants or astrologists: two thousand five hundred
(2,500) feet.
Motor fuel pumps, and minor automotive repair, measured from other such uses on
the same side of the street: two thousand five hundred (2,500) feet. Existing
establishments that do not satisfy the minimum distance separation shall not be
deemed nonconforming uses provided they comply with all requirements of sec. 'l 10-
90 (detailed use regulations for motor fuel pumps and minor automobile repair
establishments).
Commercial drive{hrough facilities that are subject to the principal arterial
commercial design standards: five hundred (500) feet measured from the driveways
of any two (2) sites on the same side of the designated arterial. Existing drive-
through facilities that do not comply with the distance separation requirement are not
deemed to be nonconforming uses. See also sec. 110-220 (drive-through facilities).
(e)
3
4
5
o
)
)
)
)
(7)
City of Dania Beach 3'r Draft: August 2010
Land Development Code
Land Oevelopment Code
City of Dania Beach 32 Draft: August 2010
Part 1
Article 110
(10) Auto rental establishment with parking or storage for ten (10) or fewer cars: fifteen
hundred (1 ,500) feet.
(1 1) Outdoor produce sales: one thousand (1,000) feet measured between produce
stands. See sec. 110-160 (detailed use regulations for produce sales) for additional
regulations.(B) The following uses shall be separated from parks, day care, academic schools, or
residentially zoned or used land, as applicable, as provided below.(1) Tattoo or body piercing parlor shall have a minimum separation of one thousand
(1,000) feet from any park, day care, academic school and residentially zoned or
used land, measured from property line to property line.(2) Motor fuel pumps and minor automotive repair uses, whether separate or combined,
shall be no closer than one thousand fifty (1,050) feet from the nearest point of a
day care, academic school, public recreation area, place of worshtp, or conforming
residential use, which distance shall be measured between the closest driveway of
the motor fuel pump or minor automotave repair use to any property line of the uses
listed above, by following the curbline or edge of street pavement where no curb
exists, of the shortest vehicular route.(3) See sec. 1 10-50 for distance separation requirements applicable to alcoholic
beverage establishments.(4\ See sec. 1 15-60 for adult entertainment establishment distance separation
requirements.(5) Self-service or coin operated laundries shall be separated from residentially zoned or
used land by at least two hundred frfty (250) feet, measured property Iine to property
line.(6) Freestanding fast food and drive{hrough restaurants shall be separated from parks
and academic schools by at least one thousand (1 ,000) feet, and drive through lanes
shall be set back at least one hundred fifty (150) feet from a residentially zoned or
used lot line.(7) Fo(une tellers, palmists, clairvoyants or astrologists must be separated from places
of worship and academic schools by a minimum of one-thousand (1,000) feet as
measured betlveen prope(y lines.(8) Mechanical amusement devices accessory to any use other than a hotel or motel
must be separated from academic schools and places of worship by at least three
hundred (300) feet. See sec. 110-60 for additional requirements pertaining to
mechanical amusement devices.(9) Large retail establishments shall be located at least two hundred fifty (250) feet from
any lot within a residential zoning district, measured property line to property line.
('10) Accessory outdoor storage of new materials and equipment for sale shall be
separated from any residential zoning district boundary by at least five hundred (500)
feet.(C) The followinq distancinq requirements shall aoplv to pain manaoement clinics and retail
pharmacies. as these uses are defined in sec. 725-30 of the Code.(1) No retatl pharmacv shall be oermitted to locate within the same shoppinq center or
within a 1.000 foot radius of anv pain manaqement clinic.(2) No pain manaoement clinic shall be oermitted to locate within the same shopoinq
center or within a 1.000 foot radius of any retail pharmacv.(3) No retail pharmacv shall be permitted to locate within a 1,000 foot radius of another
retail pharmacy.(4) No parn manaqement clinic shall be oermitted to locate within a 1.000 foot radius of
another pain manaoement clinic.
Part 1
Article 110 Land Development Code
Sec. 110-200. Outdoor restaurant seating.
Outdoor restaurant seating is permitted as an accessory use to an indoor restaurant containing
at least five hundred (500) square feet of gross floor area. Outdoor seating requires its own
Certificate of Use.
Sec. 1 10-210. Outdoor storage of new materials and equipment for sale.
Wherever outdoor storage of new materials and equipment for sale is permitted by sec. 'l '10-20,
such slorage:
(A) ls permitted only as an accessory to a principal retail use.
(B) Shall not occupy more than twenty (20) percent of the lot area or principal use lease area,
whichever is smaller.
(C) Shall not exceed an area equivalent to forty-nine (49) percent of the on-site enclosed air-
conditioned building floor area of the principal use.
(D) Shall be setback a minimum of twenty-five (25) feet from any street line.
(E) Shall be separated from residential zoning pursuant to sec. 110-190.(F) Shall not be visible from any roadway designated as a Trafficway on the Broward County
Trafficways Plan.
(G) Shall be screened on all sides by a minimum six (6) foot high wall except where a building
on the same lot as the storage area intervenes between the storage area and any lot line.
Sec. 1 10-220. Drive-through facilities.
No drivethrough accessory use shall project into any front yard or, if applicable, street side yard
further than the principal building. A maximum of three (3) drive-in stalls are permitted and shall
be located so as to not restrict pedestrian access to any public entrance of the principal building.
Any portion of the drive-in facilities, including access drives, which are located between the
principal building and the required off-street parking facilities shall have adequate pedestrian
safeg u ards.
Sec. '110-230. Residential care facilities. See sec. 105-170
City of Oania Beach 33 Draft: August 2010
Pain manaoement clinics and retail oharmacies existinq on the date of adoption of this
subsection that do not complv with these distance separation requirements are not deemed to
be nonconformino uses.
Part 1
A(icle 1 15 Land Development Code
ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE.
Sec. 115-10. Applicability.
This article establishes the permissible uses of land within the city's industrial zoning districts
Sec. 115-20. How to use this article. The schedule of permitted, special exception and
prohibited uses below has the following information: whether a use is permitted, permitted by
special exception or prohibited in a given zoning district; and, references to the footnotes below
the table that detail the requrrements upon which the permissibility of any given use is
conditioned.
Sec.
(A)
(B)
'115-30. Port Everglades Oevelopment District (PEDD).
The PEDD was established by Ordinance Number 19-85, which was adopted by
intergovernmental agreement with other jurisdictions that include Port Everglades. The
permitted uses established by said ordinance are very broad and not defined. Therefore,
incorporating the list of PEDD permitted uses into the more detailed format used in this
artrcle for all industrial districts required variation and interpretation of some of the
terminology used in Ordinance 1 9-85. The full and literal provisions of Ordinance 19-85
are provided in article 320 of this code, and shall govern in the case of conflict with the
regulations provided in this code.
Article 320 is the location of all regulations pertaining to signage, off-street parking and
loading, landscaping, and other development regulations.
Sec. 1 15{0. Schedule of permitted uses.
Leqend
P - permitted
A - permitted accessory use only
#, # - (ex: 'l ,2) permitted subject to the conditions of use numbered 1 and 2 found in sec. 1 15-50
SE - permitted special exception use only, pursuant to article 630
SE(#, #) =(ex:'1,2): permitted as a special exception only, and subjecl to conditions of use numbers 1 and 2 found in
sec. '115-50.
ffi - Not nermitted
USES IROM tRoc tRo IR PEDD MA-1
LIGHT INDUSTRIAL USES
Airport-relaled and airport-
compatible uses 33,34
Assembly of products from
prefabricated parts 1,2,3 1 2 3 1 to SE P
Assembly, repair, and
fabrication of furniture,
home furnishings, art
objects, clothing, leather
qoods, and iewelry
P
Distribution facilaty,
accessory use 51 51 P
Distribution, principal use sE (2, 4,
52\
sE (2, 4,
52\sE (50)P
City of Dania Beach 34 Draft: August 2010
IG
NP NP NP NP NP NP
NP
NP NP NP NP NP P
NP NP NP NP
NP NP NP
Land Development Code
USES IROM rRoc lRo IG IR PEDD MA-1
Document preparation and
processing service
(including publishing and
printinq)
P NP NP NP NP NP
Fish smoking, curing, and
cann ing NP A (17, 64)NP NP NP 71 NP
Light industrial uses not
itemized in this section 1,2,3 1 NP 71
Light manufacturing 1,2,3 1,2,3 1 NP 71 NP
Medical and dental
laboratoraes NP NP NP NP NP NP
Pest control service storage
or fleet yard NP NP NP NP NP NP P
Railroad and truck terminal NP NP sE (50)NP P NP
Research, product
development and testing,
engineering development,
and marketinq development
1 ,2,3 1,2,3 1 NP 71 NP
Self-storaoe facility NP NP sE (2)sE (2)NP sE (2, 6)
sE (2, 6,
s1 , 52)P 7,8 P sE (2, 6)
Wholesale: combined office-
distribution-warehouse
facilities
NP NP (6e)NP NP P )E,
Wholesale: combined
off ice-showroom-warehouse
facilities
2,3,7 ,69 2,7,69 7 7 NP
GENERAL BUSINESS USES
Adult entertainment [subject
to 1 15-601 NP NP NP NP NP NP
P P NP NP NP P P
Business office P P P P P
Carpet and flooranq sales NP NP NP NP NP NP P
Convenience food store
(without fuel sales)NP NP NP NP NP P
Dala processing and
computer centers, including
service and maintenance of
electronic data processing
equipment
P P P P o NP
Employment agency sE (53-60)NP NP NP NP NP SE
Furniture store NP NP NP NP NP NP
Glass and mirror shop NP NP NP NP NP NP
Gym, fitness center, or
health club SE SE NP NP NP NP P
Hardware, home
improvement, hobby or craft
store
NP NP NP NP NP P
Lawn and garden shop
(indoor/outdoo0 NP NP &NP NP NP
SE SE sE (46)NP NP P sE (48)
City of Dania Beach 35
Part 1
Article 115
P
1,2,3 16 NP
16
NP
P
P
PWarehousing facilities 7,36
2, 3, 4,7 ,
69 69
P
Banks. financial institutions
P P
P
10
P
NP
PNP
Live entertainment
NP
Draft: August 2010
Part 1
Article 115 Land Development Code
IROM tRoc rRo IG IR PEDD MA-1
P P P NP
P P
NP NP NP
Office, professional P P NP P
Pawnshop NP NP NP NP NP NP NP
Personal service
establishments 24 15 NP NP NP P
Pharmacy, non-retail
(includes compounding)NP NP NP NP NP NP NP
Pharmacy or drug store P 15 NP NP
Private sport or athletic
training facility not open to
general public for viewing or
participation
NP NP NP NP NP NP
Restaurant, fast food sE (63)sE (63)A (70)NP P P
Restaurant, full service
(including accessory bars or
lounges, including outdoor
seating)
P P sE (46)A (70)NP P P
PRestaurant, takeout or
catering NP NP NP A (70)NP P
9, 24 9. 24 15 NP NP P
Swimming pool supplies
and sales NP NP NP NP NP NP P
Tattoo, body piercing NP NP NP NP NP NP 22
Retail sales of guns or
ammunition NP 38, 39 NP NP NP NP NP
Thrift shop, secondhand
goods sales NP NP NP NP NP NP
Tool and equipment rental NP NP NP NP NP NP P
City of Dania Beach
governmental,
administrative, community,
service, or office facilities
P P P P NP P
Convention and conference
centers as a principal use NP NP NP NP NP NP
Charitable, civic, fraternal
and professional
organizations (including
union halls)
NP NP NP NP NP NP P
Day care center NP NP NP NP NP NP P
NP NP NP NP NP P NP
Library or art gallery NP 45 NP NP NP sE (40, 46,
47 , 49)P
NP 45 NP NP NP sE (40, 46,
47 , 49')P
Place of worship NP NP NP NP NP NP P
Colleges and specialty
schools P P NP NP sE (40, 46,
47 , 49, 67)P
Gity of Dania Beach 36
USES
Office, medical [subject to
sec. 1 10401
P
P INP
P
INP
Retail uses not itemized in
this section
SE
CIVIC, GOVERNMENTAL AND PUBLIC ASSEMBLY USES
P
NP
Governmental facilities
Museum
EDUCATIONAL FACILITIES
P
Draft: August 2010
Part 1
Article 115
USES IROM rRoc PEDD
COMMERCIAL USES
Auto body repair (73 NP NP NP NP NP SE
Automobile automated car
washes NP NP NP NP NP NP P
Automobile rental
(indoor/outdoor)33.74 NP NP NP NP P P
Automobile repair, minor or
automotive fuel pump
stations
NP NP NP .NP NP P NP
Boarding or breeding
kennel, veterinary clinic
(indoor only)
NP sE (17)NP NP NP NP P
Boarding or breeding
kennel, veterinary clinic
(outdoors)
NP NP NP NP NP NP SE
Contractor shops, repair or
service shops, including air
conditioning and other
appliances, marine, cloth or
canvas
2 2 NP P P NP P
Courier service/package
delivery NP NP NP NP NP NP P
Day labor or temporary
employment office sE (53-60)NP NP NP NP NP
Dry cleaning or laundry
excluding self-service
Laundromat
NP NP NP NP NP NP P
Fortune teller or palm
reader NP NP NP NP NP NP 22
Funeral home or mortuary NP NP NP NP NP 45
lndoor pistol and rifle
ranqes NP NP NP NP NP NP
Machine shop, sheet metal
shop, welding shop, or tool
and die shop
2, 17 NP to P NP
Motion picture production or
recording studio, indoors P NP P NP NP NP
lvlotion picture production or
recording studio, outdoors
Outdoor sales and display
or fully assembled outdoor
recreational merchandise
SE NP NP NP NP NP NP
NP P(68)NP NP NP NP NP
Outdoor sale or rental of
new or late-model
construction equipment
NP NP NP NP NP NP
Recording or broadcasting
studio NP NP NP NP NP NP'P
Sales, rental, leasing,
display (indoors/outdoors),
or repair of fully-assembled
recreational vehicles or
campers
26 NP NP SE NP P
37 Draft: August 2010
Land Oevelopment Code
tRo IG IR MA-,I
NP
38, '18
SE2, 17
P
SE
25,26, 30,
JI
tNP
City of Dania Beach
Part'l
Article 115 Land Development Code
USES IROM tRoc rRo
Sales, service, indoor
display/sales or repair of
automobiles, motorcycles,
or trucks
3, 19,73
74 NP NP NP
LODGING USES
Hotels contain ing one
hundred (100) or more
rooms
(72\(72)sE (46, 72)NP NP sE (40, 46,
47 , 49, 72)sE (72)
MARINE AND HEAVY INDUSTRIAL USES
Assembly and repair of
boats not over two hundred
(200) feet in lenqth
19 19 NP 21,37 NP P NP
Boat repair, excluding
painting NP NP NP 71
Boat sanitary waste pump-
out facilities A, SE (65)NP NP A (65)A (65)A (65)
Fuel tanks for fueling of
vehicles and ships,
includang retail sale of fuel
sE (65, 66)NP NP 35,36
65,66 sE (65, 66)sE (65 ,66)
Docks and docking of boats
and ships not over two
hundred (200) feet in length
ancluding the operation of
charter boats
Docks and docking of boats,
ships. and cargo or shipping
barges not over two
hundred fifty (250) feet in
length
NP NP 23 NP 70 NP
NP NP NP P NP P NP
Manufacture of bulk
materials NP NP NP NP SE NP NP
Manufacturing and painting
of boats not over two
hundred (200) feet in lenoth
17 17 NP 16.20 NP P NP
Manufacturing, paanting and
repair of boats in excess of
two hundred (200) feet in
length, associated
assembly, fabrication,
outfitting and maintenance,
marine construction and
equipment loading and
handlin o erations
Marinas, including dry stack
marinas
NP NP NP 36 NP P NP
P NP NP P P P P
Marine cargo handling
facilities (indoor/outdoo0 NP NP NP 35 NP P NP
NP NP NP NP NP P NP
NP NP NP 36 NP NP NP
Outdoor storage accessory
to seaport and marine
shipping
NP NP NP A (35,36)NP NP
City of Dania Beach 38
IG IR PEDD MA-1
SE P
21 CE P
A (65)
A (65, 66)
Marine related educational
facilities
Office trailer
Draft: August 2010
Part 1
Article 115 Land Development Code
USES IROM tRoc tRo IG IR PEDD MA-1
Parking for vehicles and
equipment NP NP NP NP P NP
Passenger terminal 65,33 NP NP NP NP P NP
Petroleum processing,
transmission and storage NP NP .NP NP NP P NP
Petroleum tanks, storage in
bulk of petroleum and
petroleum products
jncluding oils, gasoline
fuels, grease, and lubricants
NP NP NP NP
Retail sales of materials and
supplies for construction
and re pair of vessels
NP NP NP 36 NP NP NP
Sales, leasjng, display, or
storage of fully-assembled
new boats (including new
boat traalers)
P P NP P CE NP
Security gatehouses NP NP NP 35,36 NP NP NPShipbuilding and repair NP NP NP 36 NP P NPStorage containers required
for storage of
shipyard/boatyard materials,
vessel supplaes, cargo, and
construction tools and
materials
NP NP NP 36 NP P NP
US. border patrol facilities NP NP sE (46, 61)NP NP NP NPUTILITIES
ower lants NP NP sE (46, 50)sE (46, 50)NP NPElectrical su bstations or
related electrical facilities sE (17)sE (17, 46)sE (17)NP NP
Municipal water or sanitary
sewer treatment fac'lities sE (17)sE (17)sE (46, 50)NP NP P
Utilities includang electric
ges and sanitary NP NP NP NP NP P NP
MISCELLANEOUS
Commercial recreation
facilities (indoors)NP NP sE (46)NP NP NP
lndoor private sports or
athletic training facjlity
without spectator seatinq
NP P NP NP N P NP NP
,NP N?NP NP NP P NP
NP NP NP NP NP P NP
Sec 115-50. Conditions of use.
Conditions of use: applicant must demonstrate that the use will not cause or result jn dissemination of dust,smoke, corrosion, noxious fumes, odor, noise, vibration, harsh glare or visual hazard to vehicle or air trafficbeyond the building within which the use is conducted, and that the use wi not pose a risk of chemical fire,explosion, radiation, discharge of waste materials, or other environmental hazards.
Applies to the following uses and districts:a. Research, product development and testing, engineering development and marketing development: IROM,
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Parking garaqe
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IROC, IROb. Light manufacturing: lROl\4, IROC, IRO
c. Assembly of products from pre-manufactured parts: IROM, IROC, IRO
d. Light industrial uses not itemized: IROM, IROC, IRO
Conditions of use. the architectural treatment of the building(s) shall resemble that of an office building,
particularly in those portions of the building(s) facing publlc rights-of-way and adjoining residential areas. This
may include use of substantial construction materials (ex: stucco or stone over concrete for exterior building
walis), pedestrian scale architectural treatment, significant use of window and door glass, landscaping directly
adjacent to a building, and overhead doors and loading activities to be located to the rear of buildings, within
interior areas between buildings, or within interior side yards.
Applies to the following uses and dlstrlcts:
a. Research, producidevelopment and testing, engineering development and marketing development: IROM,
IROC
Light manufacturing: IROM, IROC
Assembly of products from pre-manufactured parts: IROM, IROC
Light industrial uses not itemized: IROM, IROC
Warehousang facilities: IROM, MA-1
Self storage facility: lRO, lG, MA-1
Combined office-distribution-warehouse facilities: MA-1
Combined offlce-showroom-warehouse facilities: IROM, IROC' lG
Distribution facility: IROM, IROC
Machine shop, sireet metal shop, welding shop, or tool and die shop: IROM, lRoC
Contractor shops, repair or service shop!, including air conditioning and other appliances, marine, cloth or
canvas: IROM, IROC
Sales, service, display or repair of automobiles, motorcycles or trucks: IROC
conditions of use; distribution is permitted as an accessory use clearly incidental to the primary use.
Applies to the following uses and districts:
a.' Research, producl development and testing, engineering development and marketing development: IROM,
IROCb. Light manufacturing: IROM, IROC
c. Assembly of products from pre-manufactured parts: IROM, IROC
d. Light industrial uses not itemized: IROM, IROC
e. Combined office-showroom-warehouse facilities: IROM, IROC
Conditions of user the office floor area, showroom floor area, or any combinatlon of office and showroom floor
area, shall comprise at least ten (10) percent of the total gross floor area of the building(s).
Applies to the fo owing uses and districts:
a. Distribution facility: IROM, IROC
b. Combinedoffice-showroom-warehousefacilities: IROM
conditions of user minimum of ten (10) percent of floor area must be devoted to office use
Applies to the following uses and districls;
a. Combined office-diskibution-warehousefacility: MA-1
conditions of use: must contain less than ten (10) percent office or showroom space'
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Applies to the fotlowing uses and dlstrlcfs:
a. Warehousing: IROM, MA-1
b. Self-storage: MA-1 (10% limitation applies to office only)
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Conditions of use: excludes self-storage warehouses
Applies to the following uses and d,strbtsla. Warehousing facilities: lRO, lGb. Combined office-showroom-warehouse facilities: IROC, IROM, lR, lG, PEDD, l\4A-1
Conditions of use. not to exceed ninety (90) percent of the gross floor area of a light industrial or office buitding
Applies to the following uses and dlstrlcts.a. Warehousing facilities. IRO
Conditions of use; retail is permitted as an accessory use to a marina, office, industrial, or off ice-showroom-
warehouse use. Retail use shall not exceed twenty (20) percent of the gross floor area of the office, industrial ol
office-showroom-warehouse building. Retail permitted as a principal use within shopping centers is_regulated bycondition number 24 of this section.
Applies to the following uses and disticts:
Retail uses not itemized: IROM, IROC
Conditions of use: excludes the display or sale of pre-owned or used furniture.
Applies to the fo owing uses and districts
Furniture store: l\4A-1
15 Conditions of use: permitted accessory to an office building only
Applies to the following uses and dlstrlcts.
Retail uses not itemized: IRO
Pharmacy or drug store: IRO
Personal service establishments: IRO
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Conditions of use: permitted only must be conducted within a completely enclosed building with two hundredfifty (250) feet of minimum separation from any property with a "residential" land use plan d-esignation.
Applies to the following uses and disticts:
Assembly of products from prefabricated parts: lG
Light manufacturing: lG
Light andustrial uses not itemized: lG
Machine shop, sheet metal shop, welding shop, or tool and die shop: lG
Manufacturing and painting of boats not over two hundred (200) feet in length: lc
Conditions of use: must be located at least five hundred (500) feet from any property with a ,,residentaal,, landuse plan designation.
Applies to the following uses and districts:
Fish smoking, curing and cannlng: IROC
Machine shop, sheet metal shop, welding shop, or tool anddieshop: IROM, IROC
lndoor boarding or breeding kennel, veterinary clinic: IROC
Manufacturing and painting of boats not over two hundred (200) feet in length: IROM, IROCMunicipal water or sanitary sewer treatment facilities: IROM, IROC
Electrical substataons or related electrical facilities: IROM, IROC, lRO, tG
Conditions of user must be located at least seven hundred fifty (750) feet from any property with a "residentiat,'land use plan designation.
Applies to the following uses and districts:
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lndoor pistol and rifle ranges: IROC
Conditions of usei must be conducted within either a completely enclosed building or an interior side yard or
rear yard that is located at least two hundred fifty (250) feet from any property with a "residential" land use plan
designation.
Applies to the fo owing uses and dlstrictsl
Assembly and repair of boats not over two hundred (200) feet in lengthr IROM, IROC
20 Conditions of usei shall not be located within one hundred (100) feet of a limited access Trafficway
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Applies to the following uses and dlstrictsl
Manufacturing and painting of boats not over two hundred (200) feet in length: lG
Conditions of user must be conducted within either a completely enclosed building or an interior side yard or
rear yard that is located at least one hundred (100) feet from any property with a "residential" land use plan
designation.
Applies to the following uses and disfrictsl
Assembly and repair of boats not over two hundred (200) feet in length: lG
Conditions of usej must be located at least two thousand five hundred (2,500) feet from any similar use
Applies to the following uses and districts:
Fortune teller or palm reader: MA-1
Tattoo body piercing; MA-1
Conditions of use: specifically excludes and prohibits the operation of gaming vessels and personal watercraft
rental or leasing.
Applies to the following uses and districtsj
Oocfs anO docking of-boats and ships not over two hundred (200) feet in length, including operation of charter
boats: IROM, lG
Conditions of use: permitted only within shopping centers with a minimum building gross floor area of fifty
thousand (50,000) square feet. Uses within shopping centers shall be those of the C-2 Commercial District set
forth in sec. t I O-lO liist ot permitted, special exception and prohibited uses for commercial and mixed-use
districts).
Applies to the following uses and disfrlctsl
Retail uses not itemized: IROM, IROC
Personal service establishments: IROM, IROC
Conditions of user the following uses in the IROC District shall not be located on the site of buildings planned,
designed, built, or used for industrial or warehouse use.
Appties to the following uses and districts:
S.aies, rental, leasing, display or repair of fully assembled new recreational vehicles or campers.
Sales, service, display or repair of automobiles, motorcycles or trucks.
Conditions of use: the Sale, rental, leasing, display or repair of fully assembled recreational vehicles or new
campers is limited to new vehicles only inlhe IROC District, and in the IROM District, such use as limited to well-
maintained FDOT-ready, luxury recreition vehicles in a front, street, side, or rear yard if separated from the
iOlacent roaOways or r(hts-of-way by landscaping pursuant to the requirements of this Land Development
Code.
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Conditions of user must be located on the same site as a shoppjng center containing in excess of one hundre(
thousand (100,000) square feet of gross floor area.
Applies to the following uses and disticts:
Sales, rental, leasing, display or repair of fully assembled new recreational vehicles or camperst IROC
Conditions of use: the combined square footage of sales, leasing, display and storage area shall not occupy
more than twenty-five (25) percent ofthe gross land area occupied by the shopping ienter development.
Applies to the following uses and disticts:
sales, rental, leasing, dasplay or repair of fully assembled new recreational vehicles or campers: lRoc
conditions of use; not permitted as a freestanding, principal use, orwithin a shopping center.
Applies to the following uses and districts:
sales, service, display, repair, or any combanation of these, of automobiles, motorcycles or trucks: lRoc
Conditions of user the uses listed below are permitted on those properties identified as plats 3, 7, and g in theinterlocal agreement between Broward County and the City of Dania Beach pertaining to expansion andjurisdiction of Fort Lauderdale-Hollywood lnternational Airport, executed by the City oI Dania Beach on October17, '1995 and by Broward County on September 12, 1995.
Applies to the following uses and disticts:
Airport-related and airport-compatible uses
Automobile rental car agency: IROM
Passenger terminal: IROM
IROM
Conditions of usei airport related and airport compatible uses shall include, but not be limited to, rental carfacilities and storage lots, long-term passenger parking facilaties, employee parking facitities, airiane inJlaghtservices' air cargo services, specialized aircraft and ground transportation equipmint repair and maintenanceexcluding aircraft testing, and aviation-oriented training facilities.
Applies to the following uses and districts:
Airport-related and aarport-compatable uses: IROM
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Conditions of use: the uses listed below are permitted in the lG District on parcels abutting the Dania Cut-Off
Canal and Port Everglades, not including easements and rights-of-way, with a required set back at least five
hundred (500) feet from any residential zoning district, and a required opaque fence (eight (8) to ten (10) feet in
height adjacent to any public street.
Appties to the following ases ln fhe lG District:
a. Marine cargo handling facilities
b. Parking for vehicles and equipmentc. Outdobr storage of materials, supplies, machinery, equipment, vehicles, trailers, cargo shipping equipment
(i.e. flat racks, chassis, and containers), or products being processed in or transported through the property.
O. Snipping and storage containers in ship yards or cargo port facilities may be stacked four (4) high not to
exceeO iorty (40) feet as an accessory use. Outdoor activities and operations shall be permitted only
between the hours from 8:00 a.m. to 10:00 p.m. During named hurricanes or tropical storms, no storage
containers shall be stacked.e. Fuel tanks for fueling of vehicles and ships as an accessory use and as regulated and permitted by the
applicable Broward County environmental agency.f. Security gatehouses, as an accessory use, including manufactured modular bulldjngs, when setback at leas
one nunjred (100) feet from NE 7th Avenue or Taylor Lane and complying with any applicable building cod(
requirements, subject to the approval of the Broward Sheriffls Office and the Dania Beach Fire ?:,p:nTr"ilg. When tocated on pioperty no largerthan three (3) net acres, having frontage on Taylor Lane and N.t. /
Avenue, with access limited to NE 7th Avenue, the following are permitted:
(1) Outdoor storage of materials, supplies, machinery, equipment, vehicles, trailers, and cargo shipping
equipment (ie. flat racks, chassis, and containers) or products being processed in or transported
through the Property.
(2) Outdooi storage ot cjrgo containers not to exceed two (2) stacks and sixteen (16) feet in height (no
storage coniainers may be stacked during named hurricanes or tropical storms)
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Jb Conditions of use: the uses listed below are permitted in the lG District on lots generally located along the Danii
CutOff Canal from the east end of the city limits, west one hundred eighty (180) feet past the end of Taylor
Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, and more specifically described as
Parcel A and Parcel B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat and Port
Laudania Plat, Iess the east three hundred thirty-three (333) feet of the South seven hundred forty-three andeighttwo hundreths (743.82) feet and Dania Canal, not including easements and rights ofway, and unless
otherwise stated below, set back a minimum of one hundred (100) feet from any residential zoning district. lf
there is any conflict behveen the provisions of this subsection and any other provision of this code, theprovisions of this subsectaon will prevail.
Uses permitted in the lG District within the location described above::a. Marufacturing, painting and repaar of boats in excess of 2OO feet in length, assocaated assembly, fabrication,
outfitting and maintenance, marine construction and equipment loading and handling operations b. Retaalsales of material and supplies for construction and repair of vessels.c. warehousang of materials, supplies, cargo and equapment related to shipyards, boatyards and manneconstruction businesses.d. outdoor storage of materlals, supplies, cargo, equipment, machinery, staging, vehicles, vessels, trailers,ladders and other associated items related to shipyard, boatyard and maiine construction.e. storage containers required for storage of shipyard/boatyard materials, vessel supplies, cargo, andconstruction tools and materials. Storage containers shall not exceed fifty (50) containers p6r property. Thecontainers shall not be stacked or used as ship building or repair work shops, and shall be set back amanimum of twenty-fave (25) feet from Taylor Lane and at least twenty-five (ZS1 teet from the Dania Cut-OffCanal. During named slorms, all containers and loose materials shall be secuied.f. One ('1)office trailer not to exceed one thousand (1,000) square feet, set back a minimum of thirtyJive (35)feet from Taylor Lane. The trailer shall be properly secured.g. Fuel tanks, jncluding mobile fueling from fuel trucks or fuel barges, for fueling of vehicles and ships as anaccessory use and as regulated and permitted by the State of Florida Department of EnvironmentalProtection and Broward County's environmental protection agency.h. For those properties located along and with access to Taylor Lane, including those properties on the northside of Taylor Lane, parking of vehicles on hard surface or good rolled, crushed roik base, as an accessoryuse.i. Security gatehouse, including manufactured modular buildings, complying with applicable building coderequirements, as an accessory use, when approved by the Broward Strerifs O*ite, the city fire departmentand the city public services director.j. Shipbuilding and repair.k. The following shipping, marine transportation and barge operation uses are recognized by the city asspecial uses for those certain properties as described above, and they shall be p6rmitted for up to onehundred twenty (120) days in any calendar year, subject to the following conditions:(1) Prior written approval bythecity managerandthe community development director is required, if the, length of time any one (1) use will be in operation will exceed fourteen (14) days.(2) For uses, excluding barges, which will be in operatjon for fourteen (1a) days oi less, written notice shaltbe provided to the community development depa(ment indicating the tocjtion and duratjon of theoperation.
(3) Prior written approval for barges shall be required regardless of duration.(4) Barges shall not exceed one hundred ninety (190) feet in length.(5) No more than two (2) barges are permitted at any one (1) time wlthin the confines of the area describedabove.
(6) The city commission may grant waivers of the above conditions based upon an applicant,s
demonstration of unique circumstances, practical hardship, or both, that are not generally applicable toother such uses.
Conditions of usei outdoor assembly and repair of boats shall not be located within a required yard abutting astreet, and shall not be located within one hundred (1oo) feet of any limited access Trafficway .'
Applies to the following uses and districts:
Assembly and repair of boats not over two hundred (2OO) feet in length: lG
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Conditions of user must be located within a fully enclosed shopping cenler containing in excess of one hundred
thousand (100,000) square feet of gross floor area.
Applies to the following uses and dlsfricfs:
Retail sales of guns and ammunltion: IROC
lndoor pistol and rifle ranges: IROC
39 Conditions of user permitted accessory to-a sporting goods store
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Applies to the following uses and disticts:
Retail sales of guns and ammunition: IROC
Conditions of usej the development shall comply with the county land use plan provision that restricts land
devoted to non-industrial use to no more than twenty (20) percent of the acreage within an induskially
designated flexibility zone.
Applies to the following uses and districts:
Convention and conference centers: PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel containing 100 or more rooms: PEDD
Hotel containing less than 100 rooms: PEDD
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45 Conditions of use; must be located within a freestanding building
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Applies to the following uses and dlstricfs:
Library or art gallery: IROC
Museum: IROC
Funeral home or mortuary: MA-1
Conditions of usei the following uses in the listed zoning districts are permitted only upon demonstration that
vehicular traffic generated by tlie proposed use will not have an adverse effect upon, be detrimental to' nor
interfere with, thE surrounding land uses, the ability of the local and regional kansportation network to operate
at or above level of service "D", or the orderly and appropriate development of the area in accordance with the
future land use plan.
Applies to the following uses and disticts:
Restaurant, full-service: IRO
Convention and conference centers: lRO, PEDD
Library or art gallery: PEDD
Museum; PEDD
Colleges and specialty schools: PEDD
Hotel containing 100 or more rooms: lRO, PEDD
Hotel containing less than 100 rooms: PEDD
U.S. Border Patrol facilities: IRO
Electrical substations or related electrical facilities: IRO
Electrical power Plants: lRO, lG
Commercial recreation facilities (indoors): IRO
conditions of use: permitted only upon a city commission determination that the land upon which the use is
proposed is not best reserved for future industrial uses.
Applies to the following uses and districts:
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Convention and conference centers: PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel containing 100 or more rooms: PEDD
Hotel containing less than '100 rooms: PEDD
48 Conditions of usei must be accessory to a bar or restaurant.
Applies to the following uses and d/sfricts
Live entertainment: MA-1
Conditions of use: must be designed in such a manner as to preserve, perpetuate and improve the natural
environmental character of the proposed site and surrounding area.
Applies to the following uses and districts:
Convention and conference centers: PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel containing 100 or more rooms: PEDD
Hotel containing less than 100 rooms: PEDD
Conditions of use: must be located at least one thousand five hundred (1 ,500) feet from any property with a"residential" land use plan designation.
Applies to the following uses and districts:
Distribution facility: lc
Railroad and truck terminal: lG
Electrical power plants: lRO, lc
Wastewater treatment facilities: IRO
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conditions of use: distribution is a permitted accessory use to the following principal uses:
Applies to the fo owing disticts:
To a primary light induskial or research use in the IROM, IROC and lG districts
To a pramary warehouse use in combined showroom-warehouse facilities in the lRoc DlstrictTo a primary office-warehouse-showroom facility in the IROM District
Conditions of use: the lot coverage comprised of fully enclosed air conditioned space shall be a minimum oftwenty-five (25) percent.
Applies to the following uses and d/btr,bfsl
Distribution facility lROM, tROC
Warehousing facilities: IROM
Conditions of user must be separated from similar uses by at least one thousand (1,000) feet, measuredbetween property lines.
Applies to the fo owing uses and districts:
Employment agency: IROM
Day labor or temporary employment office: IROM
Conditions of use: must be separated from parks, day care centers, academic schools, and residentaally zonedor used land by at least one thousand (,1,OOO) feet, measured between property lines.
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Applies to the following uses and districfs;
Employment agencyr IROM
Day labor or temporary employment office: IROM
Conditions of use; must be separated from arterial or collector roadways by at least one thousand ('1,000) feet,
measured from property line to street line.
Applies to the following uses and d/.strlcts;
Employment agency: IROM
Day labor or temporary employment office: IROM
Conditions of use: must be separated from similar uses, parks, schools, residentially zoned or used land, and
from arterial and collector roadways-measured property line to street lin+-by at least one thousand (1,000)
feet, and from limited access facilities as described in the transportation element of the Dania Beach
comprehensive Plan by at least five hundred (500) feet, measured property line to street line.
Applies to the following uses and dlstrlcts:
Employment agency: IROM
Day labor or temporary employment office: IROM
Conditions of user U.S. Border Patrol facilities in the IRO District shall be permitted when located eastof U.S.1,
north of the Dania Cut-Off Canal, directly abutting Port Everglades, and at least three thousand (3,000) feet fron
any property with a City of Dania Beach'"residential" or "commercial" land use plan designation. These facilities
it'iti noi O"'op"n to the general public for any purpose other than border patrol matters The following are
permitted uses when accessory and incidental to permitted u.s. Border Pakol facilities:
a' outdoor storage, loading ano timiteo repair of boats and other similar watercraft
b. Dog kennel
". f"fipor"ry holding cells within fully enclosed, air-conditioned building, not to exceed three thousand five
hundred (3,500) square feet in floor area
d. Temporary secuie stor"ge of illegal items, contraband or both (excluding explosives other than weapons and
ammunition), seized by government authorities when stored entirely within an enclosed building
e. Automobile storage, service, and lamited repair facilitiesf. Limited storage and distribution of fuel
g. Storage of wiapons and ammunition generally associated with U.S. Border Patrol operations, not to exceed
five hundred (500) square feet in floor area.
h. communications towers up to ninety (90) feet in height, subject to FAA requirements.
Reserved.
Conditions of user fast food restaurants in the IROM and IROC districts must be physically attached by a
common wall to a shopping center containing in excess of fifty thousand (50,000) square feet of gross floor area
with no drive-in or drive-through facility.
Conditions of use: fish smoking, curing and canning in the IROC District is permitted only incidental and
accessory to a restaurant.
conditions of usei the following uses must be clearly incidental and accessory to an established marlna.
Applies to the following uses and disfricts:
Fuel tanks forfueting 6f vehicles and ships, including retail salesof fuel: IROM, lG, lR, PEDD, MA-1
Boat sanitary waste pump-out facilities: IROM, lG, lR, PEDD, MAI
Passenger terminal: IROM
conditions of usei city commission may require provision of boat sanitary waste pump-out facilities in
conjunctron with the fuel facihties.
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Applies to the following uses and d/strlcfsi
Fuel tanks forfueling of vehicles and ships, including retail sales offuel: IROM, lR, PEDD, MA-1,1G
Conditions of user permitted college and specialty schools in the PEDD District are business schools, colleges,
private schools, and commercial schools (art, music, theatrical, business, technical).
Conditions of use:-The display of outdoor recreational merchandise shall be accessory to a permitted retail or
wholesale use and items permitted within such displays shall be limited to assembled children's play structures
including climbing equipment, platforms, slides, swings, and playhouses designed for playground and residentiayard use. Outdoor sales displays of fully assembled outdoor recreational merchandise shall be subject to thefollowing standards:
a. The display shall be located in a contiguous area which shall not exceed 750 square feet in total display areaper licensed business. The total maximum display area shall be calculated by measuring the perimeter of thedisplay area and calculating the square footage within such area.
b. The display shall not encroach into parking spaces or aisles, and assembled recreational items within thedisplay shall be set back at least four (4) feet from a property line, sidewalk, or parking lot.c. The items contained within the display shall not exceed twenty (20) feet in height. -
Conditions of use: showrooms may display furniture, lighting, home furnishings, electrical, mechanical andplumbing equipment, large appliances, carpeting, tale, cabinets, marine equipment, and simjlar items asdetermined by the community development director.
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Applies to the following uses and districts:
Wholesale: combined office-showroom-warehouse facilities: IROI\I, IROC, lRO, lGWholesale: combined office-distribution-warehouse facilities: IRO
Conditions of use: fast food restaurants, full-service restaurants, takeout restaurants and catering businessesare permitted in the lG District accessory to a wet marina.
Conditions of use; Whenever application is made for a building permil to erect any building or improvemerupon any site an the PEDD in which the premises may be or are contemplated to be used fir industries or tinvolving any processes, substance or mixture of substances which is toxic, corrosive, an irritant, a strongsensitizer, or which generates pressure through decomposition, heat or other means, if such substances ormi).ture of substances may cause substantial personal injury or substantial illness during, or as a proximat(
res-ult of, any customary or reasonably foreseeable handlang or use, or which is identified as hazardous byor federal legislation, the use may be approved only by special exception pursuant to the procedures andrequirements of article 630. Furthermore, the city commission shall not approve the special exception useit has received written report by the city and port fire departments and any other governmental agency ha,jurisdjction. ln determining whether to approve such use, the city commission shallconsider its compatbititother uses in the vicinity and the potentially harmful or dangerous effects of such use on persons and propr
Conditions of user hotels shall comply with the following conditions:(1) Guestroom access shall be via interior corridors.(2) lndividual wall or window mounted air conditioners (if used) shall not project beyond any e)wall of the building.
Applies to the following uses and dlsfnbtsr
Hotels in the IROM, IROC, tRO, PEDD AND MA-,1 Districts.
Conditions of use; garage doors not permitted to face public right-of-way.
Conditions of usej on-site parking and storage of vehicles shall not be visible from the public righlof-way
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Sec. 'l 15-60. Adult entertainment establishments.(A) Definitions. For the purposes of this article, the folowing definitions shal apply
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Adult book store/adult novelty store/adult video sfore. An establishment having adult
material as a substantial or signtficant portion of its stock in trade, or an
establishment with a segment or section devoted to the sale or display of such
material. Twenty (20) percent of the gross floor area of the establishment devoted to
adult material shall be presumed to be a substantial or significant po(ion of the stock
in trade.
Adult dancing establishment.. An establishment where employees display or expose
specified anatomical areas to others, regardless of whether the employees actually
engage in dancing.
Adult domination/submission pador. An adult establishment specializing tn
bondage, sadomasochism, humiliating activities or other similar activities which
depicts, describes or relates to the "specified sexual activities" or "specified
anatomical areas," as defined below.
Adult e nte ft ai n ment e stablish ment.(a) An adult mini motion picture theater, adult motion picture theater, adult
bookstore/adult novelty store/adult video store, adult motel, adult domination
and submission parlor, adult dancing establishment, nude entertainment
establishment, or other establishment or business operated for commercial
gain where an employee, operator, or owner exposes his or her specified
anatomical area for viewing by patrons, including' but not limited to, massage
establishments, whether or not licensed pursuant to F.S. chapter 480, tanning
salons, encounter studio /modeling studios' or lingerie studios.
(b) Excluded from this definition are educational institutions, as defined in this
Land Development Code, where the exposure of specified anatomical areas is
associated with a curriculum or program.
(c) An establishment that possesses an adult entertainment license is presumed to
be an adult entertainment establishment.
Adutt material. one (1) or more of the following, regardless of whether it is new or
used.(a) Books, magazines, periodicals, or other printed matter, photographs, films'
motion pictures, video cassettes, slides or other visual representations;
recordings or other audio materials; and anatomically correct novelties or
devices that have, as their primary or dominant theme, subject matter
depicting, exhibiting, illustrating, describing, or relating to specified sexual
activities or specified anatomical areas as defined below; or
(b) Anatomically correct instruments, novelties, devices, or paraphernalia which
are designed for use in connection with specified sexual activities, excluding
bona fide birth control devices.
Adult mini motion picture theater.: An enclosed building (with theatre style seating or
viewing booths) with a capacity of less than fifty (50) persons regularly used for
pr""uniing adult material, for observation by patrons, which activity requires the
exclusion-of minors under F.s. chapter 847. The viewing or adult "booth" referenced
in this definition are defined as a small enclosed or pa(itioned area inside the theater
designed or used for the viewing of adult material by one or more persons, which are
acce-ssible to all persons, reg-rdless of whether a fee is charged for access. A
"booth" shall not include a foyer through which a person can enter or exit the
establishment, or a rest room.
Adutt motet. A hotel, motel, boarding house or other place of temporary lodging
presenting adult material by means of closed circuit television, for observation by
patrons.
City of Dania Beach 50 Draft: August 20'10
Part 1
Article 115 Land Development Code
(8) Adult motion picture theater. An enclosed building with a capacity of fifty (50) or
more persons regularly used for presenting adult material for observation by patrons,
which activity requires the exclusion of minors under F.S. chapter 847.(9) Encounter studio/modeling studlo. An establishment offering nude or semi-nude
encounter/modeling sessions, sessions between opposite or same sex adult
individuals, nude dance/photo sessions, or sexual consultations, which have as their
dominant or primary theme matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas," as defined below .(10) Massage establishment. Any place of business or establishment in which all or any
one (1) or more of the following names, subjects and methods of treatment are
administered or practiced: Body massage either by hand or by any mechanical or
electrical apparatus or device (excluding fever therapy), applying such movementsas stroking, frrction, rolling, vibration, kneading, cupping, petrissage, rubbing,
effleurage, or tapotement. However, nothing in this article shall be construed as
applying to the following holders of state of Florida business tax receiptsr massage
therapists, barbers, cosmetologists, manicurists, pedicurists, occupational therapisti,
physical therapists, midwives, practical nurses, agents, servants or employees inhospitals, nursing homes or other medical institutions, physicians, osteopaths,chiropractors, podlatrists, naturopathic physicians or other medical practitioners, ortheir agents, servants or emproyees acting in the course of such agency, service oremployment under the supervrsion of the receipt holder. Also, the term ,,massage
establishment" shall not apply to any massage establishment in which at least fifty(50) percent of the employees on duty full time during the hours that theestablishment is open for business are massage therapists holding state of Florida
business tax receipts or other such professionals listed in the preceding sentence.(11) Nude enteftainment establishment. Any establishment which does orioes not offer
alcoholic beverages for sale or consumption but does feature male or female
entertainers, performing partially clothed or completely nude, displayed in a setting,section, stage or cubicle within a business, which has as its principal or incidentalpurpose the offering for viewing to adults of performances which have as theirdominant or primary theme matters depicting, describing or relating to ,,specified
sexual activities" or "specified anatomical areas,,' as defined below.(12) Regulated use includes, but is not limited to, the following:(a) Adult bookstore/adult novelty store/adult video store;
Adult dancing establishment;
Adult domination/submission parlor;
Adult mini motion picture theater;
Adult motel;
Adult motion picture theater;
Encounter studio/modeling studio;
Massage establishmentj
Nude entertainment establishment; andAny bookstore, video store, motion picture theater, motel/hotel, dancrng
establishment, massage establishment, or photo or modeling studio (a) tha-t
rncludes the word "adult" in its name; or (b) where an employee, operator, orowner exposes his or her specified anatomical area for viewing by patrons; or(c) that requires the exclusion of minors under F.S. Chapter 947, shall beconsidered a regulated use.(13) Resldence. For purposes of applying this spacing requirement, the term ',residence,'
shall include any dwelling, and shall also include a mobile home in a mobile homepark. lt shall not include a recreational vehicle or a boat. wherever located.
(b)
(c)
(d)
(e)
(0
(s)
(h)
(i)
o
City of Dania Beach Draft: August 201051
Part 1
Article 1 15
(B)
(c)
(D)
(14) Specified anatomical areas.(a) Less than completely and opaquely covered:(b) Human genitals and pubic region; or(c) Cleavage ofthe human buttocks; or(d) That portion of the human female breast encompassed within an area falling
below the horizontal line one would have to draw to intersect a point
immediately above the top of the areola, including the areola; this definition
shall include the entire lower portion of the human female breast, but shall not
include a portion of the cleavage of the human female breast exhibited by a
dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the
areola is not so exposed; and(e) Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
(15) Specrlled sexual activities.(a) Human genitals in a state of sexual stimulation, arousal, or tumescence, or
(b) Acts of human anilingus, bestiality, buggery' cunnilingus, coprophagy,
coprophilia, fellatio, flagellation, masochism, masturbation, necrophilia,
pederasty, pedophilia, sadism, sadomasochism, sexual intercourse or sodomy;
or(c) Fondling or other erotic touching of human genitals, pubic region, buttock,
anus, or female breast; or(d) Excretory functions as part of or in connection with the activities set forth in
subsections (1) through (3).
lntent and purpose--regutated uses. lt is the intent and purpose of this section to regulate
the location and separation of adult entertainment uses, referred to in this article as
,,regulated uses,', which, because of their very nature, are recognized as having serious
objectionable operational characteristics, particularly when they are located near
properties zoned, planned or developed with incompatible uses, having a deleterious
effect upon the adjacent areas. Further, it is recognized that the location of even one (1)
regulated use near an incompatible use causes such deleterious effects on that area.
Splcial regulation of these uses is necessary to ensure that these adverse effects will not
contributelo the blighting or downgrading of the surrounding area. The regulations seek
to prevent a concentration of regulated uses in any one (1) area (i.e., not more than one
(1) such use within one thousand (1,ooo) feet of each other which would create such
aduer"e effects) and prevent their location within one thousand (1,000) feet of
incompatible uses and within specified distances of arterial, collector and limited access
roadways as provided below. This section has neither the purpose nor the effect of
limiting or restricting access by adults to sexually oriented, non-obscene materials
proteJted by the Firsi Amendment, or denying access by the distributors and exhibitors of
sexually oriented entertainment to their intended market.
Exemptions. This section shall not apply to, colleges or specialty schools; libraries, art
galleries, museums, art exhibits and galleries open to the public; arts and cultural
[erformance theaters and playhouses; or commercial professional photography and
portrait studios which may use nude subjects for their photographs or portraits. Such uses
shall not be considered regulated uses.
Limitations. Regulated uses shall be permitted only within the lndustrial-Research-Office-
Marine (IROM) zoning district, sub.iect to the following restrictions:
(1) No regulited use shall be allowed within one thousand (1 ,000) feet of the property
line of another existing regulated use.
City of Dania Beach 52 Draft: August 2010
Land Development Code
Part 1
Article 115
(E)
(F)
(G)
Land Development Code
(2) No regulated use shall be allowed within one thousand (1,000) feet of the property
line of any existing use with an alcoholic beverage license, any existing residentially
zoned or planned property, an existing residence, an existing place of worship, an
existing academic school or an existing public park (referred to collectively as
"incompatible uses").(3) No regulated use shall be allowed within one thousand (1,000) feet of an arterial or
collector roadway, or withrn five hundred (500) feet of a limited access facility as
described in the Transportation Element of the Dania Beach Comprehensive plan.(4) The distance provided for in this section shall be calculated by airline measurement
from property line to property line, using the closest property lines of the lots
lnvolved. Where the distance is measured to a roadway, it shall be calculated from
the property line of the regulated use to the edge of the righlof-way for the roadway.ceftified survey required. For purpose of establishing the distance between regulated
uses, other regulated uses and incompatible uses, as set forth above, the applicant for any
regulated use shall furnish a certified survey from a professional surveyor and mapper.
Such survey shall indicate the distance from the proposed regulated use to all oiher
regulated uses and incompatible uses within a radius of one thousand two hundred andfifty (1,250) feet measured using the methodology prescribed in subsection (D).
Amoftization. Nonconforming regulated uses are subject to the amortization provisions of
sec. 710-50 (limitations of nonconforming uses and structures).
code compliance. compliance with all other applicable regulations of regulated uses inthis code, including, but not limited to, those in chapter 2.5 (adult entertainment), chapter4 (alcoholic beverages), chapter '15 (business tax) and in chapter 17 (offenses), is alsorequired.
City of Dania Beach 53 Draft: August 2010
Parl2
Article 200 Land Development Code
PART 2 SITE DEVELOPMENT REGULATIONS.
ARTICLE 2OO. USER GUIDE FOR PART 2 OF THE CODE.
Sec.200-10. Purpose.
The purpose of this article is to explain how to use part 2 (site development standards) of this
code.
Sec. 200-20. Applicability.(A) The regulations of this article govern the physical form of development within lhe
boundaries of a lot. Regulations pertaining to subdividing land and off-lot improvements
(ex: streets, curbing, swales, pavement markings, traffic signage, water and sewer lines,
etc.) are located in part 4 of this code. Part 2 regulations include, but are not limited to:
(1 ) How large, wide and deep lots must be;(2) How tall and how large buildings can be;
Where buildings can be located upon a lot;
4 How much open space and landscaping is required;
How much parking must be Provided;
3
5
6
7
8
Minimum and maximum lighting levels;
Standards for emergency generators and satellite dishes;
Standards for docks, pilings and boat lifts
Sec. 200-30. How to use part 2 of this code, generally.
(A) Article 205 (scheduie of site development regulations) contains the minimum and
maximum dimensional and area (size) regulations applying to lots, density, bulk (height
and lot coverage), and Yards.(B) Artictes 210, lfS and 22O are regulations that supplement article 205 in terms of
interpretations, exceptions, how to measure dimenstons, and details that could not be
summarized in the table of standards within article 205.
(C) The rest of part 2 contains specialized site development regulations that are not covered in
article 205, such as for fences and walls, accessory buildings, intersection visibility,
parking, loading, landscaping, excavation, and marine structures, satellite dishes,
generators, and outdoor lighting.
Sec. 20040. How part 2 of this code relates to the cRA form-based regulations.
(A) The site development regulations for the cRA form-based districts (cc, EDBB-MU, SFED-
MU, GTWy-MLI, NBHD-MU, NBHD-RES) are not contained in the article 205 schedule of
site development regulations. lnstead, they are located in Part 3 of this code. However,
the detailed site development regulations of the remainder of part 2 apply to the cRA
form-based districts unless otherwise noted. ln the event of a conflict between part 2 and
part 3, the standards of part 3 shall take precedence for areas zoned in one of the cRA
form-based districts.
Sec. 200-50. How part 2 of this code relates to other parts of this code'
(A) Regulations pertaining to signage, urban design and architectural design are
within part 5 of this code.(B) Regulations for dividing land, building streets and installing infrastructure are
within part 4 of this code.(C) Development application procedures are located within part 6 of this code'
io) Definitions of terms used in part 2 are located in article 725.
located
located
Gity of Dania Beach 54 Draft: August 2010
Part 2
Article 200 Land Oevelopment Code
(E) Rules governing nonconforming uses, lots, building and structures are located in article
710.
City of Dania Beach 55 Oraft: August 2010
Paft 2
Article 200 Land Development Code
Sec. 205-'10. Schedule of lot, yard and bulk regulations.
(A} SINGLE-FAMILY AND TWO.FAMILY
RESIDENTIAL DISTRICTS
LOT DENSITY BULK YARD
MAXIIVUIVI N,4IN II\,4 U M
..:
LL.ia
oo)
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LL
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35,000 175 200 '1.00 2t25 30 40t20 25 20
R-S 18000 18,000 125 125 )22 30 30 30/15 25 15
R-S 12000 lsee sec. 21$110 for additional
regulationsl
12,000 100 100 3.33 2125 35 30 30/15 15 15
R-S 8000 75 100 5.00 35 20t10 15 15
6,000 60 90 5.00 ztza 40 25 14n 15 15
R-D 8000 (see R-S 6000 for single-family
detached standards)8,000 BO 90 10.00 2t25 40 25 30/15 15 15
City of Dania Beach 56 Draft: August 2010
ARTICLE 205. TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS.*
*Excluding the CRA form-based districts (see part 3 of code)
M IN IMUI\,4 MAXII\,4 U IV!
E-1
2t25
8,000
R-S 6000
Paft 2
Article 200 Land Development Code
PRD.1 ANO
MULTIPLE-
FAMILY
DISTRICTS
LOT DENSITY BULK YARDS
ADDITIONAL
REGULATIONS
r\,4rN \,,turvl MAXIMUM I\,4AX IM U N4 l\4lNl[IU[.4
LL
da
(t,o
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Single-Family 10,000 100 4.00 2125 35 20t10 15 25 N/A N/A
Two-Family 10,000 75 100 8.00 35 25 20110 15 25 N/A
Townhouses
20,000 total;
2500/unit
100 for
building
group;
22 pet unil
100 10.00 2t25
40 per lot
&
building
group
25 20 for end
units '15 25 20 sec 230-'10,230-30
Multifamily 15,000 100 100 10.00 3t40 30 35t15 30 25 sec. 215-120 N/A
[4ultifamily (when
reducing plot coverage
for increased height
subject to sec. 220-30)
15,000 100 100 10.00 5t62 25 za 55125 30 25 sec.215-120 N/A
PRD-I District
43,560 for
enlire
proiect
Single-family cluster
[subject to sec. '105-
2201
87 .12O tot
entire
project,
2,500 per lot
nla nla 2t25 40
TBD at
sjte plan
TBD at
site plan
Iai1,V
TBD at
site
plan
Erirr/
TBD at
site plan
E\,b/v
N/A N/A
SingleJamily Isubject
to sec. 105-2201 nla ala ola 8.00 3/35 40
7, ot 15
between
dwellings
'15 25 N/A
City of Dania Beach 57 Draft: August 2010
2t25
5.00
Paft 2
Article 200 Land Development Code
B) PRD-1 AND
MULTIPLE-
FAMILY
DISTRICTS
LOT DENSITY BULK YARDS
ADDITIONAL
REGULATIONS
t\,1tN IL4 U [,4 MAXII\,1U I\,4 IMAX IM U I\,1 t\,,1tN I r\,r u M
,.}
LL
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LL
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op
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c')
.g!or
OC
oolbE:-r
Twojamily [subject to
sec. 105-2201 nla nla nla 800 40 25
15, or 30
between
dwellings
15 25 NiA N/A
Townhouses [subject to
sec. 105-2201 nla ))16.00 3/35 40 25
'15 for 2 stories
25 for 3 stories.
except 20 adj. to
single-family
15 sec 230-'10,230 30
District
District
Single-Family 10,000 s.f 100 4.00 35 20t10 15 N/A
Two-Family 10,000 s.f 100 8.00 35 25 20t10 '15 25 N/A
Townhouses
20,000 s.f.
total,
2500 s.f./unit
'100 total,
22 pet
individual
unit lot
100 12.OO 2/25 25 20t10 15 25 20
Nlultifamily 150 200 RM-1;
15.00
RN4-2r 25 00
5/55 1 35 25 30 sec.
215-120 N/A
Multifamrly
(when reducing
plot coverage
for increased
height subject
to sec. 220-30)
RM.1 2 40,000 s.f 150 200 8/90 25 55t25 30 25 sec.
2',t5-120
N/A
RM.2
only 10 acres 150 200 15/150 25 55t25 30 25 sec
215-120
N/A
City of Dania Beach 58
sec. 230-10,
230-30
I
II
3/35
l""l
N/A
40 per lot
& bldg.
group
40,000 s.f.
I
Draft: August 2010
Pafi 2
Article 200 Land Development Code
LOT DENSITY BULK YARDS
ADDITIONAL
REGULATIONS
I\,4AX II\,4U M M tN I\4Ut\,4
LL
ciU)
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LL
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Residential Care
Facilities (RM-2 only)3 acres 250 400 49.00 7 t88 35 25 55t25 30 sec
215 120 N/A
RMH (Mobile Home)
[subjecl to sec. 105-
2W1
(RMH is restricted to
existing mobile home
parks and subdivision
only, and cannot be
utilized to create
additional mobile
home parks or
subdivisions.)
5 acres
40 per
dwelling lot
or site
80 per
dwelling lot
or site
'10.00
1 I 5
60
per lol or
site;
40 per
overall
park
For a max.
of 65% of
the width
of the
struclure,
the
balance of
the
struc{ure
be setback
a min. of
18 (1
14
Roof
overhang
of 16
inches into
setback
for open
carports
only(1
8
For a
max. of
50ol. of lhe
struclure,
balance at
'12 min.(5)
6 sec.215-120 sec. 2'15-90
(accessory structures)
City of Dania Beach 59 Draft: August 2010
B) PRD-1 AND
MULTIPLE-
FAMILY
DISTRICTS
l\rllNlNiUl\,1 I\,4AXIMUN,4
I
o
Patl2
Article 200 Land Oevelopment Code
(c) Ro AND
COMMERCIAL
DISTRICTS
LOT DENSIry BULK ADDITIONAL
REGULATIONS
[.4 rN rr\,,lu lv l\,4AXll\ilUi,4 IVlAXII/IUM N.4IN II\,1U M
oo)
LL
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6orop-
3 UE
tl,o)
,EEo-;-oOsEo)
3E--rEetr_
RO
lsubject to sec.
110-1801
nla nla fr 2125 70 70 7n
15/15(3)(o)10 N/A N/A N/A
c-1 15,000 100 150 N/A 2t35
3140
65
50 70 25 20t10 15 15
1x
build ing
heio ht
20 sec 230-10
c-2,c-3,c4 4,000
s.f.JU 90 N/A 2t35
3140
70
70 10
0; but
10 if
provided
10
1x
building
heiqht
N/A N/A
Five (5) story-fiftyjive (55) feet, plus one additional foot for each foot of ceiling height of each story over eight (8) feet six (6) inches, up to a
maximum of sixty-two (62) feet.
2 Subiect to the maximum permitted density of the underiying land use plan designation or allocation of residential flexibility or reserve units
3seven (Z) teet on each side for one (1) story buildings and fifteen (15) feet on each side for two (2) story buildings in the RO District.
'fen (rd)ieet for one (1) story buildings and fifteen (15) feet fortwo (2) story buildings in the RO District.
5 For single family homes
City of Dania Beach 60 Draft: August 2010
YARD
c
o)erl)(!
oo,oo
oO
oo)o
f^o=>(t)
qoE(I
10
1070
Paft 2
Article 200 Land Development Code
(D) INDUSTRIAL
DISTRICTS LOT DENSTY BU LK YARD
M INII\4 UM I\4AXMUM MAXIMUM I\4IN IM UM
I
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tRo 87 ,120 200 n/a 5t62 60 60 50 Greater of
25 or 0.5 x
building
height ea.
side
Greater of
25 or 0.5 x
building
height
50 Greater of
75 or 1x
building
height
l-R 10,000 75 100 nla 3/35 50 85 35 40t20 20 35 N/A
l-G 20,000 100 150 n/a3 5 70 70 35 25 25 35 75
IROC N/A N/A N/A N/A 5t62 70 70 Greater of
30 or 1x
building
height
Greater of
20ot%
building
height
ea side
Greater o f
20or%
building
height
Greater of
30 or 1x
building
height
Greater of
50 or 1x
building
height
PEDD None None None N/A Per
FAA
None None None None None None 15
I\,4A-1 5 000 '100 50 N/A Nfu
62
70 70 25 Greater
of 10 or
%
building
helg ht
ea. side
Greater
of 10 or
%
building
height
25 25
City of Dania Beach 61 Draft: August 2010
I
I
nla
nla
ll
Part 2
Article 200 Land Development Code
(D) INDUSTRIAL
DISTRICTS LOT DENSry BU LK YARD
IVIIN IM U I\4 NiIAXIMUM MAXII\4U M MINIMUI\4
L!
cia
oo
tL
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=
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.69o!Oc'49
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oDf ^
:o-o- c(EE.g
33 E,
EEg
rRot\,1 N/A N/A N/A N/A 5t62 70 70 Greater
of 30 or
1x
bu ild in
s
heig ht
Greater o
t20otY,
building
height
ea. side
Greater
ot 20 or
%
bu ild ing
h eig ht
Greater
of 30 or'lx
bu ild ing
height
Greater
of 50 or
1x
bu ild ing
heig ht
City of Dania Beach 62 Draft: August 2010
I
I
I
Pafi 2
Article 210 Land Development Code
Sec.
(A)
ARTICLE 210. SUPPLEMENTAL LOT REGULATIONS,
(B)
210-10. Measurement of required lot area and dimensions.
All lot, yard, lot coverage, pervious area, and open space measurements for both principal
and accessory uses shall be calculated within the confines of a lot. Any portion of the lot
from which additional dedication is necessary in order to complete an abutting street right-
of-way section, pursuant to subsec. (D), shall not be counted in such calculations.
Lot width. The minimum required width of any lot shall be measured along the minimum
required front setback line between the side lines of a lots. For lots with required buildto-
lrnes, the measurement shall be made along the build{o-line. For lots with no required
setback or build{o-line, the measurement shall be made along the street line.
Lot depth. The minimum required depth of a lot shall be measured as the average
straight-line distance from the front street line of the lot to the rear lot line (rear street line
for through lots).
Street lot lines(1) The right-of-way line of a street is the dividing line between a street nght-of-way anda lot. when the full width of a street has been fully dedicated consistent with therightof-way width prescribed in article 815, the righlof-way line, property line/lot line,
and street line will coincide.(2) when the full width of a street right-of-way abutting a lot has not been dedicated, the
street line will not coincide with the right-of-way and property lines. The street line is
the location of the ultimate right-of-way line, which is the planned and designatedextent of right-of-way for a given street, generally measured from the street
centerline, and is a line representing where the edge of the righfof-way would beonce dedicated. Figure 210-1 shows the difference between the actual edge of the
street right-of-way and the street line in such a srtuation, and provides an example.
Setbacks and yards adjacent to streets are measured from the street line.(3) when a lot abuts a street for which there is no prescribed width in article gl s, orwhere the existing right-of-way width is unclear, the street lines shall be deemed to
be twenty-five (25) feet from, and parallel to or concentric with, the center line of the
street.(4) ln the event of a conflict between the right-of-way widths prescribed in article g15
and those prescribed by Broward county of the Florida Department of rransportationfor a county or state roadway, the width requirements of Broward County or theFlorida Department of Transportation, as applicable, shall prevail.
(u,
(D)
Figure 210-1. lllustration of a street line.t0 Ir<)15 25 ft.
ln this example, the street ngh!of-
way is 40 feet wide but has a
prescribed width of 50 feet Right
of the centerline, a full 2s-foot
dedication exists. The "missing
link" is an addational 10 feet left
side of the centerline that, once
dedicated would complete the 50-
foot requirement. The slreet line
for this lot will be 10 feet from the
edge of the existing street right-of-
way and property line /fthe
addttional 1 0 feet is dedicated as
nght-of-way by the awner of lhe lat,
then lhe slreet line and propety line
will caincide, as intencled by this
E.
6,oi
40 ioot'exislrng
nghtofiway wdth
i 5ojoot plan.red and
designaled right, of-way width
Street lineLot
-----+:
ht of-way
Property
Line & edge
of right,of-
"Missing"
(ufldedi:ated)
City of Dania Beach 63 Draft: August 2010
Part 2
Article 210 Land Development Code
Sec. 210-20. Lots that do not comply with minimum area or dimensional requirements.
Any lot that does not comply with the minimum required lot area, lot width or lot depth may be
developed only in accordance with artrcle 710, "Nonconforming uses, structures and lots."
Sec. 2'10-30. Street frontage required.
Every building erected, added on to, reconstructed or structurally altered subsequent to the
enactment of this code shall be located on a lot fronting on either a private or public street.
City of Dania Beach 64 Draft: August 20'10
Parl2
Article 215 Land Development Code
ARTICLE 215. SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE.
Sec.
(A)
(B)
(c)
215-10. Yard regulations, generally.
All setbacks, build{o-lines and yards abutting streets shall be measured from the street
line. See sec. 210-10, which describes the difference between a street line and property
line/lot line.
Every part of a required front, side and rear yard must be open to the sky and
unobstructed except for accessory buildings and structures and other specific yard
encroachments permitted in this article within required yards, subject to specific limitations.
Required area or space cannot be reduced. The area or dimension of any lot, yard,
parking area or other space shall not be reduced to less than the minimum required by this
code; and, if already less than the mintmum required by this code, said area or dimension
shall not be further reduced.
Figure 215-1. lnterior Setbacks and Yards
Interior Side l-ot l,ine
Side Setback
Line
Rear l.ot Line (Rear
Propert] Linc)
Rear Setback
I-ine
Front Setback
Line
Inlerior Side Lot l-ine
:ilreel I ine
Sec. 215-20. Yard requirements for corner lots.
The community development director shall designate one (1) side of a corner lot facing a streetas the front street line of the lot based upon the orientation of the building facing a street, andthe other side of the lot facing a street as the corner side street line of the lot. The community
development director may also consider the following factors in making the yard determination:
usability of the lot; and compatibility with the configuration and pattern of adjacent lots, yards,
streets, and future development of surrounding property.
City of Dania Beach 65 Draft: August 2010
/
Rear
Yard
Buildablc Arca
Required
Front Yard
Required Side Yard
Patt 2
Article 215 Land Development Code
Figure 215-2. Corner Lot Setbacks and Yards
Interior Side Lol l-ine Side Setback
Lincs
Interior Side Lol I-ine
Side Sctback
Line
Properl) Line
Sec. 215-30. Yard requirements for multiple frontage lots.
(A) Where any lot abuts (3) three streets, a front yard and tvvo (2) corner street side yards
shall be piovided, unless the community development dlrector determines that more than
one (1) front yard is required for compatibility with existing development, future
development of vacant land, or an applicable city redevelopment plan.
(B) Where any lot abuts more than three (3) streets, it shall have front yards on all sides
unless the community development director determines that one (1) or more front yards
are not necessary or appropriate for compatibility with existing development, future
development of vacant land, or pursuant to an applicable city redevelopment plan, in
whrch case corner side yards may be substituted for no more than two (2) front yards.
Sidc Yard
Side
Yard
Uuildabl.
City of Dania Beach 66 Draft: August 2010
IjIoflt
Yrrd
Lirle
Ccrer Sid! Yard
Streel
Right-
of-way
\Ulrimale
Par1. 2
Article 215 Land Development Code
Figure 215-3. Multiple Frontage Lot Setbacks and Yards
lnterior Side
Lot Line
Interior Side
Setback Line
Stre€t
Right-
of-Way
Street Line
Sec. 21540. Through lots.(A) Where any lot extends the entire depth or width of a block and has frontage on more thanone (1) street at opposite ends of the lot, one (1) side of the lot facing i street shall bedetermined to be the front street line of the lot by the orientation of the building facing a
street, and the other side of the lot facing a street shall be determined to be the rear streetline. The community development director may consider other factors in making the yard
determination if appropriate for compatibility with the pattern and configuration of adjatentlots, yards, or streets, and the future development of surrounding property. The required
rear street setback shall be the same as the required front setback, and the rear yard shall
have the same provisions, reguirements and restrictions as a required front yard.(B) Through lots in the cRA form-based districts are subject to the building placement,
frontage standards, allowable building types, allowable frontage types, Jno all otherregulations for each opposing street. ln the event that a building wiil not extend the fulldepth of the buildable area of the lot, the community development director shall determinewhich street line is the front for the purpose of applying all of the aforementioneddevelopment standards. The portion of the lot adjacent to eich opposing street line shall
be first layers, with the area in between the first layers being the second layer.
Buildable
Area Comer
Side
Comer Side Yard
City of Dania Beach 67 Oraft: August 2010
Setback
Lines
Sucet
Side Yad
Fronl
Yard
Paft 2
Article 215 Land Development Code
Builddble
Figure 215-4. Through Lot Setbacks and Yards
lnterior Side
Lot Line
of-Way
Street
Side Setback
Line
Street
Line
f
ck Line
bemust
same as
front)
Sec. 21 5-50. Permitted yard encroachments in the E-l , RS-i8000, RS-l 2000, RS-8000,
RS-6000, NBHD-RES, and RD-8000 Districts.
(A) Chimneys, cornices, eaves, bay windows, canvas awnings, and balconies may extend not
more than three (3) feet from a principal building into a required yard.
(B) Carports, including fabric awnings or canopies, are permitted in required front and side
yarAs with minimum front and corner side setbacks of ten (10) feet, and a minimum interior
iide setback of five (5) feet. Within the NBHD-RES District, the setback encroachment in
the front yard is subject to sec. 305-70(H).
(C) Chimneyi and bay windows shall not, individually, exceed ten (10) feet in horizontal
dimension measured parallel to the building wall, and shall not individually exceed twenty-
five (25) percent of the length of the building wall from which the chimney, bay-window, or
both, project. Exampte (iltustrated in Figure 21*5., below): if the building wall is 32 feet in
tength, tite maximum horizontal dimension of the chimney cannot exceed I feet, which is
25-percent of the length of the buitding wall. lf the building wall is 60 feet in length, the
maximum allowable horizontal dimension of the chimney will be 10 feet, and not 25
percent of the wall length, which is 15 feet. Clarification: if the chimney or bay window will
not encroach into a required yard, the dimensional limitations of this provision do not
apply
City of Dania Beach 68 Draft: August 2010
Side Yard
Rear
Yard
Front
Yard
FronH
Setback
Line
Side Yard
Street
\
Part 2
Article 215 Land Development Code
Figure 2'15-5.
(D) First floor entrance platforms,
steps, stoops and unenclosed
porches may extend up to eight
(8) feet into a required front yard.(E) At-grade air conditioning units,
heating units, pool pumps, and
related equipment shall not be
located in a front yard or within
seven (7) feet of a side yard lot
line. Such devices, and related
equipment, may be located in a
required rear yard provided a
minimum five (5) foot setback is
provided to any property line.
Existing air conditioning, heating,and pool equipment that was
installed with proper permits, butdoes not comply with the
locational requirements of this
section, may be replaced at the
same location.(F) At-grade generators and fuel tanks may encroach into required yards as provided in sec.
285-21 0 (emergency generator regulations).(G) Patios, pools, and screened pool enclosures may encroach into required interior sideyards and rear yards as provided in sec.105-60 (swimming pool regulations).(H) other accessory structures, as provided in sec. 215-90 (accessory structure setbacks).(l) Driveways shall not be located within five (5) feet of an interior side lot line.(J) outdoor sports courts may be constructed within required yard areas except any requiredyard abutting a street line, provided that any walls or fences shall conform with article 235.(K) Fences and walls pursuant to article 235.(L) Landscapematerials.(M) Utility boxes.(N) Walkways to building entrances.
Sec.215-60. Permitted yard encroachments in the RIU, RM-l and RM-2 districts.(A) cornices, chimneys, balconies and fire escapes may extend not more than four (4) feetfrom a principal building into any required yard.(B) walkways, ramps or steps may extend into required side or rear yard no closer than two(2) feet to adjacent property lines provided no part exceeds three (3) feet in height abovethe grade.(C) Allowable encroachments for single-family and two-family (duplex) dwellings are permitted
subject to the requirements for encroachments in the RS and RD districts.(D) Fences and walls pursuant to article 235.(E Landscapematerials.(F) Utility boxes.(G) other accessory structures, as provided in sec. 2'ls-90 (accessory structure setbacks).
This illustration shows a
principal building that was
constructed with minimum
required setbacks on all sides
3 feet
.8ft ,
City of Dania Beach 69 Draft: August 2010
Principal
Building
Setback lines
Patt 2
Article 215 Land Development Code
Sec. 2'15-70. Permitted yard encroachments in the C-l, C-2, C-3, and C-4 Districts.(A) Cornices, canopies, balconies, and architectural features may extend horizontally a
maximum of four (4) feet into a required yard over a walkway, provided it shall have at
least nine (9) feet of vertical clearance above the sidewalk.(B) Marquees and canvas covered fireproof canopies, no wider than the entrance ways that
they cover, may be constructed over main entrances to hotels, theaters and places of
public assembly and may extend to the face of the street curb or the outside edge of the
sidewalk if there is no curb, provided that no support shall be nearer than eighteen (18)
inches to the face of the curb, and said installation shall have a minimum of nine (9) feet of
vertical clearance above the sidewalk.
(C) No projections shall be allowed in the required rear yard except open type fire escapes,
and these must be provided with a counter-balanced bottom section to provide for nine (9)
feet clearance when up.(D) Awnings may be suspended over public and private sidewalks, provided that they shall not
proleci nearer than eighteen (18) inches to the face of the street curb or outside edge of
the sidewalk if there is no curb, nor more than eight (8) feet from the exterior wall of the
building, and said installation shall have at least nine (9) feet of vertical clearance above
the sidewalk.E) Fences and walls pursuant to article 235.
F) Landscapematerials.
G) Utility boxes.H) Other accessory structures, as provided in sec. 215-90
Sec. 215-80. Permitted yard encroachments in other zoning districts.
Note: permitted encroachments within the CRA form-based zoning disticts are set forth in
B
C
D
E
afticle 31 1 .
Fences and walls pursuant to article 235.
Landscape materials.
Utility boxes.
Other accessory structures, as provided in this article.
ln the RMH Dtstrict, accessory structures pursuant to sec. 215-90(8)
Sec. 215-90. Accessory structure setbacks.
Certain accessory structures are permitted to encroach into required yards, as follows. All other
accessory structures are subject to principal structure setbacks.
(A) Aciessory buildings and structures in E-1 , RS-18000, RS-12000' RS-8000, RS-6000,
NBHD-RES, and RD-8000 drstrlcts. Accessory buildings and structures are subject to the
following requirements:(1) Nd accessory building or structure shall be located within five (5) feet of a side or
rear lot line unless otheMise provided in this code
(2) No accessory building or structure shall be located within a required yard abutting
any street line, such as front yards, corner side street yards and through lot rear
yards, except as provided in sec. 215-50 for carports.(3) Any ,"cessory building or structure located closer than ten (10) feet to a principal
structure shall be considered attached, and shall comply in all respects with the lot,
yard and bulk requirements of this code applicable to the principal structure, and
shall not interfere with any part of a lot necessary to comply with parking
requirements for the principal use.(4) Reier to articte 230 (special floor area, building dimension and building size
standards) for size limitations.(5) Refer to sec. 220-70 (accessory structure height) for height limitations'
City of Dania Beach 70 Draft: August 2010
Parl 2
Article 215 Land Oevelopment Code
(6) Refer to sec. 215-50 for allowable setback encroachments.(B) Accessory buildings and structures in the RMH District.(1) Carports shall be set back a minimum of two (2) feet from an interior side lot line, and
are sublect to the principal structure setback requirements from all other property
lines. Storage closets erected inside a carport will only require the same setback as
the carport.(2) Unroofed, raised wood decks and unroofed, raised concrete patios shall be set back
at least six (6) feet from a street line and two (2) feet from a side or rear lot line. Said
structures may only be enclosed with open mesh screening.(3) Refer to article 230 for size limitations.(4) Refer to sec. 220-7O for height limitations.(C) Accesso4u buildings and structures in other districts. Accessory structures shall complywith front and side yard requirements for the principal structure to which they are
accessory and shall be not closer to any rear property line than ten (10) feet. This
subsection does not apply to the CRA form-based zoning districts.(D) Accessory buildings and structures shall not interfere with any part of a lot necessary to
comply with parking requirements for the principal use in any zoning district.
Sec. 215-100. Waterway setbacks.
No structures shall be erected or constructed beyond the established bulkhead or bulkhead lineor over any waterway except docks and moorings pursuant to article 240 (docks and moorings).
Sec. 215-110. Special setbacks for certain uses and zoning districts.(A) Wet or dry stack marina buildings and structures in commercial zoning districts: minimum
set back of one hundred (100) feet from any lot designated residentiil on the future land
use plan map or zoning map.(B) RS-12000 districts zoned Broward County RS-3 prior to the date of adoption of this code:(1) Front setback requirement: minimum of twenty-five (25) feet(2) lnterior side setback requirement: minimum of seven and one-half (7.5) feet
sec. 215-120. separation between buildings and structures on the same lot, or within aunified development.(A) Mobile homes.(1) No part of any mobile home or travel trailer, or any addition or appurtenance thereto,shall be placed within ten (10) feet of any other mobile home, travel trailer, addition
or appurtenance thereto.(2) No part of any mobile home or travel trailer, or addition or appurtenance thereto,shall be located within twenty-five (25) feet of any accessory or service building orstructure used in connection with a mobile home park.(3) Utility buildings or other detached accessory buildings not located inside a carportshall not be located less than ten ('10) feet from any other detached accessory
building on an adjacent lot.(B) Townhouses. No part of an exterior wall of any building group shall be closer thanfifteen (15) feet from any part of an exterior wall of any other building in the pRD-1
District, and twenty (20) feet in other districts. This does not apply to the CRn form-basedzoning districts.(c) Multi-family dwellings (apartments) in the RM, RM-1, RM-2 districts. The distancebetween buildings shall be no less than forty (40) feet or the drstance obtained by usingthe following formula, whichever is greater.
City of Dania Beach 71 Draft: August 2010
Part 2
Article 215 Land Development Code
Commentary: the intent of this formula is to make the separation requirement
propottionate to the height of two adjacent buildings. The required separation between
buildings is also affected by their position relative to each other. For example, when two
buildings are placed side-by-side with similar dimension and setbacks (see Figure 215-6),
the required separation will be greater than if buildings of the same height and dimensions
are horizontally offset from each other (see Figure 2107). The offset, or lack of offset, is
defined as the "length of projection" of one building onto the other in the formula
Minimum separtion between buildings =La +Lb +Ha +Hb divided by six (6)
LaLb=
Ha
Hb
Length of Projection of Building B on Building A
Length of Projection of Building A on Building B
Height of Building A
Height of Building B
Example I (Figure 21 5-6)
200+200+30+40 = 470
470 divided by 6 = 78 feet of separation required
Example 2 (Figwe 215-7)
Although the total length of each building is the same as in Example 1, only half of each
building overlaps the other. Therefore:
100+100+30+40 = 270.
270 divided by 6 = 45 feet of separation required
Figure 215{Figure 215-7
These buildings have no offset.
and totally overtap That is,
each one projecls" 100o/6 of its
side onto the olher. This
lequires a greater separation
than in Figure 215-7.
There is a signifcant ofisel in the
way lhese buildings are positioned
relative lo the olher. There is very
little overlap. Each one "prqec1s"
only hatf of its intenor side onto the
other. This requires less separation
than Fioure 2'15{.
City of Dania Beach Draft: August 2010
n.
Bldg. A Btdg B
4{t n. h.ighl
Bldg. A
mfi Bldg. B
n height
72
Land Development Code
The lop pair of buildings are anotherway of
viewing what rs shown in Figure 2'15,6, and lhe
bottorn pair arc anolher way oi viewing what is
shown in Figure 215-7
Sec. 215-'130. lmpervious area standards.(A) Maximum allowable impervious area. ro effectively provide for the drainage of
stormwater the area of land covered by buildings, structures and impervious surfaces shall
not exceed seventy (70) percent for industrjal and commercial uses and sixty (60) percent
for residential uses, excluding the cRA form-based zoning districts for which open spacestandards are provided in the district regulations of article 303.(B) For the purpose of this section, all other uses such as, but not limited to, communityfacilities, utilaties, transportation and office parks, shall be included in the commercial usecategory. ln mixed-use developments located outside of the cRA form-based zoning
districts, the most restrictive of the applicable impervious area limitations shall be utilized.(C) Allowable use of pervious area- Subject to compliance with all other regulations, 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
compaction, or filling or covering of the ground with a material that prevents infiltration of
water into the ground.(D) Partial waiver of standard. Upon demonstration by an applicant that speclal conditionspeculiar to the location or physical characteristics of a particular site are present, or thatspecial conditions resulting from the design of existing facilities, project desrgn, orsurrounding land uses are present, the city commission may grant a waiver from theimpervious area standards, subject to the following limitations:(1) The volume of stormwater runoff that would be increased by granting the partialwaiver shall be completely mitigated through design and construction methods,including but not limited to, underground stormwater storage vaults, french drains,green (landscaped) roofs that absorb stormwater, stormwater storage and reuse
systems for irrigation, positive outfall systems, use of pervious ground stabilization
systems where deemed appropriate by the city engineer, and other improvements toaid in the retention and filtration of stormwater runoff.(2) lf a waiver is granted, the impervious area shall not exceed eighty-five (g5) percent
for industrial uses, eighty (80) percent for commercial uses and seventy (70) percent
for resldential uses.
73
Paft 2
Article 215
City of Dania Beach Draft: August 2010
Paft 2
Article 220 Land Development Code
ARTICLE 220. SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS
(INCLUDING LOWEST FINISHED FLOOR); ROOFToP REGULATIONS.
Sec.
(A)
(B)
(c)
220-10. Height measurements and general exceptions.
Height measurements. No building or structure shall exceed the maximum allowable
number of stories or height limit expressed in feet, allowed in the schedules of site
development regulations in article 205 and in the CRA form-based zoning regulations in
article 303.
The following structures may exceed the maximum height limit of any zoning district by a
maximum of twenty-five (25) percent unless otheruise provided below:(1) Rooftop structures in the CRA form-based zoning district are regulated in sec. 304-
10.(2) Rooftop structures for the housing of elevators, stairways, tanks, skylights, ventilating
fans, air conditioning or similar equipment required to operate and maintain the
building, and cupolas, steeples, chimneys and other decorative rooftop projections'
provided that the aggregate coverage of all such structures does not exceed fifteen
(15) percent of the total roof area. See a/so sec. 220-60 (rooftop mechanical
equipment).(3) Radio and television antennae, whether freestanding or roof-mounted.
(4) Solar panels and accessory equipment.
iSi Ham iadio antennae may exceed the maximum district height limit by forty (40)
percent.
All buildings and structures shall be constructed with a lowest FFE of at least one (1) foot
above the one hundred (100) year fiood elevation established by the Federal Emergency
Management Administration's Flood lnsurance Rate Maps (FIRM), unless otherwise
provided in chapter 12 (flood damage prevention).
Sec.220-20. Airspace restrictions on allowable height; Federal Aviation Administration
review.
The height of multiple-story buildings near Fort Lauderdale-Hollywood lnternational Airport may
in somJcases be restricted by federal regulations in order to avoid conflicts between structures
and aircraft approaching the airport to land. Due to the city's proximity to the airport, the
following development ipplications require Federal Aviation Administration (FAA) review for
potential flight path obstructions prior to issuance of any city development order or permit:
inl An application to construct, substantially change, alter, modify or repair a building or
structure that would exceed two hundred (200) feet in height, measured to the highest
point of the building or structure; and
(B) An application to construct, substantrally change, alter, modify or repatr building or
structure that would be situated within twenty thousand (20,000) horizontal feet of a
runway, and that would be of a height that is greater than one (1) foot for each one
hundred (100) feet of separation between the building and the nearest point of any runway
(a 1 :100 ratio of height to horrzontal distance). Note: the maiow of building activities
proximate to the airpoft will require FAA review, but will not necessaily result in an FAA
determination that the activity constitules an obstruction.
Example: as shown in Figure 220-1 ., betow, if a 1l0-foot building is proposed at a location
5,000 feet from the edge of a runway, FAA review would be required because the building
would only have 50 feet of runway separation for each foot of proposed height (5,000 ft.
separation divided by 100 feet building height = 50 feet of separation for each foot of
height). lf that same building is proposed10,000 feet from the edge of the same runway,
FAA review would not be riquired, because the buitding would have the full 100 feet of
City of Dania Beach 74 Draft: August 2010
Part 2
AJlicle 220 Land Development Code
runway separation for each foot of proposed height (10,000 ft, separation divided by 100
feet height =100 feet of separation per foot of height).
Figure 220-1
sec. 220-30. Additional height allowance in exchange for increased open space inmultiple-family residential districts.(A) ln order to encourage the provision of more open space than required through lotcoverage and impervious area limitations in article 215, the maximum building height inRM, RM-1 and RM-2 districts may be increased by the city commission upon r6duction ofthe lot coverage below twenty-five (25) percent, provided that the building height shall notexceed five (5) stories and sixty-two (62) feet in the RM District, nor eight (gfstories and
ninety (90) feet in the RM-1 and RM-2 districts.(B) within any lot zoned RM-2 having an area of ten (10) or more acres, building height mayexceed eight (8) stories and ninety (90) feet by using the formula below. kowe.-ver, nobuilding will be permitted to have a height greater than fifteen (i 5) stories and onehundred fifty (150) feet. The formula is as foltows:
ALLOWABLE LOT COVERAGE
PROPOSED STORIES,
= LOT AREA (in square feet) divided by NUMBER OF
Example:
The owner of a ten (10) acre (435,600 s.f.) parcel proposes to construct a fifteen (15) storymulti-family apartment building. what is the allowable Iot coverage for the structure?
ALLOWABLE Lor covERAGE = 435,600 divided by 15 = 29,040 s.f., which is 6 66 percent ofthe total lot area.
Sec. 220-40. Reserved.
Building A and Building B are both proposed to be
100 feet in height.
Building A requires FAA review.
Building B does not require FAA review.
5.000 11
Not drawn to scale
----- l 100 ft. heig ht
Max height without
FAA review: 100 ft.l\ilax heig ht without
FAA review: 50 ft.
10,000ft
-
50 ft. height
--'------- Runway
: I 00 slone
City of Dania Beach 75 Draft: August 2010
Land Development Code
Sec. 220-50. Special height restrictions for certain uses.(A) ln the C-3 and C-4 districts, no wet or dry stack marina building or structure can exceed a
height of thirty (30) feet. Cross reference: sec. 110-170 (wet and dry stack marina and
related facilities).
Sec. 220-60. Rooftop mechanical equipment.(A) New rooftop air conditioning units in residential districts must be located on flat roofs only
on the rear one-half ('ll2) of the building, and must be screened from view from adjacent
properties. The city may waive this standard as part of site plan approval in the CRA form-
based districts if an acceptable design solution effectively hides the equipment from being
viewed at street level and in adjacent buildings of the same or lesser height.
(B) Property owners are allowed to reptace roof air-conditioning units that are not located on
the rear one-half (1/2) ofthe building, provided the units are painted the same color as the
roof or are painted white.(c) sec. 525-20 contains design standards for rooftop mechanical equipment in the cRA
form-based zoning districts.
Sec. 220-70. Accessory structure height.
Accessory buildings and structures are subject to the same height limitations as the
principal building or structure, provided that within the E-1 , RS-18000, RS-12000, RS-
8OOO, RS-6OOO, RMH, NBHD-RES, and RD-8000 districts, maximum allowable height is ten
(10) feet, and up to fourteen (14) feet to the peak of a sloped roof.
City of Oania Beach 76 Draft: August 2010
Part 2
Article 220
Parl 2
Article 225
Sec. 225-10. lntersection vision.(A) lntent: to aid to in the safe movement of vehicles and pedestrians at and near street
intersections by maintaining sight lines and cross visibility for motorists and pedestrians.(B) No obstruction other than those listed in subsection (D) are permitted within the sight
distance triangle area defined in subsection (C), between thirty (30) inches and eight (8)
feet above the grade measured at the street line within the sight distance triangle.(c) The triangle is formed with two (2) sides being thirty (30) feet in length along the abutting
street lines (illustrated by the letter "8" in Figure 22s-1 below), measured from their point
of intersection, illustrated by the letter "A" in the diagram below, and the third side being a
line connecting the ends of the other two sides, illustrated by the letter "c" in the diagrim
below. ln the event the street lines do not intersect as shown in Figure 22s-1., the point ofintersection illustrated by the letter "A" in Figure 225-2, street lines shall be the point atwhich the street lines, if extended, would intersect.(D) Exceptaons. The following obstructions are permitted within the sight distance triangle.(1) Trees having limbs and foliage trimmed in such a manner that no mbs oifoliageextend into the area between thirty (30) inches and eight (g) feet above grade. Trees
must be located so as not to create a traffic hazard.(2) Fire hydrants, public utility poles, street markers and traffjc control devices.
ARTICLE 225. INTERSECTION VISIBILITY STANDARDS.
F.igure 225-1. lntersection sight distance triangle illustration where streets intersect at right (90degree) angles.
sl Rt.u l
= Sight Drstance Tnangles
?
((
s'rRLilu
< R= 1nft
t!B!!d
A . Poinr of inttrsection ot rwo sreel lines
E = l&f@t mesrrebenr from point of mreMdion
C = Comecring li.e to cohpl(e lhe trionale
l"lil
++
77 Draft: August 2010
Land Development Code
City of Dania Beach
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Article 225 Land Development Code
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City of Dania Beach 78 Draft: August 2010
A
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Article 230 Land Development Code
ARTICLE 230.
STANDARDS.
SPECIAL FLOOR AREA, BUILDING DIMENSION AND BUILDING SIZE
Sec. 230-10. Maximum building length requirements.(A) ln the C-1 District, the maximum length of any structure or group of attached structures
shall not exceed one hundred fifty (150) feet.(B) The maximum length of a townhouse building group is one hundred fifty (150) feet.(C) The maximum length of a multiple-family dwelling is one hundred fifty (150) feet, unless
there are at least four (4) dwelling units with exterior frontage along the length of the
building, in which case the maximum allowable length shall be one hundred seventy-five
(175) feet.
Sec. 230-20. Caretaker or watchman quarters.
The maximum permitted size of a watchman or caretaker dwelling unit is the lesser of twelve
hundred ('1,200) square feet of GFA or an amount equal to twenty (20) percent of the GFA ofthe principal commercial or industrial building.
Sec. 230-30. Reserved.
Sec. 230-40. Minimum floor areas for dwellings and lodging units.(A) Multifamily residentral dwellings shall contain at least five hundred (5OO) square feet of netfloor area for efficiencies, seven hundred fifty (750) square feet for one-bedroom units,nine hundred (900) square feet for two-bedroom units, eleven hundred fifty (1150) squarefeet for three-bedroom units, and one hundred fifty (150) square feet for-each additional
bedroom. Dens that are supplemental to a living room shall count as bedrooms.(B) Hotel, extended-stay hotel, time-share, and condominium-hotel rooms, units, or keys shall
contain at least two hundred fifty (250) square feet of net floor area.(C) Detached single-family dwellings shall contain at least fifteen hundred (1500) square feetof net floor area.
Sec' 230-50' Maximum allowable floor area for accessory buildings and structures in theE-1,R5-18000,R5-12000,R5-8000,Rs-6004 NBHD-RES,RMH,anaRD_SOOOdistricts.
Accessory buildings and slructures, including awnings, shall not occupy an area equivalent tomore than forty (40) percent of the gross floor area of the principal building or siructure, or
seven hundred fifly (750) feet, whichever is less.
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Article 235 Land Development Code
Sec.
(A)
(B)
(c)
(D)
(E)
ARTICLE 235. WALLS, FENCES AND HEDGES.
235-10. Placement of walls, hedges and fences.
Fences, walls and hedges are permitted only within the boundaries of a lot, and are
prohibited within any right-of-way.
Fences, walls and hedges may be placed within required yards subject to the provtsions of
this section.
The outer edge of fences and walls, including any footers, shall be placed no closer than
one (1) inch to any property line or street line. The center of a line of shrubs that will form
a hedges shall be planted no closer than one (1) foot to any property line or street line,
and should be planted with additional setback in order to maintain the desired width
without encroachang into an adjoining property or right-of-way.
The outer edge of any fence, wall and hedge shall be set back at least two and one-half
(2.5) feet from any property line abutting a platted alley.
Fences, walls and hedges located adjacent to an intersection of streets are subject to the
site distance requirements of arlicle 225.
Sec. 235-20. Height measurement.
For the purpose oi determining the maximum allowable height of a fence, wall or hedge, height
shall be measured from the grade upon which lt is erected. Where there is a difference in
elevation on opposite sides of the wall, fence or hedge, the height shall be measured from the
highest elevation.
Sec. 235-30. Requirements for placement within required yards.
Walls, fences or hedges may be located or constructed within the required yards and shall
conform to the following regulations, except where special screening and buffering requirements
are set forth in article 275.(A) Front yard. walls, fences and hedges located in the front yard shall not exceed four (4)
feet i; height in the RS, RD and CRA form-based zoning districts. Walls, fences and
hedges locited in the front yard of all other zoning districts shall not exceed six (6) feet in
height, provided that on any lot that is occupied by a single-family, two-family or
townhouse dwelling, the maximum height in the front yard is four (4) feet.
(B) Side and rear yards. walls, fences and hedges located in side and rear yards, including
corner street side yards and the rear yards of through lots, shall not exceed six (6) feet in
height in all residential and CRA form-based zoning districts, and eight (8) feet in height in
a other districts. For any property abutting a wateMay or canal, no hedge, wall or
opaque fence located within 1o (ten) feet of the edge of the waterway, measured from the
outei face of the seawall or top of bank in the absence of a seawall, shall be permitted to
exceed five (5) feet in height measured from the height of the adjacent seawall or top of
bank; provided, however, a non-opaque fence shall be permitted to be erected up to six
(6) feet in height
Sec. 23540. Materials.(A) Barbed wire, electrification. ln residential zoning districts, CRA form-based zoning districts
and along property lines abutting residentially zoned properties or CRA form-based zoning
districts, no fence shall be constructed of barbed wire, electrified wire or any material
inherently dangerous.(B) Fences or waiis shall be constructed of masonry materials, wood, chain link, P.V.C. or
other materials approved by the building code. Louvered concrete fences are prohibited.
Fences existing prior to the date of adoption of this section that do not comply with this
subsection shall be governed by the nonconforming structure provisions of Article 710.
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Article 235 Land Development Code
Sec. 235-50. Orientation.
The decorative side of wall or fence shall face the exterior or public side.
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Article 240 Land Development Code
ARTICLE 240. DOCKSAND MOORING STRUCTURES.
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Sec. 240-10. Dock signage.
No advertising signs of any kind shall be permitted on docks or boats docked within residential
areas of the city, except one "for sale" sign or one "dock for rent" sign not over eighteen (18)
inches by thirty-six (36) inches in size.
Sec. 240-20. Construction of accessory boat slips and docks on waterways; limitations.
(A) Boat slips and docks may be constructed by the owner of any waterfront lot where a
principal building exists.(B) Accessory docks shall not extend into the waterway more than five (5) feet beyond the
property line, unless the waterway exceeds fifty (50) feet in width; in which case a dock or
slip may extend up to ten (10) percent the width of the waterway, or a maximum of twenty
(20) feet, whichever is smaller, measured from the property line.
(C) The deck of an accessory dock shall not exceed three (3) feet above mean high tide level,
except when the adjacent property is higher than three (3) feet above mean high tide level
the deck may be of the same elevation as the average ground level abutting the seawall.
(D) Only materials and preservatives approved by the Florida Department of Environmental
Regulation (D.E.R.) lFlorida Department of Environmental Protection (D.E.P.)] and the
Broward county Environmental Quality control Board (B.c.E.o.c.B.) can be used in
submersion applications.(E) Mooring or dolphin piles shall not extend into the waterway more than five (5) feet beyond
the property line, unless the waterway exceeds fifty (50) feet in width; in which case a
mooring or dolphin pile may extend up to ten (10) percent the width of the waterway, or a
maximum of twenty (20) feet, whichever is smaller, beyond the property line, except as
provided in subsection (F), below, for the Dania Cut-off Canal.
(F) For docks existing in the Dania [Beach] Cut-off Canal at the original effective date of
adoption of this provision, september 22, 1987,mooring or dolphin poles shall.be allowed
to extend into the canal the same distance as the docks existing as of said ordinance
adoption date.
(G) No boathouse, permanent covering, or temporary covering for a boat shall be permitted
within the setback area required for the zoning district in which such shelter is to be
located nor shall any boat house, permanent covering or temporary covering for a boat, or
any other structure be permitted within or over any public waterway.
(H) prior to the commencement of any construction activities, a permit for the erection of
docks, slips, boat davits, hoists, mooring piles or similar boat mooring structures shall be
obtained irom the building department, and if constructed on or in navigable waters, the
approval of alt governmental authorities regulating the erection of such mooring structure
must be secured. Further, before a permit is issued to any person to construct such
mooring structure, the person shall certify that he either owns the land abutting the water
,pon *:hich the mooring structure will be constructed or produce written consent of the
owner or owners, be if a private person or a governmental agency, to construct such
mooring structure in the partlcular wateMay.(l) lnspecti-on of all mooring structures, private, municipal and commercial, under the"
.jurisdiction of the city, is the responsibility of the building official. ln the event any mooring
structure shall be found in an unsafe or unsatisfactory condition, the owner shall be
notified in writing that he has a period of thirty (30) days to correct the condition.
(J) No extension oia boaFlifting device capable of being submerged shall extend more than
twenty-five (25) percent of the width of the wateMay, not to exceed fifteen ('15) feet,
unlesi a variance is first granted for same by the planning and zoning board and a
guidepole is attached to thi end of such device which extends over the waterway. The
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Article 240 Land Development Code
guidepole shall be a pole no less than one and one-half (1 1/2) inches in diameter andpermanently attached to such device. The guide pole shall be vertical and extend at least
six (6) feet above the surface of the water at all times and shall display a reflective color
over the exposed surface.(K) No cooking, sleeping or business activity shall be permitted or conducted on a dock.
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Article 245 Land Development Code
ARTICLE 245. PAVING, EXCAVATION AND FILLING.
Sec. 245-10. Permit required.
It shall be unlawful for any person to undertake any excavation or filling activity as defined in this
code, or to pave driveways, sidewalks, parking lots, streets or any other area within the city
unless a city permit authorizing such paving is first obtained.
Sec. 245-20. Minimum paving standards.(A) Concrete sidewalks shall be four (4) inches thick; drop sidewalks for driveways shall be six
(6) inches thick with a depression of three (3) inches at the street edge; and
(B) Corners at intersections of streets shall have safety islands with a minimum width of eight
(8) feet on each side of the corner, the width to be measured along the inside of the
sidewalks ad.jacent to the corner.
(C) No permit shall be issued which would allow paving over existing sidewalks.
Sec. 245-30. Excavation permits.
(A) Permits shall be obtained from the city and Broward county Department of Growth
Management and Environmental Protection. Additional permits from the Broward County
Watei Resources Management Division, Florida Department of Environmental Regulation,
U.S. Army Corps of Engineers, and south Florida water Management District may be
required, depending upon the proposed location and extent of excavation.
(B) Where excavation has been discontinued for a period of six (6) months or more, or has
been abandoned, any renewal or resumption of excavation shall require a new excavation
permit subject to all the requirements of this article for a new permit.
(C) Applications for excavation permits shalt be accompanied by the following:(i) n ptot plan to show the property owned or controlled by the applicant with reference
to streets, highways and contiguous platted areas.(2) Cross-sections to show approximate elevation and grades at the final outside
boundaries of excavation.
(3)
(7)
4
(6)
A final grading plan to show the ground elevations of the land immediately adjacent
to the side of the excavation and all of bounding streets or roads.
Detailed information as to the disposition of the excavated material.
Upon completion of the excavation, and where there is a question that the
excavation is in accordance with the plans approved, a topographical survey may be
required showing elevations and cross-sections of the final outside boundaries of
each excavation at one hundred ('100) foot intervals.
The plans, maps, elevations and cross-sections required by this section shall be
made by a professional engineer licensed to practice by the state of Florida'
A perfoimance bond in an amount determined by the public services director to be
suificient to ensure completion of the work in compliance with the regulations of the
city and any other permitting agencies, should the excavation be abandoned or
undertaken in violation of permit requirements.
Sec. 245-40. Excavation requirements.(A) The use of heavy machinery for extraction and removal of natural material or deposits is
permissible where the removal has been approved and authorized by permit'
(B) The land area exposed by the extraction and removal of natural materials or deposits shall
be left suitable for future use in consistent with the applicable zoning district regulations.
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Article 245 Land Oevelopment Code
(C) New excavation as a principal use shall be permissible use only in a zoning district in
which that use is permissible under this code, sub.lect to the provisions of this article and
approval of the city commission.(D) An existing excavation for which a valid permit is maintained may be continued and
extended pursuant to that permit and shall not be construed to be a nonconforming use.
Sec. 245-50. Locational restrictions on excavation activities.
No excavation shall be allowed closer to street lines and property lines than stipulated below.(A) Two hundred twenty (220) feet of the street line of any trafficway as defined on the
Broward County Trafficways Plan.(B) One hundred fifty (150) feet a non{rafficway street line.(C) Fifty (50) feet of any private property tine.(D) An excavation may be extended to within not less than twenty-five (25) feet of a street line
or private property line, if that excavation is clearly indicated on the lot for the excavatlon,
and the excavation is backfilled with suitable material to a distance not less than one
hundred fifty (150) feet from the future street or highway line, or not less than fifty (50) feetfrom the private property line, as the case may be.(E) that temporary excavation that will be completely backfilled with suitable material may
occur up to twenty-five (25) feet from street lines and property lines(F) The excavation and slope, if required, may commence at a common property line in the
case of a pnvate property, if waivers are secured from the abutting property owners.
Sec. 245-60. Excavation standards.(A) During the excavation operations, the premises shall be suitably and prominenly posted
with signs to warn the public of possible hazards.(B) The grading, leveling and sloping of the final banks shall be on a progressive basis as theproject develops and the excavation progresses.(C) The vertical cut at the final bank shall be modified in such a manner that the requiredperimeter slope of one (1) vertical to four (4) horizontal will be sustained and maintained toa water depth of two (2) feet measured from mean low water level or as modified from time
to time by the South Florida Water Management District.(D) The property shall be staked along the property line and the top slope line in the portion ofthe final perimeter to which the excavation extends during the period covered by ihe yearlypermit in effect. Stakes shall be maintained in proper fashion during said period so that thelimits of excavation slopes and grade levels in said portion of thefinal perimeter may beeasily determined and verified.(E) During the entlre operation, dynamite shall not be used except in accordance with stateregulations or as approved by the city commission.(F) Every owner or operator of any excavation shall be insured in an amount determinedappropriate by the city attorney against liability arising from any activities or operations
incidental to excavation carried on or conducted pursuant to any permit or approval given
for such excavation by the city.(G) All excavation access roads shall be well sprinkled to minimize dust, provided suchsprinkling shall not be required five hundred (5oo) feet or more from a public street orhighway.(H) Upon completion of an excavation that constitutes a principal use, the perimeter of theproperty shall be sodded and landscaped pursuant to the buffering requirements of sec.275-110 (perimeter buffer landscape requrrements for areas separatrng business,commercial, mixed-use residential/commercial, and industrial property frori residentialproperty). when the excavation is accessory to development of l5nd (ex: drarnage
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Part 2
Article 245 Land Development code
retention lake), the site shall be graded and landscaped pursuant to the approved site
plan.(l) The perimeter of the excavation shall be properly backfilled and graded, provided that a
slope of one (1) foot vertical shall be maintained for each four (4) feet horizontal from the
perimeter into a minimum depth of two (2) feet of water at mean low water elevation.(J) Whenever excavation operations on any property shall have been completed, abandoned
or permanently discontinued, all plants, buildings, structures (except fences) and
equipment shall be entirely removed from such property and all stockpiles, topsoil, refuse
orwaste materials shall be removed, redistributed on the premises, or backfilled within the
pit, within ninety (90) days after such completion. The provisions of this subparagraph
shall not apply to any plants, buildings, structures, equipment or stockpiles if the premises
are being utilized to process rock, gravel or other material from other properties.
Sec. 245-70. Lake filling definition.(A) For purposes of thi- regulation, "lake filling" shall mean the placement of clean fill material
into any existing body of water, either natural or man made. Clean fill constitutes sand,
rock, concrete, ioncrete with reinforcement steel and road bed material. Lake filling as
used in this section shall not include filling of building foundations or excavations for
utilities.
Sec. 245-80. Lake filling permit application requirements.
(A) permits shall be obialned from the city and all other governmental authorities prior to start
of work. other governmental authorities include the Broward county Department of
Growth Management and Environmental Protection, Broward county water Resources
Management bivision, Florida Department of Environmental Regulation, U.S. Army Corp
of Engineers, and South Florida Water Management District'
(B) ln ordlr to apply for a permit from the city, the following shall be submitted:
(1) A current survey of the property to be filled, certified by a land surveyor registered in
the State of Florida.(2) A copy of the warranty deed for the property or contract to purchase'
(3) A drawing showing the lake areas that are to be filled'
iai A drawin-g indicathg lake depth on a grid of not more than one hundred (100) feet
each way.(S) A description of the material that is intended to be placed in the lake along with a
written description of the methods to be utilized in the filling'
(6) An affidavit signed by the owner, indicating the intended use ofthe property after the
filling operation is complete and whether structures are intended to be built on the
property.
if rirr"trr"t are intended to be built on the property after filling, then the owner shall
submit a report by an engineer, registered in the state of Florida and familiar with
building foundations, as to the adequacy of the proposed method of filling and what
foundations will be necessary after the lake is filled. The said report shall be
submitted to the city within thirty (30) days of completion of the fill project'
Any additional submittal requirements listed on the city application form'
A ierformance bond in an amount determined by the public services director to be
suificient to ensure completion of the work in compliance with the regulations of the
cityandanyotherpermittingagencies,shouldtheactivitybeabandonedor
undertaken in violation of permit requirements.
(1)
(8)
(s)
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Article 245 Land Development Code
Sec. 245-90. Lake filling regulations.(A) Only clean fill shall be deposited. Clean fill constitutes sand, rock, concrete, concrete with
reinforcement steel and road bed materral.(B) The material used to fill the lake shall not contain any wood, lumber, trees, tree trimmings
or other organic materials which could decompose causing water quality degradation.
None of the above materials shall be allowed on the site, except when contained in
removable dumpsters and then only in minimal amounts.(C) Should any unsuitable material inadvertently be placed in the lake, the filling operation
shall be halted and the contractor shall notify the city. The filling shall remain halted until
the unsuitable material is removed from the site and set aside for proper disposal.(D) ln order to ensure that only clean fill is deposited, the contractor shall supply with city with
documentation as to the source and contents of the fill material that the communitydevelopment director deems sufficient. Upon determination of the community
development director that the source and content of the fitl has not sufficiently verified, oithat inappropriate fill has been utilized in violation of this section, the community
development director may require a city or third party inspector to monitor the site at thedeveloper's expense.(E) The site shall be secured with a six (6)Joot-high chain link fence prior to commencing
operation, which shall be kept in place until completion of all work.(F) The owner/applicant must submit a copy of a license issued by Broward county
Department of Growth Management and Environmental Protection with the application forthe fill permit to be issued by the city. All provisions and conditions of the license shall becomplied with by the owner/applicant.
Sec. 245-100. Site drainage requirements.(A) All developed land within the city shall comply with the stormwater level of servicestandards adopted in article 805, concurrency determinations.(B) Private property shall not drain onto any public right-otway.(C) The grading, maintenance and use of swales is regulated ln article 4OO (street dedication
and design standards).(D) Lots shall be filled to a height equal to the crown of the next adjacent street.
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Land Development Code
ARTICLE 250. WILDLIFE PROTECTION.
Sec. 250-10. Wildlife protection requirements.(A) The developer of any existing natural land area in excess of one-half acre in the city must
provide for the avoidance of impacts to or the safe capture and relocation of any wildlife
species protected by federal or state law in accordance with relevant permits and
reg ulations.,The developer, at the developer's sole expense, shall:
(1) Upon request from the city, provide a written report of a qualified, independent,
private consultant, approved by the city, which evaluates the land area's existing
conditions, wildlife populations of protected species (by numbers and types) and
proposes a specific action plan for the conservation identified protected animal
populations; and.
(2) Upon request from the city, provide proof of permits and coordination with federal,
State and County environmental regulatory agencies; and
(B) The city may request changes to proposed development deslgns and proposed methods
ioi construciion in order to conserve wildlife species in the vicinity (including offsite) regardless
of protected Status of the species and permit authorization to remove or relocate the species.
(Cj The city may require proof of compliance with federal, State, County and City wildlife
protection ,ua"ries prior to issuance of building permits as well as prior to issuance of
certificates of occupancy.
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Article 250
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Article 255 Land Development Code
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ARTICLE 255. ENVIRONMENTALLY SENSITIVE LANDS; WELLFIELD PROTECTTON.
Sec. 255-10. Environmentallysensitive lands.lf a proposed development includes all or any part of lands identified as environmentally
sensitive in the comprehensjve plan, or as a local area of particular concern, or as an urban
wilderness site as designated by Broward County, an environmental impact assessment shallbe required. The environmental impact assessment shall be prepared by the petitioner andsubject to review and approval by the city consistent with the Broward county Land
Development Code adopted September 25, 1989.
Sec. 255-20. Potable water wellfield protection.
An application for a development permit for land that is located within a wellfield protection zoneshall comply with the wellfield protection regulations of the Broward County Land Development
Code.
Sec. 260-10. Airpo( proximity and navigational hazard regulations.(A) See article 220 for special height limitations and Federal Aviation Administration (FAA)
review requrrements.(B) Proposed developments that produce light or illumination, smoke, glare or other visual
hazards, or produce electronic interference with airporUairplane navigation signals are
subject to the standards specified in the FAA Procedures Manual 7400-2C, consistent with
Sei. S::.OS(3), Florida Statutes, as may be applied and enforced by the state or federal
governments.
(C) tight" or illumination used in conjunction with streets, parking, signs or use of land and
stiuctures shall be arranged and operated in such a manner that it is not misleading or
dangerous to aircraft operating from a public airport or in the vicinity of a public airport.
(D) No 6perations of any type shill produce smoke, glare or other visual hazards within three
(3) statute miles of any usable runway of the airport
(E) Lighting. Notwithstanding the preceding provisions of this section, the owner of any
structure over two hunired (200) feet above ground level shall install lighting in
accordance with Federal Aviation Administration Advisory circular 70-7460-1H and
amendments thereto on such structure. This lighting may include flashing red beacons,
steady burning red obstruction lights or high-intensity obstruction lights. All required
lighting must b-e in accordance with Federal Aviation Administration Advisory Circular 70-
7460-1 H and amendments thereto.
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Article 260 Land Development Code
ARTICLE 260. AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD REGULATIONS.
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Article 265 Land Development Code
ARTICLE 265. OFF-STREET PARKING REQUIREMENTS.
Sec. 265-10. Purpose.
The requtrements of this article are intended to ensure that a sufficient number of off-street
parking spaces are provided to allow the necessary functions for loading, unloading and parking
maneuvers to be carried out on private property, and completely off of the street righlof-way,
unless otherwise specifically permitted. lt is further intended that the design of off-street parking
areas ensure safe and efficient traffic circulation, with consideration given to the surrounding
street plan, pedestrian movements and safety.
The off-street parking regulations specific to any zoning district shall supersede thecorresponding regulations of this article. All other provisions of this article shall apply. For
accessory parking of mobile living units, commercial vehicles, recreational vehicles and boats.
see sections 105-1 10, 120, 13O and 140.
Sec. 265-20. Off-street parking space definition; dimensions.(A) An off-skeet parking space is an all-weather surfaced area located outside of a street oralley, that is permanently reserved for the temporary storage of one (1) private passenger
motor vehrcle, and that is connected to a street or alley by an all-weather surfaceddriveway or access aisle. Minimum parking space dimensions are nine (9) feet in widthand eighteen (18) feet in length, except as provided below.(B) Handicap-accessible parking spaces shall measure the requirements set forth in thebuilding code, subsection 1 1-4.1.2.(c) Accessible parking spaces shall be provided in the quantity required by the building code,subsection 11-4.1.2, provided that building code has special requirements for certain uses.(D) off-street parallel parking spaces in the cc, EDBB-MU, SFED-MU, and NBHD-MU districtsshall measure eight (8) feet in width and twenty{hree (23) feet in length. Off-street paraltelparking spaces in all other districts shall measure ten (10) feet by twenty{hree (23) feet.Handicap-accessible parallel parking spaces shall measure the requirements s"i forth inthe building code, subsection j1-4.1.2.
Sec. 265-30. Vehicular stacking space definition; dimensions.(A) A vehicular stacking space is a space measuring twenty (20) feet in length and at least ten(10) feet in width. Stacking spaces shall be specifically reserved and d6marcated throughcurbing or pavement markings as one (1) or more separate and distinct lane(s), for thetemporary stopping of a vehicle awaiting service as provided in this section, and shall notbe designed or used for, nor interfere with, any other purpose-including but not limited tosrte circulation, parking, and loading.(B) A separate and distinct on-site escape lane shall be provided to allow motorists to bypassthe drive{hru service lane(s).(c) All inbound spaces are measured from the front of the first stopping point at a serviceposition, and all outbound spaces are measured forward from the lasi itopping point at aservice position.(D) Each stacking space shall be clearly defined on the site plan.
Sec. 265-40. lnterpretation of off-street parking requirements.(A) The parking required in this section is in addition to space for storage of trucks or othervehicles used in connection with a business, commerciar or industriar ise.(B) where fractional spaces result, the parking spaces required shall be construed to be thenelt highest number.
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Article 265 Land Development Code
(C) All parking requirements shall be construed to include the language, "or fraction thereof'.
For example, if one guest space is required per four dwelling units, the requirement shall
be read to mean, "one guest space is required per four dwelling units, or fraction thereof.
(D) The parking space requirements for a use not specifically listed in the article shall be the
same as for a listed use of similar characteristics of parking demand generatlon.
(E) All references to floor area are gross floor area unless otherwise indicated
(F) No parking stall which is situated in front of a nonresidential overhead doorway shall count
as required parking.
(G) Whenever two (2) or more formulas are provided for determining the required parking for a
use, the term "greater of'shall mean "whichever formula requires the greatest number of
parking spaces."(H) The teim "lesser of'shall mean whichever parking reduction formula results in the smallest
reduction in the number of required parking spaces(l) Single-car prrvate garages for individual dwelling unats shall not be used to satisfy the'' parling requirements foi any dwelling unit. Two-car private garages (townhouse, single-
iamily,-zero-lot line) qualify as a single required parking space, provided garage shall have
an interior unobstructed area measuring at least twenty (20) feet by tlventy (20) feet.
Single car garages shall have an interior unobstructed area measuring at least eleven (11)
feet by twenty (20) feet.
Commeniary: in South Florida, single-car garages are often used for storage instead of
parking, giien the absence of basements. For this reason, single-car garages do not
count toward required Parking.(J) Measurement of seating capaiity. -The following equivalencies may be used as a
minimum guide in the application of the schedule of off-street parking requirements.
Seating Type Area and dimensional equivalencies
One (1) fixed seat (includes moveable
chairs linked to at least seven (7) other
chairs in the same row)
Seven (7) square feet of floor area in seating
areas of occupancies requiring seating.
One (1) moveable chair
Fifteen (1 5) square feet of floor area in seating
areas of occupancies requiring seating The
remainder of areas external to actual seating
areas shall provide requrred parking according
to the schedule of applicable parking
requirements.
One ('l) school student work station Twenty (20) square feet of floor area
One (1) seat within a Pew or other
bench seating arrangement
Twenty (20) linear inches
Sec. 255-50. Off-street parking required; on-street parking credit'
(A) Accessory off-street parkirig spaces shall be provided for all uses of land, building and
(B)
(c)
structure in accordance with this section.
Handicap-accessible parking shall be provided in the quantity and location required in
subsection 11-4.1.2 of the building code.
On-street parking. WherevJr the city commission constructs or authorizes the
constructioh of on-street parking spaces adjacent to a lot, the on-street spaces shall
count toward the off-street parking requirement for said lot. An on-street parking space
that overlaps the street frontage of two lots shall count toward the required off-street
City of Dania Beach 92 Draft: August 2010
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Article 265 Land Development Code
parking for a lot if at least fifty (50) percent of the parking space is situated along the
street frontage of the lot. Whenever an on-street space is split evenly among the street
frontage of two lots, the space shall count toward the off-street parking requirement of
both lots. The on-street parking space shall be for public use and shall be not be
reserved for private use unless otherwise approved by the city commission.
(D) Abbreviations used in the off-street parking requirement table
CSA = customer service area
Pkg = parking
Requ. = requirement, required
l/B = inbound
O/B = outbound
1 Bed and Breakfast-Two (2) per establishment
do
D
Plus one uest room1er
Two (2) per establishment plus
Bo D
et uest roomht-tenths 0.8 I
2 Duplexes r d.uTwo2 One and one-half (1.5) per d.uHotels and Motels One (1) per guest room
Plus '10 spaces per 1 ,000 sf of floor
area devoted to ballrooms, meeting
rooms, restaurants, lounges, shops
and other accessory uses
Eight-tenths (0.8) per guest room
plus 5 spaces per 1,000 sf of
floor area for ballrooms,
restaurants, lounges and shops;
0.25 per seat for
banqueumeeting rooms
4 Mobile Homes Two (2) per d u
5 Multi-family Dwelling- Efficiency/Studio- One bedroom- Two or more
bedroom
One (1) per d.u.
One & one-half (1.5) per d.u
Two (2) per d.u.
Development with more than 1O units,
then 1 per 5 units (marked guest
parking)
Development with more than 10
units, then 1 per 5 units (marked
guest parking)
Minimum Off-Street Parking Requircment
All Districts CRA Form-Based Districts
Use
I
City of Dania Beach 93 Draft: August 2010
Schedule of minimum off-street parking requirements
One (1) per d. u.
One & one-quarter ('1.25) per d.u.
One & three-quarters (1.75) per
d. u.
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Article 265 Land Development Code
Two (2) per d.u with 2,000 sf or less
1 space per 500 sf above first 2,000
sf;, however, an addition of 500 sf or
less with no bedroom shall not require
any additional spaces. Total required
spaces not to exceed 5.
-ln the PRD-1 District, lots less than
sixty (60) feet wide or fronting curb and
gutter streets shall provide one ('1)
guest space per four (4) dwelling units
to be conveniently distributed
throu hout the commun
Single Family Dwelling6
One (1) per three hundred (300) sf7Animal hospital, kennel
One (1) per one hundred ('100) sf of8Bus or other mass transit
station
One (1) per sixty (60) sf of class-room
instruction area.
o College, specialty school
One (1) per one hundred fifty (150) sf
or five (5) total (greater of)
Stacking spaces may be substituted
for pkg spaces up to ten (10) spaces or
twenty-five percent (25%) of the pkg
10 Day care, preschool
bne (1) per three hundred (300)
sf
One (1) per two hundred and fifty (250)
sf
Government offices11
One ('1 ) per four (4) seats, plus one (1)
per 1 ,000 sf of all assemblY areas
Pkg for accessory uses and multiPle
assembly areas shall be calculated
independently, and maY utilize the
visions of sec. 265-90
Places of public assemblY12
One (1) per fourteen (14) students of
desi nca acit
13 Primary academic school
Four (4) plus One (1) Per four
hundred (400) sfTen (10) plus One (1) Perfour hundred
(400) sf
Public library, museum,
art gallery, or communitY
center
14
OrE#f (0.5) per sleeping room
or per two (2) residents (greater ofl
Based u on max rmitted occu
Residential care facilitY15
One (1 ) per nine (9) students of design
ca acit
16
Minimum Off-Street Parking Requirement
All Districts CRA Form-Based DistrictsUse
City of Dania Beach 94 Draft: August 2010
Facilities
waitinq room area
requ. (lesser o0
shared pkg
Secondary academic
school for qrades 7-9
Part 2
Article 265 Land Development Code
17
18
(c) c
Secondary school
Adult Entertainment
One (1) per three (3) students of
One (1) per Two hundred and fifty
(250) sf of CSA
desi nca acit
10 Banks. financial
institutions, credit unions,
check cashing stores Six (6) l/B and one (1)O/B stacking
spaces are required per drive{hrough
window
One (1) per three hundred (300)
Sf
Six (6) l/B and one (1)O/B
stacking spaces are required per
drive{hrough window
20 Beauty and barber shops One (1) per two hundred (200) sf One ('l) per two hundred and fifty
(250) sf
21
stora
Boat or marine vehicle One (1) per ten (10) marine storage
1)Boat sales, service,
manufacturin
One (1) per flve hundred (500) sf
ZJ Bowling alley Four (4) per lane
24 Broadcasting studio, radio
or television station
One ('l) per four hundred (400) sf
25 Car wash, accessory use nla
Three (3) UB, one (1) O/B stacking
S u iredacesr car wash ba are
26 Car wash, principal use Five (5) plus one-and-one-half (1 .5)
per vehicle position designated for
hand washing, detailing, or vehicle
cleaning
27 Catering facility*One (1 ) per five hundred (500) sf
* for off-site consum
28 One ('1) per five hundred (500) sf
29 Convenience store One ('1) per two hundred fifty (250) sf One (1) per three hundred (300)
sf
30 Copy/printing shop One (1)pertwo hundred (250)sf One ('l) per three hundred (300)
Sf
31 Dry stack marina Orendf (1/2) per boat storage space
Equipment and machinery
sales, rental, service
One (1) per four hundred (400) sf
JJ Fortune tellers, tattoo
parlor
One (1) per two hundred (200) sf or
five (5) total, greater of
One ('l) per two hundred and
seventy five (275) sf
Use
Gity of Dania Beach 95 Draft: August 2010
Minimum Off-Street Parking Requirement
All Districts CRA Form-Based Districts
One (1) per two hundred fifty (250) sf
spaces
Twelve (12) l/B & six (6) O/B stacking
spaces for automated car wash bays
are required, regardless of the number
of bays
Contractor and trade
shops
Part 2
Article 265 Land Development Code
o
rl B
o
D
One (1) per five hundred (500) sf34Furniture, large appliance,
or decorator showroom
One (1) per two hundred (200) sf of
principal enclosed retail and display
lus
Garden shop,
greenhouse, nursery,
outdoor display
plus One (1)per five hundred (500) sf
up to twenty-five hundred (2,500) sf of
outdoor use, then one (1) for each
additional one thousand 1,000 sf
One ( 1) per three hundred (300)
sf
One (1) per two hundred (200) sf plus
Plus One (1) per two hundred and fifty
(250) sf devoted to indoor or outdoor
S rts courts
bne (1) per thirty (30) sf of CSA3tlndoor amusement center
or arcade
One (1) per two hundred fiftY
(250) sfOne (1) per one hundred fiftY (150) sf
or three reater3machines
38 Laundromat
Ore(1) per boat berthIril a rin a
One (1) per two hundred and fiftY
(250) sf
One (1) per two hundred (200)sfMedical office
Three (3) plus Two (2) Per hole an
driving, hitting or shooting position
dMiniature golf, golf driving
range, archery range, gun
ran e, battin ca
41
One (1) pe r three hundred (300) sfMotion picture studio42
One (t ) per two hundred (200) sf
devoted to automotive use
Required pkg for additional uses shall
be calculated se ratel
43 Motor fuel pumps (retail)
One (1) per four hundred and fiftY
(400) sf if located within 800 feet
of a public parking facilitY;
otherwise, One (1) Per three
hundred (300) sf
One (1) per three hundred (300) sf44Office, business and
professional
One (1) per four (4) Persons
capacity on each ride or exhibit
of
includin waitin a(ea
Outdoor commercial
recreation facilitY (other)
45
Plus One (1) per four (4) seats in the
viewing or spectator area
US
Plus Fifteen (15) Per net acre
designated for outdoor recreation, plus
of land
one 1 ace for each
Five (5 per stand46Outdoor stands
Minimum Off-Street Parking Requirement
All Districts GRA Form-Based Distr,ctsUse
City of Dania Beach 96 Draft: August 2010
I
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40
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Article 265 Land Development Code
47 Personal service
establrshments, retail dry
cleaner
One ('1 ) per two hundred fifty (250) sf One (1) per three hundred (300)
Sf
48 Public utility or service
facility
One (1) per one hundred (100) sf of
CSA or
One (1) per two hundred (200) sf
of CSA or
Or One (1) per five hundred (500) sf of
office and warehouse
Or One (1) per six hundred (600)
sf of office and warehouse
One (1) per fifty (50) sf of CSA
plus
Eight (8) l/B stacking spaces and two
(2) O/B stacking spaces for any drive-
through window are required
One (1) per sixty (60) sf of CSA
plus
Eight (8) l/B stacking spaces and
two (2) O/B stacking spaces for
any drivethrough window are
uired
Plus One (1) per two hundred (200) sf
of remaining GFA and outdoor seating
area
Plus One (1) per three hundred
(300) sf of remaining GFA and
outdoor seati atea
50 Restaurant, take-out one (1 )peI Seve nty-fiVE (75)Sf of cSA
Restaurants, full service,
nightclubs, bars, and
other eating places
One (1) per forty (40) sf of CSA
including open air seating area
One (1) per sixty (60) sf of CSA
including open air seating area
One (1) per thirty (30) sf of CSA if tive
entertainment is provided
No additional parking required for
live entertainmentRetail & shopping centers
under 40,000 sf of GFA
One (1) per three hundred (300) sf
Uses with greater pkg requirement
than retail shall be calculated
separately
Shopping center 40,000 sf
of GFA or larger
one (1) per two hundred fifty (250) sf
lncludes up to ten percent ('10%) of sf
for uses with greater pkg requirement
than retail. Additional sf above 1O%
for such uses shall be calculated
separatel v
one (1) per three hundred (300)
sf
54 Specialized printer,
reproductton shop
One (1) per three hundred (300) sf
For specialized graphics editing,
"blueprint" reproduction or both
Sport courts as a principal
use
Two (2) per court
5t)Vehicle display, sales,
rental, leasing
One (1) per two hundred (200) sf
plus
PIus One ('l) per two thousand (2,OOO)
sf of outdoor vehicle display or storage
afea
City of Dania Beach 97 Draft: August 2010
49 | Restaurant, fast food,
I drive-in or drive through
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All Districts CRA Form-Based DistrictsUse
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Article 265 Land Development Code
L,/
D
Three (3) per vehicle position inside
One (1) per seven hundred (700) sf
the re ir ba S
5t
58
Vehicle repair or body
Distribution terminal
sho establishment
One (1 ) per five hundred (500) sf
Pkg for accessory office, warehouse &
showroom areas shall be calculated
SC ratel
59 lndustrial, manufacturing,
labs, and research uses
One (1) per two thousand (2,000) sfSelf-storage, or
warehouse
60
One (1)per five hundred (500) sfService or repair, general
One (1) per four hundred (400)
to office or warehouse'accessory
sfShowroom, wholesale to
trades*
1 sf00ohSunda0neot1I)neo (()peStorage, or warehouse63
One (1) plus per fifteen hundred
1,500 sf
Storage, long-term
One (1) plus three hundred (
*for music, dance.art etc
300) sf65Studio.
0 fSUhrendd401toufrOn)(()peTaxidermist66
Seven-tenths (0.7) Per sliP
Parking requirement for other uses
operated in conjunction with the
primary use shall be calculated
ratelSC
67 Yacht club, charter boat,
sightseeing boat,
excursion boat or
gambling boat
Plus One (1) per two (2) Persons
allowed within max. boat occU
Minimum Off€feet Parking Requirement
All Districb CRA Form-Based Districts
Sec. 265-51. Minimum off-street bicycle parking requirements'
(A)TheCity,sminimumbicyc|eparkingrequirementsfortheVariouslandusesare
summarized below
5YoResidential uses
100kCommercial Uses
10o/oOffice Uses
10o/olndustrial Uses
25%Recreational/CommunitY Facil ities
Bike Spaces as
% of required
automobile
spaces
Uses
City of Dania Beach 98 Draft: August 2010
Use
lndustrial Uses
Pkg requ. for associated uses
including the management office shall
be calculated separately
ot
64
Minimum Long-
Term Parking
Spaces
Part 2
Article 265 Land Development Code
Educational Facilities 51Yo
Other Uses 10o/o
Train Stations/park & ride lots 20o/o 50o/o
Sec. 265-60. Alternate parking standards.(A) The genesis of this section is the city's recognition that the minimum parking requirements
of this article, in certain circumstances, may result in excess provision of parking. Excess
parking supply results in the inefficient use of land at the expense of additional landscapedarea, civic space, or building area and subsequent tax revenue and employment.Requests under this section shall be based strictly upon the criteria of this section, andshall not be based upon hardship, which is the purview of the variance process, nor
inconvenience or cost.(B) An applicant for a development order or permit may propose an alternate parking standardbased upon a parking study or other data that justifies an alternative standard, and basedupon best professional practices, taking into account the availability level of transit service,proximity to multi-modal transportation facilities and other best practices as recommended
in the Dania Beach Parking study; Recommended pa*ing strategles and Best practices
prepared by Kimley-Horn and Associates, lnc., which is on file in the office of theCommunity Redevelopment Agency.(C) Acceptable documentatton includes applicable studies, demonstration of the successfuluse of the standard by similar development projects, or unique characteristics of theproposed use, whlch may include its location, operation or other characteristics thatwarrant a lower parking requirement.(D) city commissron review and approval shall be governed by the site plan approval process.
Sec. 265-70. Use of off-street parking facilities.(A) Designated parking spaces and associated vehicular use areas shall be used forvehicular parking onry. No sares, rentar, storage, repair, servicing of vehicres, equipmentor materials, dismantling, or other actrvities shall be conducted or located in such areas.
(B) common use spaces shal be unrestricted use parking, avairabre for use by any unitowner or guest. common use spaces shall not be reserved, assigned, sold oi leased inconnection with any dwelling unit.
Sec. 265-80. Off-site parking facilities.(A) All required parking spaces for nonresidential uses that are not provided on the same lotas the use(s) requiring such parking shall comply with the following criteria:(1) Th9 off-site parking area shall be located within fourteen huirdred (1,400) feet of thelot for which the parking is required in the cc, EDBB and SFED-MU distrrcts, andwithin five hundred (500) feet of the lot for which the parking is required in all otherdistricts, measured as the shortest distance as travered by a pedestrian. Appropriatedirectionar signage shal be_ provided to advise patrons oi the off-site parking and toreserve the off-site parking for the building or use it serves.(2) Perimeter randscaping shafl be provided pursuant to the requirements of sec. 275-'l 10.(B) The off-street parking facilities on a lot may be utilized to meet all or part of the requiredoff-street parking requirements for another lot with a nonresidential use, if the uses of thetwo or. more lots operate during distinct and separate time periods with no overrap.Examples include a schoor that does not operaie on weekends or rerigious horidays
City of Dania Beach 99 Draft: August 2010
Paft 2
Article 265
(c)
(E) Mixed use development shared parking schedule
Land Development code
sharing its parking facility with a place of worship that only operates on weekends and
religious holidays, and a nightclub utilizing the parking facility of an office building.
When required parking spaces are not located on the same lot with the building or use
served, or when the parking spaces are collectively or jointly provided and used, a written
agreement shall be executed by the parties concerned, approved as to form by the city
attorney, and filed with the application for a building permit along with proof of proper
recordation in the Public Records of Broward County. The shared parking agreement shall
provide for:(1) Cross access, ingress and egress, and reservation for the off-street parking use of
the two or more properties for the duration of the agreement This may be
accomplished through unity of title if the parking facility is under common ownership
with the off-site use.
Maintenance responsibility
The permissible hours of operation of each use under the agreement
Enforcement. The agreement shall run to the benefit of the city and shall be binding
upon the parties' hLirs, successors and assigns. The agreement shall require
cessation of the use(s) that are subject to the agreement in the event of violation
unless one of the preconditions for termination of the agreement, below, is satisfied.
The agreement may be terminated only upon the written consent of the city manager
which may be granted if each use on its own satisfies the off-street parking
requirements ind-ependent of the agreement, there is a change of use or intensity
such that off-site parking is no longer necessitated, or an alternative parking facility is
secured via a replacement agreement.
Sec. 265-90. Parking reductions for mixed use development'
(A) When a building or combination of buildings on a lot is used for multiple types of uses, the
total number oirequired parking spaces shall be determined by using the shared parking
metnodotogies established by the latest edition of the Urban Land lnstitute Shared Parkrng
manual in order to providL the flexibility of proportioning the base. parking rates
established for each individual use under sec. 265-50. An alternate parking standard as
defined in sec. 265-60 may also be utilized in determining base parking rates for individual
uses for a shared parking analysis conducted using any of the methodologies provided for
in this section.(c) ln lieu of lhe shared patuing methodology, a developer may utilize the following schedule,
although it may not provide-the full parkhg reduction that the Shared Parkrrg methodology
provides.
(D) 'How to use the mixed use development shared parking schedule. Multiply the.required
parking spaces for each individuai use by the appropriate percentage listed in the table
betow-toi each of the designated time periods. Add the resulting minimum required
spaces in each of the five (5) vertical columns for table below. The minimum total parking
requirement is the highest sum of the vertical columns'
City of Dania Beach "t00 Draft: August 2010
(2)
(4)
(5)
Patt 2
Article 265 Land Development Code
Residential 100o/o 60o/o 80%90o/o
Office 5o/o 100o/o 5o/o
Commercial/Retail
5o/o 7 0o/o 700k 100%7 0o/o
lOOo/o 7 Oo/o 100Yo 80%100o/o
Restaurant 10o/o 100Vo 7 0o/o 10Oo/o
Playhouse/
Nightclub/
Bar
20o/o 5Oo/o *80Yo *100%
Other 100o/o 100o/o l OOo/o 1O0o/o 100%
- 10% if not open between 6:00 am and 6:00 pm
(E) For mixed residential and nonresidential developments utilizing the shared parkingschedule or shared Pa*ing methodology. a minimum of one (1) parking space shall bereserved for each residential unit. These spaces shall be included in the-,'oihet, categoryand applied as one hundred (100) percent utilization. All other spaces (incluaing
unreserved residential spaces) shall be available to all customers, residents, and guests ofthe development without restriction.(F) To be eligible for inclusion in the supply of shared parking, the parking spaces must bewithin one-quarter mile (1,320 feet) of the access entryway of any buildirig that it is servingand the paths between the spaces and the uses they are sei/ing shourd beunencumbered by physical obstructions or impediments(G) The approved site plan for the mixed-use development shall specify the mix of uses bynonresidential floor area, seating capacity and dwelling units, as applicable. Any changein the mixture or intensaty of uses shall require site plan modification
section 265-91. Parking reductions for transportation demand management strategyimplementation within the CRA form_based districts lCC, EDBB_M-U,SFED-MU, GTWY.MU, NBHD.MU, NBHD.RES).(A) All new development or redevelopment within the cRA form-based districts (cc, EDBB-MU, SFED-MU, GTWY-MU, NBHD-MU, NBHD-RES) mav appry ror pa*rrij ieductionthrough the imprementation of transportation demand minagement (TDM;-str"t"gie".
Parking reductions for TDM strategy imprementation shal not be ,or" tn"n 1o percentof the total required parking for aI uses within the deveropment. This reduction may beused in conjunction with.other parking reduction provisions such as shared parking andaffordable housing incentives.
City of Dania Beach 101 Draft: August 2010
Weekday Weekend
Use
Night
Midnight
to
6 a.m.
Day
9 a.m. to
6 p.m.
Evening
6 p.m. to
Midnight
Day
9 a.m. to
6 p.m.
Evening
6 p.m. to
Midnight
Hotel, Hotel-
Condo
Extended Stay
Hotel
70%
100%
a*t ,o%
I ur"
Paft2
Article 265
(B)
(c)
(D)
(E)
Land Development Code
The following transportation demand strategies may be utilized to achieve a parking
reduction:(1) Reserved priority employee parking for qualifying multiple occupant vehicles with
comm itted employee carpool/rideshare participation
Parking areas for vanpool vehicles with committed employee participation2
3
4
Sheltered, secured bicycle storage facilities
Employee shower/changing facilities
On-site availability of public transit tickets for one or more of the existing public
transit providers or public transit subsidies for employees(6) Make commuter van service available to all employees; the van service may be a
shared vehicle among a group of businesses(7) Demonstration of the total number of employees "telecommuting"; telecommuting
shall be the performance of a minimum of twenty (20) percent of the employee's
business activities occurring off-site without commuting to the property
(8) Demonstration of a bus shelter or transiubus pickup facility within three hundred
(300) feet of the property on which the development is located
(9) Designation of an individual to act as the development's TDM coordinator with a
commitment of regular communication and dissemination of TDM information
('lO) Provision of parking "cash-out" option for employees; this option consists of
providing employee- with the option of a "free" parking space or.the cash
equivale-nt in exchange for commuting to work via carpool, vanpool, transit, or other
means.
Applicants requesting parking reductions through the implementation of TDM strategies
shall provide details-of the TDM strategies which are being proposed along with the
respective parking reduction for each strategy. The information shall detail the cost,
schedule, monitoiing plan, identify a TDM coordinator who shall be responsible for the
TDM program anO otner specifica of the respective strategy, as requested by the city.
The com-munity development director will make the final determination regarding the
parkingreductionbasedupontheproposedTDMstrategiesandtheinformation
provided.
Ea"n der"topment authorized parking reductions upon approval of a TDM program shall
submit an annual report to the community development director or the cRA dtrector, as
ippricaOre, detailing compliance with the TDM strategies which are accepted by the city.
iil report shall bidue by April 1 of each year. ln the event that the implementation of
the TD'lvl program involvei persons employed by a company other than the owner of the
Jerelop."nt-o, existing development, the annual report shall also include information
compil;d by the pro[erty owner regarding each such employer identifying the
participation of employees'with the respective TDM strategies. within thirty (30) days
iottowing the receipt of the annual report, the city will issue a finding determining
comptia-nce with the TDM program strategy. lf the development fails to meet the
requirements detailed in its accepted TDM program strategy, the owner,
-
developer' or
agent shall undertake remedial action, or institute an alternative TDM strategy, as
"iprou"o by the city, which achieves an equal or greater parking reduction as compared
tne originai ,pproued strategy. The remedial action or alternative strategy must be
impfem"enteO within ninety lgdi Oays of the alternative strategy approval. lf an alternative
TtiM strategy is not actepted by the city and implemented, the city may require a
payment_in-ieu of parking or require the provision of additional parking either on-site or
off-site.
ihe following words and phrases shall, for the purposes of this section, have the
following meanings.
City of Dania Beach 102 Oraft: August 2010
Parl2
Article 265 Land Development Code
(1)
(2)
(3)
(4\
(5)
(6)
(7)
(8)
(12)
(13)
(14)
(e)
(10)
(11)
Transpofiation demand management (TDM) program means a program that
consists of strategies or pro1ects that are aimed at achieving efficient use of the
transportation system and reducing peak hour single occupancy automobile trips.
Carpool means two or more persons traveling together on a continued and
prearranged common ownership, common phasing, common plan or lease basis in
a private motor vehicle for the purposes of commuting to and from a place or
places of employment.
Compressed work week means a limitation by an employer on the number of days
worked during the week by increasing the hours worked each day. An example
would be a 4O-hour workweek that consists of four 10-hour workdays.
Flexible work schedule means a work schedule that allows the person to avoidpeak hour travel periods, either morning or evening to reduce peak hour
automobile trips.
Preferential parking means parking spaces provided for carpool or vanpoolparticipants. These spaces are located nearest the entrance to the associated
buildings as an incentive for participation.
TDM coordinator means a person that coordinates the employer,s TDM activities
and assists the employees with commuter benefits, programs, and services.
Ride matching means the process of identifying interested drivers and interestedriders with other drivers and riders of similar interests, employment origins and
destinations for purposes of sharing rides by car pooling, van pooling or o ier.Ride sharing means the transportation of persons in a motor vehicle where suchtransportation is incidental to another purpose of the driver. The term shall include
ride-sharing arrangements known as car pools, van pools, and bus pools.
shared shuttle means a vehicle that is owned by a group of businesses and usedto transport employees from transit stop locations to places of employment.shuft/e means a privately or publicly owned vehicle used to transport employeesfrom transit stop locations to places of employment.
Telecommuting means the use of communication devices such as facsimile,
modem, computer, or other machine to perform a minimum of 20 percent of anemployee's business activities at the employee's home or employee,s satellitelocation without commuting to a principal place of employment.
rransll means bus, shuttle, rail or any other form of public transportation providedby Broward County, South Florida Regional Transportatron Agency or any otherlocal or regional entity.
Transit subsidies means the provision of reimbursement or payment of transit fare(for example, tickets, tokens, or passes) to business occupants of a building toencourage use of public transit.
vanpool means a van or a simirar vehicre provided for three or more persons totravel together on a prearranged and continuing basis for commuting.
Sec. 265-92. Payment in-lieu of providing off-street parking(A) Where the community development director determines ihat there is inadequate area on-the-site of a new or existing development to construct all of the code-required off-streetparking the owner of a property may request a waiver of a portion of the required off-street parking spaces through payment of a fee-in-lieu of providing required parking on-site, or off-site pursuant to sec. 265-g0. The payment-in-Lieu of pirking fees shalliedeposited in the city's designated paymenlin-Lieu of parking Fund ani shall be used topay for the costs of acquiring land for or deveropment of parriing_improvements to off-street or on-street parking areas. Requests to use the paymentiin-Lieu of parking fee foralternative compliance with the off-streel parking requirements shall be submittej to the
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community development director and shall be reviewed by the executive director of the
CRA and the community development director, as applicable. The total number of required
parking spaces that can be provided through contribution ofthe payment-in-lieu of parking
fee may not exceed thirty (30) percent of the amount of off-street parking required by Code
for the site.(B) Fee catculation. The amount of the payment to the Payment-in-Lieu of Parking program
shall be determrned by the average cost to the city for the construction of a parking space
in a parking structure on a program wide basis which shall be determined by the director of
public services in coordination with the community development director. The average cost
shall include actual costs and fees for land acquisition, design and planning, legal,
engineering, actual construction, and permit review and inspection.
('1)- New tonstruction. The in-lieu fee for new construction shall be satisfied by two (2)
equal payments of three thousand, two hundred fifty dollars ($3'250) per parking
space. The first payment shall be made prior to issuance of a building permit for a
principal building or structure on the lot. The second payment shall be made prior to
ihe issuance ofihe first certificate of occupancy for a principal building, or according
to the terms of an ln-Lieu of Parking Fee Agreement with the City executed between
the city and the owner(s) of the subject property. Nothing in this section shall
preclude full payment prior to the issuance of a building permit.
(2) Existing structires. When expansion, alteratron or rehabilitation, or change of use of
an exiiting structure results in an increased parking requirement as determined in
accordance with the Code, the in-lieu fee shall be satisfied by one of the following
methods:
(a)Two(2)equalpaymentsofthreethousand,twohundredfiftydollars($3'250)
perparkingspaceaSsetforthinSubsection265.92(8)(1)ofthissection
(certiticate bt use shall be substituted for Certificate of Occupancy for change
ofbuildingusetriggeringanincreaseinparkingrequirements)'Anannual
payment -in the imouni of five (5) percent of the payment required by
subsection 265-92(8)(1) of this section which shall continue as long as the use
exists. The amouni of such payment may vary from year to year in accordance
with the determination set forth in subsection (E) of this section. The terms and
conditions of the payment plan shall be set forth in an ln-Lieu of Parking Fee
Agreementapp..ouedbythedirectorofcommunitydevelopmentandexecuted
in accordance with subsec. (c) of this section. However, in lieu of continued
annual payments, the ln-Lieu of Parking Fee Agreement shall .provide that a
one-timeredemptionpaymentmaybemadeatanytimeforthefullamount
whichremains.unpaidundertheAgreementpursuanttosubsection265-
92(B)(1)ofthissection;suchamountshallbebaseduponthelatest
determination made pursuant to subsection (E) of this section as of the time of
the redemPtion PaYment.(c) tnlieu of parking fee agieement. Applicants_ which desire to comply with off-street
parking requirem-ents by'contributing an in-lieu fee, but will not pay the entire in-lieu fee
due prior to issuance ot tne Certltlcate of Occupancy for the principal building (for new
consiruction or expansion) or Certificate Of Use (for change of building use triggering an
increaseinparkingrequirements)'mustenterintoanln.LieuofParkingFeeAgreement
with the city. trre executed agreement shall be Iecorded with the Public Records office of
Broward County, Florida prioito the issuance of the Certificate of Occupancy or Certificate
of Use, as a[plicable. The obligations imposed by such an ln-Lieu of Parking Fee
AgreementShallconstitutearestrictivecovenantuponaproperty,andshallbind
s,ic"essor", heirs and assigns in favor of the city. The restrictive- covenant. shall be
released by the city only uf,on full payment of the in-lieu parking fees due. ln-Lieu of
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Article 265 Land Development Code
(D)
(E)
(F)
(G)
(H)
(r)
Parking Fee Agreements shall only be made between the city and the owne(s) of the
subject property.
Fee collection for annual payment plan. fhe first fee payment shall be paid prior to the
issuance of a building permit for vertical construction of a principal building or structure on
the lot. lf no building permit is needed, the first payment shall be due at the time the
Certificate Of Use, or Certificate Of Occupancy (if required) is issued. The secondpayment shall be due June 'lst following the issuance of the Certificate Of Use or
Certificate of Occupancy, whichever is earlier, in accordance with the terms of the
applicable ln-Lieu of Parking Fee Agreement. subsequent annual payments shall be paid
in full by June 1st as long as the use exists. The finance department shall administer the
collectron of this fee.
Administration.(1) Late payments. Monthly interest shall accrue on unpaid funds due to the crty underthe Paymenlin-Lieu of Parking Program at the maximum rate permitted -by
law.Additionally, a fee in the amount of two (2) percent of the total due shall be imposedmonthly to cover the city's costs in administering collection procedures.(2) Failure to pay. Any participant in this program who has failed to pay the required feewithin three (3) months of the date on which it is due shall be regarded as havingwithdrawn from the program and shall be required to provide all parking spacesrequired by this section or cease the use for which said spaces were iequired.Failure to comply shall subject said participant to enforcement procedures by the cityand may result in fines of up to two hundred fifty dollars ($250) per day and'liens asprovided by law, initiation of code enforcement proceedings and revocation of theCertificate of Use or Certificate of Occupancy.
Annual evaluation. The amount determined to be the city's total average cost for landacquisition and construction of one parking space shall be evaluated annually by thecommunity development director based upon the construction cost lndex (c'cli or theconsumer Price lndex (cPl). lf determined necessary, the fee structure shall be amendedby resolution of the city commission.
Deposit of paymenrin-lieu program funds. Funds generated through the in-rieu feeprogram shall be deposited in the payment-in-Lieu of parking Fund, which may consist ofone or more city accounts specifically established to provide parking and relatedtransportation improvements within the payment-in-Lieu Districts. T-he community
development director and the executive director of the cRA shall maintain a ma j whichincludes a listjng of the payment-in-lieu districts and accounts.use of paym-enlin-lieu program funds. The fee collected in the payment-in-Lieu Fund shallbe used to-fund the following activities which support the provision of parking structuresand facilities:(1) Acquire, construct or develop off-street and on-street parking and related facalities;(2) Fund the capitar costs associated with new, upgraded or exlanded or-street faiiingarea serving land uses within the priority parking districts.(3) Acquisition of land for present and future garage construction or interim parkinguses, or(4) Reimburse capitar costs or advances, or rerated financing costs, for spaces inexisting facilities or to be constructed which are designateid or set aside for theProgram.
Priority districts. The funds will be prioritrzed within the following districts as illustrated inFigure 265-1 :
. Downtown District. Dania Beach Boulevard East District
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Griffin Road East District
Griffin Road West District
Stirling Road District
Figure 265-1: Priority Parking Districts within City of Dania Beach
@'City of Dania Beach
Parking Priority Districts 7
-fl
/,t | 1^L-I7 t r,;
(t)Joint venture Agreements. An applicant may assure the provision of the required number
of farking spacis within a facitity developed through a joint venture agreement with the
"itv or "
"priurt" entity if the number of parking spaces needed to fulfill the applicant's
p"it ing requir"menti is specifically reserved for use solely by the applicant. - An
agreeient addressing joini ventures to provide parking facilities snalt !9-. in a form
af,proved by the city attorney. Agreements relating to city-owned parking facilities shall be
,ibror"A Oy tne city commissio;, and agreements relating to reservation of parking in
pnvately-owneo facitities shall be in accordance with sec. 265-80. All agreements
[ri.r""t to this section shall be recorded in the public records of Broward County, Florida
and shall run with the subject property in perpetuity'
Sec. 255-100. Design standards for residential parking spaces utilizing individual
driveways or back-out Parking.tnl Driieways and carports tliat meet the dimensional requirements of this provision may be
countedasoff.streetparkingspacesfordetachedsingle.familyhomes,duplexesand
townhome units regardless of the need to move one (1) automobile in order to afford
ingress and egress for another automobile
(B) Ni parfing space shatl be designed to permit back-out parking directly onto a public right
oiway or-private street, other ihan a dedicated alley, except for single{amily, two-family
andtownhousedwellingswithanindividualdrivewayforeachunit'asfollows:
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a
I
T-
)L
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Article 265 Land Development Code
(1) The back-out parking is on a roadway not classified as an arterial or collector
roadway, as defined in the comprehensive plan;(2) A minimum (5) fiveJoot wide sidewalk is installed parallel to the street where the
back-out parking is located. The sidewalk requirement may be wider than minimum if
necessary for consistency with sidewalk improvements on adjacent properties, city
capital improvement or redevelopment plans, special design standards establishedfor a particular zoning district or part of such zoning district, or to meet engineering
standards;(3) The back-out parking spaces must meet geometric, drainage and site clearancestandards and such other standards determined to be necessary to provideadequate and safe parking as determined by the community development director;and(4) Within the CRA form-based districts, the establishment of new front yard parking isprohibited, except as provided in sec. 303.70.(c) All off-street parking spaces- shall be of smooth paved surface and in good repair incompliance with city codes. Where an off-street parking space is surfaced riith gravel, theowner of such off-street parking spaces shall maintain the public right-of-way"free fromloose gravel. Sec. 265-170, nonconforming parking facilities, establishes contitions tnatrequire unpaved off-street parking facilities to be paved.
S€c. 265-110. Design and construction standards for parking lots.(A) lndividual parking spaces shall not have direct access to J street, except as permitted insec. 265-100, "Design standards for residential parking spaces utilizing individualdriveways or back-out parking,,.(B) Construction and design standards not addressed in this article must conform to A poticyo! Gegrgtric Design of Highways and streets, pubrished by the American Association ofState Highway and rransportation officiars ('AASHTO Geornetric iigh;v o;;n"t o.. "Manual of uniform Traffic controt Devices, pubrished by the ti.s. bepa-rt"ment otTransportation, Federar Highway Administration, as deteimineo oy tne -community
Development Director.(C) Parking aisles.(1) Parking aisles shall be of adequate width to serve a particular design arrangement ofparking spaces in accordance with the foflowing tabre, and sha[ arJo comply with theminimum dimensions of the subsections following the table. Dimensiiris are forone (1) lane, one-way direction movement excepifor 90 degree parfnj, wnlcn maybe two-way direction movement.
Aisle Width (in feet)
to
16
19
20
).7
24
24(2)
(3)
Two-way directional and two^ (2) rane, one-way directionar movement require aminimum aisle of twenty-four (24) feet regardless of parklng angle.lf a parking aisle requires access for emergency vehicresl garbage trucks or trucks
Ty::Xl" or from a toading area, that parking aiste shail Oe at leait twenty+our 1Z+;IeeI wtde.
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Parking Angles (degrees)
45
50
60
75
80
90
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Article 265 Land Development Code
(4)
(5)
(6)
(7)
Parking stalls abutting the same continuous parking aisle shall have the same angle
and orientation. Parking aisles less than twenty-four (24) feel wide and aisles
abutting parking stalls with angles of less than ninety (90) degrees, shall be one-way
only. Parking stall angles and parking aisle direction of flow may change only when
the parking aisle is interrupted by a circulation drive, structure, or landscape median
or similar feature.
All required parking stalls shall have direct and unobstructed access from a parking
aisle.
When a row of parking stalls is immediately ad1acent to a driveway, a minimum
stacking area of twenty-five (25) feet is required between the property line and the
entrance to the first stall.
Dead-end parking aisles are prohibited, except where a double-loaded dead-end
aisle serves fewer than twenty-one (2'1) parking spaces and a turnaround area is
provided that will accommodate a three (3) point turnaround, or where the number of
b"ifing "pr""r in the doubleloaded dead-end aisle is ten (10) or fewer (AASHTO
"P" Design Vehicle).
(D) Circulation.(1) Vehicular circulation. A parking lot abutting a collector or arterial roadway shall be
designed for full on-site circulaiion. A parking lot abutting any other street or alley
maybedesignedforpartialcirculation,ParkingiacilitydesignShallprovidefora
ctearty oeiined vehicular circulation system, which allows free movement within the
proposedSitewhilediscouragingexcessivespeed,andallowsefficientandorderly
circulation that minimizes congestion(2) pedestrian and vehicular ciriulation systems shall be adequately separated for
pedestrian safetY.(3) For nonresidential and mixed-use development on collector and arterial roadways'
driveways,accesswaysandaccessaislesshallbeinterconnectedWithexisting
driveways,".""".*"y.,andaccessaislesinparkingareasonabuttingdeveloped
properties,andacross-accesseasementshallbeprovidedforthispurpose.Where
abutting propertiei are developed in such a manner that such interconnection is
physically impossible, or where such connection would compromise safe and
aalrqrat6 circulation or cause an existing property to become nonconforming due to
loss of parking or landscaped area, no connection shall be required'
(E) Standard paving/c6mposition. Except as provided.in subsections (F) and (G), off-street
parking facilitiei "nd spa"es, including aisles and driveways' shall at a- minimum be
surfaced with at teast ole tf ) incn thic[ asphaltic cement on at least six (6) inch natural
compactedlimerockbasecoursecompactedtoanaveragedensitynotless,thanninety-
",gn[
p"r""nt (98%) of the maximum density obtainable under the test provided pursuant
t,oingineering' standard (AASHTO T-180) oi an eq.uivalent test. The minimum density that
wi|lbeacceptableatany.locationwithinthebaseshallbeninety.Sixpercent(96%)ofsuch
maximum density and, h the determination of average density' the m^aximum. density that
ShallbeusedinthecalculationShallbeonehundredtlvopercent(102%),Allpavement
systems shall be maintained in a smooth' well-graded condition'
(F) Pavers and alternate paving systems'(1) Brick or interro"ring "p"uers may be utilized as parking and driveway. facilities for
residential-office alltri"t UritOing", and for driveways and parking facilities serving
individual single-family, duplex' triplex' and townhouse dwellings'
(2) The public sJrvices director may approve use of pavers for other development types
if vehicle traffic g;n;ration, ,"hi"l" user types and site characteristics support the
use of Pavers.
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(3) The public services director may approve other equivalent pavement systems that
will support the intended use.(G) Grass parking sufface. The following uses may utilize grass over a compacted subsurface
as a parking and access aisle surface, subject to limitations listed below by use. The
driveway connection to the public righlof-way must be paved. Grass parking surfaces
shall consist of at least a six (6) inch course of natural limerock, surfaced with a species ofgrass acceptable for high-traffic use, over four (4) inches of topsoil. The public services
director may approve other equivalent surfaces. The parking area shall have adequatedrainage as required by this code. All requrrements for landscaping vehicular use areas
shall be met as well as all required interior-landscaping requirements for parking areas. Upto twenty-five (25) percent of the area devoted to grass parking may count towardsatisfying required landscape area, pervious area and open spaie, based upon theporosity of the stabilization method.(1) For the following specified uses up to twenty-five percent (25%) of the required off-street parking facilities may be provided through the utilization of a grass or lawn
alternate parking surface:(a) Places of pub,ic assembly(b) Private clubs(c) Governmental(d) Assisted living facilities, nursing homes(2) Up to seventy-five percent (75%) of the required off-street parking facilities may beprovided through the utilization of a grass or lawn parking surface area for thefollowing uses, based upon the projected frequency and delree of use set forth inthe srte plan apprication. The city may require paving of a[ ori portion of the parkingfacility should the frequency and degree of use projections prove to be inaccurate orshould frequency and type of operations change.(a) Place of worship(b) Funeral home, mortuary, cemetery(c) Stadium or other sports arena(d) Public recreational uses when use of the full parking lot is generally limited tothree (3) days of the week or fewer(e) Fire and police protection facilities(3) The area of a parking space fonvard of the wheer stop or continuous curbing may begrassed, and appried towards the amount of required randscaped area, -pervious
area and open space.(H) Curbing, wheelstops.(1) wheer stops, five and one-half (s %) inches high, shall be installed two (2) feet fromthe head (front) of a parking space.(2) The perimeter of a vehicular use area shall be constructed with a six (6) inch raisedType "D" or "F" curb (non-extruded), which shal arso be instafled 'within interiorvehicular use areas .aburting randscape areas, warkways, sidewarks, streets, andalleys unress determined to be unnecess ary by a finding that given 'the particutarcircumstances of the site, such curb can be eliminateJ in ce'rtain areas withoutcreating safety hazards, damaging prant materiar, dispracing topsoir and mulch, orothe*ise having an undesirabre impact or effect. ' Thi raised curb inrtt u"constructed in such a manner as to faciritate proper drainage and prevent vehicresfrom crossing sidewalks or other pedestrian warkways ot-her than by means ofapproved driveway approach.(3) curbing sharr be an acceptabre substitute for wheerstops at the head (front) of aparking space when the parking space abuts a landscaped area.(l) Striping, Signage and pavement markings.
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(1) All off-street parking areas shall be so arranged and marked as to provide for orderly,
safe loading, unloading, parking and storage of vehicles with individual parking stalls
clearly defined with directional arrows and traffic signs provided as necessary for
trafflc control, including but not limited to, the clear demarcation of one-way traffic
aisles or driveways.(2) Parking space designation. All required off-street parking spaces shall be clearly
delineated by a single four (4) inch wide, white, painted striping wherever a hard-
paved parking surface is required, except that striping shall not be required for:
(a) stacked parking, where permitted within residential driveways(b) brick-pavered parking surfaces, in which case wheel stops or alternating paver
colors shall be substituted for striping in order to clearly delineate parking
sPace boundaries(3) other striping. All other striping, excluding parking stalls, shall be installed with
thermoplastic materials.(4) pavement markings for parking facilities shall be provided in conformance with the
Manual on Uniform Traffic Control Devices, latest edition'
(S) ldentification of parking lots. All off-street parking areas required byihis article shall
be provided with ideniification as to purpose and location in the form of signage
visible to vehicular traffic when such parking areas are not clearly evident from a
street or altey. Signage shall comply with the requirements of article 505, sign
regulations.(J) Drainagl. All off-street parking facilities shall be drained so as not to cause any damage
or nuiince on adjacent privjte or public property, including streets and alleys. Such
drainage facilities shall be arranged for convenient access and safety of pedestrians and
vehicles. on-site stormwater retention shall be provided in accordance with the
requirements of the regulatory authority with jurisdiction over stormwater retention.
Whenever the total paveirent aiea in the swale area frontage on publlc right-of-way is fifty
percent(50%)ormoreofthetotalfrontageonthatpublicright.of-way'afrenchdrain
stormwater system in the swale area shall be constructed. when a licensed engineer can
certtfy the adLquacy of the existing storm drain facilities, the public services director may
waive this requirement.
(K) Storage /ofs 'for vehicles, boats and equipment. All open-air storage lots for vehicles,
boats or trucks shall be surfaced with asphalt or concrete'
(L) Maintenance.
(1)off-streetparkingareasShallbemaintainedinaClean,smoothandorderlycondition,
free of dust, trash and debris, at the expense of the owner or lessee'
(2)EachownerelectingthealternateparkingsurfaceaSprovidedinSubsection(F)shall
maintain said surfaJe in a healthy and viible condition, free of weeds, ruts, trash and
debris.inl Or"inrg" system shall conform to approved grading and depth, with no
obstructions within the sYStem.
Rtl painteO lines, curbs, iigns and markings shall be maintained in a legible' unfaded
and uncracked condition.
Theentireparkingfacility,includinglighting,shallfunctiontotheStandardsunder
(3)
(4)
(5)
which permitted.
(M) Lighting. Lijhting shall be provided and maintained in accordance with article 280, outdoor
lighting standards.
Sec. 265-120. Attendanuvalet parking.
(A) Up to ten (10) percent ot th'e requiieO number of parking spaces.for a use may be provided
as valet pa*ing Oy which aitendants receive, park and deliver the automobile of
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Article 265 Land Development Code
(B)
(c)
(D)
(E)
(F)
(G)
occupants, tenants, customers and visitors, with or without charge. The required minimum
width of each parking space shall be eight and one-half (8 1/2) feet. All spaces need not
be directly accessible provided that for any parking space to be accessible, no more than
two (2) spaces may be crossed into when parking a motor vehicle.
The approved site plan and an agreement between the city and property owner(s) and
approved by the city attorney, shall identify the number and location of parking spaces
reserved for valet parking, and shall require that any use of the property for which valetparking is provided in order to satisfy the required number of parking spaces, shall ceaseimmediately if for any reason the valet service is not provided at all times during the
operation of the uses for which the parking is provided.
The site plan shall delineate the drop-off area, valet podium, signage, and attendant-parking spaces, and provide an adequate number of stacking spaces for the drop-off area
without blocking crosswalks or encroaching within rights-of-way.
The following limitations shall apply to all valet drop-off areas.(1) The loading and unloading of vehicles shall only occur in designed drop-off areas.(2) Vehicles in the drop-off area may not impede the travel of any emergency vehicles at
any time.(3) vehicles in drop-off areas may not block pedestrian crosswalks or accessibility
ramps at any time.
other requtements- The operator must possess a valid city local business tax receipt for avalet service. Each valet must be an employee of the operator and each must possess avalid State of Florida driver license. The operator shall have sufficient valets working at alltlmes to avoid excessive stacking in the valet drop-off area. Excessive stacking shail existwhen vehicles stacked for valet drop-off or pick-up extend into any drive aisle ind impedethe flow of routine traffic.
Revocation of permit. The community development director may revoke a valet parkingpermit if the operator violates any of the requirements of this section.valet parking service permit required.l lt shall be unlawful for any person to offer valetparking service or to designate any off-street parking spaces ror vilet parking unless apermit has been issued pursuanl to this section.
Sec.265-130. Parking in required yards.(A) Residential districts and uses. tn E-1, RS-18ooo, RS-12000, Rs-6ooo, RD-8ooo, R-M,RM-l, and RM-2 districts, parking for residentiar dweflings may be permitted in anyrequired yard on driveways pursuant to section 265-100, and shall be counted as meetingoff-street parking requirements, subject to compliance with the perimeter landscaping._ requirements fior multiple-family developments] in sec. 27S_gO.(B) Nonresidential districts and uses. ln all nonresidential districts for all other permitted orapproved special exception_ uses, parking may be permitted in any required yard and shallbe .counted as meeting off-street parking requirements, subject to compli;nce with theperimeter landscaping requirements in atlicle 275.(C) Ro District. Parking within required yards is permitted subject to landscaping requirementbetween the vehicular use area, and street and lot lines in iec. 275_90.(D) Nothing in this section shall be construed to allow parking on unimproved lots, or within adeveloped lot on any unimproved surface or surface not designed specifically foi off-streetparking, all of which are prohibited.
Sec. 265-140. Structured parking facilities.
Structured parking shall be considered an accessory use to a principal residential, commercialor industrial use, and is permitted as a principal use in certain zoning districts. Consiruction ofstructured parking facilities may be phased, when such phasing is apf,roved by tne city narr<ing
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Article 265 Land Development code
structures are subject to the following provisions that are supplemental to all other code
requirements, provided that the city may approve for use third party professionally accepted
geometric standards.(A) Structured parking in the CRA form-based districts. See article 530 (design standards for
parking structures) and the district regulations of article 303 (CRA form-based district
regulations) for liner building and screening requirements.(B) No column shall be located within three (3) feet of the entrance of a parking space.
(C) The clearance between a parking space and a wall, column or other solid obstruction shall
be a minimum of two and one-half (2.5) feet.
(D) The maximum ramp grades for driveway access to above grade or below grade parking
are twelve (12) percent for ramps not accessing parking spaces, six (6) percent for ramps
accessing ninety (90) degree parking spaces, and five (5) percent ramps accessing angled
parking spaces.(E) The ground floor vertical clearance shall be a minimum fourteen (14) feet when necessary
to accommodate loading, sanitation, service, or emergency vehicle access.
(F) The vertical clearance for all other floors shall be a minimum seven (7) feet, two (2)
inches.(G) Required off-street parking facilities may be located below grade within required yards,
provided that the grade alevation of the yard does not exceed the elevation of any
adjacent sidewalk oi yards on adjacent properties as measured at the property line. There
snatt Oe no visible evidence of an underground use from a public street or sidewalk.
underground parking must provide a minimum setback of five (5) feet on all sides.
(H) Automiatic pai*ing. Nothing in this section is intended to prohibit the installation of a fully
automatic parking facility in which the placement and removal of automobiles are
accomplished whollY bY machinery.(l) Architecturat standards and screening. See article 530'
sec. 265-t 50. Design standards for surface parking lot and parking structure driveways'
On-site driveways thit Oo not directly abut parking spaces shall be provided as follows:
(A) For two_wiy travel: A minimum of twenty (20) feet in width shall be provided.
iei For one-way travel: A minimum of twelve (12) feet in width shall be provided'
iCi Every off-stieet parking facitity shall have either driveway approaches of sufficient width to
allow for two-way traiic, or one-way driveways connected to aisles, parking areas or
maneuvering areas in such a manner as to permit traffic to both enter and leave the
property, faJing forward, at the same time. A driveway which is only wide enough for one-
way traffic shall not be used for two-way access.
(D) foi Uotfr one and two-way driveways, required widths shall be increased lf necessary to
accommodate vehicle types that wiliutilize the driveways, or if the number of parking stalls
connected or the numbli of trips generated justifies such an increase in width
(E) Minimum access width dimensions at the street:(1) Minimum (one-way): Fifteen ('15) feet.
(2) Minimum (two-way): Twenty-five (25) feet.
iei Maximum: Thirty-five (35) feet, unless otherwise required under Subsection (D),
above.
Sec. 265-160. Separation requirements applicable to all driveways'
(A) No part of any driveway ihatt be locatld closer_than eighty (8O) feet from the intersection
of collector oi arterial streets, nor closer than forty-five (45) feet from the intersection of
local streets. when a local street intersects an arterial or collector street, the minimum
requireo separation shall be eight (80) feet measured along the arterial or collector street
line, and forty-five (45) feet along the local street line'
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Article 270 Land Development Code
ARTICLE 270. OFF.STREET LOADING REQUIREMENTS.
Sec. 270-10. Loading space definition; dimensional requirement.
For the purpose of these regulations, a loading space is a space on the same lot of a principal
building, logically and convenrently located for bulk pickups and deliveries. A loading space
shall be six (6) feet in length greater than the largest vehicle expected to be accommodated, but
not smaller than twelve (12) teet in width and twenty-five (25) feet in length, with fourteen (14)
feet of minimum vertical clearance. Within the CRA form-based districts, an on-street loading
space shall count toward the required off-street loading space requirement if the on-street space
is located within three hundred (300) feet of an entrance to an establishment, measured along
the sidewalk route from the loading space to the entrance. On-street and shared off-street
loading spaces within the CRA form-based districts shall have a minimum length of forty (40)
feet.
Sec. 270-20. Off-street loading required.
Except as otherwise provided in this article, when any nonresidential building or structure having
a gross floor area of four thousand (4,000) square feet or more is erected, structurally altered to
the extent of increasing the floor area by fifty (50) percent or more, or converted in use,
accessory off-street loading spaces shall be provided in accordance with the following schedule.
Within the CRA form-based districts, the community development director may waive the off-
street loading area requirements for lots that front streets with on-street loading spaces, or
where off-street loading spaces may be shared with an abutting property.(A) For each commercial building, warehouse, manufacturing or industrial establishment, or
similar use, this has an aggregate floor area in square feet of.
4,000-25,000 sq. ft 1 space
2 spaces
40,001-60,000 sq. ft 3 spaces
For each additional 25,000 sq. ft
(B) For each hotel without catering facilities, and with meeting facilities seating one hundred
(100) or fewer persons, one (1) loading space is required. The loading space may be
accommodated within space also used for other functions, provided that it shall not
impede access to any parking space or obstruct on-site circulation of vehicular traffic.(C) For each hotel with catering and meeting facilities seating more than one hundred ('100)
persons, office building, hospital and similar institution, place of public assembly or similar
use, which has an aggregate floor area in square feet of:(1) Over 5,000 but not over 10,000 . . . . 1 space(2) Over 10,000 but not over 100,000 . . 2 spaces(3) Over 100,000 but not over 200,000 . 3 spaces
Plus(4) For each additional 100,000 over 200,000. . . . 1 additional space
Sec. 270-30. lnterpretation of off-street loading requirements.(A) The loading space requirements apply to all districts.(B) The loading requirements in this section shall be the minimum requirements. Additional
requirements for provision of off-street loading may be imposed in connection with special
exceptions.
115 Draft: August 2010
25,001--40,000sq. ft . . . . .
l space
City of Danaa Beach
Part 2
Article 270 Land Development Code
Sec.
(A)
(B)
(c)
(D)
270-40. Alternate loading zone standards.
The genesis of this section is the city's recognition that the minimum loading zone
requirements of this article, in certain circumstances, may result in excess provision of
loading zones. Excess loading zone area results in the inefficient use of land at the
expense of additronal landscaped area, civic space, or building area and subsequent tax
revenue and employment. Requests under this section shall be based strictly upon the
criteria of this section, and shall not be based upon hardship, which is the purview of the
variance process, nor inconvenience or cost.
An applicant for a development order or permit may propose an alternate loading zone
standard based upon documentation that the proposed standard is a more accurate
standard than the loading requirements of this artrcle.
Acceptable documentation includes applicable studies, demonstration of the successful
use of the standard by similar development projects, or unique characteristics of the
proposed use, which may include its location, operation or other characteristics that
warrant a reduced loading zone requirement.
City commission review and approval shall be governed by the srte plan approval process
of adicle 635.
270-50. Design standards.
Location and access. Loading spaces shall be directly accessible from a street or alley
without crossing or entering any other off-street loading space required by this article, or
any required off-street parking space, except as otherwise provided in this article. lt shall
be arranged for convenient and safe ingress and egress by delivery vehicles, both motor
truck, and truck and trailer combination. The city commission may allow loading spaces to
be collocated with other site functions, and not separately designated, if the potential
disruption to other site functions is minimal (example: a hotel that utilizes its
reg istration/valet vehicle stacking area for infrequent deliveries durrng off-peak registration
and check-out hours, involving small{o-medium sized trucks).
Screening. The loading space(s) shall be screened from the street or public way unless
the screening requirement is specifically waived by the city commission. ln no event shall
loading areas be provided such that vehicles are required to back out onto a public street
right-of-way.
Drainage and maintenance. Drainage for off-street loading facilities shall be designed to
prevent damage to abutting property and public streets and alleys, and surfaced with
erosion-resistant material in accordance with applicable city specifications. Off-street
loading areas shall be maintained in a clean, orderly and dust-free condition at the
expense of the owner, or lessee and not used for the sale, repair, dismantling or servicing
of any vehicles, equipment, materials or supplies.
Entrances and exits. Location and design of entrances and exits shall be in accordance
with all applicable traffic regulations and standards. Where the entrance or exit of a
building is designed for truck loading and unloading, such entrance or exit shall be
designed to provide at least one off-street loading space.
Sec.
(A)
(B)
(c)
(D)
Sec. 270-60. Construction standards.
Off-street loading spaces shall be constructed to the standards set forth in sec. 265-1 10
(parking facility design and construction standards).
City of Dania Beach 116 Draft: August 2010
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Article 275 Land Development Code
Sec.
(A)
ARTICLE 275. LANDSCAPING REQUIREMENTS.
275-10. Declaration of legislative intent; applicability.
The intent of these regulations is to enhance the natural environment and beauty of the
city by providing for landscaped green spaces, trees and other plant material and
arranging them in a pleasing manner in relationship to paved areas and structures, and to
encourage implementation of Florida Friendly Landscaping principles as identified by the
South Florida Water Management District and as provided by Florida Statutes.
This article applies to all developed properties and those undergoing development, except
as otherwise provided for vacant residential properties.
Several requirements of this article are modified or inapplicable to most of the CRA form-
based zoning districts, because of the unique building placement and intensity standards
of such districts. ln all such cases, the modification or exemption applies only to lots that
are developed or redeveloped in compliance with the standards and requirements of the
CRA form-based district regulations in Part 3 of this code. All other lots within the CRA
form-based districts are fully subject to the requirements of this article.
(B)
(c)
Sec. 27 5-20. Defi nitions.
The definrtions for this article are contained in sec. 825-50, "Tree preservation"
Sec. 275-30. Landscape Manual.
Landscaping required per the provisions of this article shall conform with the specifications set
forth in the City of Dania Beach Landscape Technical Manual. This manual is maintained as a
separate document from this code and is available in the community development department.
Failure to conform with these specifications shall be a violation of these regulations.
Sec. 275-40. Planting prohibited.
Plants identified as Category I invasive species per Sec. 825-50 (definitions) are prohibited from
being planted within the city limits of the City of Dania Beach. The Community Development
Director may further designate species prohibited for planting within the City based on hurricane
resistance, health, maintenance needs or similar justifications.
Sec. 275-50. Existing nonconforming vehicular use areas.
Existing vehicular use areas which do not comply with this article shall be brought into
conformity with these regulations upon the occurrence of any one (1) of the following conditions:(A) When the total square footage of the vehicular use area is increased or decreased by
ten (10) percent.(B) When there is a structural addition which increases the total gross floor area of any
existing building on the property more than frve hundred (500) square feet.(C) When no occupational license has been active for a period of one ('1) year or more.(D) When there is any change of use involving a change in parking requirements, the
requirements of this article shall be met before an occupational license may be issued
for the new use. This subsection shall not apply when a use or occupancy of an existing
building or structure in the Downtown Dania [Beach] Development District is changed toa restaurant, and said restaurant rs not operated in conjunction with a theatre,
playhouse, house of worship, lodge hall, private club, indoor amusement facility, meeting
hall, or institutional dining facility.
Sec. 275-60. Native plant material.
A minimum of fifty (50) percent of all vegetation required by this article, excluding turfgrass and
groundcover, shall be indigenous to South Florida and meet the definition of native species as
City of Dania Beach 117 Draft: August 2010
Land Development Code
defined in sec. 825-50 (definitions). The native percentage shall be calculated separately for
shrubs and trees such that quantity of native plants for each shall not count towards the
minimum requirement for the other.
Sec. 275-80. Landscape plans required.
A landscape plan shall be submitted with the site plan for consideration by the planning and
zoning board and the city commission. The landscape plan shall be signed and sealed by a
Florida registered landscape architect, shall conform to the guidance provided in the City of
Dania Beach Landscape Technical Manual and shall at a minimum contain the following:(A) Minimum scale equivalent to the site plan.(B) Existing trees with a unique number assigned to each tree.(C) A tree survey table with the following information listed by tree number corresponding to
the numbered existing trees on the plan view:(1) Common and scientific species name(2) Diameter at breast height in accordance with the definition in Sec. 825-50.3) Canopy cover in square feet4) Tree condition5) Proposed disposition (remain, relocate or remove)6) Dollar value of specimen trees calculated in accordance with Sec. 825-130 of the
Dania Beach code.
(E)
Existing trees and shrubs and site improvements on abutting properties within twenty-five
(25) feet of the property lines. This information may be obtained from aerial photographs
and approximate locations based on field visits.
The location and outline of proposed buildings and site improvements including
landscaping, paving, utilities, rights-of-way and final elevations. Proposed landscape trees
and shrubs should be shown according to approximate size after five (5) years of grov/th
following installation.
Existing site improvements to remain including buildings, paving, utility rights-of-way and
elevations.
A table of data indicating required quantities and provided quantities of proposed
plant material listed according to correspondrng code requirement, gross and net acreage,
number of trees to remain, number of trees to be relocated, number of trees to be
removed and square footage of vehicular use areas.
Proposed plant materials by botanical and common names, sizes, and spacing.
Site lighting locations.
Existing and proposed water bodies or retention ponds.
Planting details and planting specifications.
lrrigation plan containing the following:(1) A scale of one (1) inch equaling a maximum of thirty (30) feet;(2) Location of existing or proposed trees, vegetation and ecological communities, if
applicable;(a) Location of existing building, paving and site improvements to remain;
(F)
Location of proposed buildings, paving, site improvements and water bodies,
Water main location, size and specifications;
(D)
)
)H
(t)
(J)
(K)
(L)
(M)
b
d
e
Valve location, size and specifications;
Pump location, size and specifications and water source;
City of Dania Beach 118 Draft: August 2010
Part 2
Article 275
Sec. 275-70. Variance.
ln cases where strict application of this article cannot be met due to extenuating circumstances,
the applicant may petition the city commission for a variance subject to the procedures and
requirements of article 620 or article 625, as applicable.
Land Development Code
(0 BacKlow prevention device type and specifications;(S) Zone layout plan (minimum scale one (1) inch equals a maximum of twenty
(20) feet) indicating headtype, specifications and spacing along with methods
used to comply with Florida Friendly landscape principles including rain
sensing devices, use of nonpotable water where available, minimization of
application to impervious areas and developing irrigation zones according to
landscape needs, as required by Florida Statutes 125.568.
(M) Visual depiction and delineation of the areas on the site attributed towards each applicable
requirement of this article.(N) Such other information that may be required to give a complete understanding of the
proposed plan including methods for preserving existing trees to remain, and a graphic
rendering of the proposed landscaping.
(Ord No 04-94, S 1,4-12-94)
Sec. 275-90. Perimeter buffer landscape requirements for vehicular use areas (VUAs).(A) Generally. ln order to improve the appearance of VUAs and to protect and preserve the
appearance, character and value of the surrounding neighborhoods, and promote the
general welfare by providing for installation and maintenance of landscaping, screening
and aesthetic qualities, the following standards are established. This section is applicable
to all VUAS, except underground or building enclosed use areas and parking areas
serving individual single and two-family homes.(B) Multifamily residential developments.(1) Required landscaping adjacent to public rights-of-way. On the site of a building or
open lot use providing a VUA, where such area wall not be entirely screened visually
by an intervening building or structure from any abutting street right.of-way, there
shall be provided landscaping between such area and such abutting right-of-way or
property as follows:(a) A strip of land at least ten (10) feet in depth located between the abutting right-
of-way and the VUA shall be landscaped. The required landscaping shall
include one ('l) tree for each thirty (30) linear feet or fraction thereof as
measured along such abutting righlof-way.(b) Such trees shall be located between the abutting right-of-way and VUA,
arranged to best enhance the property. ln addition, a continuous hedge, wall or
other durable landscape barrier shall be placed at no closer to the VUA than
five (5) feet and shall be maintained at three (3) feet minimum height (after
establishment but not higher than five (5) feet above the adjacent VUA and the
abutting property.(2) Required landscaping adjacent to abutting property. A strip of land a minimum of
five (5) feet in depth located between the abutting property and the vehicular use
area shall be landscaped.l This paragraph does not apply in the following CRA form-
based zoning districts: CC, SFED-MU, EDBB-MU, NBHD-MU. The required
landscaping shall include one (1) tree for each forty (40) linear feet or fraction thereof
as measured along said abutting prope(y. Such tree shall be located between the
abutting property and the VUA, arranged to best enhance the property. ln addition, a
continuous hedge, wall or other durable landscape barrier shall be placed no closer
to the VUA than five (5) feet and shall be maintained at three (3) feet minimum
height, but not higher than five (5) feet above the adlacent VUA and the abutting
property, provided a wall is not required in the following CRA form-based zoning
districts: CC, SFED-MU, EDBB-MU, NBHD-MU.
City of Dania Beach 119 Oraft: August 2010
Part 2
Article 275
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Article 275 Land Development Code
lf such durable landscape barrier is of non-living material, one (1) shrub or vine shall
be planted along both sides of the non-living material at the rate of one (1) plant for
each four (4) feet arranged to best enhance the property. The remainder of the
required landscape area shall be landscaped with turf, ground cover or other
landscaping excluding pavement. This buffer shall not be counted toward meeting
the requirements of sec. 275-1OO of this article.(3) Landscaping required between multiple-family dwellings and driveways. This
paragraph does not apply to the CRA form-based zoning districts.(a) A minimum of twenty-five (25) feet of landscaped area shall be provided
between any driveway or parking lot and the front of any building.(b) A minimum of ten (10) feet of landscaped area shall be provided between any
driveway or parking lot and the side or rear of any building, except where the
story at ground level is used for other than residential occupancy.(c) ln the case of an enclosed garage or carport provided as a portion of the main
structure, distance requirements for driveways providing access to these
accommodations shall not apply.(C) Euslness, commercial and industrial propefties.(1) On the site of a building or open lot use providing a vehicular use area, where such
area will not be entirely screened visually by an intervening building or structure from
any abutting right-of-way or adjacent property, there shall be provided landscaping
between such area and such abutting right-of-way or property as follows. This
subsection shall apply within the following CRA form-based districts only to surface
parking lots as a principal use: CC, SFED-MU, EDBB-MU, NBHD-MU.(a) A strip of land a minimum of five (5) feet in depth located between the abutting
property and the VUA shall be landscaped.(b) The required landscaping shall include one (1) tree for each forty (40) linear
feet or fraction thereof as measured along said abutting right-of-way or
property. Such tree shall be located between the abutting right-of-way or
property and the VUA, arranged to best enhance the property.(c) ln addition, a continuous hedge, wall or other durable landscape barrier shall
be placed no closer to the VUA than five (5) feet and shall be maintained at
three (3) feet minimum height, but not higher than five (5) feet above the
adjacent VUA and the abutting property.(d) lf such durable landscape barrier is of non-living material, one (1) shrub or vine
shall be planted along both sides of the non-living material at the rate of one (1)
plant for each four (4) feet arranged to best enhance the property. The
remainder of the required landscape area shall be landscaped with turf, ground
cover or other landscaping excluding pavement. This buffer shall not be
counted toward meeting the requirements of sec. 275-100 of this article.(D) Residential-Office District (RO). Sodded landscape strips shall be provided around the
perimeter of vehicular use areas in the RO District as follows: ten (10) feet adjacent to
street lines, five (5) feet adjacent to interior side lot line, ten (10) feet adjacent to a rear lot
line, and ten (10) feet adjacent to an alley.(E) Accessways through landscaprng. Necessary accessways from the public righlof-way
through vehicular use area landscaping shall be permitted to service the vehicular use and
pedestrian areas. Such accessways shall not be subtracted from the linear dimensions
used to determine the quantity of plant materials required.
Sec. 275-'100. lnterior landscape requirements for vehicular use areas (VUAS).
(A) Applicability. This section applies to all VUAs except as follows:
City of Dania Beach 't20 Draft: August 2010
Patl.2
Article 275 Land Development Code
(1) Parking facilities containing fewer than twenty-four (24) parking spaces in the in the
CC, SFED-MU, EDBB-MU, NBHD-RES, and NBHD-MU CRA form-based zoning
districts, and parking facilities containing fewer than twelve (12) parking spaces in all
other districts. All requirements of this section shall be reduced by one-half (1/2) in
the CC, SFED-MU, EDBB-MU, NBHD-RES, and NBHD-MU CRA form-based
districts, except that surface parking lots as a principal use shall be subject to the full
requirements unless otherwise specified;(2) Special vehicular use areas that are not open to the general public for automobile
parking, such as storage areas for new, used or rental motor vehicles, watercraft,
trailers, or construction equipment, bus bays in bus terminals, and trucking terminals;
and(3) Parkingstructures.(B) Overall VUA landscape requirement. An area, or combinations of areas, equal to twenty
(20) percent of the total vehicular use area exclusive of perimeter landscape buffers
required under sec. 275-90 of this article shall be devoted to interior vehicular use area
landscaping. ln no case shall a parking stall be further than sixty five (65) feet from a tree,
measured from the tree trunk. All landscape areas within the vehicular use area or
abutting landscape areas shall be protected from vehicular encroachment through
appropriate wheel stops or curbs. Wheel stops shall be located a minimum of two (2) feet
from the required landscape area.(C) lntermediatelandscapepeninsulas.(1) There shall be no more than twelve (12) parking stalls along the same parking aisle
without an eight (8) foot-wide by fifteen (15) foot-long intermediate landscape
peninsula (exclusive of curb dimensions). Each peninsula shall have a minimum of
two (2) Category 2 or Category 3 trees, or a minimum of one (1) Category 1 tree,
provided that the peninsula width is increased to ten (10) feet.(2) lntermediate peninsulas may be spaced to allow up to twenty (20) parking stalls
between them along the same parking aisle when a minimum width of ten ('10) feet
plus one (1) foot for every extra parking space over fifteen (15) is added to one of the
adjacent islands in the row. These islands must contain a minimum of two Category
'l trees.(3) lntermediate peninsulas are not required for head{o-head parking rows or parking
rows abutting buildings when separated by a landscape area a minimum of fifteen
feet in depth and planted with a minimum of one (1) Category 1 tree per twelve (12)
parking stalls.(4) Parking stalls utilizing pervious pavers with a vegetative cover may be counted as
three fourths (314) of a parking space for calculations for this subsection.(D) Terminal landscape peninsulas. Terminal landscape peninsulas shall be ten (10) feet wide
and as long as the required length of the parking stall in that isle (exclusive of curb
dimensions). Each peninsula shall have a minimum of two (2) Category 1 trees.(E) Vehicular use landscape areas abufting buildings. A landscaped area having a minimum
width of five (5) feet shall separate the VUA from the walls of a single story building. The
minimum landscaped area width shall increase by five (5) feet for each additional story up
to a maximum landscaped area of twenty-five (25) feet, except within the CRA form-based
districts. Within the CRA form-based districts, the minimum width shall remain five (5) feet
regardless of the number of stories. The landscape area shall be designed to
accommodate pedestrian access. This requirement shall not apply to openings to garages
and carports or loading docks.(F) Other vehicular use landscape areas. All other interior vehicular landscape areas shall be
a minimum of five (5) feet wide and one hundred (100) square feet in area. There shall be
121 Draft: August 2010City of Dania Beach
Pa,t 2
Article 275 Land Development Code
no less than one (1) tree for each two hundred (200) square feet or fraction thereof rn
vehicular use landscape areas other than parking landscape peninsulas.
Sec. 275-110. Perimeter buffer landscape requirements for areas separating business,
commercial, mixed-use residential/commercial, and industrial property from residential
property.(A) Applicability. This section applies to all zoning districts. Additionally, this section shall
apply to the rear lot line of all lots in the NBHD-MU district.(B) Propefties separated by a public open space. Property zoned or used for business,
commercial, mixed commercial/residential, or industrial purposes shall include at least ten
(10) feet of landscape area when separated by a street, canal or other public open space
from every residential use or zoned area. This requirement may be satisfied by
landscaping required under Sec. 275-90 (where applicable). ln all other scenarios, this
area must contain one (1) tree and ten (10) shrubs per two thousand (2,000) square feet.(C) When a lot zoned or used for community facility, commercial, mixed commercial-
residential use, or industrial purposes is separated only by an alley from residentially
zoned or used lot, a masonry wall, six (6) feet in height, shall be installed and setback a
minimum of two and one-half (2 112) leel from any property line abutting the alley.(D) When any property zoned or used for community facility, commercial, mixed
commercial/residential, or industrial purposes directly abuts a residentially zoned or used
property, without separators between them such as a street, alley, canal or other public
open space, then the business, commercial, mixed-use, or industrial property shall be
provided with a landscaped area at least ten (10) feet in depth adjacent to the residential
property. Such landscape area shall meet the following requirements:(1) Provide a six (6)-foot masonry wall five (5) feet from the residentially zoned or used
lot, and lots occupied by one or more permitted uses of an industrial district shall
provide an eight (8) foot masonry wall five (5) feet from the residentially zoned or
used lot.(2) However, as long as it will provide equivalent protection to the residential property,
the community development director may allow one (1) or more of the following:(a) An alternative wall or fence material;(b) The location of the wall or fence immediately adjacent to the residential
property, with a double row of Category 1 trees, each row forty (40) feet off-
center, placed in the area between the wall or fence and the commercial,
business or rndustrial property.(c) Use of an existing wall on the abutting property.(3) Trees shall be installed one (1) per every forty (40) linear feet of residentially zoned
or used property between the wall and said property. ln addition, shrubs shall be
installed one (1) per every three (3) feet of residentially zoned or used property
between the wall and the residential property.(4) The area between the wall or fence and the commercial, business or industrial
property shall be landscaped by providing a tree every forty (40) feet staggered from
the ones on the other side of the wall.
Sec. 275-120. Perimeter buffer landscape requirements for business, commercial and
industrial properties.
A ten-(10) foot landscape buffer shall be provided around the perimeter of the property in all
zoning districts except for the CC, SFED-MU, EDBB-MU, and NBHD-MU CRA form-based
districts, and except for areas required to provade landscape buffers in accordance with sections
275-90 or 275-110. Such landscape buffer shall contain one (1) tree for each forty (40) linear
feet and a row of hedges.
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Article 275 Land Development Code
Sec. 275-{30. Perimeter buffer landscape requirements for residential properties.
A landscape buffer shall be provided around the perimeter of lots that are zoned or used for
residential use as follows, except within the CC, SFED-MU, EDBB-MU, and NBHD-MU CRA
form-based zoning districts, where this requirement shall not apply:(A) Landscape buffers required in accordance with sec. 275-90 shall fulfill the requirement of
this section.(B) Areas abutting trafficways as designated on the Broward County Trafficway Plan shall
provide a fifteen (15) foot landscape buffer.(C) Areas abutting local public streets shall provide a ten (10) foot landscape buffer, provided
that a five (5) foot landscape buffer shall be allowed if the property on the opposite side of
the street is used or zoned for townhouse or multifamily use, or if the city commission
determines that based on the size, width, depth, configuration, or location of the lot, it is
impractical to provide the required ten (10) foot landscape buffer. ln the event more than
one of the above subsections applies, the most restrictive subsection (i.e., the one
requiring the widest buffer) shall be used. No walls or fences shall be permitted within any
of the above referenced landscape buffers. Each landscape buffer shall contain a
continuous row of hedges and one (1) tree for each thirty (30) linear feet.
Sec.
(A)
(B)
(c)
Percent of Site
Non-Vehicular Open Space
Less than 30
30-39
40-49
50 or more
275-140. Landscape requirements for other non-vehicular open space.
Applicability. All open spaces in excess of the minimum required by Sections 275-90 to
275-130 on any site shall conform to the minimum landscape requirements provided in this
code. Non-vehicular open space shall include all pervious areas and green spaces, except
water bodies.
General landscape treatment. Turf, ground cover, shrubs and other landscape materials
shall be installed to cover all open spaces excluding any buildings and paving. No
substance which prevents water percolation shall be used in these instances.
Shrub and tree requiremenfs. The quantity of required shrubs and trees in the non-
vehicular open space, including existing trees and shrubs to be preserved, shall be
pursuant to the following table and shall be arranged so as to enhance the overall project.
Trees and
Required
I tree and
feet
I tree and
feet
I tree and
feet
1 tree and
feet
Shrubs
'10 shrubs per 2,000 square
I shrubs per 2,500 square
6 shrubs per 3,000 square
6 shrubs per 3,500 square
(D) Utilities and site amenities such as flagpoles, transformers, fire hydrants, sewer and water
supply lines, trash enclosures, and similar items located on the site shall not be placed
within fifteen (15) feet of an existing or proposed tree. Amenities requiring a cement pad or
other footer shall not be designated as landscape area for calculations.(E) Supplemental requirement for the C-1 District. At least ten percent (10%) of every lot in
the C-I District shall be landscaped on the ground level.
City of Dania Beach 't23 Draft: August 2010
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Article 275 Land Development Code
Sec. 275-1 50. Landscape requirements for vacant residential properties.
The owne(s) of any residentially zoned or used lot which, after demolition of residential
buildings and related structures, is left unimproved, vacant and empty for a period of thirty (30)
or more days after the lot has been cleared, shall be obligated to plant grass or install sod and
maintain the trees, shrubs and other landscaping which exist on the property in good condition,
keep them sufficiently irrigated, and otherwise maintained as elsewhere prescribed in the code
of ordinances for the mowing of grass or weeds and clearance of debris and rubbish from
vacant lots. A maintenance plan for each such lot, consisting of plans for irrigation and a
schedule for landscaping maintenance, shall be reviewed and must be approved by the
community development department, which must include proof that a periodic maintenance
program will be undertaken by the owner or its designee, such as a landscape maintenance
business. Any person aggrieved by a decision or requirement of the department may appeal the
matter to the city commission.
Sec. 275-160. Landscape requirements for single-family and duplex lots.
All single-family and duplex dwellings shall conform to the following minimum landscaping
requirements:(A) General Landscape Treatment: Trees, turfgrass, groundcover, shrubs and other
decorative landscape material shall be used to cover all disturbed ground not covered by
building and paving.(B) Shrub and Tree Requirements:
(1 ) A minimum of three (3) trees of two (2) different species and ten ('lO) shrubs shall be
planted per lot. For all lots larger than eight thousand (8,000) square feet in area,
additional shrubs and trees shall be provided at the rate of one (1) tree and three (3)
shrubs per three thousand (3,000) square feet of lot area; however, there shall be no
more than ten (10) trees and thirty (30) shrubs required per acre of an individual or
duplex lot, per the requirements of this subsection.(2) Where possible, a minimum of two (2) trees shall be required in the front of the lot.
Shrubs shall be incorporated in a manner on the site so as to be a visual screen for
mechanical equipment or other accessories to the residence.(3) Trees required in this subsection shall have a minimum overall height of twelve (12)
feet with a minimum canopy spread characteristic of the species at such height and
DBH requirements.
Sec.
(A)
(B)
(c)
275-170. Landscape requirements for screening.
Sfrucfures: Each structure shall be treated with landscaping to enhance the appearance of
the structure and to screen unattractive or unsightly appearance as applicable, with a
minimum of twenty (20) percent of the front of the structure being planted with shrubs at a
minimum of two (2) feet in height. This requirement shall not apply to street-facing
facades within the CC, SFED-MU, EDBB-MU or GTMr'Y-MU districts.
Equipment. Dumpsters, dumpster enclosures, mechanical equipment and electrical
transformers shall be screened on at least three (3) sides by landscape material that is a
minimum of thirty (30) inches in height. Such screening shall not interfere with normal
operation of equipment. ln addition, bus shelters which are located within property lines
shall be screened with plant material a minimum of two (2) feet in height on three (3)
sides, and one canopy tree, ten (10) feet in height.
Slgns: All freestanding sign installations require the installation and establishment of plant
material to enhance the structure, at a minimum of one shrub for every two (2) feet of
linear width of the sign structure on each side; and ground cover, a minimum of five (5)
feet around the perimeter of the sign base, designed in such a manner so as to not block
the message on the sign.
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Land Development Code
(D) The landscape requirements of this section shall not be used to meet the minimum
landscape requirements of other sections of this code.
Sec. 275-180. Sight distance for landscaping adjacent to street intersections and points
of access.
When a lot abuts the intersection of two (2) or more streets, all landscaping within the triangular
area located within twenty-five (25) feet of the intersection of the front and side street property
lines shall provide unobstructed cross-visibility at a level between thirty (30) inches and eight (8)
feet, with the exception of tree trunks that do not impede visibility. The property owner shall be
responsible for maintaining all landscaping within the cross-visibility triangle. Landscaping,
except required turf and groundcover, shall not be located closer than five (5) feet from the edge
of any roadway and three (3) feet from the edge of any alley or pavement.
Sec.
(A)
(B)
275-190. Plant material and installation requirements.
Minimum requirements. The following shall be considered the minimum requirements for
the installation of all landscaping. All landscaping shall be installed according to planting
procedures of this section of the code with the quality of plant material as specified in this
article. Planting specifications, notes and details shall conform to the guidance provided in
the City of Dania Beach Landscape Technical Manual.
Replacement requirements. Vegetation which is required to be planted by this section of
the code shall be replaced with equivalent vegetation if it is not living within one (1) year of
issuance of a certificate of occupancy or completion.
Tree placement near utilities. Trees shall not be placed within easements for above or
below ground utilities unless permission has been granted in writing from the utility.
Shade/canopy tree. Shade canopy tree shall be a Category 1 tree, with a minimum overall
height of fourteen (14) feet, with a minimum diameter at breast height of two (2) inches
and a minimum of four and one half (4 112) feel of clear trunk immediately after installation.
Category 1 trees are those which typically achieve a maximum height or width of fifty (50)
or more feet. A list of Category 1 Trees recommended for planting within the city is
included in the City of Dania Beach Landscape Technical Manual. Minimum canopy
spread shall be characteristic of the species. This category shall constitute forty (40)
percent minimum of the total trees required.
lntermediate rrees. lntermediate trees shall consist of Category 1 or Category 2 trees, and
shall be a minimum overall height of twelve (12) feet and a minimum trunk diameter at
diameter at breast height of two (2) inches and a minimum of four (4) feet of clear trunk
immediately after installation Minimum canopy spread shall be characterjstic of the
species. This category shall constitute thirty (30) percent maximum of the total trees
required. Category 2 trees are those which typically achieve a maximum height and width
of thirty (30) to fifty (50) feet. A list of Category 2 Trees recommended for planting within
the City of Dania Beach is included in the City of Dania Beach Landscape Technical
Manual.
Small trees. Small trees shall consist of Category 1, Category 2 or Category 3 trees, and
shall be a minimum overall height of ten (10) feet and a minimum canopy spread of four
(4) feet and a minimum trunk diameter at three (3) feet of one and one-half (1 1/2) inches
for at least one (1) of the trunks and a mlnimum of three (3) feet of clear trunk immediately
after installation. This category shall constitute no more than ten (10) percent of the total
trees required. Category 3 trees are those which typically achieve a maximum height and
width of twenty (20) to thirty (30) feet. A list of Category 3 Trees recommended for planting
within the City of Dania Beach is included in the City of Dania Beach Landscape Technical
h/anual.
(c)
(D)
(E)
(F)
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Article 275 Land Development Code
(G) Palms. Palms shall have a minimum of six (6) feet of gray wood and shall constitute no
more than twenty (20) percent of the total trees. For all planting requirements, three (3)
palms with a typical DBH at maturity of less than twelve (12) inches (including clustering
palms) shall be equivalent to one tree. Examples of these palms include Phoenix
roebelenii, Carpentaria acuminata and Acoelorraphe wrightii. One (1) single-stem palm
with a typical DBH at maturity of twelve (12) inches or greater shall equal one (1) Category
2 tree. Examples of these palms include Sabal palmetto, Roystonea elata and Phoenix
dactylifera. Category 4 includes all clustering and single-stem palms which typically
achieve a maximum height of at least twenty (20) feet. A list of Category 4 Palms
recommended for planting within the City of Dania Beach is included in the City of Dania
Beach Landscape Technical Manual. Examples of Category 4 palms include Florida thatch
palm (Thrinax radiata), royal palm (Roystonea elata) and sabal palm (Sabal palmetto)
(H) Spacing: Trees shall be installed in accordance with the following spacing requirements:(1) Shade trees shall be located a minimum of frfteen (15) feet away from structures and
twenty (20) feet from other shade trees.(2) Nonshade trees shall be located a minimum of eight (8) feet away from structures,
and fifteen (15) feet from other trees.(3) Palms shall be located a minimum of three (3) feet from structures and three (3) feet
from other palms and ten (10) feet from other trees.(4) Trees and palms which are in excess of the minimum number required may be
spaced closer to each other.(5) Trees shall be planted no closer to an impervious area than half of the minimum size
of the required planting area for the particular tree species (in accordance with item
(7) below).(6) Where a conflict in spacing or canopy spread occurs between required trees and
existing offsite or onsite trees, the requirements of this section may be modified as
determined by the Director of the community development department.(7) Each tree shall have pervious area surrounding it sufficient to support the species, as
determined by the community development department. [\/inimum planting areas are
as follows:(a) Shade tree. two hundred twenty-five (225) square feet with fifteen (15) feet the
smallest dimension, except when used in parking area peninsulas.(b) lntermediate tree: ninety (90) square feet with eight (8) feet the smallest
dimension.(c) Small tree: sixty-four (64) square feet with eight (8) feet the smallest dimension.(d) Single-stem palms with typical DBH at maturity of (12) inches or greater:
twenty-five (25) square feet with five (5) feet the smallest dimension.(e) Clustering palms/palms with typical DBH at maturity of less than twelve (12)
inches: nine (9) square feet with three (3) feet the smallest dimension.(l) Plant materials.(1) Quality: Plant materials used in accordance with the provisions of this section of the
Code shall conform to the standards for Florida Number One, or better, as provided
for in the most current edition of "Grades and Standards for Nursery Plants," Parts I
and ll, State of Florida Department of Agriculture and Consumer Services. Sod shall
be clear and visibly free of weed, pests and diseases. Sod pieces shall be neatly
mowed. Damage and breakage shall not occur when pieces are picked up by one
end.(2) Plant ball sizes: Ball sizes on all plant material shall conform to or exceed the
minimum standards as noted in the most current edition of "American Standards for
Nursery Stock," prepared by the American Association of Nurseryman.
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Part 2
Article 275 Land Development Code
City of Dania Beach 127 Draft: August 2010
(3) Use of site specific plant material: Plants used in the landscape design pursuant to
this section of the code shall be to the greatest extent, appropriate to the soil and
other environmental conditions in which they are to be planted.(4) Shrubs and hedges: Shrubs shall be a minimum of two (2) feet in height when
measured immediately after planting. When used as a hedge, shrubs shall be full to
base, planted and maintarned so as to form a continuous, unbroken solid, visible
screen within a maximum of one (1) year after time of planting. When shrubs are
used as a visual buffer around vehicular use areas, the height of solid shrubs at
installation shall be measured as a minimum of two (2) feet above the vehicular use
area pavement surface that directly abuts the shrubs and shall attain a height of
three (3) feet within one (1) year.(5) Vines. Vines shall be a minimum of thirty (30) inches in supported height immediately
after planting, and may be used in conjunction with fences, visual screens or walls to
meet landscape buffer requirements as specified.(6) Ground cover: Ground covers shall be planted with a minimum of fifty (50) percent
coverage with one hundred (100) percent coverage occurring within six (6) months of
installation.(7) Turf: All turf areas shall be sodded using species suitable as permanent lawns in the
City of Dania. ln no case shall seeding be allowed as a method of producing turf
coverage.(8) Existing Trees: An owner shall receive credit against the minimum landscape code
requirements of this Article for preservation, replacement or relocation of existing
trees, other than preserved ecological communities, on a one-for-one basis.
Exrsting trees in poor condition may not be counted toward landscape
requirements. Existing trees determined by the community development
department to be a hazard must be removed in accordance with sec. 825.60 of the
code(9) Restricted plant species: Existing trees identified as Category linvasive species
shall not be counted toward landscape requirements and must be removed, in
accordance with Articles 825 and 830. Existing trees identified as Category ll
invasive specres may not be counted toward landscape requirements but are not
required to be removed.(J) So/s. All plant beds (excluding turf areas) shall be excavated to a minimum depth of
twenty-four (24) inches and backfilled with a suitable soil consisting of fifty percent (50%)
composted organic matter, well-mixed with native soil. Backfill material shall be free from
rock, construction debris, or other extraneous material.(K) Mulch. A two-inch minimum thickness, after initial watering in, of approved organic mulch
material shall be installed in all areas not covered by buildings, pavement, sod, preserved
areas and annual flower beds. Each tree shall have a ring of organic mulch no less than
twenty-four (24) inches beyond its trunk in all directions.(L) Stabilization. All trees and palms planted as trees shall be securely guyed, braced or
staked at the time of planting until established. The use of nails, wire, rope, or other
methods which damage the tree or palm are prohibited. All plants shall be installed with
the top of the root ball even with the soil grade.(M) lrrigation. lrrigation systems of an automatic type shall be required all new and
transplanted material.(1) All irrigation systems shall be designed to have a minimum of one hundred (100)
percent coverage with fifty (50) percent overlap. Drip, trickle or other nonvisible
irrigation systems will be permitted if designed and approved on the irrigation plan.
lrrigation systems shall be desjgned to minimize application of water to imperious
areas.
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Article 275 Land Development Code
(2) High water demand landscape areas, such as turf, shall be designed as separate
zones from low water demand areas.(3) Controlled irrigation systems shall be operated by a irrigation controller capable of
irrigating high demand areas on a different schedule from low water demand areas.
The controller shall compensate for natural rainfall when it exceeds the application
rate of this section.(4) The use [ofl non-potable water, in irrigation of landscape areas is required. Potable
water may be used in the event that it is found that the total salts in the ground water
are unacceptable or with the written permission of the director of utilities. A
certification that the total salts contained in the ground water will not harm the plant
material is required for all wells.(5) Water shall not be applied more frequently than every other day and shall not exceed
two (2) inches total per week unless restricted by the city commission or the South
Florida Water Management District to a greater extent. Hours of operation of
irrigation systems shall be between the hours of 5:00 p.m. to 8.00 a.m. unless stricter
hours of operation are set by the South Florida Water Management District or the city
commission. Exemptions from the irrigation hour restrictions are as follows:(a) lrrigation using a micro-irrigation or drip irrigation system.(b) lrrigation of new landscaping for a thirty (30) day establishment period.(c) Watering in of chemicals, including insecticides, pesticides, fertilizers,
fungicides, and herbicides when required by law, recommended by the
manufacturer, or constituting best management practices.(d) Maintenance and repair of irrigation systems.(e) lrrigation using Iow volume hand watering, including watering by one (1) hose
attended by one (1) person, fitted with a self-canceling or automatic shutoff
nozzle or both.(6) Pursuant to Florida Statutes 373.62 any irrigation system installed after May 1 , 1 991 ,
shall install a rain sensor device which will override the irrigation cycle of the
sprinkler system when adequate rainfall has occurred.(7) Florida Friendly Landscaping. A landscape plan which incorporates principles of
Florida Friendly Landscaping may reduce the coverage and overlap requirements.
The applicant may request this reduction by proposing an alternative irrigation
coverage and overlap, along with justification for the new proposed levels of
irrigation.(8) Where a new development, redevelopment or a replacement irrigation system is
planned, the use of Florida Friendly plants may preclude the need for installation of
an irrigation system pursuant to this article. Where such a system is planned, the
landscape architect shall certify the use of native species that do not require
supplemental irrigation. For such plantings, an irrigation system shall not be
required.(9) All new developments shall consider the use of a xeriscape landscaping system.
The use of Florida Friendly plants precludes the need for irrigation systems.
(10) lrrigation plans may include the use of cisterns or other rainfall recapture technology
that precludes the use of wells or potable water. All such plans must be certified by
a landscape architect licensed in the State of Florida.
(N) Flnlshed grades of landscape areas. Finished grade of landscape areas shall be at or
below the grade of adjacent VUA or public sidewalks, except for mounding or other
surface aesthetics. Grade shall be designed to receive roof and surface runoff and to
assist irrigation of plantings and then any overflow routed as necessary underground.
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Part 2
Article 275 Land Development Code
Mounding or other surface aesthetics shall not inhibit or defeat intended rainwater capture,
retention or percolation from a VUA.(O) Root Barriers. A root barrier system shall be installed in situations where a tree or palm is
planted within ten (10) feet of a sidewalk or parking area, unless other special provisions
have been designed to accommodate tree roots.
(P)_ Maintenance requirements for all landscape areas.(a) The owner of land subject to this Land Development Code, shall be responsible
for the maintenance of such land and landscaping so as to present a healthy,
vigorous and neat appearance free from refuse, debris and weeds. All
landscaped areas shall be sufficiently fertilized and irrigated to maintain the
plant material in a healthy condition.(b) Two (2) inches of clean, weed free, approved organic mulch should be
maintained over all landscaped areas (exclusive of groundcover or turf areas)
at all times.(c) All pruning shall be accomplished in accordance with the most current
pub cation of the American National Standards lnstitute (ANSI A-300).(d) lrrigation systems shall be maintained to eliminate waste of water due to loss
from damage, missing or improperly operating sprinkler heads, emitters, pipes
and all other portions of the irrigation system.(e) Persons, corporation, businesses or any other who apply pesticides, or any
other regulated substances, shall comply with all applicable local, state and
federal regulations as amended.
Sec. 275-200. Requirements for certificate of occupancy.(A) Final inspection(1) The owner or agent for the property must have a copy of the approved landscape
plans for the project on-site at the time of the final inspection. This copy must include
notations of any deviations from approved landscape plantings or other features.(2) lf the landscaping requirements of this article have not been met at the time that a
certificate of occupancy could be granted and is requested, the owner or his agent
must post a surety bond or cash bond or letter of credit of one hundred (100) percent
of the completion cost. Acceptance of a surety bond in lieu of completion of
landscape requirements prior to certificate of occupancy is at the discretion of the
drrector of community development.(3) A landscape maintenance regime must be in place at the time of final inspection prior
to issuance of the certificate of occupancy. The owner, or agent, shall be responsible
for the maintenance of all landscaping, which shall be maintained in good condition
so as to present a healthy, neat and orderly appearance and shall be kept free from
refuse and debris. Maintenance shall include the replacement of all dead plant
material.(4) The irrigation system shall be in working condition prior to a certificate of occupancy
or completion being issued. The system must be able to be turned on at the time of
the final landscape inspection to ensure proper overlap is provided.(B) Phased approvals(1) All required landscape installation for common areas, landscape buffers and street
trees shall be completed for the entire project prior to the rssuance of twenty-five (25)
percent of the certificates of occupancies or completions.
Sec. 275-210. Enforcement and Penalties.
Sec. 825-200, "Enforcement and Penalties" shall govern the enforcement of this article
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Article 275 Land Development Code
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Article 280 Land Development Code
ARTICLE 280. OUTDOOR LIGHTING STANDARDS.
Sec. 280-20. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section. ln the absence of a specific technical definition, words and
phrases shall have those definitions and meanings as provided by the llluminating Engineering
Society of North America.
Area light. Light that produces more than eighteen hundred (1,800) lumens
Cutoff, full. A lighting fixture that emits zero (0) percent of its light above ninety
(90) degrees and ten (10) percent above eighty (80) degrees from horizontal.
Floodlight. Any light that produces no more than eighteen hundred (1 ,800)
lumens in a broad beam designed to saturate or illuminate a given area with
light. Generally, flood lights produce from one thousand (1,000) to eighteen hundred
lumens. Floodlights are directional fixtures.
(1,800)
Glare. The sensation produced by lighting that results in annoyance, discomfort
or a reduction of visual performance and visibility, and includes direct and
reflected glare. All directional fixtures and any fixture with an output of more than
eighteen hundred (1,800) lumens that is visible, either directly or by reflection,
from adjacent properties or streets shall be considered to cause glare.
Outdoor lighting. Lighting located outside of an enclosed building, or otherwise
installed in a manner that lights any area other than the inside of an enclosed
building.
Recreational lightrng. Fixtures of a type or intensity designed or used to light sports courts
Sec. 280-30. Prohibited outdoor lighting.
Lighting that results in glare onto adjacent residentially zoned properties is prohibited, provided
that fixtures activated only when motion is detected within the property upon which they are
located may cause glare if the fixture shuts off within five (5) minutes of being activated, is not
aimed at any residential window, and is not consistently activated by human activity or animal
activity after 1 1.00 p.m.
Sec. 280-40. Outdoor lighting standards.
All applications for a development permit, submitted after the date of adoption of this article,
shall comply with the following standards.(A) The overspill of light originating from any lot, regardless of zoning, onto any other lot
located within a residential zoning district shall not exceed five{enths of a (0.5) horizontal
foot-candle measured at grade level at the property line.
City of Dania Beach 131 Draft: August 2010
Sec. 280-10. Purpose, intent and applicability.
The purpose and intent of this article is to create outdoor lighting standards that promote the
health, safety and welfare of the residents of the city by establishing maximum intensities of
lighting and controlling glare from lighting fixtures. The provisions of this article shall apply to all
permanent outdoor lighting from an artificial light source.
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Article 280 Land Development Code
(B) All vehicular use areas on private property, otherthan those with "back-out" parking onto a
street, shall be lighted in compliance with the minimum standards established by the
llluminating Engineering Society of North America.(C) Vegetation screens shall not be employed as the pnmary means of controlling glare.
Glare control shall be achieved primarily through the use of cutoff fixtures, shields and
baffles, and the appropriate application of fixture mounting height, lighting intensity,
placement and angle.
Sec. 280-60. Maintenance.
Lighting fixtures and ancillary equipment shall be maintained so as to always meet the
requirements of this article.
City of Dania Beach 132 Draft: August 2010
Sec. 280-50. Outdoor lighting permits.
(A) All outdoor lighting accessory to any nonresidential use, and all applications for residential
recreational lighting, for property that abuts a residentially zoned lot shall require issuance
of a city permit, reviewed and approved pursuant to the standards of this article, prior to
installation. The application for permit shall be accompanied by a photometric plan,
prepared by a licensed engineer, in sufficient detail to demonstrate compliance with these
regulations, including mounting heights, fixture specifications, and isofootcandle plots for
individual fixture installations or a ten by ten (10x10) foot luminance grid for multiple fixture
installations. All photometric plans shall overlay a site plan showing all structures,
vehicular use areas and walkways. The plan shall also show all existing and proposed
trees within twenty-five (25) feet of any existing or proposed light fixture within the area
that is the subject of the photometric plan.(B) Prior to final inspection and the subsequent issuance of a final approval of any
development permit for the construction of outdoor lighting, a letter of compliance from a
registered professional engineer shall be provided to the community development director
stating that the installation has been field checked and meets the requirements of these
regulations.(C) The city reserves the right to conduct a post-installation nighttime inspection to verify
compliance with the requirements of this article, and if appropriate, to requrre remedial
action at no expense to the city.
Part 2
Article 285 Land Development Code
Sec.
(A)
ARTICLE 285, EMERGENCY GENERATORS.
285-'10. Emergency generators in residential districts.
Emergency generators and associated fuel tanks which operate with liquid propane or
natural gas for fuel shall be permitted as accessory structures to single-family detached
dwellings and two-family (duplex) dwellings, as provided in this article.
Generators are not permitted in a front yard. Generators not to exceed five (5) feet in
height are permitted in side and rear yards with a minimum ten (10) foot setback to any
side lot line, a minimum ten (10) foot setback to any rear lot line adjacent to a public alley
or street line, and a minimum fifteen (15) foot setback to any other rear lot line.
Above-ground liqurd propane tanks are not permitted in a front yard or side yard. A
maximum of two (2) above-ground tanks with a maximum collective capacity of two
hundred fifty (250) gallons and a maximum height of five and one-half (5 /z) feel are
permrtted in the rear yard subject to the same setback requirements that apply to
generators in subsection (B), above.
One ('l)underground propane tank is permitted in lieu of any above-ground tank, or in
combination with no more than one (1) above-ground tank, provided that the collective
capacity of the underground tank and any above ground tank shall not exceed two
hundred fifty (250) gallons. An underground tank is permitted only in the front or rear yard,
if a minimum twenty-five (25) foot setback is provided to any street line and a minimum ten
(10)-foot setback is provided to any lot line.
Above-ground storage tanks shall be screened with an opaque fence at least six (6)
inches higher than the top of any portion of the tank.
A generator located in an interior side yard and situated between two (2) dwellings shall be
positioned to direct exhaust toward the rear yard.
Generators and fuel tanks shall not be located in any easement.
Any generator with a noise rating on its specifications sheet exceeding seventy (70) db
(decibels) at a distance of twenty{hree (23) feet is prohibited.
Diesel generators are prohibited.
(G)
(H)
(B)
(c)
(D)
(E)
(F)
(r)
Sec. 285-20. Emergency generators in nonresidential districts.(A) Emergency generators and associated fuel tanks which operate with liquid propane or
natural gas for fuel are permitted as accessory structures to commercial, industrial,
institutional, and other nonresidential uses, as provided in this section.(B) Generators and above-ground fuel tanks are not permitted in a front yard.(C) Generators and fuel tanks shall be set back a minimum of twenty-five (25) feet from street
lines and any shared property line with a residentially zoned lot, and fifteen (15) feet from
all other property lines.(D) Generators and above-ground fuel tanks must be screened from view from all streets and
residentially zoned lots using landscaping, fencing of masonry walls, to a height of at least
six (6) inches higher than the top of any portion of the generator and tank.(E) Generators and fuel tanks shall not be located in any easement.(F) Any generator with a noise rating on its specifications sheet exceeding seventy (70) db
(decibels) at a distance of twentythree (23) feet is prohibited.(G) Proposed generators, fuel tanks, or both that cannot be installed in compliance with this
section may be proposed as special exception uses.
133 Draft: August 2010City of Dania Beach
Part 2
Article 286 Land Development Code
ARTICLE 286. SATELLITE DISH ANTENNAS.
Sec. 286-1 0. Definition.
For the purpose of this article, the term "satellite dish antenna" shall mean a telecast receiver
that allows the reception of television signals directly from satellites rather than from other forms
of broadcasting systems.
Sec. 286-20. Location.
Satellite dish antennas shall be restricted to rear yards only and shall not be installed on front or
side yards. Satellite dish antennas are subject to zoning setback requirements for principal
buildings and structures.(A) On corner lots, no portion of the satellite dish antenna may extend beyond the imaginary
extension of the lines of the buildings on the property on the corner street side.(B) For satellite dish antennas that are free-standing, the highest point of the antenna shall not
exceed the height of fifteen (15) feet above ground level if ground-mounted, or fifteen (15)
feet above roof if roof-mounted. Antennas that are mounted solely on roofs and exceed
three and one-half (3 1/2) feet in diameter are prohibited in residential zoning districts. No
antenna shall be installed on a portable or movable structure.(C) The antenna and supporting structure shall be made as unobtrusive as posstble by
shrubbery, trees, foliage or other screening which will provide a minimum opacity of at
least fifty (50) percent. The plan for said screening shall be submitted for review and
approval by the community development department.(D) Satellite dish antennas shall be neutral in color and, to the extent possible, compatible with
the appearance and character of the neighborhood and the buildings on the land where
the satellite dish antenna is located.(E) The dish of the satellite dish antenna shall not exceed twelve (12) feet in diameter, if
circular, or twelve (12) feet at its greatest dimension, if not circular.
(F) All satellite dish antennas shall be placed on anchoring pads which must be securely
anchored to the ground, installed and constructed in accordance with and subject to all
structural requirements of the National Electric Code and, where applicable, the building
code, using a 100-year hurricane storm event to calculate wind stress in structural design,
or as otherwise provided in the building code. A Florida professional engineer who has
obtained a business tax receipt shall certify, in writing, over his or her seal, that both
construction plans and final construction of roof-mounted or tower-mounted stationary
antennas meet the requirements of this article, the building code and the National Electric
Code when applicable.
Sec. 286-30. Permit.
A city permit is required for the erectron of a satellite dish antenna larger than eighteen (18)
inches in diameter on any property in the city.(A) Application for a permit under this article shall be made to the community development
department, and shall consist of plans, specifications, and a survey showing the location
on the site.(B) The plans, specifications and other data to be submitted under this section shall be
sufficient to show:(1) Existing structures, required minimum setbacks, proposed locations of satellite dish
antenna and proposed location of enclosure or screening.(2) All dimensions of relevant items on the plot plan.(3) The applicant for a permit shall be responsible for determining if there are any deeds
or other type restrictions which would prohibit installation of the satellite dish antenna
in the manner proposed.
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Article 286 Land Development Code
Sec.
(A)
286-40. Existing satellite dishes.
All satellite dish antenna installations in existence on the effective date of this article that
were properly permitted at the time of the original installation of same, which are
structurally safe and sound, and which are in compliance with the electrical connection
regulations of the building code, shall be allowed to remain as a nonconforming structure
for the remainder of their useful lives. Any new installation thereafter must be done in
accordance with the requirements of this article.
All antennas existing on the effective date of Ordinance No. 08-92, that do not qualify as
nonconforming structures as provided in this section, shall be required to comply with the
requirements of this article on or before one (1) year from the effective date hereof.
(B)
City of Dania Beach 135 Draft: August 2010
Sec. 286-50. Antennae serving more than one place or business.(A) Satellite dish antennas not limited to the service of one residence or business are not
sanctioned or allowed under the terms of this article, but, because of their multi-use
nature, are deemed franchises and shall be treated as such by the city.
Part 2
Article 290 Land Development Code
Sec. 290-10. lntent.
It is the intent of this section to regulate the location and construction of bulk container
enclosures in a manner that promotes the public health and safety and lessens or otherwise
mitigates the visual impact of such bulk containers upon the community. A "dumpster" is a bulk
container or receptacle with a capacity exceeding one (1) cubic yard, the purpose of which is
the temporary storage and disposal of garbage, trash and any form of waste materials, not
including hazardous or infectious wastes.
Sec. 290-20. Enclosure required; removal for collection.(A) A dumpster shall be placed within an approved enclosure.(B) A dumpster may be removed from its approved enclosure or location no earlier than
twenty-four (24) hours prior to collection. The dumpster shall be returned to its approved
enclosure or location on the same day that it has been serviced for collection.
Sec.
(A)
290-30. Applicability and exemptions.
All of the following uses using dumpsters shall provide on-site enclosures.(1) Any residential or nonresidential development requiring site plan review.
12) Any existing multifamily residential use (excluding townhouse uses) containing ten
(10) or more units.(3) Any existing nonresidential use containing fifteen (15) or more existing on-site
parking spaces.
Exemptions from enclosure requirements. Owners of the following systems are not
required to provide on-site enclosuresl(1) Dumpster or trash compaction systems which are in use on the effective date of this
section, which are not visible from any adjacent property.(2) Trash compaction systems approved pursuant to site plan review.
Dumpster use is prohibited for any residential unit(s) or multifamily building containing four
(4) or less dwelling units.
290-50. Dumpster and enclosure design and construction.
Gafes. All enclosures shall have gates and their construction shall be of sturdy metal
frame and hinges with an opaque facing material consisting of wood or other solid
material. Metal or plastic slats inserted in chain link shall be prohibited. Servicing gates
shall incorporate gate stops and latches that are functional in the full open and closed
positions. Gates that swing out from the container shall be set back from the property line
at least a distance equal to the width of the gate. Hinge assemblies shall be strong and
durable so that access and servicing gates function properly and do not sag-
Pedestrian access. lvlaze-style pedestrian openings are required for new nonresidential
development. A maze-style opening is an opaque wall or fence that can be located no
(B)
(c)
Sec.
(A)
(B)
City of Dania Beach 136 Draft: August 2010
ARTICLE 290. GARBAGE DUMPSTERS.
Sec. 290-40. Minimum enclosure size.
Each enclosure shall provide a minimum ten (10) foot interror length and width subject to the
following additional requirements. Each enclosure shall provide a minimum of twelve (12) inches
of clear space between each side of the dumpster (including lifting flanges) and the adjacent
wall surface of that enclosure, or any other dumpsters within that same enclosure. The
dumpsters shall not exceed five (5) feet five (5) inches in height. The enclosure shall be six (6)
feet in height; provided, however, that "industrial" zoned properties shall be permitted dumpsters
up to seven (7) feet in height, provided the enclosures must be seven (7) feet six (6) inches in
height.
Paft 2
Article 290
more than forty-eight (48) inches and no less than thirty-six (36) inches from the enclosure
opening. The enclosure opening shall be no more than forty-eight (48) inches and no less
than thirty-six (36) inches in width.(C) Pads and seNice drives. All enclosures shall be placed on poured concrete, solid or
perforated interlocking concrete block paving (lCB), or any existing hardened paving
system. A service access drive for the purpose of disposing of the contents of a dumpster
shall also be provided unless a hard surface that provides access to the dumpster already
exists.(D) Cover. The dumpster shall include a top-loaded cover which shall remain closed at all
times except when in use. No garbage, refuse, or waste may be located anywhere on the
site except in a dumpster designed and approved for such temporary storage purpose.(E) Materials and construction methods Enclosures for new construction shall be constructed
of masonry or stucco concrete block painted to match the color of the principal building(s).
Enclosures for existing development shall be constructed of masonry, stucco concrete
block, durable opaque PVC or any combination of these elements. Gates shall be
constructed of opaque materials in the manner provided in subsection (A), above.(F) Food handling establishments. All receptacles and bulk containers which temporarily
store garbage, liquid waste or food from food handling operations including, but not limited
to, bakeries, meat processing plants, or any business establishment where it is determined
that garbage, liquid waste, or food will be accumulated, shall provide a raised concrete
slab, a drain, and cleaning water facilities for such receptacles and containers and shall be
constructed in accordance with the provisions of the Florida Building Code.
Sec. 290-60. Maintenance.
Approved enclosures shall be maintained in good condition and appearance at all times. Gates
and latches shall be kept fully operable and shall be closed except during scheduled collection
periods. Enclosures and containers shall be cleaned periodically to prevent noxious or offensive
odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be
repaired or rebuilt whenever the pavement structure deteriorates.
Land Development Code
290-70. Location and access requirements.
A dumpster shall be placed for collection purposes in a location easily accessible to
authorized collection vehicles
Access for collection vehicles. Placement of dumpsters and enclosures shall be planned
and constructed in a manner that allows unobstructed access to each dumpster and the
unobstructed opening of the gates during the disposal process. Dumpsters shall not be
located in such a manner that the service vehicle will block any roadway designated on the
Broward County Trafficway Plan during the disposal process.
Location. The location of enclosures for new construction or additions requiring site plan
review shall be determined pursuant to the site plan review process. The location of
enclosures for uses not requiring site plan review shall be determined by the community
development director upon submission of a site plan or survey showing the location of the
building, the number and location of living units, lot size, existing and proposed
landscaping, the number and location of parking spaces, the location, service frequency
and capacity of the existing and proposed dumpsters.
Existing landscape areas. Existing landscaping may be removed to accommodate the
enclosure if there is no other feasible location to place the enclosure on site.
Shared between adjoining propefties. Enclosures for one (1) or more dumpsters may be
located along or across adjoining property lines, and may serve two (2) or more adjacent
properties, if affected property owners enter into a recorded restrictive covenant providing
for perpetual joint use and maintenance of the enclosure.
Sec.
(A)
(B)
(c)
(D)
(E)
City of Dania Beach 137 Draft: August 2010
Patt 2
Article 290
(F)
(G)
(H)
(t)
(J)
(K)
Land Development Code
Within parking areas. Enclosures may be located within or immediately adjacent to
parking areas, regardless of building setback lines. The applicant shall be permitted to
reduce the total number of provided spaces by two (2) if shown to be necessary to provide
space for the enclosure.
Enclosures located in nonresidential zoning districts shall provide the following setbacks:(1) Ten (10) feet from any residentially zoned or used property.(2) Five (5) feet from any nonresidentially zoned property.(3) Twenty-five (25) feet from any street.(4) Twenty-five (25) feet from any residential unit.(5) See sec. 307-30 for additional location standards applicable to CRA form-based
districts.
The community development director may reduce setback requirements for an existing
development if there is no other feasible location for the enclosure.
Enclosures located in residential zoning districts shall be located no further than one
hundred fifty (150) feet from any on-site dwelling unit (new development only).
Enclosures located in residential zoning districts shall be set back at least twenty-five (25)
feet from any on-site dwelling unit or outdoor recreation area (new development only).
When dumpsters are to be serviced from an alley, enclosures shall be angled thirty (30)
degrees and recessed off the alley approximately six (6) feet. Recessing the enclosure is
necessary so that gates do not open into the alley so as to obstruct traffic and so that
adequate sight distance can be preserved.
Sec. 290-90. Screening.
The perimeter of all dumpster enclosures shall be landscaped pursuant to sec. 275-170. There
are additional regulations in sec. 307-30 that apply to the CRA form-based districts.
Sec. 290-80. Waivers.
A property owner may request a waiver of the requirement for a dumpster enclosure in
accordance with the public notice requirement of article 625, variances.(A) Who may file. The owner of a tract of land or a duly authorized agent.(B) Where to flle. Applications shall be filed with the community development department on
forms furnished by the department.(C) Nonrefundable waiver fee. The fee shall be established by resolution of the city
commission, which fee shall be paid upon submission of an application.
(D) Submittal requirements. Applications shall contain the following documentation:(1) A site plan or survey showing the location of the building, the number and location of
living unrts, lot size, existing and proposed landscaping, the number and location of
parking spaces, and the location, service frequency and capacity of the existing and
proposed dumpster containers.(2) A typewritten narrative of alternate waste disposal and other trash management
options considered or available and the reasons why those options are not feasible,
suitable or desirable for the location in question.(E) Decision of the city commission. lf the city commission grants the waiver, the commission
may require the applicant to observe certain conditions such as providing additional
landscaping on the site, or a specific placement or orientation of the enclosure on the site
may be required. The action of the city commission shall be based upon consideration of
the following factors:(1) lmpact on abutting properties,(2) Whether the applicant's proposal adequately serves the goals and intent of this
article; and(3) Site limitations relating to size, dimensions, or parking.
City of Dania Beach 138 Draft: August 2010
Paft 2
Article 290 Land Development Code
Sec. 290-90. Administrative modification of standards.
A property owner may request that the community development director approve alternate
dumpster enclosure requirements relating to enclosure location, setbacks, size, material, or
color.(A) Who may file. The owner of a tract of land or a duly authorized agent.(B) Where to flle. Applications shall be filed with the community development department on
forms furnished by the department.(C) Nonrefundable modification fee. The city commission shall establish a fee for
modifications by resolution, which fee shall be paid upon submission of an application.(D) Submittal requirements. A site plan or survey showing the location of the building, the
number and location of living units, lot size, existing and proposed landscaping, the
number and location of parking spaces, and the location, service frequency and capacity
of the existing and proposed dumpster containers.(E) Decision of the community development director. lf the community development director
grants the waiver, the director may require the applicant to observe certain conditions such
as providing additional landscaping on the site, or a specific placement or orientation of
the enclosure on the site may be required. The action of the director shall be based upon
consideration of the following factors:(1) lmpact on abutting properties;(2) Whether the applicant's proposal adequately serves the goals and intent of this
section; and(3) Site limitations relating to size, dimensions, or parking.
Sec. 290-100. Amortization.
Existing nonconforming dumpsters shall be brought into compliance with the enclosure
requirements of thrs article by December 31 , 2008.
City of Oania Beach 139 Draft: August 2010
Part 3 Su bpa rt 1
Article 300 Land Development Code
PART 3 SPECIAL ZONING DISTRICTS.
SUBPART 1. COMMUNITY REDEVELOPMENT AREA
BASED ZONING DISTRICTS
(cRA) FORM-
Table of Contents:
District map
Article 300. How to use.
Article 301. Legal and administrative provisions.
Article 302. Detailed use regulations.
Article 303. District development standards.
Article 304. Building height and transition regulations.
Article 305. lncentives.
Article 306. Parking and loading regulations.
Article 307. Landscaping regulations.
Article 308. Signage regulations.
Article 309. Additional development standards.
Article 310. Building types.
A(icle 31 1 . Frontage types.
Article 312. Civic open space; standards and guidelines
City of Dania Beach 140 Draft: August 2010
Part 3 Subpart 1
Article 300 Land Development Code
ARTICLE 3OO. HOW TO USE.
Sec. 300-10. The CRA is divided into six form-based districts.
The Community Redevelopment Area (CRA) is divided into several zoning districts. Six (6) of
those districts are form-based districts that are unique to the CRA. Each district has a set of
regulations that apply to it, called "district development standards" in article 303. The district
standards rnclude:(A) A generalized list of permitted uses. The detailed list of permitted, special exception and
prohibited uses is in article 302, discussed further in sec. 300-20, below.(B) Building placement and height standards, discussed further in sec. 300-30, below.(C) The types of buildings that can be constructed. There are eight (8) "types" of buildings
based upon the building's function and character, discussed further in sec. 300-40, below.(D) The types of ground story configurations that are allowed along street frontages, called
"frontage types", which are discussed further in sec. 300-50, below.
Sec.
(A)
300-20. How to determine permitted uses.
The district standards in article 303 for each district contain a simplified list of permitted
uses. The purpose of the simplified list is to give the reader a quick reference guide to the
general types of permitted uses and special exception uses in each district. For a detailed
list oi permitted uses, consult article 302.
Having more than one (1) type of use on a lot ("mixed-use) is encouraged in many
districts. Sec. 302-40 determines which types of use can be mixed within a lot or within a
building, and any conditions for doing so. Sec. 302-10, the list of permitted, special
exception and prohibited uses, is organized by use type to correspond to the use types
listed in sec. 302-40 and again in the generalized permitted uses lists in the district
regulations of article 303.
Within many of the zoning districts, some uses may be permitted on lots fronting primary
streets, but not along secondary streets, and vice versa.
(B)
(c)
Sec. 300-30. How to determine the buildable area of a lot, allowable density and building
height.(A) The district standards in article 303 for each district include a map showing maximum
allowable height within the district. Permitted height varies within some districts based
upon location. Article 304 has the rules for interpreting the maps.(B) Permitted height and density is identified as "by right" and "with incentives." This means
that in order to exceed the height, density or both permitted "by right", the developer must
earn incentives sufficient to achieve the maximum height, density or both permitted on the
lot. lncentives are detailed in article 305.(C) The district standards in article 303 for each district specify build{o-lines, setbacks,
minimum open space, and where parking facilities can be sited. Mandatory build{o-lines
in lieu of minimum setbacks is one of the aspects that make these regulations form-based.
Sec. 30040. How to determined the allowable kinds of buildings; an explanation of
building types.
Buildings are classified into eight (8) types based upon their characteristics. For example, a row
house building type is different than a mansion apartment building because mansion apartment
buildings are designed to look like large single-family detached dwellings, and rowhouses
cannot be mistaken for a detached single-family dwelling. Regulation of building types is one of
the aspects that makes these regulations form-based. Certain building types may be permitted
on primary streets but not secondary streets, and vice versa within a district.
City of Dania Beach 141 Oraft: August 2010
Part 3 Subpart 1
Article 300 Land Development Code
Sec. 300-50. How to determined the allowable kinds of building fronts; an explanation of
frontage types.(A) Where to find. Every district allows certain frontage types in the district standards of article
303 The frontage types correspond to the allowable building types. The details of each
frontage type are provided in article 31 1 . Regulation of building frontages is one of the
aspects that makes these regulations form-based. Certain frontage types may be
permitted on primary streets but not secondary streets, and vice versa, within a district.
Example. Every building has a front side with one or more entrances. The front of a retail
building, for example, usually has a lot of window area for the display of merchandise, and
the entrance to the storefronts is immediately next to the sidewalk, and at the same grade
(elevation) as the sidewalk. lf the potential customer had to climb a stair to get to the
store, he or she wouldn't be able to see inside the display windows, and might not want to
expend the effort needed to climb the stairs. Therefore, the "shopfront" type of frontage
would require the characteristics of faqade design, entrance location and configuration,
and setback from the sidewalk that are necessary for retail to be successful.
Example. An apartment building, on the other hand, needs to afford some privacy to its
ground story residents, so it is set back a little further from the sidewalk, perhaps with
some landscaping or private yards abutting the sidewalk, and the entrance is above-grade
to reinforce the transition from the public sidewalk to private property and allow ground
story windows to be above eye level at the sidewalk. The entrance to the building or
ground story units may even be off a private courtyard. Therefore, "stoop", "dooryard" or
"courtyard" frontage types would be appropriate for multiple-family buildings based on the
characteristics of fagade design, entrance location and configuration (i.e. elevated above
the sidewalk or situated behind a small private yard), and setback from the sidewalk which
is necessary for quality urban living conditions.
Sec. 300-60. Other development regulations.(A) Article 306 contains parking and loading standards.(B) Article 307 contains landscaping standards.(C) Article 308 contains signage standards.(D) Article 309 contains general regulations that address fences, screening, required
improvements, and more.(E) Articie 312 includes standards for open space design.(F) Article 525 contains architecture and urban design standards.
Sec. 300-70. Commonly used abbreviations.
BTL build{o-line
du/ac Dwelling units per acre
feet
ft feet
max maxtmum
m tntm ummtn
ROW Street line (ultimate edge of righlof-way)
square feetsf
EDBB, WDBB East Dania Beach Boulevard, West Dania Beach Boulevard
City of Dania Beach 142 Draft: August 20'10
Abb]"eviati*l Full name
Part 3 Su bpart 1
Article 300 Land Development Code
S. Fed. Hwy South Federal Highway
UU City Center District
EDBB-h/U East Dania Beach Boulevard Mixed-Use District
GTWY-MU Beach Gateway Mixed-Use District
SFED.MU South Federal Highway Mixed-Use District
NBHD-MU Neighborhood Mixed-Use District
NBHD.RES Neighborhood Residential District
Sec. 300-80. lntent.
The Community Redevelopment Area (CRA) encompasses predominantiy single-family and
two-family residential neighborhoods, a downtown commercial district, two commercial
corridors, and industrial acreage. The CRA Redevelopment Plan identifies the redevelopment
path that is needed for the CRA. lndustrial development and redevelopment is in large measure
going to be a function of infrastructure improvements and other capital projects, while
redevelopment of the remainder of the CRA is largely going to be a function of urban
development standards that will not only assist in the redevelopment of the area, but will shape
the form it takes consistent with the CRA Redevelopment Plan objectives.
The following are the specific objectives of the urban form standards:(A) Encourage and facilitate redevelopment through:(1) Redevelopmentincentives(2) Clearly identifying how any given property can and should be developed(3) Providing developers with certainty and predictability in the development review
process through clear and certain direction as to the desired development outcome(4) Allowing a wide range of land uses to accommodate real estate market cycles(5) Providing flexibility in the permitted uses of land while not precluding re-use for the
primary intended uses, nor precluding infill of urban intensity. Examples include
allowing several uses within a building that is designed to ultimately house a
research and product development use, or future ground floor retail that may not be
supported by current market conditions(6) Allowing maximum build-out of commercial and mixed-use properties by eliminating
or minimizing building setbacks and on-lot open space requirements(7) Establishing development standards that are most appropriate to the small lots,
urban block patterns, alleys and narrow streets within parts of the CRA(8) Flexible parking facility siting alternatives(B) Long-term planning(1) Whenever a site is developed at a relatively low intensity relative to the maximum
permitted intensity, the site and improvements thereon should be designed and
constructed to enable buildout of the site at the maximum allowable intensity at some
future time without the need for substantial demoljtion. Known as "beginning with the
end in mind," this approach may, for example, involve designing and constructing
buildings to accommodate vertical expansion and designing surface parking lots to
eventually accommodate a parking structure.(C) Transit-Oriented Development(1) Allow mixing of land uses within a building or property.(2) Allow vertical development; allow structured parking.(3) Park-once and walk to multiple destinations within the CRA; centralized parking,
shared parking, on-street parking, internal trip capture, and modal split parking
red uctions.
City of Dania Beach '143 Draft: August 2010
Part 3 Subpart 1
Article 300 Land Development Code
(D) Build a vibrant community within a community(1) Activate the sidewalks by building close to the street with parking facilities behind
buildings, and by controlling the interface between building and sidewalk.(2) Maintain, and enhance when possible, the stability and property values of residential
neighborhoods through compatible transitions to nonresidential properties, and
through building form standards that bring new or expanded dwellings closer to the
street with a renewed emphasis on the front yard.(3) Encourage development that minimizes its impact on natural resources.(4) Encourage development that provides urban amenities and pedestrian conveniences
for the enjoyment of the general public and contribute to place making.(5) Bring buildings to the roadway, ensure proper proportioning and require continuous
building facades to "enclose" designated streets in order to help create a lively and
visually appealing environment that invites people to live, locate businesses, and
spend time shopping, dining and interacting with others.(6) Foster a safe pedestrian environment by increasing the opportunity for day and night
activity on the public sidewalks and by ensuring "eyes on the street" through mixing
of uses, fenestration and access standards.(7) Rernforce the interconnectivity of the urban components of buildings, streets,
sidewalks, open spaces, transit facilities, and parking facilities.(8) Encourage visual interest by ensuring the building and visual landscapes are
accented rather than their parking facilities.(9) Require the location of on-site parking facilities in the rear yard, accessed when
possible through rear alleys or side streets.
City of Dania Beach 144 Draft: August 2010
Part 3 Subpart 1
Article 301 Land Development Code
ARTICLE 301. LEGAL AND ADMINISTRATIVE PROVISIONS.
Sec. 301 -10. Short title.
The provisions of part 3, subpart 1 of the land development code shall be referred to as the
"Community Redevelopment Area form-based districts", or "CRA form-based districts".
Sec.
(A)
30'l -20. Applicability.
The CRA form-based district regulations shall specifically prevail over all other regulations
of this code in the case of conflict.
All development is subject to the maximum intensity limits permitted within the CRA form-
based districts by the comprehensive plan. Therefore, the comprehensive plan should be
consulted to ensure the consistency of any development proposal with the land use plan.
(acreage, dwelling units, etc.).
ln the event of a conflict between text and any illustration or graphic, the text shall prevail.
ln the event of a conflict between district boundary maps and the official zoning map, the
official zoning map shall prevail.
C
D
(B)
Sec. 301-30. Nonconformities.
Nonconformities shall be governed by article 710 except as provided an this section.(A) Nonconforming characteristics of use not addressed in article 710, including but not limited
to, location of parking facilities, access to parking facilities, design and architecture, and
other requirements unique to the CRA form-based districts shall be subject to the same
rules, thresholds and conditions for compliance as nonconforming buildings and
structures.(B) Nonconforming buildings and structures.(1) Modification to the shell or interior of nonconforming buildings or structures is
permitted without triggering compliance of said building or structure with these
regulations.(2) Expansion. The expansion of a nonconforming building or structure is permitted as
long as the cumulative square-footage of such expansion within any five (5) year
period does not exceed twenty-five (25) percent of the gross floor area of a building
as it existed upon the effective date of these regulations. ln the event that the
cumulative five (5) year threshold is met, compliance with these regulations shall be
required if the city determines that substantial compliance with these regulations can
be achieved without compromising the intended use of the expansion and logistics of
the building and site layout.(C) Nonconforming singleJamily dwellings. Nonconforming single-family dwellings existing on
the effective date of this subpart and their accessory structures may remain in perpetuity
and may be repaired, rebuilt and expanded regardless of nonconformity with the
provisions of this article. Once a single-family dwelling is replaced with another use, no
single-family dwelling can be re-established on the lot.
Sec. 301-40. Site plan procedures.
Applications for site plans shall be governed by the requirements of article 635. Prospective
applicants for site plan approval are encouraged to submit for conceptual approval prior to
finalizing and submitting a formal site plan application. Conceptual approval offers the
developer an immediate opportunity to obtain feedback from the crty's professional staff and
decision makers as to the project design, architecture, application for incentive bonuses, and if
necessary, design variations (see 301-50 below). The conceptual approval process, submittal
requirements, application fee, and schedules shall be established administratively.
City of Dania Beach 145 Draft: August 2010
Part 3 Subpart 1
Article 301 Land Development code
Sec.
(A)
(B)
(c)
(D)
(E)
301-50. Variations in design; procedure for review of design variations.
lntent and purpose. The CC, SFED-MU, EDBB-MU and NBHD-MU districts emphasize
urban design prrnciples in order to effect attractive and functional mixed-use urban
redevelopment that is unique to the City of Dania Beach's urban center, corridors and
neighborhoods within the CRA. ln order to accomplish this, the four above-referenced
districts have specific, prescribed development standards rather than minimums and
maximums, to define the urban form of future development. lt is the intent of this section
to provide a mechanism for evaluating and granting requests for variation from the
standards and requirements of these regulations that can occasionally be expected for the
following reasons.(1) To acknowledge the variation in conditions that exist, and the difficulty of accounting
for them in a design-specific regulation.(2) To facilitate design interpretations and alternatives that work as well as the
prescribed standard.
Applicability. The city is authorized to approve design variations within the CC, SFED-MU,
EDBB-MU and NBHD-MU districts that are consistent with the intent of this section, using
the procedure and criteria of this section in lieu of the variance process of article 625.
Design-based variations shifts the focus of review from hardship to design and logistics
issues. Design variations are not authorized for varying the following code requirements.
which are not specific to the regulations of this subpart:
(1 ) Maximum height;(2) Maximum density;(3) Maximum impervious area;(4) lvlaximum lot coverage;(5) Minimum open space;(6) Parking and loading;(7) Signage
Procedure.(1) Design variations associated with site plan and sjte plan modifications shall be
considered as part of such site plan or modification applications.(2) Submittal requirements shall be established administratively.(3) The request for design variation shall be evaluated based upon the criteria set forth
in this section, and the procedures for processing site plans in sec. 635-70 (site
plans) and 635-80 (site plan modifications).
Standard of review for design variations. The planning and zoning board or city
commission, as applicable, shall use the following criteria when evaluating requests for
design variation.(1) \Mether the request is for a reasonable accommodation of design flexibility that results in
overall superior development and design mnsistent with the intent and principles of this
subpart that govem the standard for which variation is requested; or,(2) Whether the variation is appropriate to accommodate site condrtions not anticipated rn
these regulations, or to reconcile conflicting requirements, provided the request is
generally consistent with the intent and principles of the this subpart that govem the
standard for which variation is requested.
Variance procedure. Variance requests shall be processed pursuant to article 625 .
City of Dania Beach 146 Draft: August 2010
Part 3 Subpart 1
Article 302 Land Development Code
ARTICLE 302. DETAILED USE REGULATIONS.
Sec. 302-10. Permitted, special exception and prohibited uses.
Districts
EDBB-
MU
SFED-MU
Principal Street Frontage
ocoO
=o
(I]
(Do
UJ
oo
q)E
o
>aIc,o!!o'=l.! c),Eaa
aoo
a
0)E
f
i
F(,
l
or(I]zz
aujtoI(Dz
Legend:
P = Permitted
SE = Special Exception use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
ffi = *ot Permitted
Abbreviations:
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
Mixed resadential and commercial use
Accessory uses P P
P PParks
Plazas P
Pocket parks P P P
Tot lots P P P P
Urban agricultural gardens SE SE
Accessory uses P P P P P P P P
Apartments, ground story (2\(2)(2)
Apartments, upper story P P P
Community residential home (3)(3)
Home-based assembly [subject to sec. 105-
1001 P P P P P P P P
Home occupations [subject to sec. '105-80]P P P P P P P P
Multiple-family residential (2\
Sin gle-family detached resldential P
Two-family (duplex) residential (1)
Accessory uses
Art galleries, bookstore
EEEEEEE
EEEEETEEEEETEEEEEEEEEEEEEEEE
ETTTEEEITil T
EEEEE
EEEEEEEEEEEEEEEItr
rE
EEEE
City of Dania Beach 147 Draft: August 2010
MIXED USE lsubject to sec. 302-401
NP
OPEN SPACE [subject to article 312]
NP
NP
NP NP
RESIDENTIAL
NP
NP
NP (2\
NP
(12\
NP
(12\
NP
\12)
NP
(12)
NP
(12')
NP
(12)
NP
(12\
NP NP NP NP NP NP NP
MIXED-USE COMMERCIAL (uses that are compatible with residential uses on adjoining stories)
Part 3 Subpart 1
Article 302 Land Development Code
Legend:
P = Permitted
SE = Special Exception use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
ffi = ruot Permitted
Abbreviations:
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
Districts
0.)
E
o)O
=o
EDBB-
MU
SFED-MU
l
=F
l
oI
cozz
a
I.JJ
tr_oIG)z
Principal Street Frontage
co
c0otll
0)
OJ
C)E
=aIc.o:o!oEuo.-caa
o0)
0)-c
Bank and financial institutions P P P P P
Convenience food store (8)(8)(8)(20)P P
Copy, printing shop P P P P P
Day care center (pre-K)P P P P P P P
Drive{hrough service [sub.iect to sec. 1 10-
1901 (4)SE (4)P
Dry cleaning establishments, excluding self-
service laundries, for direct service to
customers
P P P P P
General office use, including business, sales,
professional, real estate, insurance, travel
agent, information technology
P P P P P P P
P P SE P (20)P P
Large retail establishment P P P P NP
Medical offices, excluding pajn management
clanics P P P P P P P
Personal service establishments P P P P P P P
Pet shops (excluding cats, dogs, birds) and
pet supplaes P P P P
Restaurant; outdoor dining accessory lo a
full-service restaurant, bar, ice cream shop,
or internet cafe
(5)(5)(5)(s,
201 (5)(5)
Retail sales (7)(7)(7)(7\(20)(7)\t )
Retail sales of baked goods, confectionaries,
delicatessen P P P P (20)P P
Self-service or coin operated laundry lsubject
to sec 1 10-1901 SE
Studios for individual instruction or tenant
workspace for art, music, drama, martial arts P P P P P P P
City of Dania Beach 148 Draft: August 2010
NP NP NP
NP lrup
NP NP NP
NP
NP NP NP NP
NP NP NP
NP
I Generat repair shop NP
NP NP NP
NP
NP
NP NP NP NP
NP NP
NP
NPI
NP NP NP NP NP NP NP
NP
Legend:
P = Permrtted
SE = Special Exception use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
@ = Not Permitted
Abbreviations
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
Districts
o
C
0)o
O
EDBB-
MU
SFED.MU
0)o
oc
=aIc.(!-o E'(I),EL! c.),.8u)a
a
0)
0.)
0)-c
co(I)
tJ
I.JJ
U)
uJtoI
coz
Accessory uses
Hotel, extended-stay hotel, condominium-
hotel, or time-share containing at least 75
rooms or keys
Motels
Academic schools
P P P P
NP NP
P
(e)
P
(e)
SE
(e)(20)P NP
SE SE SE SE
Accessory uses P P P P P P P P
Auditoriums and conventron halls (6)(6)NP (6)sE(6)NP NP
Museums, libraries P P P P P P
Charitable clubs, lodges, cavic or fraternal
organ izations. excluding social service
providers
SE
(6)
SE
(6)
SE
(6)
SE
(6)
SE
(6)
SE
(6)
City of Dania Beach municipal uses (police,
fire, administration, parks, public parking,
etc.), private open space
P P P P P P P P
Colleges, specialty schools, excluding
student housing P P SE P SE P NP
Marine schools, including on-campus student
housing SE SE SE SE SE
Place of worship (6)(6)(6)(6)(6)(6)
Recreation center, athletic facility with
spectator seating
(6)(6)(6)(6)(6)(6)
Residential care facility
Accessory uses P
P
P
P
P
SEI
P P P
Athletic and health clubs, fitness studios P P
149 Draft: August 2010
Part 3 Su bpart 1
Land Development Code
I l
o-(Dzz
,
+
=Fo
Principal Street Frontage
LODGING
P P P P
Boarding house NP NP NP NP NP NP
NP NP
NP NP NP NP NP NP NP NP
(
NP NP NP NP
(6)
P NP
NP NP
NP
NP NP NP
NP NP
NP
NP NP NP NP NP
P P
NP(20)P f€o)Tcl-
City of Dania Beach
Part 3 Subpart 'l
Article 302 Land Development Code
Legend:
P = Permitted
SE = Special Exception use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
ffi = *ot Permitted
Abbreviations:
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
Districts
oc0)
EDBB-
MU
SFED.IVlU
l
i
Fo
l
oI(Dzz
a
uJd
I
coz
Principal Street Frontage
mmo
I.JJ
o0)
o.C
>aIc.(6E1)o=tJ-o
U) U)
ID0)
a
IDc
Auto parts sales P P
Group instruction in art, music, drama,
martial arts, aerobics, crafts
P P P P P P P
Office, other P P P P P P
Outdoor produce sales (fresh fruit,
vegetable, plant and flower retail sales),
accessory to a retail use that primarily sells
uncooked food, or beverages or both.
lsubject to sec. 1 10-1 901
Private or public parking structure as a
principal use
(10)
P
(10)
SE SE
(10)
SE
(20 )
SE
(10)
SE
(10)
Private or public surface parking lot as a
principal use P P P P D P P
Transit station
Accessory uses
P
P P P P P P
P
P P
Arcade or amusement center SE SE JE SE SE
Bar lsubject to sec 110-50]P P P P SE
Bingo hall SE
(6)
SE
(6)
P
(20)
(6)
SE
(6)
Live entertainment accessory to a full-service
restaurant, coffee house or similar
establishment
P P P (20)P SE
Nightclub [Alcoholic beverage establishments
are subject to sec. 1'10-501 SE SE SE SE SE
Movie theatre SE
(6)
SE
(6)
SE
(6)
SE
(6)
City of Dania Beach 150 Draft: August 2010
NP NP NP NP NP NP
NP
P NP
NP NP
TRANSPORTATION-RE LATED
NP NP
NP
NP NP NP NP NP NP
ENTERTAINMENT
NP NP NP
NP NP NP
NP NP NP NP
NP NP
NP NP NP
NP NP NP NP
Part 3 Subpart 1
Article 302 Land Development Code
Legend:
P = Permitted
SE = Special Exceplion use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
= Not Permitted
Abbreviations:
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
tr
Districts
0)cc)(_)
=o
EDBB.
I\,U
SFED-MU
l
Fo
f
oId)zz
auJtoI
z
Principal Street Frontage
mmo
uJ
a
n)(:)
(!).c
=
>aIc,(5PP
Lr q),.EU) U)
t,
0)o
U)
q)c=
PP
P
(21)
P
P
P
(21],
P
(21)
P
P
P
SE
SE
P
(21)
P
(21]'
P
P
P
(1 1)
P
SE
P
(?1)
P
P
SE
P
(21]'
P
Pari-mutuel facility
Accessory uses
Auction house for fine arts and antiques
Automobile sales showroom, marine
equipment sales showroom
Bail bondsman
Car wash (principal use)
Check-cashing stores, pawn shops, gun
shops, flea markets
Drug or alcohol rehabilitation facility,
treatmenl center, or clinic (inpatient or
outpatient)
Fortune tellers, palmists, clairvoyants or
astrologists [subject to sec 110-190]
Funeral homes, mortuaries
Liquor stores, package stores [subject to
sec. 110-501
Outdoor display of new materials and
equipment
Penal, correctional, re-entry facility, or half-
way house for adult or juvenile offenders
Pet shops and pet supplies, including dogs,
cats or birds
Retail motor fuel pumps, car washes,
accessory to any other use
Retail sales, including thrift shops and
consignment shops
Sales, storage, or display of lumber or
building materials
(13)(13)
Draft: August 2010151City of Dania Beach
NP NP NP NP NP NP NP
RESTRICTED COMMERCIAL
NP NP NP NP
NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP
NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP
NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
Part 3 Subpart 1
Article 302 Land Development Code
Districts
EDBB-
MU
SFED-MU
Principal Street Frontage
q)
c
o)(,)
=o
(I](no
uJ
o
0)
a
(!)E
>aIc,oEEoEtLo._caa
oo)
a
c)Eo
l
BF
l
oImzz
auJtoImz
Social service providers and agencies
Tattoo, body art, or body piercing lsubject to
sec. 1 10-1901
Temporary employment agency, day labor
office
Temporary uses Isubject to article 675I
Legend:
P = Permitted
SE = Special Exception use
(#) = Permitted subject to the restriction in
sec. 302-20 having the same number that
is within the parenthesis
EDBB = East Dania Beach Boulevard
SFED = South Federal Highway
Abbreviations.
= Not Permitted
Veterinary clinic, indoor-only kennel
Accessory uses
Assembly, repair, and fabrication of pre-
manufactured art ob.iects, apparel, jewelry,
and home furnishings accessory to a
principal retail use
Cabinet or furniture shop
Contractor shop
Food processing or warehouse facility
Outdoor storage
Sign fabrication and sign printing shops SE
(16)
Vehicle (including RVs and watercraft)
assembly, repair, paant and body shops, auto
glass shops; storage, warehousing, sales,
display, leasing, and rental
Warehouse (including self-storage
warehouse), industrial, or manufacturing use
Welding, sheet metal, tool and die, furniture
or cabinet manufacturing
Wholesale sales
EEEE
E@
E
City of Dania Beach 1s2 Draft: August 20'10
SE NP NP SE NP NP NP NP
SE NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
P P P P P P NP
(21)(21)(21\(21)(21)(21)NP
INDUSTRIAL, OTHER
P P P P
(15)(1s)NP (15)NP NP (15)NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
NP NP NP NP NP NP NP NP
Land Development Code
Sec. 302-15. Use not specifically listed
Uses not specifically listed as a permitted use or special exception use in the table provided in
Sec. 302-10, but which the community development director determines are similar to a listed
permitted or special exception use in character and impact on adjacent properties, and are not
defined or listed within this Land Development Code, under any other zoning district, shall be
permitted in accordance with the requirements for such similar use.
Sec. 302-20. Conditions of use.(A) The following are the conditions of use that correspond to the numbers in the schedule of
permitted, special exception and prohibited uses.(1) Two-family (duplex) dwellings may be constructed only on vacant lots that satisfy the
minimum lot size criteria of eight thousand (8,000) square feet and minimum width
requirement of eighty (80) feet, or are under common ownership with an adjoining
vacant lot that, if combined, could satisfy the minimum lot criteria for a duplex
dwelling. Any such lot occupied by a single-family dwelling cannot be converted or
redeveloped for two-family dwelling use.(2) Multiple-family dwellings:(a) City Center District: apartments on ground story are permitted only on
secondary streets, and primary streets outside of the city center core.(b) Neighborhood Residential District: multiple-family dwellings are permitted only
on lots that were zoned RM, RM-'I, RM-2, or RM-3 immediately prior to the
adoption of this code. Permitted building types for multiple-family dwellings are
limited to mansion apartment house and rowhouse with porch, balcony over
porch, stoop and dooryard frontage types. Maximum permitted height is three
(3) stories for rowhouses and two (2) stories for mansion apartments houses.(c) All districts: ln all districts where ground story apartments are permitted, they
must be part of an apartment building of at least two (2) stories.(3) Community residential homes, type 2 are subject to the restrictions on frrst floor
residential use, where applicable (see "multiple-family dwelling units on ground story"
in permitted uses table).(4) Drive{hru service, including vehicular stacking lanes, are prohibited except in the
rear yard, and shall not be permitted within one hundred (100) feet of a
Neighborhood Residential District, provided that no dnve{hru window or stacking
lane shall be visible from any street. There shall be a minimum distance separation
of five hundred (500) feet between lots with drive{hru facilities on the same side of
any street.(5) Outdoor dining shall be permitted upon a finding by the community development
director that the outdoor furnishings are consistent with the CRA design guidelines,
comply with fire department access requirements, and do not interfere with public
pedestrian access.(6) Uses that qualify as places of assembly are permitted subject to a minimum distance
separation of fifteen hundred (1,500) feet, measured from property line to property
line, between any two (2) assembly uses. Sec. 700-140 provides more detailed
information as to how minimum distance separation is measured.(7) Retail use includes the retail sale of groceries and unprepared food products, gifts,
drug and sundry items, wine, appliances, carpet and floor coverings, home
furnishings, office supplies, sporting goods, electronics, photographic equipment,
musical instruments, jewelry, art, crafts, apparel, hardware, paint, wallpaper, floor
coverings, lighting, flowers, toys and hobby items, antiques, and includes caterers.(8) Convenience stores, subject to:
City of Dania Beach 153 Draft: August 2010
Part 3 Subpart 't
Article 302
Part 3 Subpart 1
Article 302 Land Development Code
(a) Minimum one thousand (1,000) feet of separation from an existing convenience
store.(b) Location within a building containing at least fifteen hundred (1,500) square
feet of other commercial, retail, or office uses.(c) Location within a freestanding building or on a shopping center out-parcel is
prohibited
(9) Hotels, sub.ject to.
(a) City commission allocation of LAC or RAC rooms/units.
(b) Guestroom access shall be via interior corridors.(c) HVAC units shall not be visible from the exterior of the building.(d) Parking, seryice or loading areas shall not be located within twenty-five (25)
feet of a residential zoning district unless separated by a street, canal, or rail
line, or located entirely within an enclosed building.(e) Overnight commercial vehicle parking is prohibited.
(10) Outdoor produce sales, subject to the following conditions.(a) Applicant shall submit a plan showing the size and location of display and sale
area.(b) Display and sale area shall be set back twenty-five (25) feet from any lot line
abutting a public street, shall not occupy more than two (2) parking spaces,
shall not be located within a driveway or drive aisle, shall not exceed a total
area of two hundred (200) square feet and shall be maintained in a neat and
orderly condition.(c) Such uses shall be separated by at least one thousand (1,000) feet from any
other such use.
(11) A pari-mutuel facility which was permitted by the State of Florida pursuant to chapter
550, Florida Statutes, and which was in existence on June 23,1981. Any language in
this article to the contrary notwithstanding, the exclusive procedure for review of and
the criteria which shall be used to evaluate and grant all city approvals which are
required to construct a capital improvement to a pari-mutuel facility shall be those
provided in section 550.155(2), Florida Statutes.
(12) Nonconforming single-family dwellings are addressed in sec. 301-30.
(13) Motor fuel pumps. Retail motor fuel pumps only on lots with vested rights to such
use, subject to sec. 1 10-90 (motor fuel pumps and minor automobile repair
establishments).
(14) Reserved.
(15) Assembly, repair, and fabracation of premanufactured art objects, apparel, jewelry,
and indoor home furnishings accessory to a principal retail use, subject to the
following:
(a) Activity shall be accessory and incidental to a permitted retail use and shall be
conducted within a completely enclosed building.
(b) Activity shall not exceed two thousand (2,000) square feet in floor area.
(c) Activity shall not be visible from any street.(d) Conditions (b) and (c) may be waived by the city commission upon a flnding
that the proposed activity does not produce objectionable noise, fumes, or
odors impacting adjacent commercial and residenttal uses.
(16) Sign shops within a fully enclosed building (excluding metal fabrication, sand blasting
and spray painting processes).
(17)-(19) Reserved.
City of Dania Beach 154 Draft: August 2010
Sec.
(A)
Part 3 Subpart 1
Article 302 Land Development Code
(20) Permitted only on parcels with lot frontage on US-1, and lots with frontage on Dixie
Highway within the SFED-MU District.
(2'l) All uses with this restrictron shall be located in a freestanding building not containing
other uses other than restricted, entertainment or industrial uses, provided that pet
supply stores that do not house or display dogs or exotic birds (parrots, parakeets
and other vocal varieties) are not subject to this requirement.
Sec. 302-30. Other use regulations.
Additional use regulations are located in articles 100, 105 and 110
30240. Mixing of uses.
Mixing of uses within a lot is permitted in all mixed-use districts (CC, SFED-MU, EDBB-
MU, GTWY-MU, NBHD-MU) subject to this section. This section identifies the use groups
that can be incorporated into the same building or lot with residential use in all mixed-use
districts. Note that nonresidentlal and institutional uses cannot be located above a
residential use. Permitted and special exception uses are classified rnto eight use
categories, Iisted below in loose order of highest to lowest compatibility with residential
USES:(1) Residential(2) Lodging(3) Mixed-use commercial (given its name because it is appropriate for mixing with
residential).4) Civic,institutional5) General commercial6) Entertainment7) Transportation(8) lndustrial(B) The following schedule shows the compatibility of each category of use with residential
use, ranging from those uses allowed within the same building, but a different story as
residential use (veftical mixed-use), to those uses that are not permitted to be on an
adjacent lot to residential use. Mixing of uses not otheMise permitted in this subsection
may be permitted by special exception.
[This space left intentionally blank]
City of Dania Beach 155 Draft: August 2010
Part 3 Subpart 1
Article 302 Land Development Code
Legend:
P = Permitted
SE = Special Exception Use
NP = Not permitted
(#) = Permifted subject to the
corresponding conditions below
the table
Use Categories
(The permitted uses table is divided into the use
cetegories in the columns below, based upon their
compatibility with residential uses.)
Type of Mixed Use Configuration
o.9rr(.,?o!, F:OF><E
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1 Vertical mixed-use directly
below a residential story P NP P P NP NP NP NP
2 Vertical mixed-use with
minimum 1 intervening story
separating the nonresidential
use from a residential story (3)
P P P P P NP NP
3 Permitted as a mixed-use in
different building on same lot
with residential
P l2l NP NP
4 Permitted on a lot adjoining
residential or residential
mixed-use
P P P NP NP
(1) Requires a minimum of two (2) intervening stories between any story with an
entertainment use and any story with a residential use, as well functionally
appropriate separation of the uses, which may include but is not limited to extra{hick
concrete floors, soundproofing on ceilings, walls and sound-containing openings,
operational standards and time limits, or other proven technique acceptable to the
city.(2) Horizontal mixing via separate buildings is permitted, subject to compatible
integration of buildings. Compatible integration shall ensure, at a minimum, that
residential uses are not facing, proximate to or accessed through nonresidential
loading areas, and that all buildings within the development share some design
elements or otherwise have compatible architectural style. Building setbacks and
landscape buffers for mixed-use developments where the residential use is located
in separate building(s) from the nonresidential use(s) but integrated into the overall
development, shall be determined based upon the design of the proposed
development as reflected in a master plan or site plan, as appropriate.(3) lntervening story must be used for any nonresidential use that is permitted to be
vertically mixed directly below a residential story.
City of Dania Beach
(1)
(21 (2)(2\(2)
P P P
156 Draft: August 2010
Part 3 Subpart 1
Article 303 Land Development Code
ARTICLE 303. DISTRICT DEVELOPMENT STANDARDS.
Sec. 303-10. Applicability.
Each district has its own set of development standards in this article, many of which are used in
varying combinations to control the form that buildings take and their placement and relationship
relative to the street. All provisions of this article are requirements. All standards for which
there is a BTL or minimum or maximum shall read as "required BTL", "minimum required" (or
requirement per context), and "maximum permitted".
Sec. 303-20. Abbreviations used in this article.
-&Urv!:!!e!!-Meaning
feet
St,street
Ave avenue
EDBB East Dania Beach Boulevard
WDBB West Dania Beach Boulevard
S. Fed. Hwy South Federal Hiqhway
NBHD Neiqhborhood
GTWY Gateway
FEC Florida East Coast Railway
Sec. 303-30. lllustrated development standard defi nitions; interpretation.
The district development standards consist of the following:(A) Building and parking placement:(1) "8" in diagram . Sidewalk dedication:
when existing right-of-way is insufficient
for wide sidewalks, on-street parking, or
both, as specified on the street sections
approved by the city commission in the
CRA Redevelopment Plan, a dedication is
required pursuant to sec. 309-10.(2\ "C" in diagram. Build-to-line (BTL) or
setback: the regulations require either a
BTL, a paired min. and max. setback, or a
min. setback for all buildings.
A BTL is an exact building setback line
parallel to the block face, upon which the
entire building facade of at least the
lowest (3) stories must be built, except as
provided for jogs in the faEade (see "El,
Ex"), and allowable encroachments such
Figure 303-'l
Rcar
.,
l-r - ' t-\
as arcades and stoops.(3) Primary and secondary street I I I I L"t Botrndaric"
standards, as shown in Figure 303-t
-
Buildinq
and Table 303-1. a primary street shall
always be considered the front street. ln
the case of two primary streets, both must be treated as the front street. Primary
street standards govern all buildings with primary street frontage, regardless of any
corner side frontage on a secondary street. Secondary street standards govern
buildings that front only upon one or more secondary streets.
built-tolineBTL
Min minimum
Max maximum
%percentage
NP not permitted
floor area ratioF,A, R
Du/ac dwellinq unit per acre
transit orienled developmentTOD
Feet; square feetFtt sf
City of Dania Beach 157 D.aft: August 2010
c
I
H.
!'
-a
Second laver
Bldg .rn,i p.r i<.ra1
First I
Buil lin t){
{r
ralk dedication
Pdmrv Srrwt
Land Development Code
Table 303-1
(4) 'D" in diagram: Layers: the
buildable area of each lot (portions
of the lot not required for setbacks
and yards) is divided into a first layer
and second layer demarcated by
imaginary lines for the purpose of
regulating which of the following
activities can occur in each: building, surface parking or structured parking. The first
layer is comprised of the front 20-30 feet of a lot (varies by zone), measured from the
BTL, and is the part of the lot that the building must occupy when a BTL is
established. The second layer is located to the rear of the first layer, and generally
represents the area where parking, building or both can occur. See also figure 303-
2.(5) Shown in figure 303-2: Street line is the back edge of the right-of-way, after any
required dedications. ln this illustration, the street lane is the back edge of the
sidewalk. This represents the transition from public realm to private property.
Figure 303-2
t
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'r.tlFsu,IJtr
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(B) Building frontage: regulates the undulation of street-facing building facades.(1) "E1" and Ex" in diagram. Min. building frontage requirement: regulates how
much of the building fagade must be built on the BTL and how much (by default) can
be built behind the BTL. The building frontage requirement applies only to the first
layer (see "D" rn Figure 303-1), and is expressed as a percentage of lot width that
has to be built on the BfL. Example: a building frontage requirement of 50%o on a
lot that is 100 feet wide means that at least 50 feet of the building fagade must be
placed on the BTL. This standard also works in tandem with the side setback
(or BTL) requirement (see "G" in figure 303-1) and corner street setback (or BTL)
requirement. ln the example above, if there is a first layer side yard requirement of
Front Slreet
Setback
Equlrcmer*:'c'
Corner street
"G"Side, 1sl layer
H"Side, 2nd layer
I Rear
w wIIIIIIrIII
City of Dania Beach 158 Draft: August 2010
Part 3 Subpart 1
Article 303
-I
-l t'.-+
d---
E
\-w,
E
'r.I.r\\-+
Diagram
Key
Part 3 Subpart 1
Article 303 Land Development Code
0-10 feet, then the first layer of the building must be at least 80 feet long (100 feet of
lot width /ess two 11-foot side yards), with at least 50 feet built at the BTL.(2) "R" in diagram. Max. building recess describes the maximum distance that any
part of a building can be placed behind the BTL or max. setback line (see figure 303-
1). This standard does not apply to courtyard and forecourt types. Usually, a limiled
portion of the fagade may be built behind the BTL, but no further than the maximum
recess dimension. ln the illustration, the building has three entrances built at the
BTL, and three jogs in the building fagade that allow landscaping between the
building and sidewalk. ln figure 303-2, approximately 50 percent (one-hal0 of the
building fagade is recessed from the BTL. The distance at which the building jogs
backward from the BTL is called lhe recess.(3) "G" in diagram: lnterior side BTL or setback: ln most districts, there are different
side building placement standard for the first layer and second layers. Since the first
layer contains the building frontage on the street, it is important to control how far
from the side lot line the building can be setback, if at all. Minimizing side yards
helps to maintain the "building street wall" in the mixed-use districts, and the
continuity of building frontage along the street maintains pedestrian interest and
minimizes gaps that could present opportunities for criminals. Within the second
layer, there is often just a minimum setback.(4) Shown in figure 303-2, Encroachment is any part of Figure 303-3the building structure that extends forward of the BTL,
but remains behind the street line unless an
encroachment is specifically authorized to extend
forward of the street line, such as for awnings,
galleries and arcades. ln figure 303-2, the stoops at
the building entrances are permitted encroachments.
Although the term is used in the frontage type
regulations and not the district standards, it is
illustrated here.(C) Upper story setbacks:(1) "L" in diagram: Maximum height before additional
setback required for upper stories: is established
for all districts that allow building heights greater than
3 stories.(2) "J" in diagram: Upper-level building setback: refers to the vertical plane
modulation of a building and is the minimum required perpendicular distance that a
building wall and elements must be recessed from the BTL or minimum setback line,
as applicable.(D) Heightregulations:(1) "K" in dragram: Max. allowable height: is established within each district for all
buildings, and is broken down by height allowed "by right" and height allowed if
incentive bonuses are awarded pursuant to article 305. Maximum height in
transitional areas may be limited by article 304.(E) Other terms used:(1) Building frontage fypej a combination of a building's ground story street frontage
characteristics including entrance configuration, fenestration and required or
permitted encroachments forward of a minimum setback or buildto-line used.
Several combinations of such characteristics have been classified as building
frontage types, which serve to define and facilitate the intended ground story building
function/uses through the degree of differentiation and privacy made between the
City of Dania Beach 159 Draft: August 2010
Part 3 Subpart 't
Article 303 Land Development Code
public sidewalk and private property. Building frontages are regulated in tables such
as shown in Figure 3034.(2) Building types arc described in
detail in article 310. Every type of Figure 303'4
building also has one or more
allowable frontage types, which
determines how the building entryis configured, as well as
fenestration requirements and
allowable encroachments over the
public sidewalk. Building frontage
types are described in detail in
article 311. Building types are
regulated in tables such as shown
in Figure 303-4.(3) Floor area ratio (F.A.R.) means
the gross floor area of all buildings
on a lot expressed in square feet,
divided by the net lot area
expressed in square feet.(4) Pen/ious landscaped lot area offset program.
(a) The city establishes an pervious landscaped area offset program to be used for
purchasing and improving public open space within the CC, EDBB-MU, SFED-
MU and NBHD-MU zoning districts for the purpose of mitigating deficiencies in
required pervious landscaped area. A developer may contribute a fee in lieu of
providing pervious landscaped pervious lot area onsite as required by this
article. The amount of an in-lieu payment shall be based on the average cost of
land acquisition and preparation within the applicable zoning district per square
foot of required pervious landscaped lot area, and shall be determined and
established by the city commission by resolution, and updated periodically.
Funds contributed through payments in-lieu of providing pervious landscaped lot
area shall be placed in a dedicated city fund to be utilized for acquisition and
improvement of pervious landscaped open space for public park use and
stormwater management within these zoning districts.
(b)The pervious open space requirement may be met collectively by two (2) or more
development sites, subject to the execution of a restrictive covenant or other
instrument deemed acceptable by the city attorney, with the city as a party
thereto, that guarantees that open space will be maintained in perpetuity.(F) Generalized permitted uses:(1) Generalized permitted uses may vary between primary and secondary street
frontages. The table below (figure 303-5) provides a sample of generalized permitted
uses. The table is generalized because many of the uses listed in the table are
categories of use, rather than specific use. For example, general commercial uses
are shown as being permitted in this table. This does not mean that all general
commercial uses are permitted in this district, but that at least one general
commercial use is either permitted or a special exception use within the dlstrict. The
user must consult article 302 for the full list of permitted and special exception uses.
Additionally, permitted uses for the ground story may be different than for upper
stories (see figure 303-5)
- Primary steet , lots withorit frontrage on a primary streel
can be used only for parking or a neighbortrood residential distrrct
permitted use, bUlding type and rrontage.
I 100'
I 75'100'P
50''t00PPPPP50100
P P 50 100'
City of Oania Beach 160 Draft: August 2010
Frontago
Bulldlno
6q
Lot
Oimensiont,
t; :-oE]E
b
ts
Ertaaoo
xEits
E ls lF$
bE
qr
ot)
E
Eo g
a I
Mlansion
P PRotr/house
Aoartment P P
Liv+wprk
P PCommerciaY
lvlixed Use
-ivic
Part 3 Subpart 1
Anicle 303 Land Development Code
Figure 303-5. Example of generalized permitted uses by
street and by story.
{:oc ua ad.flara+ciliry
h.igtB
An'o ndt @ z"d f.or'to+.iliuradn
City of Dania Beach 161 Draft: August 2010
General Commercial
Uses streets
Entertainment
Civic and institutional
Part 3 Subpart 1
Article 303 Land Development Code
Sec.
(A)
303.40. City center (CC) district.
lntent and purpose: to establish a mixed use downtown with transit supportive densities
and intensities where citizens can work, live, and shop in the economic, governmental,
entertainment and cultural focal point of Dania Beach. This district is designed to
encourage accessible, active, pedestrian-oriented areas within walking distance of a
prospective transit station on the FEC railway.
Density: max. 50 du/ac by right; up to 100 du/ac with density bonus (see article 305).
F.A.R.: max. 8.0
Generalized permlffed uses (see afticle 302 for specific uses
and conditions of use):
- Permitted use " - See subsec. (E) below
U - Upper floors only *. - See sec. 302-40
Figure 303-7 City Center District map.
Figure 303$ Permitted
use by story.
Cou asa aad floor*ccilingbcigk
Olto stcct ua atd foot-m-ecikng
hright
Primary streets:
. S. Federal Hwy. EDBBMDBB. NE/SE 'l Ave.. NWSW'l Ave.. SW 1 Terr.. NW 3 Ave. (N. of SW 1
st). SW2Ave
Residential Multi-Family U
Commercial (Mixed use
comoatible)
General Commercial
Restricted Commercial
Entertainment
Lodqing
Civic and institutional
Transportation
Opcn ur
8'- l{h"*
8'- l.t'
Opca rsc
Ogro rsa
8'- r{'
f cry c.,t*
t//1 cty c*ter coe
S.cordary Srects
tG Cly Cent.l Primaf S.!ts
H BLVDDANIABEAC
Sl/V 1ST $T
I
=FrL,frra:al:Er-'l
B;;-f
a.,2l.lD PLiFc
S
K
T
l+oF11'
v
!
(
>.rl-i,'
1l',Ott:
1l'
tu
rl.
SE SRK
j
i
,'
lll1<
City of Dania Beach 't62 Draft: August 20'10
(B)
(c)
(D)
1
1
a.
Part 3 Subpart 1
Article 303 Land Development Code
(E)City center corer located between NE and NW l"tavenues and between SE/SW 1"'and
NE/NW 1"t streets (see cross-hatchrng on map). The core is the planned retail,
government and downtown of Dania Beach. Mixed-use buildings with ground floor retail
and enteftainment uses are required in the core.
Min. required pevious, landscaped lot area: 1Oo/o, may be reduced to 0% with incentive
bonus (see article 305). Sec. 303-30(EX4) provides for payment-in{ieu.
Parking and loadlng: see article 306.
Parking is permitted only in the second layer.
Landscaping: see article 307.
Signage: see article 308.
Additional development standards: see article 309.
Architectural and design standards. see article 525.
Bu ildi ng pl aceme nt standard s :
(F)
(G)
(H)
(t)
(J)
(K)
(L)
Diagram
Key
NP = not permltled Core Outside
con9
"F"Front
street
setback
Shopftont 0-5'
with arcade 0'-10'0'-10'
Stoop NP 4'-8',
Dooryard NP 8'-'12'
Balcony over porch NP 8'-12'
"c"Comer street setback 0'-5'0'-5'
lnterior side setback, 1st layer 0' min 0' min
"H"lnterior side setback, 2nd layer 0' min 0' min
I Rear setback 0' min 0' min
Figure 303-8 Building Placement
Ix
(M) Buildin fronta e standards
Ill! Lot Boundanes
I Buildable area
Er
Sidewalk dedicatiori pursuant to
adopted CRA Plan street sections
See sec. 309-'10; "8" in diagram.
Building
Types
E
AF
#E
Eoaooo
o-ooo
co
o,o-co
ooo
Lot CIYEn*n
-cE
=
.c,
o-oo
Rowhouse o o 100'
Apartment o n 100'
Live-woIk o 50'100'
Commercial/
Mixed Use
o,c o,c 50'100'
Civic See civic buildinq standards
'Add twenty five (25) feet if no parking access from tear ya.d
C - Core street frontage O - Frontage outside core
H
(;
c
I
Standard
Min. depth of building in 1st layer 30'
"Ei+..+E,"
Diagram
Key
% of lot width for which a facade
must on the BTL
7 0o/o
"R"Max. allowable recess from BTL l10'
163 Draft: August 2010
I
I
I
I
I
t
I
I
I
'l
I
I
(N) Ailowable building types, frontage types (see
afticles 310 and 31 1 for details) and minimum lot
dimensions:
I'ri::Lirn, 5ttr.( r
75'
50'
F oltage Types
City of Dania Beach
Part 3 Subpart 1
Article 303 Land Development Code
(O) Height: "K", district max. is 14 stories and 150' and varies by location (see height map &
article 304). Min. lot dimensions for buildings over 6 stories and 70' are 10O' by 150'. Min.
2 habitable stories required in the CC District core.
(P)rst setback standardsU Figure 303-9 Upper story setbacks.
(Q) Height zones map, Figure 303-10
'1. The maximum allowable height in thas district is based upon
proximity to adjacent residential zoning districts and the F.E.C.
Railroad Corridor. Allowable height increases at a rate of 1 foot
per'1.66 feet of horizontal distance from an adjacent residential zoning
boundary. Therefore, allowable height within one portion of a property
might be different than that permitted on another portion. Buildings must be
designed accordingly.2. Allowable height is indicated on the map as the base allowable height, plus additional
height that may be authorized by qualifying for height bonuses pursuant to article 305.3. The allowable height of buildings just outside of the district boundary is shown for information
purposes.
Buildlng
side
Min. upper story
recess "J"
Helght before r€quired
recs8s "L"
US.1 Not required N/A
Street, other 10'6 stories
lnterior side Greater of 12 p€rcenl
of lot width or '15'
6 stories/75' (lesser of)
Rear 15'; 5' if alley exists 6 stories/75' (lesser of)
City of Dania Beach 164 Draft: August 2010
Part 3 Subpart 1
Adicle 303 Land Development Code
Figure 303-10 Maximum permitted
height map.
A
Limited height
adjacent to
FEC RR
corridor per
sec.304-30.Transition zone adjacent to residential
zoning district. Allowable height within this
zone is determined by sec. 304-20. Edge
of transition zone is approximate as
depicted.
NE/SE 1 Ave. corridor is limited to 6
stories, 70' . Western edge of 6-story
limit is 30' west of 1 Ave. street line.
6 story limit consistent with SFED-MU to south
Height limited adjacent to
neighborhood south of
Stirling Road.
Legend
I IDISTRICT ROIINDARY
Ii,AXIIvIUM }IEIGHI BY R16HT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVES)
tr A- 2 sldi.s.24 n.
.d e- Z sr.l.",:l n. Uy righr, a.d.n a.l6ticn.l 1 stsy, 11 tt wiri inccr*ivcs
f, C -: sl"rl*. zll. oy n!ht. andupto an rdditiaEl2 stcrics.2a t wih in.entiws
f O- r *cio. as l by nsht. and uFlo i..lditidlal3 gc.r.s.35n wth incgltive.
lsNl E - T stdres. so n. by riqt . and up lo an a*iiboal T nories. To n. wnh incenrives
.{f: F - Rsns6 frn zse Ahcisl lo 2ol e E h.ighl rlrsuanl to sec 30420
N
I
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o 114 220 44!
N
City of Oania Beach 165 Draft: August 2010
-E I
Part 3 Subpan 1
Article 303 La nd Development Code
Sec. 303-50. NBHD-MU, neighborhood mixed-use district.(A) lntent and purpose: may be applied along existing and planned collector streets that
border neighborhoods and along portions of some arterial roadways where neighborhood-
scale commercial and multiple-family residential uses are desirable, as follows: West
Dania Beach Boulevard, Stirling Road., Phippen Waiters Road., W. Dixie Hwy. and
Sheridan Street. Each such street is a primary street for the purposes of this section. The
development pattern associated with this district is linear, typically one lot deep along a
thoroughfare. Rear yards are required in orderto accommodate parking and loading, and
provide separation from the residential neighborhoods typically bordering the rear lot lines.(B) Density: max. 18 du/ac; up to 35 du/ac with density bonus as provided in article 305.(C) F.A.R.: max 0.75.(D) Generalized rmitted uses see afticle 302 for specific uses and conditions of use)
Figure 303-11 Permitted
use by story.
Ua aad fuor-n-cciling hcigbs
{ - Permrtted use* - Restricted to buildings with secondary street frontages only
(E) Buitdi,lacement slandards
Figure 303-12 Building placement.
.l
I
I'l
I
lj
'l=
l-.t.
Rear
(F) Fronta
illi Lot Boundanes
I Burldable area
Sidewalk dedication: pursuant to
adopted CRA Plan street sections
See "8" in dlagram.
Uses
Residential single-family
Residential two-f amily
Residential Multifamily
Commercial (Mixed use compatible)
General Commercial
Restricted commercial
Entertainment
Lodging
Civic and institutional
Transportation
lndustrial
I
I
Op<a urc
8'-14'
Op<a ur
8'-14'
Oiagram
Key
Yard; frontage type Primary
Street
Secondary
Stro€t
0'-5'NP
Stoop 4',-8'NP
Dooryard 8'-12'NP
Balcony over
porch
8'-12'15' BTL
"F"Front
Street
setback
Porch NP 15' BTL
"c"Comer street setback 0'-5'
lnterior side selback, first
layer
0' min 7' min
"H"0' min 7' minlnterior side setback,
second layer
"t"Rear setback 10' min 15'min
Key Sta ndard
"D"Min. depth of building in first layer 30'
"Er+,.+E,"o/o of lot width for which fagade
must be on the BTL
50o/o
"R"Max. recess from BTL 10'
166 Draft: August 2010
H
I
I
.t;:l:;l
', l
a
I
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I
-.iB
I]
standards:
(--)pan ur.
I t'min I('' mar
Shopfront
City of Dania Beach
Part 3 Subpart 1
Article 303 Land Development Code
(G)
Figure 303-'t 3 Building height.
-"Two (2) stories plus one additional story available
as an incentive per article 305 provided not more than
50% of any block may exceed 2 stories.
(H) Allowable building types, frontage types (see afticles 310
and 31 1 for details and minimum lot dimensions:
(t)
P - Primary street frontage
S - Secondary street frontage, subject to conditions of use for NBHD-RES district..
Pervious landscaped lot area: min. 15%; may be reduced to 0% with an incentive bonuses
(see article 305). Sec. 303-30(E)(4) provides for paymenLin-lieu.
Parking and loading: see article 306. Parking is permitted only in the second layer.
Signage: see article 308.
Additional development standards: see article 309.
Architectural and design standards: see article 525.
Landscaping: see article 307.
(J)
(K)
(L)
(M)
(N)
Sinqle-familv S
sTwo-family
75'100'
Rowhouse P P P 75'100'
50'100'Apartment P P P
100'
Commercial/ Mixed Use P P 50'100'
Civic standards
City of Dania Beach 167 Draft: August 2010
Maximum
"K"
2-3 stories, 24'-35' *Street
2 stories, 25'
Street
ti
l\ilansion -__l
Lot
Dimension
E
oo-
fs
See
tvfgl._
o
o
c
EEooco(L
5
50'
o,oo
U)
o
lu.ooo
Bulldlng
Types EiE
CI
FIE
Part 3 Subpart 1
Article 303 Land Oevelopment Code
Sec. 303-60. EDBB-MU, east Dania Beach Boulevard mixed-use district.
(A)Figure 303-14 EOBB-MU district map.
(E)
(F)
(G)
(tH
fl)
(J)
Additional development standards: see article 309.
Architectural and design standards: see article 525.
Generalized perm,tled uses (see afticle 302 for specific uses
and conditions of use
i - Permitted use*- Only select uses permitted*nsee sec. 30240
Figure 303-15 Permitted
use by story.
o?@e
0?6 u.
bst Dania kai Bltd. sa cad
fur-*rcibry hcight
o$t r 'vr ua atl fuoro-eiling
bcighfl
Primary streetr EDBB,
provided that new streets
within large parcels may
also be designated
primary streets by the
city.
I E Dr$ e.d1 B.d cd,'6, r&.d r!.
r E D.nr Bd' Evd cdido, Mnd U:.
I
'.
E
I
I
,
t
#
I
I
I
a
rqlr
a
- i;
t
Uses Primary
Street
Secondary
Street
Residential single-Family
Residential multi-family
Commercial (Mixed use
compatible)
General Commercial
Restricted commercial
Entertainment
Lodqinq
Civic and institutional
Transportatlon
lndustrial
-I
8'- t4'
8',-14'
168 Draft: August 2010
lntent and purposer redevelopment to place a
greater emphasis on pedestrian activity and
transit supportive development. This will be
accomplished by building close to the street,
relocatrng parking facilities behind buildings,
and mixing residential and commercial uses
at medium to high intensities.
Density:35 du/ac by right; up to 75 du/ac with
density bonus.
F.A.R.: max. 8.0
PeNious landscaped lot area: for lots 5 acres
and smaller, min. 10%; may be decreased to
0% with incentive bonuses (see article 305).
For lots over 5 acres, min.20o/o; may be
reduced to 15% with incentive bonus. Sec.
303-30(EX4) provides for paymenlin-lieu.
Parking and loading: see article 306. Parking
is permitted only in the second layer.
Landscaping. See article 307.
Signage: see article 308.
(B)
(c)
(D)
City of Dania Beach
8'-'t2'g',-'12',
Porch
i--.,.f.....--
"H"
0' min 0' min
Street
setback
Td
F
tsetback,2nd
PrimaryNP= not permittedDiag ra m
0'-'r0'
4'-8'
0' min
Rear setback
Corner side selback
Balcony over
NP
15' BTLNP
8'-12'
ishopfront
l*lth arcade
"G"
I
lo' min.
0' min. l0' min
'-8'
8',-'12',
Part 3 Subpart 1
Article 303 Land Development Code
(K) Buildin lacement standards I
(.
I
I
R::r
(:u
E'f\
(L) Buildin fronta e standards
(M) Allowable building types, frontage fypes (see a,ticles 310
and 31 1 for details
P - Primary street frontage.
S - Secondary street frontage
hei ht varies b ht ma and article 304
ll:., Il.i r
!ll! Lot Boundanes
I Burldable area
Sidewalk dedication; pursuant to
adopted CRA Plan street
sections. See "8" in diagram.
Figure 303-17 Bullding height
t
.Primary SecondaryStreet Street
Standard
Min. depth of building in
1st layer
% of lot width for which
de must be on the
Max. recess from BTL
"D"
"E1+..+E
aca
Diagram
BTL
"R"
30'
70%
10'
Frontage typos
Lot
Dimension
.Eo
o(L
o-ooa
co
oo
a
o,
(oo
o
o
c
8Eood!(L
Poiooo
Eo
=7s',
S S P, S P, SS IP, S P. SI
-lPs 50'
P,S
E
o"q,o
100'
100'
Commercial/ Mixed Ljse 100'
Civic See civic build
Live-work
P 50
Mansion
Rowhouse 100'
'100'
standards
Building
TyPes
50'
Minimum uppor story Height before requir€d
recess "L"
Street
setback
20' on comer side at
se@ndary slreets I S storiestel ttesse., oO
City of Dania Beach
location. See hei
169 Draft: August 20'10
and minimum lot dimensions:
(N) Height: maximum height, "K", is 14 stories &150 feet; max.
Figure 303-16 Building placement.
R
I
I
r
It:4!
t;
l"
H'l
t
BTL -l 0'Front
lstreet StI€€t
lnterior side 6etback, lst
layer
30'
1s',
50Yo
I'GTET--T.]
75'
Part 3 Subpart 1
Article 303 Land Development Code
(O) Height zones map.
1. The maximum allowable height in this district is based upon proximity to adjacent residential
zoning districts, and a fixed height limit along EDBB. Allowable height increases at a rate of
1 foot per 1.66 feet of horizontal distance from an adjacent residential zoning boundary.
Therefore, allowable height within one portion of a property might be different than that
permitted on another portion. Buildings must be designed accordingly.
2. Allowable height is indicated on the map as the base allowable height, plus additional height
that may be authorized by qualifying for height bonuses pursuant
to article 305.3. The allowable height of buildingsjust outside of the district boundary is shown for formation
purposes.
Transitional Zone
Figure 303-18 Maximum permitted height map.
o 110 220
N
i
i
Legend
l_l orsTRrcr BoUNDARY
MAXIMUM HEIGHI BY RIGHT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVES}
I A-2 stories,24ft.
X> B-2sto es, 24 t. by right, and an additional 1 story, '11 ft. with incenlives
W c - 2 stories, 24 ft. by dght. and up to an addilional 2 stories. 24 ft. with incehtiws
I D - 3 stories, 35 ft. ry rigH, and up lo an addilional 3 stories, 35 ft. with incentives
j$$ e - Z stories. aO fi. by right. and up to an additional 7 stoies, 70 fr. with ahcentivos
,; F - Varies based r.pon sec. 304-20
City of Dania Beach 170 Draft: August 2010
A
IJ)
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c
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D
{
I
1651;
Land Development Code
Sec
(A)
303-70. GTWY-MU, beach gateway mixed-use district.lntent andpurpose: to Figure 303-19 GTWY-MU district map'
capitalize on theproximity of
conservation
areas, wateMays
and the beach, by
preserving
additional land,thus enhancing
the area's assets,by differentiating
this district from
the more urban
EDBB mixed-use
district, and by
allowing
appropriate
building height to allow for reduction in footprint and developed land area. This will be
accomplished by allowing relatively tall buildings built relatively close to the street, while
providing greater setback and landscaping between the building and street than in the
East Dania Beach Boulevard mixed-use district.
\ Density: max. 35 du/ac by right, up to 75 du/ac with density bonus.
) F.A.R.: max. 8.0.
) Generalized rmitted uses e article 302 for specific uses and conditions of use)
{ - Permitted use
PeNious landscaped lot area: 25o/o. May be reduced to 20% reduction available with
incentive bonuses (see article 305).
Parking: see article 306. Structured parking is not permitted in the first layer.
Landscaping: see article 307.
Signage: see article 308.
Additional development standards: see article 309.
Architectural and design standards: see article 525.
B
D
(F)
(G)
(H)
(t)
(J)
f seacrr oeterny
-- Besdr G€le,rny ftimary Streel
!l
--If.U,i*r
-I
T
rl
I
f
I
}N ;
T,-
1
rLr' ::'
I
I
Residential Multi-family
Commercial (Mixed use compatible)
General
Restricted commercial
Enterlainment
Lodqinq
Cavic and institutional
il I
City of Dania Beach 't71 Draft: August 20'10
Part 3 Subpart 1
Article 303
I
(E)
Residential Single-family
Part 3 Subpart 1
Article 303 Land Development Code
Oiagram
Key
Building placement
requirements (in feet)
slructuresl**Slreet
setback 30' min 10'min.
lnterior side setback
(minimum)
'10' except
15' abutting residential
Rear setback (minimum)25'
(K) Buildin acemen t standards
(L)Buildin front standards:
Figure 303-20 Building placement
Rd. I
c
-Er
+-f,r
-t
Ic
i---l Lot BoundariesI Buildable area
(M) Allowable building and frontage types building form rs not regulated through building or
frontage types ln this district.(N) Minimum lot width: 100'(O) Minimum lot depth: 100'
Figure 303-21 Permitted height profile.
Properrv Lle Properry Lure
t
"D"Depth of 1"' layer N/A
"Er+..+E,"% of lot width that fagade
must be built on BTL N/A
"R"N/AMax. recess from BTL
City of Dania Beach 17?Draft: August 2010
type
Primary Secondary II-
1
(P) Maximum building height. 2' for
each 1' of horizontal distance
from street lines and property
lines, not to exceed 14 stories
and 150'. See "K" in diagram
above.
Key
agram
Part 3 Subpart 1
Article 303 Land Development Code
(Q) Height zones map.
1. The maximum allowable height in this district is based upon proximity to adjacent residential
zoning districts and district streets. Allowable height increases at a rate of 2leet per 1 foot
of horizontal distance from an adjacent residential zoning boundary. Therefore, allowable
height within one portion of a property might be different than that permitted on another
portion. Buildings must be designed accordingly.2. Allowable height is indicated on the map as the base allowable height, plus additional height
that may be authorized by quaiifying for height bonuses pursuant to article 305.
3. The allowable height of buildings just outside of the district boundary is shown for
rnformation purposes.
Figure 303-22 GTWY-MU district height map.
TransitionalZone
0 I0 220
Legend
! osrnrcr aounoenv
MAXIMUM HEIGHT, BY RIGHT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVESI
m A-2 stori6s.24fr.
\l e - Z stories, Zl fr. by right. and an additional 1 story 11 tt. with irEontives
gffi C - 2 sloros. 24 ft. by righl, and !p to an additioml 2 slories. 24 ft. ,rith incentives
I D - 3 stories. 35 fi. by righl. and up to an additional 3 storiss, 35 ft. wlth incentives
l$l e - Z "to,Lr", aO fr. by ight, 3nd up to an addilional 7 stori6s- 70 fr. with incenliv€s
df TraDsitronal Zone (See Transilbnal l-bight Provisions)
: f - nanges fom 1 slory aqacerf to a distrbt sheet up lo 7 stories, 80 lt. by right and 14 *ori€s. 'l50 f6€t with lncentives.
City of Dania Beach 173 Draft: August 2010
N
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Part 3 Subpart 1
Article 303 Land Development Code
Sec. 303-80. SFED-MU, South Federal
Highway corridor mixed-use district.(A) lntent and purpose: redevelop the
corridor with emphasis on the pedestrian
and street life consistent with TOD
princapals. This will be accomplished by
building close to the street, relocating
parking facilities behind buildings, and
mixing residential and commercial uses at
medium intensities, designed to create
interest and investment in the immediate
neighborhood.(B) Density: max. 25 du/ac by right; up to
50 du/ac with density bonus.(C) F.A.R.: max.4.0.
(D) Pervious landscaped lot area: min.
15Yo; may be reduced to 0% with
incentrve bonuses (see article 305).Sec. 303-30(E)(4) provides for
payment-in-lieu.(E) Parking and loading: see article 306.
Parking is permitted only in the second
layer. Parking structures shall be set
back from any secondary street by a
(F)
(G)
(H)
(t)
(J)
minimum of 30', which setback may be occupied by a liner building.
Landscaping. See article 307.
Signage: see article 308.
Additional development standards: see article 309.
Architectural and design standards. see article 525.
Generalized permltted uses (see articb 302 for specific uses and conditions of use):
- Permitted use
" - Restractions apply.
e - See Section 301-30
Primary streets. S. Federal Hlvy. Stirling Road
o Dixie Hwy.r Sheridan Sneet
sodlfu..lHi'cdid'IdduI
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rl,
at
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Residential Sinole-family e
Residential Multi-family
Commercial (Mixed use compatible)
General Commercral
Restricted commercial
Entertainment
Lodqinq
Civic and institutional
Transportatio n
lndustrial II
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Figure 303-23 SFED-MU district map.
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Article 303
(K) Buildin lacement standards Figure 303-24 Building placement
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3Il! Lot Boundanes
I Burldahle area
Sidewalk ded icationi pursuant
to adopted CRA Plan street
sections. See "8" an diagram.
(L) Buildin fronta e standards
P - Primary street frontage.
S - Secondary street frontage.
A - For through-lot frontages on SW 7ri and 1Oth streets, and SW 1"1 and 2nd avenues, a
landscape buffer pursuant to sec. 275-1 10 is required unless the street frontage is built.out
with mansion or row house building types. Mansions are sub.iect to the development
standards of the NBHD-RES district.
qq-Eu-.,l -!q mln
&1s',o;i;.-i- o' min
I_l__
0' min. i 0' min.
I
0' min. | 0' min.
NP
Parkino struclure II
street setback
side setback, 1st
la
-t-
Diagram NP = not permitted
Porch
lnterior side setback,
Rear setback
Key
8'-12',
15' BTL
Primary Secon daryStreet Str€et
Balcony over
Porch
"c"
"H"
0'-15',
NP
4',-8',
"F" Street Sholiront
with arcade
. StooD _
NP I .I5' BTL
znd
0'-5'
0'-10't-o
8'-12',
Koy Standard AI
Streets
"E1+..+E,"
Min. depth of building in 'l
Min % of lot width that facade
must be on BTL 50%
30
Max. recess from BTL 1s',
Lot
Dimension
Eeo(L
3$figmo
ro
(!-o
o
o
o-oEo
q)Eoo
Mansion
Building
Types
A,S IA,S
o-ooo
7s',100'
.c
o-q)o
E!
=
A,S P,S 100'Rowhouse A,P,S
P,SApartment 50'
P,S I5o'
P,S 50'100'
See civic building standards
q
P,S
P,S
P,S
Civic
Live-work
Commercial/ Mixed
Use
City of Dania Beach 't7 5 Draft: August 2010
Land Oevelopment Code
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(M) Allowable building and frontage types (see afticles
310 and 31 1 for details) and minimum lot dimensions:
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tl
Frontago types
100'
'100'
Part 3 Subpart 1
Article 303 Land Development Code
Figure 303-25 Upper story setback.
(N) Upper story sefbacks: 10% of lot width up to a maximum
of 30' required on corner sides (see "J" in diagram) for
any part of building exceeding 3 stories (see "1" in
diagram).(O) Height: maximum height, "K", in district is 6 stories and
70 feet. permitted height varies by location. See height
map.(P) Height zones map.
1. The maximum allowable height in this district is
based upon proximity to adjacent residential zoning
districts, and a fixed height limit along S. Federal
Highway. Allowable height increases at a rate of 1
foot per 1 .66 feet of horizontal distance from an
adjacent residential zoning boundary. Therefore,
allowable height within one portion of a property
might be different than that permitted on another
portion. Buildings must be designed accordingly.2. Allowable height is indicated on the map as the base
allowable height, plus additional height that may be
authonzed by qualifying for height bonuses pursuant
to article 305.3. The allowable height of buildings just outside of the
district boundary is shown for information purposes.
Legend
I I TvsTRla-r Rol tNnARY
MAXIMUII HEIGHT, BY RIGHT + INCENTIVE BONUS (SEE ARTICLE 3O5 FOR INCENTIVES}
lI a-2storEs 24fl
r& B - 2 storles. 24 ft by right. and an add8onal 1 story. 11 fl. wth incentives
m c - 2 stones.:4n. by fl9n1. and up to an additional2 stories.24 ft wilh incontives
I D- 3 slones. 35 fr by right and up !o an addirional 3 stories. 35 ft with rhcentves
!$i E - Z srorles 80 ft by ight and up to an additionalT storbs. 70 ft wiih incentives
' F - Rano€s from ZoneAto Zone E heiqrrt F6uantto sec 304-m
N
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Sec. 303-90. NBHD-RES, neighborhood residential district.(A) lntent and purpose: to maintain the overall single-family character of the neighborhoods by
restricting establishment of new two-family dwellings and requiring designs that are
compatible with single-family dwellings.(B) Generalized perm,tted uses (see afticle 302 for specific uses and conditions of use):
Usea
Residential Single-family
Residential Multi-Family
Residential Two-Family
Figure 303-27 Building placement.
(C) Building placement standards
Rerr
Er''L\'
.9-
Diagram
Key
"c"Street Setback.15' BTL.
25' min
lnlerior
side
setback
Principal building 7' min.
Accessory structures 5' min.
Rear
setback
Principal building 15' min
Accessory structures 5' min.
-The 1sjoot BTL applies along any street within a block
where more than 50 percent of either the number of lots
or total lot frontage on either or both sides is undeveloped,
or contain any combination of: buildings that are set back 20
feet or less from the street line; two-family dwellings, multiple-
family dwellings; or nonconforming uses.
(D) Buildin front e standards
(E) Height: maximum of two (2) stories and twenty-five (25) feet
See "K" in diagram.
:::: Lot Boundaries
I Buildable area
Figure 303-28 Building height.
Key Standard
"D"Minimum depth of building in
first layer N/A
"Er+..+Er"
Percentage of lot width for
rvhich a building must be built
at the built-toline
50%
"R"Maximum recess from BTL N/A
i - Permitted use.- - Restricted pursuant to sec. 302-20.
f.'
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Part 3 Subpart 1
Article 303 Land Development Code
(F) Allowable building and frontage types (see afticles 310
and 311 for and lot dimensions:
Permitted frontage type*Restricted pursuant to sec. 302-20
(l)
(J)
(K)
(L)
(M)
Pervious open space. min. 60 percent.
Parking. parking spaces and driveways for dwellings built to
the 15' BTL requirement in subsection (C) are not permitted
in the front yard except within 20 feet of one interior side lot
line (see figure 303.70). Only one driveway within the front
yard is permitted as shown. An opaque fence or opaque
landscape buffer is required along a side lot line adjacent to
a driveway.
For parking requirements see article 306.
Landscaping. see article 307.
Signage: see article 308.
Additional development standards: see article 309.
Architectural and design standards: see article 530.
Figure 303-29 Permitted
driveway location.
(G)
(H)
City of Dania Beach 178 Draft: August 2010
Single
Familv'60'90'
100'
100'Mansion*80'--t-t
Frontage types
100'
Lot
Dimension
Building
types
80'
Eo-ooo
I .c.
E IF€gI EIE
100'
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Part 3 Subpart 1
Article 304 Land Development Code
Sec.
(A)
ARTICLE 304. BUILDING HEIGHT AND TRANSITION REGULATIONS.
(B)
304-t 0. Generally.
Maximum building height is determined by the maximum height map for each district.
Additionally, in the City Center District, there are mrnimum lot size and lot dimensions
required in order to achieve the maximum permitted height. The height map for each
district shows the maximum building height and number of stories both with, and without,
the awarding of height incentive bonuses. Therefore, the maximum height shown on the
maps is possible only when the developer earns an adequate level of incentive bonuses
pursuant to article 305 to allow a project achieve the maximum height shown on the map.
The allowable heights shown on the height map for each district is determined by:(1) maximum permitted district height(2) maximum permitted height along a given street or street segment(3) maximum permitted height adjacent to the FEC railroad corridor(4) transitional height standards adjacent to neighborhood residential districts.
Transitional heighl zones. The maps showing maximum permitted height throughout each
zoning district include transitional height zones in those portions of mixed-use districts
where the allowable height varies with distance from single-family residential
neighborhoods and the Florida East Coast Railroad (FEC) rightof-way. Transitional height
zones are established to transition building height adjacent to neighborhood residential
district boundaries and the FEC railroad right-of-way. Height within a transitional height
zone is based upon a formula of allowable height per distance from the adjacent
neighborhood or FEC right-of-way. feature. The transitional height zone is also applied to
each development site within the GTWY-MU District because allowable building height
varies based upon the distance of a building, or portion of a building, from property lines.
The following structures may exceed the maximum height limit for buildings and slructures
by the lesser of twenty-five (25) percent or fifteen (15) feet:(1) Rooftop structures for the housing of solar panels, elevators, stairways, tanks,
skylights, ventilating fans, air conditioning or similar equipment required to operate
and maintain the building(2) Radio, television and telecommunication antennae, whether freestanding or roof-
mounted.
The following structures may exceed the maximum height limit for buildings and structures
by not more than twenty-frve (25) percent:(1) Cupolas, steeples, chimneys and other decorative rooftop pro.jections, provided that
the aggregate coverage of all such structures does not exceed twenty-five (25)
percent of the total roof area.
Ham radio antennae may exceed the maximum height limit for buildings and structures by
forty (40) percent, not to exceed one hundred fifty (150) feet.
(c)
(D)
(E)
(F)
Sec. 304-20. Rules of height transition from neighborhood residential districts.(A) When a lot lrne or alley forms a boundary between a neighborhood residential district and
a mixed-use district, the minimum setback from said lot line or alley line shall be as follows
for the lot in the nonresidential or mixed-use district:(1) Fifteen (15) feet measured from an interior side lot line of a lot within a neighborhood
residential dislrict, as illustrated in Figure 304-1 .(2) Twenty-five (25) feet measured from a rear lot line of a lot within a neighborhood
residential district, as illustrated in Figure 304-2.(B) The maximum allowable building height on the lot within the mixed-use district shall be the
lesser of two (2) stories or twenty-five (25) feet at the minimum setback line, and shall
City of Dania Beach 179 Draft: August 2010
Part 3 Subpart 1
Article 304 Land Development Code
increase at a constant rate of one (1) foot for each one and two{hirds (1.66) feet of
distance from the minimum setback line, as illustrated in Figure 304-2.
Figure 304-1
I mnsitional heiltht --------------+,/
1.46:1 ./
25
,.r' ,rir}
.r- Zoni g bound.ary and Noperly line
Mixed-use dirbicl
a!aIa
tlaattttII"
.T'rttitaaaa
aaaalaaltttt
Figure 304-2
lllustration of a mixed-use zone abufting a residential neighbothood zone (zone boundary is the common rear lot line)
Figure 304-3
lllustration of height transition when a street centeiine foms a residential n zone oundary
(C) Where a street centerline forms the boundary between a neighborhood residential drstrict
and a mixed-use district, the following standards shall apply to any lot within the mixed-use
district that abuts the boundary street, as illustrated in Figure 304-3.(1) The build{o-line along the boundary street shall be fifteen ('15) feet.(2) One of the following building types must be constructed: mansion apartment building
or rowhouse building.
City of Dania Beach 180
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Part 3 Subpart 'l
Article 304 Land Development Code
(3) The height of the building shall be exactly two (2) stories not to exceed twenty-five
(25) in height feet for the first fifty (50) feet measured from the BTL. Mansion
apartment or rowhouse buildings may be used as liner buildings or as freestanding
buildings on the lots abutting the boundary street.(4) At fifty (50) feet measured perpendicular to the BTL, three (3) stories or thirty-five
(35) feet of building height is permitted, and permitted height shall increase by one
(1) foot for each addrtional one and two{hirds (1.66) feet of horizontal distance
measured perpendicular from the BTL.
(B)
304-30. Rules of height transition adjacent to FEC railroad corridor.
For lots with a rear or side yard abutting, or separated only by an alley from, the FEC right-
of-way, a maximum building height of three (3) stories and thirty-five (35) feet is permitted
at the minimum setback line, and may increase by one ('l) foot for each one (1) foot of
horizontal distance away from the rear setback line, up to a maximum of six (6) stories and
seventy (70) feet. See Figure 304-4 for illustration.
For lots fronting on streets that abut the FEC right-of-way, a maximum building height of
three (3) stories and thirty-five (35) feet is permitted at the street-side BTL, and may
increase by one (1) foot for each one (1) foot of horizontal distance from the street-side
BTL, up to a maximum of six (6) stories and seventy (70) feet.
Figure 3044
Sec.
(A)
a- l0' Landstape Easanent
FEC Contulor
1:1toa
alartaal
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ARTICLE 305. INCENTIVES.
Sec. 305-20. Schedule of incentives.
The table below shows the amenities that qualify for height, density and impervious area
incentives within the different districts. The amount of the bonuses are delineated below the
table. The developer can determine the type and extent of amenities to provide in order to
reach the maximum permissible height shown on the height maps.
Y = lncentive credit available
N = lncentive credit not available Districts
List of amenitjes that qualiry for
development incentives cc EDBB-
MU
SFED-
MU
NBHD-
MU
GTWY-
MU
NBHD
RES
N N N N
N N N
N
N N
Sec.
(A)
(B)
(c)
305-30. lncentives for providing public open space.
ln the Neighborhood Mixed-Use District, one (1) story and ten (10) du/ac for a minimum
twenty-five hundred (2,500) s.f. open space that complies with article 312, or a pedestrian
paseo that complies with sec. 309-20. The open space or paseo shall satisfy 100 percent
of the pervious open space requarement for the lot that provides it.
ln the City Center District, two (2) stories and twenty (2O) dulac for a minimum twenty-five
hundred (2,500) s.f. open space that complies with article 312, or pedestrian paseo that
complies with sec. 309-20, and one (1) story and ten (1 0) dulac lor each full additional
fifteen hundred (1,500) s.f. of open space that complies with article 312. The open space
or paseo shall satisfy 100 percent of the pervious open space requrrement for the lot that
provides it.
Adjoining lots can each contribute a portion of a single open space and earn the bonus.
The bonus shall be allocated among the lots proportionate to the open space contribution
as agreed between the property owners in a binding development agreement or other
instrument acceptable to the city attorney.
This intensity bonus is available at the determination of the city commission or designee
based upon whether the any given location is appropriate and desirable for open space.
The standards for provision of public open space for incentive credit shall be as provided
in article 312.
(D)
(E)
Sec. 30540. lncentives for providing attainable housing.(A) Definition. Attainable housing shall mean "workforce," "moderate workforce" and "low-
income" as defined by the Administrative Rules Document of the Broward County Land
Use Plan, Article 8, and includes both owner-occupied and rental housing.
City of Dania Beach 182 Draft: August 2010
Part 3 Subpart 1
Article 305
Sec. 305-10. Applicability.
Height, density and lot coverage bonuses are awarded when a developer provides one or more
of attainable housing, public parking, environmentally sustainable development (green building
practices), or open space.
Provide attainable housing lsee
sec. 305-401
Use sustainable building
oractices tsec. 305-501
Provide public parking [sec. 305-
601
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Provide public open space or
SCC,
Part 3 Subpart 1
Article 305 Land Development Code
(B) Bonus of one (1) market-rate dwelling unit for each unit in the building that is workforce-
income, up to the maximum density allowed in the district. One (1) additional story shall
be permitted for every ten (10) du/ac of bonus market-rate units that are awarded, or
fraction thereof.
Example. a 1 acre lot within the SFED-MU District is permitted to build 25 du (25lac)
by right and up to 50 du/ac through the attainable housing bonus. Of the 25
permitted unrts, all will be workforce-income units, which allows a bonus of 25
market-rate units. The developer may now construct 50 du (25+25), which does not
exceed the maximum 50 du/ac density allowed with bonuses. The 25 bonus units
equal a bonus density of 25 dulac, which divided by 10 du/ac per story equals 2.5,
rounded to 3 bonus stories.
(c)
(D)
Bonus of three (3) market-rate dwelling units for each moderate workforce-income unit up
to the maximum density allowed in the district. One (1) additional story shall be permitted
for every ten (10) du/ac of bonus market-rate units that are awarded, or fraction thereof.
Example: a 1 acfe lot within the SFED-MU District is permitted to build 25 du (25lac)
by right and up to 50 du/ac through the attainable housing bonus. Of the 25
permitted units, the developer incorporates 8 moderate-income units, which allows a
bonus of 24 marketrate units. The developer may now construct 49 du (25+24),
which does not exceed the maximum 50 du/ac density allowed with bonuses. The
24 bonus units equal a bonus density of 24 dulac, which divided by 10 du/ac per
story equals 2.4, rounded to 3 bonus stories.
Bonus of five (5) market-rate dwelling units for each low-income unit up to the maximum
density allowed rn the district, provided that no additional bonus units are available for
providing low-income units in excess of fifteen (15) percent of the number of dwelling units
in the building. One (1) additional story shall be permitted for every ten (10) du/ac of
bonus market-rate units that are awarded, or fraction thereof
Example. a 1 acre lot within the SFED-MU District is permitted to build 25 du (25lac)
by right and up to 50 du/ac through the attainable housing bonus. Of the 25
permitted units, the developer incorporates 5 low-income units, which allows a bonus
of 25 markelrate units. The developer may now construct 50 du (25+25), which
does not exceed the maximum 50 du/ac density allowed with bonuses. The 5low-
income units also does not exceed 15 percent of the number of units in the building
(5 units is 10 percent of 50 units). The 25 bonus units equal a bonus density of 25
du/ac, which divided by 10 du/ac per story equals 2.5, rounded to 3 bonus stories.
Bonuses may be combined for providing different degrees of attainable housing within one
development site.
ln order to be eligible for density and height bonuses under this section, the developer
shall first guarantee the attainability of the unit for the specified income level as either
rental or owner-occupied housing for a period of at least thirty (30) years via a restrictive
covenant in a form acceptable to the city attorney may require. The city commission may
establish a one-time fee applicable to each development that receives bonus units to
offset the cost of administering the attainable housing program.
(E)
(F)
Sec. 305-50. Sustainable building practices; voluntary green building/ development
program.(A) Overview. The CRA green building/development program is a voluntary program that
developers may choose to participate in, for which incentives outlined in this section shall
be awarded. Development incentive credit for sustainable ("green") building practices be
awarded based upon qualifying site desrgn, construction and possibly, as applicable,
operational practices.
City of Dania Beach Draft: August 2010183
Part 3 Subpart 1
Article 305 Land Development Code
(B) Green building; green building practices. Green building practices refers to building and
building site desagn, materials and construction techniques that minimize demand for
nonrenewable material and energy resources, water consumption, and minimize the
generation of waste products, pollution, and stormwater runoff. Green building practices
are generally consistent with the techniques used to achieve certification of construction
and development through third party green building and development ce(ification
programs including the U.S. Green Building Council Leadership in Energy and
Environmental Design (LEED), the Florida Green Building Coalition, and Florida Green
Lodging.(C) Rating organizatlons- This program awards credits based on selected third party green
building/ development certification programs, including but not limited to the Florida Green
Building Coalition-, Florida Green Lodging, and U.S. Green Building Council Leadership
in Energy and Environmental Design (LEED).(D) Approval of established third pafty standards. Applicants seeking to participate in the
voiuntary green building/development program are required to schedule a preliminary
development application meeting with the community development director. At the
preliminary development application meeting, the applicant shall identify the third party
green building/development standards proposed to be incorporated in the project design
and implementation, and provide a copy of the standards to city staff the community
development director for review. lf the standards of a third party certification program
other than those listed in (B) are proposed, the city staff the community development
director will review the standards of the rating organizataon certification program intended
to be used by the applicant and notify the applicant if the proposed program and standards
are accepted or rejected for the voluntary green building/development program.(E) Review process and ceftification optlons. Applicants seeking to participate in the voluntary
green building/development program must choose to either.(1) Formally apply for third party ce(ification with a selected third party green building/
development rating organizatron approved by the community development director,
which includes meeting all the submittal, application and fee requirements for the
selected third party certification; or(2) As an alternative to formal application for third party organization certification Pthe
applicant may participate in the city's cost-recovery green building/development
review process. The community development director shall review and verify the
third party green building/development standards proposed to be incorporated in the
project design and jmplementation. The applicant shall document compliance with all
of the third-party certification criteria to the satisfaction of the community
development director.(F) Minimum submittal requirements for applying for voluntary green building or development
program/receipt of incentives. Site development plan submittal requirements to participate
in the voluntary green building/development program shall include the following.(1) Documentation that the applicant has participated in the preliminary development
application meeting and has received approval from the community development
director to utilize the third party green building/development standards used in the
site development plan submittal.(2) Written statement identifying the review option selected by the applicant
(demonstration of formal third party certification of the project, or community
development director verification of project compliance with third party green
building/development standards through cost-recovery based review).(3) A completed residential green developmenUbuilding checklist, with a narrative
explanation of how the green building measure is being incorporated.
City of Dania Beach 184 Draft: August 2010
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Article 305 Land Development Code
(4) The city shall require that the proposal exceed the number of points necessary for
incentive credit under this section by a margin to be established adm inistratively for
each third party certification program. The intent is to ensure certification as best
possible in the event that a given green measure fails to qualify after construction is
completed.(5) A notarized affidavit from the project archrtect demonstrating that the approved green
building measures have been incorporated into the project plans.(6) Project site and engineering plans that clearly detail all green building measures
which are intended to qualify for incentives.(7) A notarized affidavit certifying that a green building expert professional certified or
accredited by a third party green building and development rating organization
deemed acceptable by the community development director is a part of the
development team and shall remain part of the project team throughout its duration
(i.e., from the design stage through final building inspectioniissuance of certificate of
occupancy)(G) lncentives.(1) Developments that meet all of the criteria for certification under a third party program,
in accordance with (D) above, plus the additional point margin to be established
administratively by the city, shall be awarded four (4) stories and twenty-eight (28)
du/ac as a bonus, subject to the maximum height and density limitations of the
applicable district, as well as a five (5) percent impervious area bonus.(2) Developments that qualify for at least one-half of the total number of points required
for third party certification pursuant to subsec. (EX2), plus the additional point margin
to be established administratively by the city, shall be awarded two (2) stories and
fourteen (14) du/ac as a bonus, subject to the maximum height and density
limitations of the applicable district.(H) Performance bond. Parlicipants in the voluntary green building program, at the time of
building permit application, shall post a performance bond, letter of credit or other form of
surety approved by the city attorney.(1) The amount of the required performance bond, letter of credit or other approved form
of surety shall be calculated as follows for projects seeking the incentive bonus for
meeting third party certification requirements:(a) Two (2) percent of the total cost of construction for a development of less than
one hundred thousand (100,000) square feet of building area.(b) Three (3) percent of the total cost of construction for a development of up to
two hundred thousand (200,000) square feet of building.(c) Four (4) percent of the total cost of construction for any building greater than
two hundred thousand (200,000) square feet.(2) The amount of the required performance bond for projects seeking an incentive
bonus for earning at least one-half of the points needed for third pa(y certification
shall be one hall (112) of the bond amount required in paragraph (1).(3) ln the event the completed development does not achieve the third party certification
or the number of points for which the incentive bonus was based, a portion of the
surety shall be forfeited in an amount equal to the percentage of the required third
party point total not earned. However, if the development does not qualify for at least
ninety (90) percent of the number of points required to earn the bonus, the entire
bond amount shall be forfeited.(4) The city may call on the performance bond if:(a) The third party certification is not achieved wrthin one (1) year of the city
issuance of the certificate of occupancy for the building; or
City of Dania Beach 185 Draft: August 2010
Part 3 Subpart 1
Article 305 Land Development Code
(b) ln the case of city verification of credits in accordance with paragraph (G)(2), if
the community development director determines that the development does not
qualify for the credits upon which the incentive bonus is based within one (1)
year of the city issuance of the certificate of occupancy for the building. Funds
that become available to the city from the forfeiture of all or part of the surety
shall be placed in the sustainable development fund established by the city,
which shall be used to fund sustainable and energy-efficient city-initiated
capital projects including but not limited to water-efficient landscaping, open
space acquisition and improvements, traffic calming, public transportation-
related improvements, pollution mitigation, sustainability improvements to
public facilities, or similar improvements as deemed appropriate by the city
commission.
Sec. 305-50. Provide public parking.
Bonus of one (1) story, the greater of ten (10) du or seven (7) du/ac, and five (5) percent
impervious area for each twenty (20) public parking spaces provjded to the city for public
parking use through city approval of dedication of the spaces for public use, or through provision
of a shared parking agreement in a form approved by the city attorney, which shall restrict the
spaces for public use, and shall run with the subject property in perpetuity. The intensity bonus
shall not exceed the maximum height, density and impervious area limitations of the applicable
district.
City of Dania Beach 186 Draft: August 20'10
Part 3 Subpart 1
Article 305 Land Development Code
ARTICLE 306. PARKING AND LOADING REGULATIONS.
Sec. 306-1 0. Off-street parking requirements.
Article 265, "Off-street parking regulations" establishes the off-street parking and loading
requirements for the CRA form-based districts. This article supplements Article 265 and shall
prevail in case of conflict.(A) Access hierarchy for the CRA form-based districls for rear yard parking.(1) Vehicular access to off-street parking and loading facilities shall be from a rear alley
or its equivalent via cross-access parking aisles or driveways between properties.(2) ln the absence of an alley or its equivalent rear yard access, access shall be
provided from a corner (secondary) side street.(3) ln the absence of the ability to provide access as prescribed in ('l) or (2), access
shall be provided from a shared driveway through the primary street frontage. The
driveway may run along an interior side lot line to connect the rear yard parking
facility to a street.(4) ln the event that none of the options above are possible, a driveway serving a single
lot may run along an interior side lot line or internal to a lot to connect the rear yard
parking facility to a street.
(B) All off-street parking spaces shall connect directly to an access aisle or driveway without
requiring another automobile to be moved or otherwise requiring access over or through
any other parking space, except as provided in sec. 265-120 for valeUattendant parking,
and within the CRA form-based districts, as follows:(1) Tandem parking shall be no more than two (2) spaces deep(2) Tandem spaces are permitted only for two- or more bedroom residential units.(3) Both tandem spaces shall be reserved forthe same dwelling unit.(4) Tandem spaces cannot be designated as guest parking or count towards meeting
guest parking requirements.(C) Parking lot connectivity in the CRA form-based dlsfricfs. All surface parking lots in rear
yards shall be designed for connection to existing or future parking lots on abutting
properties on the same side of the block, and on both sides of the block if there is no
alley. This shall require recordation of a cross-access and cross-parking easement which
shall be reviewed and approved by the city attorney. ln the case of an abutting lot where
the connection cannot yet be made, or where the building occupies the rear portion of the
lot and prevents the siting of parking facilities, the developer shall design the rear yard
parking facilities in such a way that parking spaces can be eliminated or reconfigured in
the event the abutting building is demolished or reconfigured. The city may waive this
provisions when it is unlikely that an abutting property will accommodate future rear yard
parking (example: when the adjoining property was recently redeveloped and occupies its
entire lot).
Sec. 306-20. On-street parking requirements.
Within the City Center District, each development or redevelopment project is required to
dedicate, construct and provide on-street parking along the property frontage on adjacent city
streets in conformance with the street cross-sections identified in the approved CRA
Redevelopment Plan. The method of compliance with the on-street parking requirements shall
be determined in accordance with sec. 309-10 (C) "Construction of on-street parking, sidewalks
and street furniture required", and payment in-lieu of construction of street improvements, if
required, shall be made pursuant to sec. 309-10 (D) "Payment in-lieu of constructaon."_On-street
parking abutting a lot shall count toward satisfying the total parking requirement for the lot
pursuant to sec. 265-50, "Off-street parking required; on-street parking credit". The on-street
City of Dania Beach 187 Draft: August 2010
Part 3 Subpart 1
Article 306 Land Development Code
parktng space shall be for pub[c use and shall not be reserved for private use unless otherwise
approved by the city commission.
Figure 305-1 Off-street loading court.
Street
-_)-\a
Sec. 30640. Parking facility setback.
Surface and structured parking facilities shall be set back a minimum of five (5) feet from all
corner side streets and all alleys. The setback shall be landscaped pursuant to article 530.
Sec. 306-50. Structured parking.(A) Parking structures are not permitted within the first layer of any lot, unless the city
commission finds that a lot is of insufficient dimensaon to accommodate a parking structure
and one or more liner frontages for the full height of the parking structure. Upon such
finding, the city commission may waive the liner requirement along one or more street
frontages, provided an architectural and perimeter landscaping solution pursuant to article
530 is provided to disguise and beautify the parking structure fagade. Still, the City
strongly encourages lining at least the ground story street frontage (less vehicular ingress
City of Dania Beach 188 Draft: August 2010
Sec. 306-30. Loading requirements.(A) Article 270 establishes the loading space requirements for the CRA form-based districts.(B) No loading space or outdoor storage shall be permitted within fifty (50) feet of a
neighborhood residential district boundary, nor shall any loading space face a
neighborhood resrdential district boundary.(C) Loading areas shall be screened so as not to be visible from streets and residential zoning
districts.(D) Off-street loading zones should be designed so as to minimize the disruption of the
streetscape. A gated interior court as shown below, allows a two (2) axle truck to back in
to a narrow loading space from the street.
Gated
Loading
Court
Part 3 Subpart 'l
Article 306 Land Development Code
and egress opening) with inhabitable space that has sufficient depth and floor-to-ceiling
clearance for the permttted uses.(B) Parking structure geometrics are regulated in sec. 265-140.
City of Dania Beach 189 Draft: August 2010
Part 3 Su bpa rt 1
Article 307 Land Development Code
ARTICLE 307. LANDSCAPING REGULATIONS.
Sec. 307-10. On-site landscaping requirements.
Article 275, "Landscaping requirements" establishes the site landscaping requirements for the
CRA form-based districts.
VUA=vehicle use area (parking, driveway, loading)
Diagram
Key
Section
reference
Landscaping
location
275-100(E)Between building
and VUA
All districts
"w"307 -20 Streetscaping All districts.x"27 5-100 lnterior VUA CC. SFED.MU, EDBB-
MU, NBHD-MU, GTWY-
MU
NBHD-RES: apartments
building sand rowhouses
275-90 VUA perimeter NBHD-RES, GTWY.MU
27 5-110 Rear lot line NBHD-MU
Rear, interior side
lot line
CC, SFED-MU, EDBB.
MU, NBHO-MU adjacent
to residential zoninq
27 5-120 Non-VUA
perimeter
GTWY-MU: nonresidential
and mixed-use
development
275-130 Non VUA
perimeter
GTVVY-MU: residential
development
N/A 275-140 Non VUA interior
landscapinq
All districts
Sec.
(A)
(B)
(c)
307-20. Street landscaping and hardscaping.
Whenever a building is constructed, reconstructed or expanded, the owner of the lot is
required to install street trees of the species, and at the spacing intervals, required by
resolution of the city commission for the particular street. ln the absence of a resolution
passed by the city commission to this effect, the default requirement shall be Live Oak
trees, spaced thirty (30) feet on center within the NBHD-RES district, Royal Palms on
Trafficways spaced twenty (20) feet on center, and Sabal Palms spaced fifteen (15) feet
on center along all other streets.
Street trees shall be planted as shown in the street sections approved by the city
commission in the CRA Redevelopment Plan, and in the absence of an approved section
for any street with swales, the trees shall be planted a minimum six (6) feet from street
edge of pavement, and a minimum three (3) feet from the edge of sidewalk. In the
absence of an approved section for any street with curb and gutter, the trees shall be
planted three (3) feet from the face of the curb within grated tree wells a minimum sixteen
(16) square feet in area built into the sidewalk.
Sfreelscape elements. Streetscape elements such as benches and lighting shall be
provided based on the street sections and streetscape specifications approved by the city
commission in the CRA Redevelopment Plan.
190 Draft: August 2010
Figure 307-1
Required Landscaping
E
"Y'
(
(
(
t
,
!
r'
).
Building
'x"
'w'
Street
Applicable
City of Dania Beach
Part 3 Subpart 1
Article 307 Land Development Code
Sec. 307-30. Screening requirements; treatment of dumpsters, loading areas and
mechanical equipment.(A) Landscaping pursuant to sec. 275-170 is required to screen dumpsters and mechanical
equipment.(B) Dumpsters, dumpster enclosures and loading zones shall not be located within twenty (20)
feet of any street line or BTL.(C) Dumpsters and their enclosures, and loading zones, shall be screened from view at the
street frontage by a building or screenwall six (6) feet in height with a planter at the street-
facing base of the screenwall, provided that the city may require additional screening if
necessary to obscure same from street view.(D) Utility boxes and machinery, including but not limited to backflow devices, electric meters,
air conditioning units, and transformer boxes, shall not be visible from public rights-of-way,
parks and other public spaces.(E) Mechanical equipment is not permitted along any street frontage or in any street-side yard.(F) ln instances where rooftops are used for parking, a perimeter treatment (i.e. landscape,
trellis, etc.) shall be incorporated to shield and shade the parking area from adjacent
structures.(G) Street walls shall be used to shield vehicular use areas and unbuilt lot frontage from
sidewalks within mixed-use districts. Street walls are freestanding walls built along a
street frontage at the build{o-line or minimum setback line, as applicable, usually for the
purpose of masking a parking lot from the street.(1) Street walls shall be solid and opaque below three (3) feet in height, and at least
thirty{ive (35) percent open screening above three (3) feet (ex: iron or aluminum)
consistent with Crime Prevention Through Environmental Design (CPTED)
principles, and constructed and painted to match the adjacent building facade.(2) Living walls may be utilized, where the wall is partially covered with a vine, provided
the opacity limitation above three (3) feet is not exceeded.(3) Street walls shall be placed three (3) to five (5) feet from the back edge of the
sidewalk, and a planting strip shall be placed in between the sidewalk and wall.
City of Oania Beach 191 Draft: August 2010
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Article 308 Land Development Code
ARTICLE 308. SIGNAGE REGULATIONS.(A) All signage regulations for the CRA form-based districts are located in article 505(B) Design standards for signs are located in article 525.
City of Dania Beach 192 Draft: August 2010
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Article 309 Land Oevelopment Code
ARTICLE 309. ADDITIONAL DEVELOPMENT STANDARDS.
Sec. 309-10. Complete street improvements.(A) lntent.(1) Public pedestrian circulation is one of the most important aspects of a successful
redevelopment area. This article is intended to ensure that optimal public pedestrian
corridors are provided along all roadways to assure unobstructed, safe and
convenient pedestrian access to and between adjacent buildings.(2) Build{o-lines within the CC, SFED-MU, EDBB-MU and NBHD-MU districts, are
designed to place buildings at or near the back edge of wide sidewalks. The street
sections approved by the city commission in the CRA Redevelopment Plan within
these mixed-use districts are designed to include additional dedications for sidewalks
and street landscaping.(3) On-street parking is a necessary component of a complete urban street, as it
increases pedestrian safety and comfort by buffering pedestrians from street traffic
and effectively reducing vehicle speed. On-street parking also reduces the need for
off-street parking, which is a significant cost factor for urban redevelopment.(B) Dedication required. A sidewalk and landscaping easement or special purpose right-of-
way, as determined by the city, shall be dedicated for the area between the property line
abutting each street and the planned street line pursuant to the street sections approved
by the city commission in the CRA Redevelopment Plan, in order to complete the public
sidewalk. The dedication shall be required prior to the issuance of any building permit for
work cumulatively valued in excess of twenty-five thousand dollars ($25,000) within any
calendar using either the current RS Means or Marshall & Swift construction cost data
publications. Along Federal Highway, in lieu of this requirement, right-of-way dedications
are required in the amount necessary to complete the 46-foot half-section on each side of
the centerline pursuant to the Broward County Trafficways Plan. The conceptual section
for US-1 will provide for the desired sidewalk width within the right-of-way required by the
Broward County Trafficways Plan.(C) Construction of on-street parking, sidewalks and street furniture required. Prior to the
issuance of a building permit for any construction of a new principal building, or expansion
to the gross floor area of an existing principal building exceeding the lesser of twenty-five
hundred (2,500) square feet or thirty{hree (33) percent of the existing gross floor area of
the building, the developer shall be required to comply with this section through one or
more of the following methods.
(1) construct the sidewalk and on-street parking, and provide and install street furniture
(including but not limited to, benches, transit shelters, street lights, waste bins, and
bike racks or lockers) for the street frontage abutting the property line of the
development site, pursuant to the specifications approved by the city commission in
the CRA Redevelopment Plan; or(2) provide for construction of these street improvements through private agreement with
one or more adjacent developers along the abutting righlof-way, by which one or
more developers construct and install the street improvements along the right-of-way
and are reimbursed by the adjacent developers in proportion to their respective
shares of right-of-way abutting each developer's parcel; or(3) make payment in lieu of the construction of the improvements pursuant to subsec.
(D), at the city's option. For each development which is required to comply with this
section, the community development director, in coordination with the public services
director, shall review the proposed development plan and location, and determine
whether the developer shall be recommended to comply with this section through
City of Dania Beach 193 Draft: August 2010
Part 3 Subpart 1
Article 309 Land Development Code
(D)
construction of the requued street improvements or through payment to the City in-
lieu of construction in accordance with subsec. (D) below.
Payment in lieu of construction. The amount of the payment to the paymenlin-lieu
program shall be determined by the average cost to the Community Redevelopment
Agency for the construction and provision of required improvements on an average cost
basis for each foot of the street frontage of each lot. The average total cost shall be
determined by the public services director in coordination with the community development
director based upon the total cost of all improvements for a typical block face, divided by
the number of linear feet of the typical block face. The costs shall include actual costs and
fees for design, legal and engineering services, actual construction and hardware,
inspection, finance, and planning. The in-lieu fee payment amount based on these
average total costs shall be established by resolution of the city commission. Payment in
lieu of construction of street improvements, if used to comply with thts section, shall be
due prior to the issuance of a building permit for vertical construction of a principal building
or structure on the lot, provided that the property owner may execute an agreement with
the city that requires payment prior to the initial certificate of occupancy. The agreement
shall require the property owner to provide for surety in the event of default.(1) Annual evaluation. The amount determined to be the City's total average cost for
improvements to a typical block face in subsec. (D) shall be evaluated yearly by the
city based upon the Construction Cost lndex (CCl) or the Consumer Price lndex
(CPl). lf determined necessary, the fee structure shall be amended by resolution of
the city commission.(2) Deposit of payment-inlieu program funds. Funds generated through the in-lieu fee
program shall be deposited in an account or accounts specifically established by the
Community Redevelopment Agency to provide the required improvements within the
street improvement payment-in-lieu districts established by the Community
Redevelopment Agency. The community development director and lhe executive
director of the CRA shall maintaan a map which includes a listing of the payment-in-
lieu districts and accounts.(3) Use of payment-in-lieu program funds. The fee collected rn the payment-in-lieu fund
shall be used only for the construction and improvement activities established
pursuant to subsec. (D) within the applicable payment-in-lieu of construction district,
or to reimburse capital costs or advances, or related financing costs, for such
construction and improvement activities undertaken, or being undertaken, by the
Community Redevelopment Agency within the applicable street improvement district.
I Figure 309-1Sec.
(A)
(B)
309-20. Paseos.
Paseo defined A paseo is a covered or
uncovered pedestrian passageway substantially
at sidewalk grade that is unenclosed at both
ends, located in between buildings or as an
integrated feature within the fagade of a building
that provides access from one street to another
street, an alley, or an interior block plaza or
parking area.
Paseos encouraged.(1) Sec. 305-30 authorizes height, density and
impervious area bonuses for providing a
paseo pursuant to this subsection.M
City of Dania Beach 194 Oraft: August 2010
Land Development Code
(2) Blocks bordering primary streets within the city center and neighborhood mixed-use
districts, that exceed seven hundred (700) feet in length, should provide a minimum
ten ('10){oot-wide, pedestrian paseo for continuous pedestrian connectivity.(3) The pedestrian paseo should extend the depth of a block to connect two (2) rights-of-
way when a block is rectangular and has parallel street boundaries, or in other cases
may connect the public sidewalk with rear yard parking facilities. Paseos should be
provided approximately mid-block and may be sited along an interior side property
line or interior to a lot if the paseo bifurcates the buildings on the lot.(C) DesrErnsstandards.(1) Paseos cannot be enclosed, but may have "open roofing," which may include
individual umbrellas or overhead awnings/ architectural fabric that let air and light
pass into the paseo, while providing partial shade and reasonable shelter from rain.(2) Paseos may be gated at either end after business hours.(3) Building wall heights framrng a paseo shall maintain a minimum sixty (60) degree
clear sight line from the bottom of each wall framing the paseo, as illustrated in
Figure 309-1.(4) Building facades linrng the paseo shall continue the frontage type adjacent to the
paseo.(5) Paseos shall not be more than thirty (30) feet nor less than ten (10) feet wide(6) No vehicular access, loading or parking is permitted. Emergency access drives will
be considered through paseos upon review of integration into paseo design.(7) Entries to the paseo business and storefronts shall be designed and lighted so they
are safe and visible to paseo guests, avoiding hiding places.
Sec. 309-30. Vacation of alleys intersecting South Federal Highway for parcel
aggregation.
Vacation of alleys intersecting South Federal Highway is encouraged in order to improve traffic
flow and safety conditions, and unify properties under common ownership with US-1 frontage
that are separated by alleys. Should the city commission approve an alley vacation, only the
portion of the alley separating the US-1 frontage properties should be vacated, and a new alley
parallel to US-1 should be dedicated at the back of the frontage properties between which the
alley was vacated. See figure 309-2 for illustration.
Figure 309-2
Lot r
tot b
Lxisting pattcrn
C-omblnod
rhc
Frttcm efrtt allcv vrcrtion .nd
&lLl dali.rtior
City of Dania Beach Draft: August 2010
Part 3 Subpart 1
Article 309
Ittft
195
Part 3 Subpart 1
Article 309 Land Development Code
Sec. 309-50. Setback from alleys.
All buildings and structures shall be set back a minimum of five (5) feet from any alley
Sec. 309-60. Additional development standards.
Part 2 of this code contains additional development standards that may apply to the CRA form-
based districts.
Sec.
(A)
309-70. Subdivision and development of large parcels.
Any lot or combination of abutting lots under unified control that have a land area
exceeding five (5) acres as of the date of adoption of this section shall not be subdivided,
and no site plan shall be approved unless the site plan and subdivision conform to this
section. This means that boundary plats are not permitted, and that plats and site plans
that encompass less than the entire lot or combination of lots under unified control must be
accompanied by a conceptual master site plan for the entire land area that demonstrates
how the property will be subdivided into streets and blocks in conformance with this
section.
The lot shall be subdivided into developable blocks with perimeter dimensions between
twelve hundred (1,200) and eighteen hundred (1,800) linear feet.
Every block shall be bound by public or private streets that shall be designated as primary
or secondary for purposes of applying district regulations.
lnterior streets shall connect to perpendicular primary streets bordering the site.
Streets shall be designed with on-street parking on both sides, travel lanes not exceeding
eleven (11) feet in width, and sidewalks a minimum of twelve (12) feet in width.
(B)
(c)
(D)
(E)
City of Dania Beach 196 Draft: August 2010
Sec. 309-40. Fences, walls and hedges.
Fences are useful for separating uses, defining transitions from the public sidewalk to private
property, guiding pedestrians to entrances, and screening unsightly views. Fences shall be
subject to the provisions of article 235 except as follows.(A) Chain-link fences are prohibited except along rear and interior side property lines.(B) Decorative fencing is permitted in all districts, and is the only type of fencing permitted in
any front yard. Decorative fencing shall not exceed three (3) feet in height in neighborhood
residential districts and four (4) feet in height elsewhere, unless otherwise provided.
Approved decorative fencing materials are wooden shadowbox, decorative aluminum,
steel, iron, PVC, and solid masonry walls with paint over stucco.
(C) Barb or razor wire fencing shall be prohibited.
(D) Wood fences shall be constructed of cedar or other heavy timber that will not create a run-
down appearance after sustained exposure to the elements. Caps shall be part of the
fence design to protect the end grain of the slats.(E) Whenever possible, fences should be combined with other elements such as plant
material.(F) Fences shall generally be considered an extension of the adjacent structure or
architectural elements, and the materials and colors should be compatible.
(G) Walls or fences shall be used to screen pedestrian routes and spaces from service, utility,
or sanitation areas, and shall include a three (3)-foot wide landscape stnp to soften the
appearance. This landscape strip shall include shrubs or groundcover in compliance with
the landscaping requirements of the code, and shall be properly maintained.
Part 3 Subpart 1
Article 309 Land Development Code
(F) All such streets shall be comparable in terms of amenities and improvements with one of
the street section approved by the city commission in the CRA Redevelopment Plan for
the NW 1't Avenue in the City Center District Core.(G) At least one focal public open space shall be provided with a minimum area equivalent to
two and one-half (2.5) percent of the total netland area of the development. The city
commission may approve multiple, smaller open spaces if it finds that the design of the
smaller open spaces are appropriate to the overall design of the development and the
urban fabric adjacent to the development site.
City of Dania Beach 197 Draft: August 20't0
Part 3 Subpart 1
Article 3'10 Land Development Code
ARTICLE 310. BUILDING WPES.
(B)
310-10. Residential building types.
Single-family detached dwelling. A detached dwelling unit located upon its own lot, having
usable front, side and rear yards. This building type has the greatest set back from the
street of all residential types, and the greatest overall combined yard area. This type is
appropriate in established neighborhoods predominated by single-family detached
dwellings and two-family dwellings. A porch frontage or balcony over porch frontage is
required.
Two-family (duplex) dwelling. A dwelling containing two (2) dwelling units that may be
attached vertically or horizontally. A porch frontage or balcony over porch frontage is
required. See sec. 52540 tor design standards appltcable to two-family dwellings.
Mansion apaftment house. Three (3) or more apartments within a dwelling designed to
appear like a large single-family detached dwelling with usable front, side and rear yards.
The apartment units may be arranged vertically, horizontally, or both. Parking is permitted
in the rear yard and one side yard. Side yards must be fenced. See sec. 525-40'for
design standards applicable to mansion apartment houses.
Rowhouse dwelling. A dwelling containing three (3) or more dwelling units built close to
the street line, and attached side{o-srde with each unit spanning the front yard to rear
yard. All units must front a public street. Ground floor units must access the street
frontage through a porch, dooryard or stoop frontage. When designed with party walls and
one (1) unit from ground to roof, townhouse units may be owned in fee simple with the
land upon which situated. Stacked townhouses or stacked flats take on the same form as
townhouse buildings, except that upper floor units are accessed from internal foyers
connecting to stairwells. Maximum height is four (4) stories. Parking is rn the rear. Side
yards must be fenced or garden/street wall used unless the yard is used for driveway
access to the rear yard.
Apaftment building. A dwelling located at, or close to the street line, containing four (4) or
more apartment units. This type is also used for hotels without commercial uses.
Numerous configurations are possible, using double loaded corridors or lobbies on each
floor, off of which units are accessed, or courtyard frontages where units are accessed
directly from the courtyard. Apartment buildings must have a minimum two (2) stories and
can take the form of high-rise towers. Dooryard, stoop, or balcony over porch frontages
must be used. Apartment buildings under five (5) stories in height must provide individual
access to each ground floor unit fronting the street. Apartment buildings five (5) stories
and higher may provide a central lobby entrance instead, using a permitted frontage type.
The upper stories of an apartment building may be the same as those for a
commercial/mixed-use building. Parking shall be in the rear, and may include structured
parking. lnterior side yards must be fenced or street wall used pursuant to sec. 307-30
unless the yard is used for driveway access to the rear yard.
(c)
(D)
(E)
Sec.
(A)
Sec.
(A)
(B)
310-20. Nonresidential and mixed-use building types.
Commercial/mixed-use building. A building located at or close to the street line, with
ground floor devoted to commercial use, and upper floors devoted to commercial, lodging,
or resrdential use, provided that commercial use floors shall not be located above
residential use floors. lnterior side yards must be fenced or a garden/street wall used
unless the yard is used for driveway access to the rear yard. The shopfront or modified
shopfront are the permitted frontage types, provided that modified shopfronts are not
permitted within the City Center Core.
Live/work building. A building containing the primary places of work for occupants of
attached dwelling units. Live/work buildings are located at or close to the street line,
City of Dania Beach 't 98 Draft: August 2010
Part 3 Subpart 'l
Article 310 Land Oevelopment Code
characterized by ground floor work units each connected to a dwelling unit located behind
the work unit on the ground floor, above the work unit on an upper floor, or both. Work
spaces may extend to upper floors. Additional work units and residential units may be
located on upper floors, provided that work units and dwelling units are each stacked, such
that no residential unit shares a floor or ceiling with a work space other than the one to
which it is connected. Permitted frontage types are shopfront and modified shopfront.
lnterior side yard requires a garden/street wall unless the yard is used for driveway access
to the rear yard.(C) Civic building. A building containing public governmental or civic uses such as
governmental centers, schools, museums, convention centers, performing arts centers, or
places of worship. Civic buildings represent physical symbols of the city's social, cultural,
educational, and governmental activities. The physical composition of civic buildings
should result in distrnction from common buildings used for dwelling and business. The
building should be situated prominently on its site, many times set back from the street
with public open space. Therefore, new civic buildings and alterations to existing civic
buildings require city commission approval of the building design, orientation and
placement upon the lot. Accordingly, the city commission may waive the following
requirements of the CRA form-based zoning regulations to the extent that the proposed
site plan furthers the intent of this subsection:(1) district site development standards(2\ architectural design standards(3) frontage type standards
Figure 310- 1. This building as viewed across
a public plaza, complimentrng its prominent
architecture and announcing that it is a place of
civic importance.
Figure 3'10- 2. This illustrates the strategic
and prominent positioning of a civic building
at the end of a view corridor, centered on its
site, the use of symelry and open space to
frame the building.
Figure 310-3 This building is viewed across a public
plaza, complimenting its prominent architecture and
announcing that is a place of civic importance.
City of Dania Beach 199 Draft: August 20'10
nE a --I' i. ,.
lx;;
I
t-
-F5--
>
rl,
fI
El-/
Part 3 Subpart 1
Article 3'l l Land Development Code
Sec.
(A)
ARTICLE 311. FRONTAGE TYPES.
(B)
31 1-10. Generally.
The front of every building must face a street. The rear of a building, loading zones,
overhead doors and service entries are prohibited on street-facing facades.
Buildings shall provide a permitted frontage type along the street frontage. All principal
buildings shall have a principal entrance opening to a public sidewalk along a street, public
plaza, or private courtyard that opens to the street, consistent with a permitted frontage
type. The principal entrance shall not open onto a parking lot. Furthermore, all buildings
must provide entrances to individual ground story shopfronts or dwelling units along the
public sidewalk, plaza or courtyard unless otherwise provided in the building type
regulations.
Corner lots that have frontage on two (2) streets are required to have entrances only on
the principal street frontage. Streets designated as primary streets in the district
regulations shall always be the principal street frontage. Corner lots at the intersection of
two (2) primary streets shall either treat both streets as primary frontages, or shall treat the
street with the longest frontage along the block face as the primary frontage.
Building facades shall be built parallel to the street line, or parallel to the tangent of a
curved principal frontage line. This provisron is not intended to limit or preclude alcoves or
variations in the plane of the street-front fagade, nor the provision of plazas.
Secondary corner streets within all districts other than the neighborhood residential district
shall be treated as follows:(1) The building shall be built to the BTL of both streets within thirty (30) feet of the
corner unless the corner is a dedicated public plaza.(2) Fenestration and architectural detailing shall be provided to the greatest extent
possible along the secondary street pursuant to the applicable frontage type and
design standards. Any portion of the secondary street frontage not built to the BTL
shall provide a minimum five (5) foolwide planting strip placed at the back edge of
the sidewalk, and a street wall shall be built at the back edge of the planting strip
pursuant to the design standards of this article.
All stories above the ground story shall provide between thirty (30) and sixty +(60) percent
(c)
(D)
(E)
(F)
fenestration
Sec.
(A)
311-20. Frontage type definitions and standards.
Porch frontage. A covered entry and outdoor room, elevated
between eighteen (18) inches and three (3) feet above the
sidewalk, used in conjunction with front yards, that may extend
forward of the building fagade as a yard encroachment. A low
fence no more than three (3) feet above the sidewalk may be
used at the edge of the sidewalk in combination with a porch
when the porch is set back from the sidewalk. Alternatively, a
retaining wall not higher than three (3) feet may be used to
raise the front lawn with steps leading through the retaining
wall connecting the sidewalk with porch, provided that
adequate on-site storm water retention is provided. A variety
or porch designs are possible using the following standards:(1) Eight (8) feet minimum depth(2) Twelve (12) feet minimum width(3) Eight (8) foot minimum vertical clearance from floor to
ceiling for retrofits, but ten (10) feet is ideal.
llll!
f-.err
I BTL
Balcony over
porch frontage
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Article 31 1 Land Development Code
that may also utilize a low decorative translucent fence.
Residential dooryards can be open for the use of the dwelling
occupants, but should be landscaped for greatest privacy. A
terrace is suitable for an outdoor caf6 as the eyes of diners
are at the same level as passersby on the sidewalk. Upper
story balconies may extend up to four (4) feet foMard of the
BTL-(D) Stoop frontage. An exterior stair and landing at a building
entrance that extends forward of the BTL as an
encroachment, located close to the street line and elevated
between one and eighteen (18) inches and three (3) feet
above the sidewalk, securing privacy for the windows and
front rooms, and demarcating a vertical transition from public
to private realms. This type is suitable for ground floor
residential use, and may be interspersed with the shopfront
frontage type. The street setback for a stoop frontage shall
be the depth of the stoop, which shall be not less than four
(4) feet and not more than eight (8) feet, unless the
standards for a given district require a BTL that is further
back from the street line, in which case the stoop shall not
encroach further than six (6) feet forward of the BTL. Upper
story balconies may extend up to four (4) feet forward of the
higher than two (2) feet above the sidewalk. The
modified shop frontage requires between thirty (30)
and seventy (70) percent translucent glazing on the
ground floor between three (3) and eight (8) feet above
sidewalk grade. The modified shopfront is ideal for
ground-story office use and live/work units. Modified
shop fronts are not permitted within the Core of the
City Center District, and shall not be utilized for
buildings intended to house retail uses.
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City of Oania Beach 20'l Draft: August 2010
(B) Balcony over porch frontage. A frontage where the second (2"d) floor balcony or terrace
extends completely above the first (1't) floor porch and forms its roof. This pattern may be
repeated up to and including a fourth (4th ) floor.(C) Dooryard frontage. A shallow yard, generally eight (8) to twelve (12) feet in depth, open
to the sky, separates the sidewalk and building faQade. Accordingly, the minimum street
setback is erght (8) feet and the maximum street setback is twelve (12) feet, except that a
greater BTL may be required in district edge conditions. The yard may be at grade and
separated from the sidewalk by a low decorative translucent fence of four (4) feet
maximum height, or a terrace elevated not more than three (3) feet above the srdewalk
BTL. A variety of stoop designs are possible with the following standards.(1) Three (3) feet minimum platform depth, four (4) feet minimum overall depth.(2) Three (3) feet minimum width(3) Stoops must correspond directly to the building entry(ies)(4) Stoops may be covered by an awning or shed{ype roof
extending up to five (5) feet forward of the building fagade for the width of the stoop.(E) Shop frontage and modified shop frontage. A frontage in which a highly fenestrated
fagade is placed at or near the street line and the entrance is at sidewalk grade.(1) The shop front type is conventional for retail use, and requires a minimum of seventy
(70) percent translucenl glazang on the ground floor, with the window bottoms no
Part 3 Subpart 't
Article 31't Land Development Code
(2) Shop front store entrances should be recessed, not flush, with the edge of the
building fagade, to provide shelter for persons entering and exiting, to articulate the
fagade, and to provide maximum window display area at the entrance (the recess
allows the angling the shop windows at a forty-five (45) degree angle from the fagade
to the entry). Modified shop front entries should not be recessed.(3) Street frontage facades shall have entryways at reasonable intervals, typically no
more than fifty (50) feet apart. Ground level facades that face the street shall be
designed with entrances, windows, display windows, or other display devices.(4) Shopfronts and modified shopfronts must be combined with one of the following
elements.(a) Gallery roofs (attached cantilevered shed or lightweight colonnade) are
required to overlap the sidewalk to within three (3) feet of the curb face. The
gallery roof may form a balcony for an upper floor. This pattern may be
repeated for up to four (4) stories.(b) Awnings, which may be constructed of flexible or rigid materials, shall project
from the building fagade a minimum of seven (7) feet forward of the faQade,
and may extend over the sidewalk to within one (1) foot of the street tree
planting trench or grates. Awnings shall extend along a minimum of eighty (80)
percent of the building frontage, excluding recesses from the BTL for forecourts
and courtyard frontages. Balconies on upper stories shall not project forward
of the BTL with shopfronuawning frontage.(c) Arcades are colonnades supporting habitable
space above, that extend a minimum ten (10) feet
forward of the ground story fagade at all points,
and overlap the sidewalk. The arcade may
extend to within three (3) feet of the curb face
(provided there is no conflict with street trees and
street light poles), or may be set back further
provided there is a minimum ten (10) feet
between the curb face and colonnades. The
ground floor fagade shall be located at the BTL,
or behind the BTL if permitted by the applicable
district regulations. Upper stories of the building
may be built over the arcade.(F) Forecourt frontage. This frontage type is permitted as a
supplemental frontage for commercial/mixed-use and live-
work buildings. This frontage type features a fagade that is
built to the BTL but with the central portion being recessed
and uncovered. This type must be used in conjunction with
other frontage types. A forecourt may be used sparingly in
conjunction with a shopfront, gallery or arcade frontage, and
is suitable for gardens, outdoor dining, or in some cases,
vehicular drop-off. A fence or wall at the BTL, not exceeding
f-**
EAL
four (4) feet in height with a pedestrian opening, may be provided to define the space of
the court. A variety of forecourt designs are possible with the following standards:(1) The court must be between ten (10) feet and thirty (30) feet in depth, and between
ten (10) feet in width and not wider than fifty (50) percent of the building's street
frontage.(2) Courts between ten (10) feet and fifteen (15) feet in depth should be at least seventy-
five (75) percent paved and enhanced with landscaping.
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Article 3't 1 Land Development Code
(3) Courts between fifteen (15) feet and thirty (30) feet in depth must be designed with a
balance between paving and landscaping, such that the paved area should comprise
between fifteen (15) and seventy-five (75) percent of the court.(G) Couftyard frontage. This frontage type is permitted as a supplemental frontage for
commercial/mixed-use, live-work and apartment buildings. Courtyards buildings are
actually building types as much as they are frontage types, but are treated as frontage
types because they can be combined with multiple building types. Courtyards are frontage
and building type combination in which the building
substantially occupies the boundaries of its lot, and the
building frontage opens up into an internal yard provided in
the form of a courtyard.(1) The courtyard entrance may be fully open to the street
or may be accessed through a wide opening in the
fagade over which upper stories extend. The courtyard
may be defined by a single building or multiple buildings
on the lot that are arranged so as to enclose the
courtyard on three (3) or four (4) sides, or may enclose
the courtyard at least two (2) sides, forming a linear
BTL
Courtyaid
frontage
courtyard that extends between parallel block faces or between a street to a parking
facility, much like a wider and more functional version of a paseo. A linear courtyard
frontage is useful in linking two parallel streets, such as Federal Highway and East or
West 1st avenues, and may be used in lieu of a paseo. Most typically, courtyards
are enclosed on three (3) sides by a single building that is roughly "U" shaped.(2) ln a commercial block, this type should be used sparingly in conjunction with other
frontage types, with the sum total of actual courtyard openings along a block limited
to twenty (20) percent of the block face. A courtyard is suitable for gardens, outdoor
dining, or in some cases, a vehicular drive. A fence or wall at the street line not
exceeding four (4) feet in height with a pedestrian opening may be provided to define
the space of the court.(3) The courtyard width must be at least fifteen (15) feet and not more than fifty (50) feet,
and the courtyard opening to the street must not comprise more than fifty (50)
percent of the building width at the BTL (or in the case of a linear courtyard, the
combined width of buildings on each side of the courtyard).(4) Courtyards must be designed with a balance between paving and landscaping, such
that the paved area should comprise no more than fifty (50) percent of the courtyard.(5) All ground floor dwelling units or nonresidential suites fronting the courtyard shall
have primary access from the courtyard. Upper level units may also have access
from the courtyard via exterior staiMays. Use of double loaded corridors is
discouraged, in favor of having all units/suites fronting either the street, courtyard or
both with external direct access to each unit or suite.(6) The courtyard frontage in combination with an apartment building requires a
minimum setback of ten (10) feet from any interior lot line wherever windows will face
such property lines. A minimum five (5) foot-wide landscape buffer shall be provided
along such lot lines to create privacy.(7) The street BTL for courtyard frontages shall be the same BTL required for shopfront,
porch or stoop frontages used in combination with the courtyard.(8) Nonresidential courtyards shall be accessible to the public for at least the time of
normal business hours.(9) Required street frontages shall be continued throughout the courtyard, with entries to
the courtyard, business and storefronts within the courtyard designed and lighted so
they are safe and visible to courtyard guest, avoiding hiding places.
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Article 311 Land Development Code
(10) Courtyards should provide at least one sitting place for each one hundred (100)
square feet of courtyard in addition to any permitted outdoor dining provided.
(11) Courtyards should have adequate mixof sun vs. shaded area, no more than fifty (50)
percent of the courtyard should be covered with a roof.
(12) No vehicular access, loading, or parking is permrtted.
(13) At least ten (10) percent of the courtyard surface shall be landscaped. Shade trees
and gardens are encouraged.
City of Dania Beach 204 Draft: August 2010
Part 3 Subpart 1
Article 312 Land Development Code
ARTICLE 3'12. CIVIC OPEN SPACE; STANDARDS AND GUIDELINES.
Sec. 312-10. Generally.
The following areas shall qualify as open space to satisfy minimum open space requirements
and qualify for open space incentives: landscaped areas; plazas; courtyards; pocket parks, and
paseos. All such areas must comply with the standards of this article and the urban design
standards of article 525 in order to satisfy open space requirements and qualify for incentive
bonuses pertaining to provision of open space.
Sec.
(A)
(B)
(c)
312-20. Plazas.
Definition. Plazas are pedestrian-friendly open spaces that extend the public realm from
the street or sidewalk to the main entry of an adjacent building. Plazas are designed to
facilitate public gatherings and congregations. Plazas are usually provided in front of a
multistory building, which incorporate urban design elements such as special pavers,
public art, architectural elements and water features.
S2e. Plazas shall be a minimum of two thousand, five hundred (2,500) square feet in
area.
Location. Plazas and civic open spaces shall generally be located along major
thoroughfares and intersections and shall not interfere with vehicular traffic, pedestrian
flow or building activities. Plazas are encouraged in the CC, EDBB-MU, NBHD-MU, and
SFED-MU districts to facilitate public gatherings and public congregation.
Figure 312-1
Figwe 312-2
(D) Access. Plazas should abut public areas and be physically and visually accessible from
the public sidewalks. Security fences, walls, and entry gates should not block the sidewalk
edge of the plaza or views into the plaza. The plaza shall be accessible to the public for at
least the time of normal business hours. Vehicular access, loading, or parking within the
plaza is prohibited. Emergency access drives wrll be considered through plaza upon
review of integration into plaza design.(E) CPTED design. Adjacent development should be designed with Crime Prevention
Through Environmental Design (CPTED) principles, including natural surveillance
considerations, furthered through building orientation and access to the park, and
fenestration, in order to encourage use and ensure security. There should be no potential
hiding places. Special features, and medium size vegelalion shall be implemented with
this in mind. Adequate security lighting shall be provided to aid in natural surveillance and
crime deterrence.
City of Dania Beach 205 Draft: August 2010
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Article 312 Land Development Code
(F) Building wal/s. Ground level facades facing a plaza shall avoid blank walls that are devoid
of generous glazing and entrances(G) Roortops p/azas. Rooftops can be used for open space, including sun decks, pool decks,
tennis courts, gardens, and outdoor cafes/restaurants. Rooftop open space does not
qualify open space credit, although it may qualify for credit as a green building practice.
(H) Water features. A water feature or public art is required for the open space incentive
bonus. The use of water, in a variety of forms adds aesthetic value to the area and a
sense of respite. Water features help to mask inhospitable noise, direct attention, cool the
microclimate of a space and create a positive image of the area. They can be freestanding
features, or attached to a building wall. The visual aesthetic shall be carefully considered
when designing water features. A variety of water feature effects are encouraged, such as
the use of bubblers, sprays, falls, and mists. Lighting should accompany water features
to add visual interest during nighttime hours and additional security. All water features
must conform to local codes and regulations, and shall not have exposed mechanical or
electrical equipment. Figure 312_3
(l) Public aft. Public art, as defined in sec. 725-30, is
encouraged adJacent to public sidewalks and in
open spaces to create identity and to celebrate the
local art community in Dania Beach. The inclusion
of public art or water feature is required for the
open space incentive bonus. Any public art shall be
free of sharp edges or obstructive elements that
might cause physical harm. Public art shall be
permitted within public pedestrian corridors or
sidewalk upon the approval of the public services
director and approval of necessary encroachment license and maintenance agreement in
a form acceptable to the city attorney.(J) Special paving. Special paving is an important element within an urban setting. lt defines
space along the ground plane and contributes to a place's unique sense of identity.
Special paving shall be incorporated into plazas and other open spaces. Paving materials
shall reflect the intensity of expected pedestrian traffic, aid in circulation routes and create
identifiable ground plane associations. There are a variety of materials, colors and shapes
available for special paving. Careful consideration should be made in the selection of the
materials, colors and shapes for special paved areas, especially in area dedicated for
public use.(K) Shading. Plazas should have adequate mix of sun vs. shaded area. No more than forty
(40) percent of the plaza shall be covered with a roof. At least ten (10) percent of the
plaza's surface shall be landscaped to provide heat relief.(L) Seat,ng. Plazas shall provide at least one (1) sitting place for each two hundred (200)
square feet of plaza in addition to any permitted outdoor dining provided.
Sec. 312-30. Pocket Parks.(A) Definition. A small, mostly passive, urban park that offers shaded seating and can include
water features, art or a small playground, and can offer relief from the urban hardscape.
Pocket parks may be utilized as an urban agricultural garden pursuant to sec. 302-10 and
3'12-50. They can also serve as tollots for adjacent residences.(B) Slze. Pocket parks range in size from at least twenty-five hundred (2,500) square feet to
approximately one-quarter (1 14) a$e.
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(c)
(D)
Part 3 Subpart 1
Article 312 Land Development Code
Location. Pocket parks should abut streets and be physically and visually accessible from
the public sidewalks.
CPTED design Adjacent development should be designed with Crime Prevention
Through Environmental Design (CPTED) principles, including natural surveillance
considerations, furthered through building orientation and access to the park, and
fenestration, in order to encourage pocket park use and ensure security. There should be
no potential hiding places. Special features, and medium size vegetation shall be
implemented with this in mind. Adequate security lighting shall also be provided to aid in
natural surveillance and crime deterrence.
Access. The pocket parks shall be accessible to the public for at least the time of normal
business hours. A pocket park shall be exclusive of any vehicular access, loading and
parking areas.
Seating. Pocket parks shall provide at least one (1)sitting place (i.e. seat for one person)
for each two hundred (200) square feet.
Shade. An even mix of sun and shade coverage is encouraged.
Plastic playground equipment is discouraged.
Amenities. The park shall provide a water feature, public art, or playground equipment for
incentive credit.
(E)
(F)
(G)
(H)
(t)
Figure 3124Sec. 312.40. Courtyards.
See courtyard frontage type under building
frontage type standards.
Sec. 312-50. Urban agricultural garden.
Urban agricultural gardens are plots of land
gardened by a group of people. Such gardens
include small gardens where people grow
vegetables, as well as tiny street beautification
planters on urban street corners. For all their
diversity, however, most community gardens
share at least four elements in common. land (or
a place to grow somethrng); plantings; gardeners;
and some sort of organizing arrangements. Landfor a community garden can be publicly or
privately held. One strong tradition in community
gardening in urban areas is cleaning up
abandoned vacant lots and turning them into
productive gardens. Alternatively, community
gardens can be seen as a health or recreational
amenity and included in public parks, similar to
ball fields or playgrounds.
City of Dania Beach 207 Draft: August 2010
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Part 3 Subpart 2
Article 315 Land Development Code
PART 3
SUBPART 2. HOTEL OVERLAY DISTRICT
ARTICLE 315. HOTEL OVERLAY DISTRICT.
Sec. 315-10. Created.
This section creates the Hotel Overlay District which shall be an overlay district supplementing,
and cumulative to, the development regulations of the underlying zoning district. Designation of
any property as part of a Hotel Overlay District does not change the effective land use plan
designation or the underlying zoning district. These provisions are intended to supplement
underlying zoning regulations in order to support the stated purpose of the overlay district, and
shall control in the event of conflict.
Sec.
(A)
(B)
315-20. Purpose.
Purpose. The Hotel Overlay District is designed to apply where coordination is needed
between separately developed projects to address issues such as infrastructure,
environmental protection, signage, pedestrian movement, parking, access, or employment
activities, to facilitate the provision of hotel and ancillary service areas supporting city
tourism as deemed appropriate by the city commission. The city commission, tn its
implementation of these districts, seeks to provide safety measures and controls for the
protection and convenience of out-of-town travelers, unfamiliar with the city.
Encouraged Development Components. ln order to achieve high quality development and
promote innovative design concepts and flexibility, the following components shall be
encouraged within the Hotel Overlay District:(1) The arrangement of uses and structures designed to encourage compatible mixed-
use and multi-use developments within a master-planned style of environment,
regardless of the existence of multiple site ownerships or separately developed lots.(2) The provision for adequate transportation systems to serve the development
including sufficient rights-of-way, street extensions, shared access, cross access,
internal circulation, capacity improvements, and pedestrian circulation.(3) The provision of shared infrastructure for parking and storm water management
facilities as well as public utilities.(4) The provision of coordinated landscaping, parking facilities, pedestrian amenities,
and signage controls.
Sec. 315-30. Hotel overlay district designations.(A) Applicability. A petition for rezoning to Hotel Overlay District may be made pursuant to the
procedures of article 645 (rezoning), only for properties intended to operate and perform
as a cohesive development site, regardless of the existence of multiple uses, land owners
and site developers. ln order to qualify for designation, the proposed area shall meet the
criteria below:(1) Any Hotel Overlay District shall include a minimum of two (2) hotels;(2) Adjacent office or retail support facilities may be included as appropriate based on
location, use or access relationships between the hotels and adjacent facilities,(3) ln order to provide a unity, connection and identification with the primary street
system, any area proposed for designation as a Hotel Overlay District shall include at
least one property adjacent to either Griffin Road or Stirling Road.(4) The majority of uses must provide support services to tourism within the city, or to
another development in the proposed Hotel Overlay District which provides support
services to tourism.
208 Draft: August 2010City of Dania Beach
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Article 315 Land Development Code
(5)
(6)
(7)
Hotels shall provide shuttle service to the airport.
Uses ad.iacent to hotels in the proposed district, including but not limited to office,
restaurant and other retail shall be deemed supportive services by virtue of the
potential use interactions, and safe and convenient pedestrian paths are to be
provided between the hotels and these areas.
All property owners whose property is proposed for inclusion in a Hotel Overlay
District must join in the application for designation.
The location, design and size of the shared monument sign, pursuant to the
requirements of sec. 315-50, shall be submitted for approval with the application for
a Hotel Overlay District.
(8)
315-40. Parking.
On-site location of required parking spaces. Parking spaces for all uses or structures
which are provided to satisfy the schedule of off-street parking and other applicable
provisions shall be located on the same lot as the principal use or structure they are
intended to serve, except as provided in this section.
Off-site location of required parking spaces. Establishment of required parking facilities on
off-site properties may be permitted as follows:(1) Two (2) or more abutting properties within the Hotel Overlay District may enter into a
cross-access agreement with each other providing for the shared use of excess
parking pursuant to sec. 265-80 (off-site parking).
Number of required parking spaces. The city commission may authorize a different
quantity of off-street parking spaces than required in a(icle 265 as being sufficient for the
uses in the overlay district, based upon an engineer's parking study, after considering the
recommendation of the community development director.
Sec.
(A)
(B)
(c)
Sec. 315-50. Signage.(A) Generally. Signage shall meet all the requirements of article 505, sign regulations, based
on the underlying zoning district and use, except as provided in this section. ln the event of
conflict between this section and article 505, this section shall prevail.(1) ln the event a commercial use is designed to front both the hotels and Griffin Road or
Stirling Road, article 505 may be applied to allow individual signage on both sides of
the commercial building.(B) Shared district monument srgn. The properties within the Hotel Overlay District shall
provide one (1) shared district monument sign, which shall identify all properties and uses
within the designated overlay district subject to the requirements of the underlying sign
regulations as modified in this sectron:(1) The shared drstrict monument sign shall be located on a property adiacent to Griffin
Road or Stirling Road, as applicable, and shall be substituted for a monument sign
which would otherwise be permitted on that property. This does not preclude the
placement of additional signage, identifying the Griffin Road or Stirling Road property
only, if additional signage would be otherwise permitted under the sign regulations of
article 505.(2) The shared district monument sign shall meet the requirements of sec. 505-140(C)
(principal arterial design standards) except that the shared district monument sign is
permitted to be seventy-eight (78) square feet in area and eight (8) feet in height.(3) The city commission may approve a larger monument sign than that permitted in this
section, if it determines that the additional area is necessary to legibly identify all the
shared overlay district uses on the sign.(4) The location, design, and size of the shared district monument sign shall be
approved at the time application for the Hotel Overlay District is made.
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Article 315 Land Development Code
(c)Shared district pole sign. lf any property within the Hotel Overlay District is located within
one thousand (1,000) feet of lnterstate 95, a single pole sign shall be permitted in the
district, which pole sign shall be a shared district pole sign.(1) The shared district pole sign shall identify every use within the designated Hotel
Overlay District which:(a) has greater than sixty thousand (60,000) square feet of enclosed area under
roof; and(b) has no other existing pole sign identification within the Hotel Overlay District.(2) The shared district pole sign shall not exceed a height of fifty (50) feet or twenty-five
(25) feet above the height of the elevation of the abutting interstate highway,
whichever is less, and fifty (50) square feet in area per eligible advertised use.(3) No use shall be advertised on more than one ('l) pole sign within the overlay district.(4) The city commission may approve a maximum size or height of this pole sign larger
than that permitted in this section, if it determines that the additional area or height is
necessary to legibly identify all the eligible shared overlay district uses on the sign.(5) No new pole signs except a single shared district pole sign as permitted above shall
be permitted within the overlay district.(6) Legal pole signs existing at the date of designation as a Hotel Overlay District shall
become nonconforming signs with regard to the requirements of this overlay district,
and shall be subject to the nonconforming sign provisions of sec. 505-180, unless
one (1) such sign is modified and utilized as the sole shared pole sign for the overlay
district.
City of Dania Beach 210 Draft: August 2010
Part 3 Subpart 3
Article 320 Land Development Code
PART 3
SUBPART 3 PORT EVERGLADES DEVELOPMENT DISTRICT (PEDD)
ARTICLE 320. PORT EVERGLADES DEVELOPMENT DISTRICT (PEDD).
Sec. 320-10. Purpose.
This district is intended to provide for and encourage appropriate and consistent land use
patterns where applied within the jurisdictional boundaries of Port Everglades irrespective of
whether the land being regulated lies within the municipal boundaries of the cities of Hollywood,
Fort Lauderdale or Dania or within the unincorporated territory of Broward County. The uses
and standards allowed within this district recognize the need to accommodate the use of the
lands within Port Everglades which is a major regional facility essential to the continued
economic vitality of the cities and the county. lt is anticipated that the intent of the district will be
accomplished by concurrent adoption of the regulations by the three (3) cities and the county
with support and coordination by the port authority.
Sec.
(a)
(b)
(c)
(d)
(e)
(0
(s)
(h)
(i)
0)
(k)
(t)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
320-20. Uses permitted.
Offices.
Governmental facilities.
Marine cargo handling.
Parking garage.
Passenger terminal.
Railroad and truck terminal.
Shipbuilding and repair.
Utilities including electric, gas and sanitary.
Warehouses.
Assembly of products from prefabricated parts.
Banks and financial institutions.
Car rental agencies.
Machine shops.
lndustries not involving hazardous or nauseous substance, matenal or processes as
defined in section 32040 below.
Outdoor storage of material or products being processed in or transported through the
port.
Restaurant.
Retail commercial, which is accessory to an otheMise allowable use.
Service station.
Wholesale sales.
Marine related educational facilities.
Marinas.
Petroleum processing, transmission and storage.
Recreational facilities.
Sec. 320-30. Special exception uses.
The following uses may be allowed provided that they are approved at a public hearing before
the city commission pursuant to the procedures and requirements of article 630:(a) Convention or conference facilities.(b) Educationalfacilities.(c) Hotels and motels.
City of Dania Beach 2',11 Draft: August 2010
Part 3 Subpart 3
Article 320 Land Development Code
(d) Ljbraries, art galleries, museums and similar facilities. The city commission must make the
following findings in connection with any approval of uses listed within this section.(1) That the land upon which the use is proposed is not necessary for future industrial
USES.(2) That the proposal complies with the county land use plan restriction of no more than
twenty percent (20%) nonindustrial use within an industrially designated flexibility
zone.(3) That the proposal will not adversely affect the future use of surrounding industrially
designated lands for industry.(4) That the proposal is designed in such a manner as to preserve, perpetuate and
improve the natural environmental character of the proposed site and surrounding
area.(5) That the regional transportation system will have capacity to serve the proposed
development at or above service level "D."
(ord. No. 19-85, S 1(3),6-25-85)
Sec. 32040. Uses permitted where site is approved.
Whenever application is made for a building permit to erect any building or improvement upon
any site in the PEDD district in which the premises may be or are contemplated to be used for
industries or uses involving any processes, substance or mixture of substances which is toxic,
corrosive, an irritant, a strong sensitizer, or which generates pressure through decomposition,
heat or other means, if such substances or mixture of substances may cause substantial
personal in1ury or substantial illness during, or as a proximate result of, any customary or
reasonably foreseeable handling or use, or which is identified as hazardous by state or federal
legislation, the building inspector shall not issue such building permit until the use of such site
for such purpose has been approved by resolution of the city commission, after written report by
the city and port fire departments and any other governmental agency having jurisdiction. ln
determining whether to approve such use, the city commission shall consider its compatibility
with other uses in the vicinity and the potentially harmful or dangerous effects of such use on
persons and property.
Sec
(a)
(b)
(c)
(d)
(e)
320-50. Development standards.
Maximum helghf. No building or structure shall exceed a height prescribed by the Federal
Aviation Adm inistration.
Minimum /o, sze. None.
Minimum lot width. None.
Minimum selbacks. None except that there shall be a fifteen (15) foot wide landscaped
area adjacent to residentially zoned property.
Required off-street parking. Otf-slreet parking spaces developed in compliance with
diagrams 1, 2, and 3 [diagrams on file in the office of the city clerk] shall be provided as
follows.(1) Educational facility. One space for every two hundred (200) square feet of gross
floor area.(2) Hotels and motels. One space for every unit.(3) Manufacturing. One space for every four hundred (400) square feet of gross floor
area.(4) Shipyard. ln addition to spaces required for buildings within the yard, ten (10)
spaces for each ship berth in excess of three hundred (300) feet in length or for each
dry dock.
City of Dania Beach 212 Draft: August 2010
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Afticle 320 Land Development Code
(f)
(5) Marinas. One space for every boat slip, except for dry marinas where the
requirements shall be one space for every one thousand (1 ,000) square feet of gross
floor area of storage structure.(6) Museums, aft galleries, libraries. One space for every two hundred (200) square feet
of gross floor area.(7) Offlces. One space for every two hundred (200) square feet of gross floor area.(8) Places of public assembly. One space for every (4) seats or for every sixty (60)
square feet of net floor area available to the public whichever is greater.(9) Restaurant. One space for every fifty (50) square feet of net floor area available for
seating.
(10) Retail sales. One space for each two hundred (200) square feet ofgross floor area.
(11) Warehouses. One space for every one thousand (1,000) square feet of gross floor
atea.
(12) Freezer warehouses. One space for each five thousand (5,000) square feet of gross
floor area.
(13\ Wholesale sa/es. One space for every one thousand (1,000) square feet of gross
floor area.
(14) Uses not specifically /isted. The requirements for off-street parking for any uses not
specifically listed above shall be the same as provided in this section for the use
most similar to the one sought.
(15) Mixed uses. ln the case of mixed uses, the total requirements for off-street parking
shall be the sum of the requirement of the various uses computed separately, except
where specific requirements are stipulated in this article. Off-street parking spaces
for one use shall not be considered as providing the required off-street parking for
any other use.
(16) Handicap-accesslble parking. Parking spaces for the disabled shall be provided as
required by state and county regulations and the building code.
Req u ired loading spaces.(1) On the same plot with every structure or use hereafter erected or created, there shall
be provided and maintained adequate space for loading and unloading of materials,
goods or things and for delivery and shipping, as specified within paragraph 4 of this
subsection, so that vehicles for these services may use this space without
encroaching on or interfering with the public use of street and alleys by pedestrians
and vehicles.(2) Where any structure is enlarged or any use is extended so that the size of the
resulting occupancy comes within the scope of this section, the full amount of off-
street loading space shall be supplied and maintained for the structure or use in its
enlarged or extended size. Where the use of a structure or land, or any part of a
structure or land, is changed to a use requiring off-street loading space under this
section, the full amount of off-street loading space shall be supplied and maintained
to comply with this section.(3) For the purposes of this section, an off-street loading space shall be an area at the
grade level at least ten ('10) feet wide by twenty-five (25) feet long with fourteen (14)
foot vertical clearance. Each off-street loading space shall be directly accessible from
a street or alley without crossing or entering any other required off-street loading
space, and arranged for convenience and safe ingress and egress by motor truck, or
truck and trailer combination. Such loading space shall also be accessible from the
interior of any building it is intended to service.(4) Off-street loading spaces shall be provided and maintained in accordance with the
following schedule.
City of Dania Beach 213 Draft: August 2010
Part 3 Subpart 3
Article 320 Land Development Code
a. Over 10,000 square feet of interior space but not over 25,000 square feet . . . 1
space
Over 25,000 square feet but not over 60,000 square feet . . . 2 spaces
Over 60,000 square feet but not over 120,000 square feet . . . 3 spaces
Over 120,000 square feet but not over 200,000 square feet . . . 4 spaces
Over 200,000 square feet but not over 290,000 square feet . . . 5 spaces
Plus, for each additional 90,000 square feet over 290,000 square feet or major
fraction thereof . . . 1 spaceb. For each auditorium, convention hall, exhibition hall, museum, hotel, office
building, sports arena, stadium, hospital, sanitarium, welfare institution or
similar use which has an aggregate gross floor area of:
Over 20,000 square feet but not over 40,000 square feet . . . 1 space
Plus, for each additional 60,000 square feet over 40,000 square feet or major
fraction thereof . . . l spacec. For any use not specifically mentioned in this section, the requirements for off-
street loading for a use which is so mentioned and to which the unmentioned
use is similar shall apply.(5) Off-street loading facilities supplied to meet the needs of one use shall not be
considered as meeting off-street loading needs of any other use.(6) No area or facilities supplied to meet the required off-street parking facilities for a use
shall be utilized or be deemed to meet the requirements of this section of off-street
loading facilities.(7) Nothing in this section shall prevent the collective, joint or combined provision of off-
street loading facilities for two (2) or more buildings or uses, provided that such off-
street loading facilities are equal in size and capacity to the combined requirements
of the several buildings or uses and are so located and arranged as to be usable by
multiple buildings or uses.(8) Plans for buildings or uses requiring off-street loading facilities under the provisions
oi this section shall clearly indicate the location, dimensions, clearance and access
of all such required off-street loading facilities.(g) Signs. All signs must comply with the standards set forth below.
General Commercial and lndustnal Si NS
Maximum
Area
Maximum
HeightPurposeType
1 freestanding or flat wall 32 square feet aggregate 8 feet
Tem porary
construction or
temporary
announcing
32 square feet aggregate 8 feetTemporary real
estate
1 freestanding or flat wall
5 feet
6 square feet aggregate 15
square feet aggregate, 8
inches maximum height for
letters of copy
1 freestanding or flat wall
leaf on window or door
and one awning canopy
4 feetAny type-2 per street
access maxtmum
12 square feet aggregate
each sign
Direction or
informational
City of Oania Beach 214 Draft: August 2010
Occupant
identification
Part 3 Subpart 3
Article 320 Land Development Code
Credit card ldentification on windows
and doors
2 square feet per sign, 8
square feet aggregate N/A
Temporary window 1 on each window
N/A
10% square feet maximum
Primary advertising
signs
Any two of the following (three total if more than one street
frontage)
Painted wall
15% of front wall or 1 0% of
corner street wall, 200
square feet maximum
N/A
Flat wall
1 5% of front wall or 1oo/o of
corner street wall, 200
square feet maximum
N/A
Projecting 64 square feet aggregate
projecting maximum
Roof line
Freestanding (if main
street frontage is 100 feet
or greater)
1 square foot per face per 1
linear 64 square feet per
face maximum--2 faces
maximum
1 6 feet
Freestanding (if less than
100 feet frontage)64 square feet aggregate 1 6 feet
(h) Landscaping. All parcels developed under these regulations shall provide well maintained
professionally landscaped areas equal to ten percent (10%) of the total parcel area except
those parcels used for the following purposes.(1) Marine cargo handling.(2) Ship berthing.(3) Open storage areas.(4) Shipbuilding and repair.(5) Rail and trucking terminals.
Sec. 320-70. Site plan review.
Uses allowable within this article are exempt from the provisions of any site plan review
ordinances.
Sec. 320-80. Variance.
Any variance of the regulations contained within this article shall be processed pursuant to the
variance procedures established within article 625.
City of Oania Beach Draft: August 20't 0
10% of window
50 square feet maximum
aggregate
Sec. 320-60. Subdivision review.
Subdivision of land within this district shall be subject exclusively to Article lX, Chapter 5 of the
Broward County Code of Ordinances with local review. Subdivision regulations of any city within
which the property is located shall not apply.
z',ts
Part 3 Subpart 3
Article 320 Land Development Code
Sec. 320-90. Building permits.
Any development within this district shall be subject to the building code, the National Electric
Code, the National Fire Protection Association 101 Life Safety Code, Fire Prevention Code of
the American lnsurance Association and the Broward County Fire Code. Permits shall be
obtained and inspections made by building and fire department personnel of the city or county
jurisdiction within which the property being developed is located.
Sec. 320-100. Business tax receipts.
Any use of property within this district shall be subject to applicable requirements for the
obtaining of a business tax receipt.
Sec. 320-l t 0. Amendment of text, use variance or application of district.
The provisions of the Port Everglades Development District shall control land use within the port
only when approved by the cities of Hollywood, Dania Beach and Fort Lauderdale, and the Port
Everglades Port Authority. Any subsequent proposal for amendment of the district regulations,
use variance or removal of port authority property from these provisions must be approved
jointly by the jurisdiction within which such provisions apply and the port authority with specific
notification to other jurisdictions initially adopting the regulations.
City of Dania Beach 216 Draft: August 2010
Part 4
Article 400 Land Development Code
PART 4 SUBDIVISION
REGULATIONS.
AND OFF-SITE IMPROVEMENT
Sec.
(A)
ARTICLE 4OO.STREET DEDICATIONS AND DESIGN STANDARDS.
(B)
400-10. Dedications required; minimum required street width for plat approval.
New streets. All plats presented to the city commission for approval shall show a
minimum width of sixty (60) feet for all new local access streets. The minimum right-of-
way requirement for collector and minor arterial streets is eighty (80) feet. The city may
require additional right-of-way for minor arterial streets based upon design characteristics.
Existing street width. All existing streets within the city have a prescribed width. Article
815 of the Technical Appendix designates the required width for all streets in the city.
When a street does not contain the prescribed right-of-way width, an abutting plat is
required to dedicate additional right-of-way pursuant to this section.
Provision for utilities. Adequate easements and rights-of-way shall be provided for the
installation of sewers and the extension of water mains and utilities.
Acceptance required. No dedication of, or attempt to dedicate, any land or water for any
public purpose whatsoever, and no conveyance of, or attempt to convey, any land or water
for any public purpose whatsoever, shall be effective unless and until the same shall be
accepted and approved by resolution or ordinance of the city commission.
(c)
(D)
Sec. 400-20. Arrangement of streets, alleys, blocks, lots.
Reserved.
Sec. 400-30. Geometric street design standards.
Streets and sidewalks shall be designed in compliance with the standards oI A Policy on
Geometric Design of Highways and Streefs, most recent edition, by the American Association
of State Highway & Transportation Officials.
Sec. 400-40. Street construction standards.(A) Construction, repairs and restoration activity within city rights-of-way shall conform to the
technical standards and specifications as contained in the Broward County Public Works
Manual.(B) The holder of a permit is not authorized to open cut any roadway in the city unless it can
be demonstrated to the city that directional bore installation is not available.
Sec. 400-50. Access standards for development.
Driveway spacing, width, number, and geometric standards shall be designed and constructed
in compliance with the standards of A Policy on Geometric Design of Highways and Slreets,
most recent edition, by the American Association of State Highway & Transportation Officiais.
Sec. 400-60. Street drainage.
Drainage facilities shall be designed and constructed in compliance with the standards of A
Policy on Geometric Design of Highways and Sfreers, most recent edition, by the American
Association of State Highway & Transportation Officials.
Sec. 400-70, Gonstruction of streets in wetlands areas, height specifications and
approval.(A) All city streets constructed over and across areas within the corporate limits of the city that
have been designated as wetlands by the Department of Environmental Regulation of the
City of Dania Beach 217 Draft: August 2010
Part 4
Article 400 Land Development Code
State of Florida or the U.S. Army Corps of Engineers shall be elevated to a height
sufficient to permit the free flow of any surface water across said area and to protect the
habitat of all plant and animal life in and about such streets.(B) The plans and specifications for construction of any city streets which are subject to the
foregoing requirement shall be approved by the Department of Environmental Regulation
of the State of Florida, the U.S. Army Corps of Engineers and all other agencies having
jurisdiction over the wetlands in the subject areas including the city commission which
shall have the right of final approval.
City of Dania Beach 218 Draft: August 2010
Paft 4
Article 405 Land Development Code
Sec.
(A)
ARTICLE 405. UTILITIES IN NEW SUBDIVISIONS.
(B)
405-10. Water and sewer infrastructure.
The developers or subdividers of a new subdivision or development shall, at their
expense, supply all lines, valves, hydrants, cutoffs and other equipment that is necessary
to provide water service and fire protection to a subdivision or development, as well as all
lines and valves that are necessary to provide sanitary sewer service to the subdivision.
Easements shall be provided for the installation of underground utilities or relocating
existing facilities in conformance with such size and location of easements as may be
determined by the director of public services to be compatible with the requirements of all
utility companies involved with respect to a particular utility service.
Final construction drawings shall be submitted to the city for approval prior to the city's
issuance of a permit for the installation of water and sewer lines and equipment.
See chapter 27 , arlicle Vl in the code of ordinances for additional regulations pertaining to
potable water and sanitary sewer service. See article 635 for site plan submittal
requirements, which include preliminary water and sewer schematics.
(c)
(D)
Sec.
(A)
(B)
405-20. Underground utilities required; exceptions.
In new residential subdivisions all utility lines (including, but not limited to, those required
for electrical power distribution, telephone and telegraph communication, street lighting
and television signal service) shall be installed underground. This section shall apply to all
cable, conduits or wires forming part of an electrical distribution system, including service
lines to individual properties necessary to serve the subdivision under consideration.
However, this section shall not apply to wires, conductors or associated apparatus and
supporting structures whose exclusive function is in transmission of electrical energy
between generating stations, substations and transmission lines of other utility systems
and main distribution feeder electric lines delivering power to local distribution systems.
Appurtenances such as transformer boxes, pedestal-mounted terminal boxes, and meter
cabinets may be placed above ground and shall be located in such a manner as to
minimize noise effects upon the surrounding residential properties.
The subdivider or developer shall provide for the necessary costs and other arrangements
for such underground installation with each of the persons furnishing utility services that
are involved with respect to a particular development.
City of Dania Beach 2',19 Draft: August 2010
Part 4
Article 410
ARTICLE 410. DRAINAGE FACILITIES.
(A)
(B)
All subdivisions shall be designed to comply with the drainage level of service standards in
article 805, "Concurrency requirements".
All subdivisions and development of land shall provide on-site and street drainage facilities
constructed to comply with public services department standards.
City of Dania Beach 220 Draft: August 2010
Land Development Code
Part 4
Article 415 Land Development Code
ARTICLE 415, SIDEWALKS AND SWALES.
(A) Chapter 22, Article 2 of the code of ordinances requires that plats provide for sidewalks
along public streets, requires construction of sidewalks when buildings are constructed or
substantially improved, and establishes minimum width and construction standards for
sidewalks. These standards are superseded by the sidewalk standards of Article 309,
which apply to the CC, SFED-MU, EDBB-MU, and NBHD-MU districts.(B) Chapter 22, Article'l of the code of ordinances governs the use and maintenance
responsibility of rights-of-way and swales, including but not limited to, required sodding or
seeding of unpaved swales, limitations on the use of concrete or pavers when constructing
driveways within the right-of-way, allowable encroachments, and tree planting and
maintenance regulations
City of Dania Beach 221 Draft: August 2010
Land Development Code
ARTICLE 420.
IMPROVEMENTS.
APPROVAL, GUARANTEE AND CONSTRUCTION OF OFF-SITE
Sec. 420-10. City to control improvements within rights-of-way.
No dedicated public street or alley can be constructed, improved or extended except by the city
or under its supervision. No such dedicated street or alley may be constructed except on street
grades established by the city.
Sec.
(A)
(B)
Sec.
(A)
420-20. Construction drawings.
Profiles to be submitted. Every person proposing to subdivide property shall furnish, along
with each subdivision plat, a plan showing profiles of all streets and grade line of paving to
be constructed, together with all culverts or other existing or proposed drainage structures.
All elevations shown must be referred to United States Coast and Geodetic Survey mean
sea level.
Paved streets. Every person proposing to subdivide property shall pave all streets
contained in the subdivision or shown on the subdivision plat and all such paving shall
strictly conform to the specifications of the city. Due notice of intention to begin
construction shall be filed with the public services director in order that arrangements for
inspections may be made. The public services director shall furnish paving specifications
upon request.
420-30. Guarantee of improvements.
Guarantee required. All developers shall guarantee internal subdivision improvements
and off-site improvements required by this article or otherwise required for approval of a
plat or site plan.
Timing of guaranfee. The guarantee is required prior to the approval of the plat or site
plan, whichever occurs first, unless otheMise authorized in the development order.
Amount of guarantee; method. The improvements shall be guaranteed by furnishing the
city with a good and sufficient bond or other surety acceptable to the city, executed by the
owner and a corporate surety company, satisfactory to the city, the amount of which shall
be in a sum equal to, or greater than, the estimated cost of the improvement, as approved
by the public services director, plus ten (10) percent as a guarantee bond, conditional
upon the construction and paving of streets, alleys, sidewalks, and other improvements
and rights-of-way shown on the plat, the installation and furnishing of curb and gutter,
street markers, guardrarls, necessary fill, drainage wells, culverts, gutters, sewers, and
other required drainage facilities.
Guarantee against defects. The developer shall remain responsible for all maintenance of
all improvements for a period of not less than twelve ('12) months following completion of
construction of the improvement. The guarantee bond shall provide for reimbursement to
the city for any maintenance expense incurred by the city in correcting or curing any
defects in the improvements installed or constructed by the developer or upon the failure
of the developer or developer's contractors to perform the work after due notice. The
developer shall be allowed no less than fifteen (15) days after notice to comply with the
notice.
Acceptance of improvements. An improvement shall not be deemed to be accepted by
the city until all improvement and maintenance work is complete. Acceptance of an
improvement shall occur three hundred sixty-five (365) days after the date that the
improvement passes all city inspections, and shall constitute release of the performance
bond or other surety.
(B)
(c)
(D)
(E)
City of Dania Beach 222 Draft: August 2010
Part 4
Article 420
Part 5
Article 500 Land Development Code
PART 5 SIGNAGE AND DESIGN REGULATIONS.
ARTICLE 500. GENERAL PROVISIONS; HOW TO USE.
Sec. 500-10. Purpose.
This article explains the purpose and content of Part 5 of this code. Part 5 contains signage
regulations and design standards for various portions and uses within the city. These
regulations are grouped together in Part 5 because they are all major determinants of
community appearance through the built envrronment.
Sec. 500-20. Applicability.
(A) The signage regulations of article 505 apply city-wide, except that signage within
the Port Everglades Development District (PEDD) is regulated within article 320.
Signage for PEDD is regulated separately from other areas of the city because the
PEDD is the subject of an interlocal agreement between Hollywood, Dania Beach
and Broward County that contains special signage provisions.
(B) The design standards in Part 5 of this code apply to different areas and uses within
the city, as indicated by the title of each article. All design regulations are found
within Part 5.
Sec.
(A)
(B)
D
E
500-30. How to use the signage regulations.
Determine the zoning district within which your property of interest is located.
lf you are interested rn permanent signage, find the section title that includes your zoning
district. Read the contents of the applicable section to determine the types and amount of
permanent signage that are permitted.
lf you are interested in temporary signage, go straight to sec. 505-170 (temporary signs).
Permit procedures are located in sec. 505-200, as well as 505-210 (master signage
plans).
Definitions of terms used in article 505 are located in sec. 505-20.
Rules governing signage in general are located in sec. 505-30.
A list of specifically prohibited signs is located in sec. 505-40.
F
City of Dania Beach 223 Draft: August 2010
Part 5
Article 510 Land Development Gode
Sec.
(A)
(B)
505-10. Purpose and lntent,
Purpose. The purpose of this article is to coordinate the type, placement and scale of
signs within the city's various zoning districts; to recognize and facilitate the
communication requirements of all sectors of the community; to encourage the innovative
use of design; to maintain and enhance community appearance through proper sign
maintenance, renovation of older signs and t elimination of visual blight and clutter; and, to
allow for special circumstances. These shall be accomplished by regulation of the display,
erection, use and maintenance of signs. The use of signs is regulated according to zone.
The placement and scale of signs are regulated primarily by type and length of street, and
building or tenant frontage, though lot size and surrounding conditions may also be
considered. No sign shall be permitted, except in accordance with the provisions of this
article.
Des/Qr. This article is intended to establish a coordinated graphics program that provides
for occupant identification and directional communication, while allowing the creation of
unique and informative signs. These regulations are not intended to prohibit the design of
unusual signs that may enhance the character of the building or reflect the nature of the
use.
Consistency. This article is intended to be consistent with the city's adopted
comprehensive plan.
Substitution. lt is not the purpose of this article to regulate or control the copy, content or
viewpoint of signs. Nor is it the intent of this article to afford greater protection to
commercial speech than to noncommercial speech. Any sign, display or device allowed
under this article may contain, in lieu of any other copy, any otherwise lavvful
noncommercial message that complies with all other requirements of this article. The
noncommercial message may occupy the entire sign area, or any portion of the sign area,
and may substitute for or be combined with the commercial message. The sign message
may be changed from commercial to noncommercial, or from one noncommercial
message to another, as frequently as desired by the sign's owner, provided that the sign is
not prohibited and the sign continues to comply with all requirements of this Land
Development Code.
SeverabilW.(1) lf any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause,
term, or word of this Land Development Code, is declared unconstitutional by the
final and valid judgment or decree of any court of competent jurisdiction, this
declaration of unconstrtutionality or invalidity shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this article.(2) Severability where less speech results. This subsection shall not be interpreted to
limit the effect of subsection ('l) above, or any other applicable severability provisions
in the code or any adopting ordinance. The city commission specifically intends that
severability shall be applied to these sign regulations even if the result would be to
allow less speech in the city, whether by subjecting currently exempt signs to
permitting or by some other means.(3) Severability of provisions pertaining to prohibited signs. This subsection shall not be
interpreted to limit the effect of subsection (1) above, or any other applicable
severability provisions in the code or any adopting ordinance. The city commission
specifically intends that severability shall be applied to section 505-40 "Prohibited
signs," so that each of the prohibited sign types listed in that section shall continue to
(c)
(D)
(E)
City of Dania Beach 224 Draft: August 2010
ARTICLE 505. SIGN REGULATIONS.
Part 5
Article 510 Land Development Code
be prohibited irrespective of whether another sign prohibition is declared
unconstitutional or invalid.(4) Severability of prohibition on off-premises signs. This subsection shall not be
interpreted to limit the effect of subsection (1) above, or any other applicable
severability provisions in the code or any adopting ordinance. lf any or all of this
article or any other provision of the city's code is declared unconstitutional or invalid
by the final and valid judgment of any court of competent jurisdiction, the city
commission specifically intends that the declaration shall not affect the prohibition on
off-premises signs in subsection 505-40 (prohibited signs).(5) Severability of subsection 505-30(A) (minimum criteria for all signs in city). This
subsection shall not be interpreted to limit the effect of subsection (1) above, or any
other applicable severability provisions in the code or any adopting ordinance. lf any
or all of this article or any other provision of the city's code is declared
unconstitutional or invalid by the final and valid judgment of any court of competent
jurisdiction, the city commission specifically intends that that declaration shall not
affect the standards of subsection 505-30(A), "Minimum criteria for all signs in city",
which shall be enforced as the minimum standards for signs in the city.
Sec. 505-20. Definitions.
Abandoned slgn. A sign located on premises when the business has ceased to exist for a
continuous period of ninety (90) days or more.
Abandoned sign structure. A sign structure-including but not limited to supports, uprights,
braces, mounting device, hardware or framework of a sign-that is without a sign for a
continuous period of ninety (90) days or more.
Address s/grn. A sign that identifies at numerical prefix ofthe street address and the bay,
suite, or unit number if applicable.
Apaftment building identification sign. Any sign on a multifamily building, complex or
boarding house, with copy including the name of the building.
Banner sign. A sign having the characters, letters or illustrations applied to cloth, paper or
fabric of any kind with only such material for backing.
Commercial advertising/content. Any sign wording, logo, emblem, character, pictograph,
trademark, or symbol used to represent a firm, organization, entity, product, or service or other
representation that, directly or indirectly, names, advertises, or calls attention to a product,
service or other commercial activity. For purposes of this article, terms such as sale, special,
clearance, or other words which relate to commercial activity shall be deemed to be commercial
messages. The identification by name of an apartment or condominium development on a
residential sign at the apartment or condominium development site shall not be considered to be
a commercial message.
Construction/development slgr. A temporary sign that provides information as to the nature
of, and the parties involved in, a future development or current construction on the property
upon which the sign is located. lnformation is limited to the name and intended use of the
project (ex: residential condominium, office, etc.), graphic rendering of the project, names of the
project team member companies such as the general contractor, architect, planner or Manager,
lending institution, and owner or agent, and the telephone number for the owner or agent.
Directional or instructional s/gn. A sign erected on private property giving directions or
instructions for vehicles traversing the premises on which it is located, but shall not contain any
advertising or commercial copy (e.9., parking, exit, entrance, loadjng only, or telephone signs).
Directory srgn. A sign located within the premises which is anformational only (usually
containing lists of occupants), designed to provide guidance or instructions for vehicles or
pedestrians while traversing the premises.
City of Dania Beach 225 Draft: August 2010
Part 5
Article 510 Land Development Code
Flag. Any fabric, plastic, canvas, material or bunting containing distinctive color(s),
pattern(s), symbol(s), emblem(s) or insignia(s) used as a symbol of a government, political
subdivision or other governmental entity or of any business or institutional entity or idea.
Freestanding sign. A sign supported permanently upon the ground by supports or braces
and not attached to any building.
Frontage, building. Building frontage is the length of a building faQade along a street, or the
length of a building faqade containing shopfronts or equivalent principal public entrances facing
a parking lot.
Frontage, /of. The distance along which a lot fronts a street. Street frontage is , measured
along the street line.
Frontage, occupant. The portion of building frontage occupied by a given building occupant.
Garage (yard) sa/e slgn. A temporary sign identifying the license number, address, date(s),
and times for a garage sale, as duly licensed pursuant to Chapter 21 "Sales and Auctions",
Article lll "Garage Sales" of the code of ordinances.
Height (of a srpn). The vertical distance measured from the highest point of the sign,
excluding decorative embellishments, to the grade of the adjacent street or the surface grade
beneath the sign. whichever is less.
ldentification slgn. A sign indicating the name and address of a building, institution or
person or to the activity or occupation being identified.
lnterior sign. A sign that is located in the interior of a structure. Additionally, a sign
which is located outside a structure but, because of the sign's placement, design, or
orientation is not visible to persons from a public place. An interior sign is not considered an on-
premises or off-premises sign.
Monument s/Ern. Any free-standing sign for which all means of support are concealed from
view.
Noncommercial s/Err. A sign containing no commercial content.
Nonconforming sign. A sign that does not conform to the provisions of this article. See sec.
505-140(D) for principal commercial arterial standards, and sec. 505-180 of this article for
treatment of nonconforming signs.
Occupant. A business or other entity that owns, leases or otherwise operates within a
building or structure.
Off-premises sign (also biilboard). A sign structure advertising a commercial establishment,
merchandise, service or entertainment which is not sold, produced, manufactured or furnished
at the property on which such sign is located, e.9., "billboards" or "outdoor advertising." An off-
premises sign is a principal use of the property on which it is located.
Office complexes and parks. A group of office buildings that have a common design and are
developed as parts of a whote, and may have common parking or a common entryway off the
main public street that provides access to the complex.
Painted wall sigr. Any sign which is applied with paint or similar substance on the surface
of a wall.
Pole sign. Any sign supported by visible uprights or braces placed upon the ground and not
attached to any part of any building. A flag shall not be considered a pole sign.
Political sign. A sign identifying and urging support for or opposition to a particular issue,
political party, or candidate for public office. May be temporary.
Poster frames. A framework constructed of any material and designed to allow the repeated
insertion and replacement of poster signs without structural alteration.
Projecting pole sign. A sign, other than a flat wall sign, which is attached to and projects
perpendicular from a building, wall or other structure not specifically designed to support the
sign, and is also supported by another means such as a pole or has attached to it other objects
such as a pole.
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Projecting sign. A sign, other than a flat wall sign, which is attached to and projects
perpendicular from a building wall or other structure not specifically designed to support the
sign.
Public place. Public rights-of-way, any body of water or public park, or any adjacent parcel
under separate ownership.
Real estate sa/es srErn. A temporary sign erected by the owner or owner's agent, indicating
that the real property upon which the sign is located rs for rent, sales or lease.
Residential multi-unit complexes or communities. A group of structures that are either single
family or multifamily or a combination of both that share some form of common management by
a single entity and typically have one or more of the following: common entryway, common
parking, commonly maintained or used, or both, areas such as parking lots, clubhouses,
swimming pools, community or mail centers or swale or median areas of rights-of-way; common
theme or identity in appearance, or architecture, in the layout of the structures in the complex, or
both.
Roof sign. Any sign erected over or on the roof of a building.
Roof sign, integral. Any sign erected or constructed as an integral or essentially integral
part of a normal roof structure of any design, such that no part of the sign extends vertically
above the highest portion of the roof and such that no part of the sign is separated from the rest
of the roof by a space of more than six (6) inches. For purposes of this Land Development
Code, shall be considered a wall sign.
Slgn. Any device, permanent or temporary, which is visible from a public place or to a public
audience and which is designed to attract attention to the subject matter of its copy shall be
deemed to be a sign.
Sign area. The sum of all area within the periphery of a regular geometric form or
combination of such forms, which encloses the extreme outer limits of all of the display area of
the sign, including written copy, logos, or symbols. lf a sign is composed of one (1) or more sign
cabinets or modules, the area enclosing the entire perimeter of all cabinets, modules or both
within a single, continuous geometric flgure shall be the area of the sign. The perimeter of
measurable area shall not include embellishments such as, but not limited to, poles, pole
covers, framing, decorative roofing, support structures, providing that there is no written
advertising copy on such embellishments. For purposes of measuring the size of a sign, this
method of calculation shall be applied to only one (1) face (or side) of a sign. Where the sign
faces of monument or poecting signs are parallel, or are V-shaped and have an interior angle
of less than sixty (60) degrees, the area of such signs shall equal the area of the larger of the
two (2) sign faces or, if equal, only one (1) sign face shall be counted.
Snipe sign. A sign which is tacked, nailed, posted, pasted, glued or otheMise attached to
trees, poles, stakes, walls, trash receplacles or fences, or to other objects, and the adve(ising
matter appearing thereon is not applicable to the present use of the premises upon which such
sign is located. Legal notices required by law are exempted.
Special event sign. A temporary attached, freestanding, or banner sign intended to
advertise a special event. Festivals, grand openings, chamber of commerce events, art shows,
decennial business anniversary celebrations, and concerts are examples of special events.
Supergraphics srgn. A design or pictorial representation painted on a wall that conlains no
lettering or business identification, logo, emblem or insignia used as a sign, as a sign is defined
in this section
Temporary sign. Any sign allowed to be displayed only for a limited period of time
Under-canopy s/gn. A sign suspended beneath a canopy, ceiling, roof or marquee.
Vehicle sign. Any sign attached to or placed on a vehicle, including automobiles, trucks,
boats, campers, and trailers, that is parked on or otherwise utilizing a public right-of-way, public
property or on private property so as to be intended to be viewed from a vehicular righlof-way
for the purpose of providing advertisement of products or services or directing people to a
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business or activity. This definition is not to be construed to include those signs that identify a
firm or its principal products on a vehicle or such advertising devices as may be attached to and
within the normal unaltered lines of the vehicle of a transit carrier holding a business tax receipt,
when and during that period of time such vehicle is regularly and customarily used to traverse
the public highways during the normal course of business. Nor shall it include signs affixed to
vehicles identifying the make and model of the vehicle.
Wind sign. A sign consisting of one ('1) or more pennants, ribbons, spinners, streamers or
captive balloons, or other objects or material fastened in such a manner as to move upon being
subjected to pressure by wind.
Window sign. A sign installed inside a window and intended to be viewed from the outside.
Wall sign. A sign attached essentially parallel to and el:tending not more than twelve (12)
inches from the wall of a building with no copy on the sides or edges. This definition includes
individual letter and cabinet signs and signs on a mansard.
Sec. 505-30. General signage regulations.(A) A permit is required prior to the installatron or modification of a sign, unless otheruise
provided in sec. 505-150 (signs exempt from permit requirement).(B) Minimum criteria for all signs in city.(1) Residential districts. No sign may be erected in a residential district that exceeds the
following dimensions and requrrements:
(a) Maximum sign height. ten (10) feet.
(b) Maximum sign area: one-hundred (100) square feet.(2) Nonresidential districts. No sign may be erected in a nonresidential district that
exceeds the following dimensions and requirements:
(a) Maximum sign height: twenty (20) feet, unless located within one thousand
(1,000) feet of l-95 or l-595, in which case sign height is regulated by sec. 505-
140(B) and sec. 315-50, "Hotel overlay district.
(b) Maximum sign area. two-hundred (200) square feet.
(C) Criteria for all monument signs on multiple frontage properties.(1) For corner or through lots (i.e. street rights-of-way on opposite sides) that are
allowed by this article to display monument signage, monument sign use shall be
allowed along both rights-of-way if each frontage is one hundred (100) feet or more
in width, but if more than one (1) monument sign is desired, then the sign proposed
to be placed on the right-of-way frontage which is of the lower functional
classification shall be reduced by the percentages set out below. The monument
sign area for each monument sign allowed-where more than one (1) is desired-
shall be based on the future functional classification of the roadway as shown in the
comprehensive plan, and as outlined below:(a) lf both rights-of-way are principal arterials, then the signage along each right-
of-way may be utilized at one hundred (100) percent of the signage allowed in
this article for that type of use and premises.(b) lf one ('1) right-of-way is a minor arterial, then signage allowed along such a
right-of-way shall be reduced to seventy-five (75) percent of the signage
allowed pursuant to the provisions of this article.(c) lf one (1) righlof-way is a collector, then signage allowed along such a right-of-
way shall be reduced to fifty (50) percent of the signage allowed pursuant to
the provisions of this article.(d) lf one (1) right-of-way is a local access street , then signage allowed along
such a right-of-way shall be reduced to twenty-five (25) percent of the signage
allowed pursuant to the provisions of this article.
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(e) lf one (1) right-of-way is a nonclassified or local road, then signage allowed
along such a right-of-way shall be reduced to twenty-five (25) percent of the
signage allowed pursuant to the provisions of this article.(2) All spacing requirements shall be measured around corners at the street line.
Monument sign area may not be transferred between frontages.(3) Only one (1) monument sign shall be allowed within seventy-five (75) feet of
intersections and may be of a maximum size based on the largest frontage.(4) All minimum setbacks are subject to the minimum sight distance requirements of
arlicle 225 (intersection visibility standards).(D) General maintenance and compliance with code.(1) All signs erected within the city shall comply with the building code. Signs illuminated
by neon tubing must be constructed entirely of noncombustible material.(2) All signs must be kept in good condition and neat appearance. Every sign, together
with its framework, braces, angles or other supports, shall be maintained in a safe
condition properly secured, supported and braced and able to withstand wind
pressure as required by the building code.(3) Upon inspection by the building division, the owner of any sign found to be in
defective condition, or to be in violation of the code, shall repair or remove or
otherwise bring the sign into compliance with the code within thirty (30) days from the
date of notice of such defect or noncompliance. lf the building official determines that
the maintenance or use of such sign will adversely affect the public safety, that the
sign is located within the public right-of-way, or that the sign will cause an imminent
danger to the public safety and contact cannot be made with a sign owner, the
building official may require or cause the immediate removal of the sign at the
owner's expense, or prohibit the use of the sign until such defects shall have been
remedied.(E) Buildings to be numbered.(1) All property owners shall display the correct street number of all principal buildings
on the lot in a manner visible from the street. ln addition, if a building abuts an
alleyway or other public right of way, the owner of each building shall display the
correct street number of the building so that the address is visible to the operator of a
motor vehicle from the traveled portion of the alleyway.(F) Supergraphics signs. Supergraphics signs are a special permitted use on building walls in
any zone; provided, however, the design for the supergraphics shall be reviewed and
approved by the community development director under the following criteria:(1) The proposed general design, arrangement, texture, material, colors, lighting,
placement and the appropriateness of the proposed sign in relationship to other
signs and the other structures both on the premises and in the surrounding areas,
and only approve signs which are consistent with the intent, purposes, standards and
criteria of the sign regulations.(2) The number of items (scenes, symbols, shapes) shall be consistent with the amount
of information which can be comprehended by the viewer and avoid visual clutter.(3) The shape ofthe sign shall not create visual clutter.(4) The size, style and location of the sign shall be appropriate to the message.(5) The sign shall complement the building and adjacent buildings by being desrgned
and placed to enhance the architecture.(6) The sign should be consolidated into a minimum number of elements.(7) The sign shall be proportronal to the size and scale of the building upon which it is
placed.(8) The decision to grant permission for a supergraphics sign shall not be based on the
viewpoint or content of the proposed sign. Permitting for the sign shall be in
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accordance with sec. 505-200 (signage review, approval process and fees) of this
article.(G) Window signs. Window signs may be placed on the interior of window glass, including
door windows, on the first story of buildings occupied by retail, service uses including
restaurants or entertainment establishments-provided that they cover no more than ten
(10) per cent of the window area in which located. Window signs shall not be illuminated
except within establishments open past 9.00 P.M., limited to one illuminated sign per
window, not to exceed two (2) such illuminated window signs per business establishment.(H) Sign illumination All lights and lighting from a sign shall be designed and arranged so as
not to cause direct glare onto another property, or into the eyes of passing motorists or
pedestrians. Signs may only be illuminated internally by lights placed inside individual
channel letters with a translucent face, by "halo" lights placed behind individual reverse
pan-channel letters, or externally by lights that are directed to shine directly on the sign.
All permanent permitted signs may be illuminated by internal or external means in
accordance with this article, unless otherwise provided in this article for a particular zoning
district or sign type. Temporary signs shall not be illuminated except as provided for
special event signs as provided in sec. 505-'170(H).
Sec. 505-40. Prohibited signs.
Any sign not specifically permitted, exempted, or authorized by this article is prohibited. lt shall
be unlav,rful to erect, cause to be erected, maintain or cause to be maintained any sign
described as follows:(A) Any sign which constitutes a traffic hazard or is a detriment to traffic safety by reason of its
size, location, movement, content, coloring, or method of illumination. Any sign which
obstructs the vrsron between pedestrians and vehicles using the public right-of-way,
including, but not restricted to, those not meeting visibility requirements of this code.
Specifically prohibited are signs using.(1) Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in
intensity or color, create or display video, scrolling, or sequencing or any other type
of movement, or message or sign face change, except for any portion of a sign
containing time{emperature-date information;(2) Bare bulbs in excess of eleven (1 1) watts; and(3) Words and symbols associated with traffic control so as to interfere with, mislead or
confuse traffic, such as, but not limited to, "stop," "look," "caution," "danger," or
"slow."(B) Signs attached to trees or other natural features or to utility poles, located on public or
private property ("snipe signs").(C) Vehicle signs as defined by this article.(D) Signs that are in violation of the building code or electrical code adopted by the city.
(E) Signs with visible moving, revolving, or rotating parts or visible mechanical movement of
any description or other apparent visible movement achieved by electrical, electronic, or
mechanical means, except for traditional barber poles.(F) Signs with the optical illusion of movement or change of message by means of a design
that presents a pattern capable of giving the illusion of motion, including signs with
features which are capable of movement or presentation of a change of message by such
means, whether or not actual movement is present. However, this shall not be construed
to prohibit a changeable-copy sign a sign that is changeable by manual removal or
replacement of the sign or its content.
(G) Wind signs, unless they have been approved through a site plan approval as an
architectural feature.
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(M)
(H)
(t)
(J)
(K)
(L)
(N)
(o)
(P)
(o)
(R)
(s)
(u)
(v)
Signs that incorporate projected images, emit any sound that is intended to attract
attention, or involve the use of live animals.
Signs that emit audible sound, odor, or visible matter such as smoke or steam.
Signs or sign structures that interfere in any way with free use of any fire escape,
emergency exit, or standpipe; made of combustible materials that are attached to or in
close proximity to fire escapes or fire fighting equipment; or that obstruct any window to
such an extent that light or ventilation is reduced to a point below that required by any
provision of any city-adopted life safety or building code, or other ordinance of the city.
Signs that resemble any official sign or marker erected by any governmental agency,
which sign by reason of its position, shape or color, would conflict with the proper
functioning of any traffic sign or signal, or are of a size, a location, have movement or have
color or illumination that may be reasonably confused with or construed as, or conceal, a
traffic-control device.
Signs, within ten (10) feet of public right-of-way or one hundred (100) feet of traffic control
lights, which contain yellow, red or green lights that might be confused with traffic control
lights.
Signs that are of such intensity or brilliance as to cause glare or impair the vision of any
motorist, cyclist, or pedestrian using or entering a public way, or that are a hazard or a
nuisance to occupants of any property because of glare or other characteristics.
Signs that contain any lighting or control mechanism that cause unreasonable interference
with radio, television or other communication signals.
Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any
portion of any sidewalk or street, except address numbers and traffic-control signs.
Off-premises signs (billboards), except that this prohibition shall not apply to off-premises
signs which are legal, presently in existence, used for outdoor advertising, and located
along any portion of the "interstate highway system" or the "federal-aid primary highway
system" as defined and regulated in chapter 479, Florida Statutes. Signs erected along
any portion of the interstate or federal-aid primary highway systems within the meaning of
Sections 479.01(5), (7), (9), (12) and (14), 479.15(2), and 479.24(1) of the Florida
Statutes, shall be subject to removal, as provided pursuant to chapter 479, Flotida
Statutes, as these sections may be amended from time to time.
Roof signs.
Signs erected on public property, or on private property (such as private utility poles)
located on public property, other than signs erected by public authority for public purposes
and signs authorized in writing pursuant to F.S. section 337.407.
Signs, located in any street, park, or other public way or place within the city, other than
those required to be posted to ensure trafftc safety or otherwise pursuant to the
requirements of law.
Signs placed on any public or private property in such a manner that the same may be
blown, carried by water or otheruise scattered by the elements, or so as to constitute litter
("snipe signs").
Signs having fluorescent colors; awnings and umbrellas having more than three (3)
colors.
Signs erected within any navigable waterway within the city so as to be located beyond
any established bulkhead line, and oriented so as to be visible from a public place.
Painted wall signs, excluding supergraphics.
Bus bench and bus shelter signs except as specifically provided for through contract with
the city only at designated bus stops and in no event are such signs allowed in
residentially zoned areas.
(r)
ryv)
(x)
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(Y) Bench signs may also be placed through a contract with the city within city parks and
beaches at specific locations where the public congregates and a need for public seating
exists.
(Z) All other signs that are not specifically permitted or exempted by this article; however, any
authorized or permitted sign under this article is allowed to contain non-commercial
speech in lieu of commercial speech.
(AA) All pole signs and projecting pole signs.
(BB) Any type of electronic display boards or other sign including electronic, laser, digital or
video display or sign except for any portron of a sign containing time, temperature or date
information.
Sec. 505-50. Specific signage regulations for signs located in zoning districts for one-
and two-family residences and open space (RS-l8000; RS-12000; RS-8000; RS-6000; RD-
8000; NBHD-RES; E-l; OS).(A) Applicability. This section applies to and specifies the regulations and provisions
prescribed for the erection, display and maintenance of all signs displayed in all areas
zoned for single- or two-family residences including at entrances to residential
communities.(B) Signs allowed at residences. Signs shall be displayed at residences only as follows, or as
permitted pursuant to sec. 505-160 (flagpoles and flags), except as follows or as
otherwise provided in this article (such as exempt signs).(1) ldentification sign. The owner or the occupant of any building may erect and
maintain one (1) identification sign. Such sign may be erected any place upon the
premises below the top of the first story or first floor eaves (if eaves exist) of the
structure, whichever is lower, provided such sign does not exceed one (1) square
foot in area.(C) Signs allowed at street entrryay. Signs shall be displayed only as follows or as permitted
pursuant to sec. 505-160 (flagpoles and flags). One (1) neighborhood entryway
monument or wall sign is permitted per street entering the neighborhood, not to exceed
twenty-four (24) square feet and not exceeding eight (8) signs per neighborhood.(1) Entryway monument sign. One (1) monument sign per entryway when the entryway
has a minimum street frontage of three hundred (300) feet, with a maximum height of
eight (8) feet, a maximum overall width of fourteen (14) feet, a maximum width of
lettering of ten (10) feet and minimum setback from right-of-way line of twelve (12)
feet.(2) Entryway wall sign. One ('1) wall sign per entryway on a perimeter wall when the wall
or neighborhood has a minimum street frontage of three hundred (300) feet. The
height of the wall section bearing the sign shall not exceed eight (8) feet; the width of
combined lettering/logo shall not exceed twelve (12) feet; and the height of individual
letters shall not exceed fifteen (15) inches.
Sec. 505-60. Specific signage regulations for townhouse and multi-family residences in
the following districts (RM; R-M{; RM-2; RMH; PRD-1; CRA form-based districts).
(A) Applicability. This section regulates the erection, display and maintenance of all signs in
multifamily zoning districts and residential portions of planned unit developments including
at the entrances of these communities. Signs shall be displayed only as provided in this
article or as permitted pursuant to sec. 505-160 (flagpoles and flags).(B) Signs allowed.
For developments with multiple apartment buildings, one (1) apartment building
identification sign with a maximum total surface area of four (4) square feet is permitted as
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either a monument sign adjacent to the building with a minimum setback of five (5) feet, or
as a channel letter wall sign. Either sign may be illuminated as provlded in this article.(C) Additional signs allowed at street entryway for developments with multiple aparTment
buildings and internal streets.(1) One (1) monument sign per entryway is permitted when the entryway has a minimum
street frontage of three hundred (300) feet, with a maximum height of eight (8) feet, a
maximum overall width of fourteen (14) feet, a maximum width of lettering of ten (10)
feet and minimum setback from the street line of twelve (12) feet; or(2) One (1) wall sign per entryway on a perimeter wall when the wall or complex has a
minimum street frontage of three hundred (300) feet. The height of the wall section
bearing the sign shall not exceed eight (8) feet; the width of combined lettering/logo
shall not exceed twelve (12) feet; and the height of individual letters shall not exceed
fifteen (15) inches.
Sec.
(A)
(B)
505-70. Specific signage regulations for the Residential Office (RO) zoning district.
Applicability.(1) Signage permitted in this section, that is additional to signage allowed in the single-
family and twoJamily residential districts pursuant to sec. 505-50 (specific signage
regulations for signs located in zoning districts for one- and two-family residences), is
permitted only for lots within the RO District that include nonresidential uses.(2) Signs shall be displayed only as provided in this article or as permitted pursuant to
sec. 505-160 (flagpoles and flags).
Monument srgrns. A lot that is used for dwelling unit(s) only is entitled to signage permitted
in the RS and RD districts as provided in sec.505-50 (specific signage regulations for
signs located in zonrng districts for one- and twojamily residences). Mixed nonresidential
and residential use of a lot is entitled to all RS and RD district signage in addition to the
signage in this sectaon. Signage on lots with nonresidential uses shall be permitted
monument signage as provided below.
(1 ) Maximum allowable number of signs, one (1) along the primary street frontage.(2) Maximum allowable signage area: nine (9) square feet.(3) Maximum height of sign structure: three (3) feet.(4) Minimum required spacing between signs on adjoining lots: fifty (50) feet.
Directional or instructional signs. Directional and instructional signs shall not exceed three
(3) square feet in area per sign.
Address s,Etns. The RS and RD district regulations apply to singular or mixed-use of a lot.
lf a monument sign pursuant to subsection (B), above is utilized for a nonresidential use, a
separate freestanding address sign is not permitted, and the address shall be incorporated
into the monument sign. While there is no limitation on address signage area within a
monument sign erected pursuant to subsection (A), above, the address signage area shall
count towards the allowable monument signage area.
lllumination. Signs may be illuminated only by lights that are directed to shine directly on
the sign. Additionally, address signs may be illuminated by any means permitted in the RS
and RD districts.
(c)
(D)
(E)
Sec. 505-80. Specific signage regulations for individual commercial or office buildings
and individual mixed commercial-residential buildings in commercial zoning districts (C-
1; C-2; C-3; C4 and the CRA form-based zoning districts).(A) Applicability.(1) For the purposes of this section, an individual commercial or office building is a
single building occupying its own lot, which is not part of an office park and is not a
shopping center or an outparcel to a shopping center.
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(2) Signage on lots with frontage on any of the following roadways shall be subject to the
principal arterial design standards of sec. 505-'140(D): Griffin Road, Stirling Road,
Sheridan Street (east of US-1), Dania Beach Boulevard (east of US-1), US-1, Bryan
Road, and Anglers Avenue.(3) Signs shall be displayed only as provided in this article or as permitted pursuant to
sec. 505-160(B) Monument signs.(1) Monument signs within the CRA form-based districts are permitted only for buildings
that are set back thirty (30) feet or more from the street line(s) along which the sign is
proposed.(2) One (1) monument sign per development site of a maximum of forty-eight (48)
square feet is permitted if located along an arterial roadway, or forty-two (42) square
feet if located along any other roadway classification, with a maximum height of eight
(8) feet, and a setback of at least five (5) feet from street lines and twenty-five (25)
feet from interior property lines.(C) Building identification wall signs. Wall sign area shall be no greater than the length of the
building's frontage multiplied by one-half (five-tenths; 0.5), and shall not exceed a total of
seventy-five (75) square feet. The top of wall signs shall not exceed a height of eighty-five
(85) percent ofthe building height, orfifteen (15) feet, whichever is less.(D) Supplementary wall, awning or projecting wall signage within the CRA form-based
d/sfrlcfs. This subsection applies to all buildings that were constructed in compliance with
the buildlo-line and second layer parking requirements of the CRA form-based districts.(1) Each ground floor occupant is allowed an additional wall or awning face sign area
along each occupant frontage. The wall sign shall not to exceed a vertical dimension
of two and one-half (2 112\ feel, a horizontal dimension of fifteen (15) feet, and a total
sign area of thirty-seven and one-half (37 1/2) square feet. The awning sign shall
utilize only one (1) type style of lettering that does not exceed eight (8) inches in
height, and covers no more than seventy-five (75) percent of the valence length.(2) ln lieu of any wall or awning signage, a perpendicular projecting wall sign is
permitted, not to exceed four (4) feet in width and three (3) feet in height, and having
a a minimum clearance of seven (7) feet six (6) inches above the sidewalk and three
(3) feet from the curb line. The sign shall be constructed of metal or wood and may
be externally illuminated.(3) Signage is not permitted within three (3) feet of the corner edge of a building or
individual occupant space.(4) Wording shall not exceed twenty-four (24) inches in height.(5) Signs other than awning signs shall be located only in that portion of the parapet
above the awning, the entranceway or both, and below the roof. ln multistory
buildings, said signs shall be located only between the first floor awning, the
entranceway or both, and the second floor window.(E) Supplemental pedestian-oriented projecting and under-canopy signs within the CRA form-
based dlstrlcfs.(1) Each ground and upper story occupant space of at least four hundred (400) feet of
GFA with an individual srdewalk entrance is permitted one (1) pedestrian-oriented
projecting wall sign or under-canopy sign, not to exceed thirty-eight (38) inches wide
by twelve ('12) inches high, and located a minimum of seven (7) feet six (6) inches
above the sidewalk, and three (3) feet from the curb line.(F) Supplemental signage for all other development. For each ground floor occupant, an
additional signareaof one(1)squarefootpertwo(2) linearfeet of an occupant's frontage
shall be allowed for wall signage, which may include window signs, poster frames and
identification signs. Window signs are subject to the restrictions of subsec. 505-30(F).
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(G) Directory signs. One (1) wall or monument directory sign for each building with multiple-
occupants, not to exceed two (2) square feet for each occupant, or twenty-four (24) square
feet in total area, whichever is less. Such signage shall be placed adjacent to parking and
pedestrian areas within the lot for on-site directional purposes only, and shall not be
oriented to the street. The height of any individual letter within the permitted area shall not
exceed four (4) inches. Monument directory signs shall not exceed eight (8) feet in height.
Sec. 505-90. Specific signage regulations for office complexes and office parks in
commercial zoning districts (C-1 ; C-2; C-3; C-4).(A) Appticability.(1) All office complex and office park signage shall be reviewed and approved by the city
as to final size, location and uniformity, coordination, colors, design and materials as
part of the site development plan approval process.(2\ Signs placed along the following roadways shall be subject to the principal arterial
design standards of sec. 505-140(D): Griffin Road, Stirling Road, Sheridan Street
(east of US-1), Dania Beach Boulevard (east of US-1), US 1, Bryan Road, and
Anglers Avenue.(3) Signs shall be erected and displayed according to the following regulations, or as
permitted pursuant to sec. 505-160 (flagpoles and flags).(B) Monument signs.(1) Complex identification monument signage, whether or not combined, shall not
exceed an area of:(a) thirtytwo (32) square feet for office complexes and parks under ten-thousand
(10,000) square feet;(b) forty-two (42) square feet for office complexes and parks of tenthousand
(10,000) square feet to fifty{housand (50,000) square feet; and(c) forty-eight (48) square feet for office complexes and park over fifty-thousand
(50,000) square feet.(2) No individual building identification shall be permitted, however, anchor businesses
can be identified on the monument sign provided that:(a) No more than two (2) anchor businesses be identified for office complexes
and parks under ten-thousand (10,000) square feet;(b) No more than four (4) anchor businesses be identified for office complexes
and parks of ten{housand (10,000) square feet to fifty{housand (50,000)
square feet,(c) No more than six (6) anchor businesses be identified for office complexes
and park over fifty-thousand (50,000) square feet; and(d) Each anchor business shall use no more than four (4) square feet per
monument sign.(3) Monument signs within a complex shall be spaced a minimum of four-hundred
(400) feet apart.(4) Setbacks shall be between five (5) and twenty (20) feet from a street line, and at
least twenty-five (25) feet from side lot lines.(C) Wall signs for complex identification. One (1) wall sign not to exceed thirty-two (32) square
feet is permitted in lieu of each monument sign permitted in paragraph (B)(1). Wall signs
shall consist of individual letters, be illuminated by means of reverse channel opaque
faced individual letters or external flood Iighting, and be made primarily of wood, metal, or
other materials simulating wood or metal. The height of individual letters shall not exceed
two (2) feet.(D) Wall signs for individual occupant identification.
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(1) For tenants in single story office buildings or individual ground floor occupants in
multi-story office buildings, one (1)wall sign is permitted with an area up to one (1)
square foot for each three (3) feet of occupant frontage, not to exceed a total of fifty
(50) square feet.(2) For individual occupants who are also located adjacent to each building entrance,
the maximum area of the sign shall be two (2) square feet for each three (3) feet or
fraction thereof of occupant frontage, not to exceed a total of fifty (50) square feet.
Example: if an occupant has 59 feet of frontage, the calculation is 59 divided by 3,
which equals 19.67 feet- Since 2 square feet of signage is permitted per 3 feet of
frontage, 19.67 is doubled, for a signage allowance of 39.3 square feet .
(3) Wall signs shall consist of individual letters, or uniform plaques or panels for each
office, made primarily of wood, metal or other materials simulating wood or metal.
Awning signage is permitted rn lieu of wall signs pursuant to paragraph (5).
(4) lllumination shall be by means of external flood lighting or internal illumination in the
form of reverse channel opaque-faced individual letters or die cut copy in opaque
plaques or panels.
(5) ln lieu of wall signage, a uniform signage program for awnings is permitted. The
maximum permissible height of individual letters shall be eight (8) inches on
awnings.(E) Directory signage. One (1) wall or monument directory sign is permitted for each office
building or for each main entrance to an office building where each separate office is
accessed internally from inside the building, not to exceed two (2) square feet for each
occupant or twenty-four (24) square feet in total area, whichever is less. Such signage
shall be oriented to parking and pedestrian areas for directional purposes only, and shall
not be oriented outside of the complex. The maximum height of any individual letter within
the permitted sign area shall not exceed four (4) inches. Monument directory signs shall
not exceed eight (8) feet in height.
Sec. 505-100. Specific signage regulations for shopping centers smaller than 100,000
square feet in commercial districts (C-1; C-2; C-3; C-4), and nonresidential and mixed
residential/nonresidential development on large lots within the CRA form-based districts.(A) Applicability.(1) All signage, inclusive of all outparcel signage, shall be reviewed and approved by the
city as to final size, location and uniformity, colors, design and materials as part of
the site development plan approval process. Signs shall be erected and displayed
only in accordance with the regulations prescribed as follows, or as permitted
pursuant to sec. 505-160 (flagpoles and flags).(2) Signs placed along any of the following roadways, shall be subject to the principal
arterial design standards of sec. 505-'140(D): Griffin Road, Stirling Road, Sheridan
Street (east of US-1), Dania Beach Boulevard (east of US-1), US 1 , Bryan Road, and
Anglers Avenue.(B) Monument signs.(1) Development and redevelopment that occurs pursuant to the build{o-line and
second layer parking facility requirements of the CRA form-based districts is
permitted one (1) freestanding sign of a maximum forty-eight (48) square feet in area
for the first three hundred (300) feet of street frontage, plus one (1) additional
freestanding sign of the same area for each full six hundred (600) feet of street
frontage on all arterial or collector streets to identify the shopping center, office
complex or mixed-use complex, if the center or complex is planned as one overall
development unit and satisfies all of the following minimum area and dimension
requirements:
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(a) Four (4) net acres in area(b) Four hundred (400) feet in lot depth(c) Three hundred (300) feet in lot frontage on a primary street(2) For all other development and redevelopment, up to three (3) monument signs are
permitted provided that the center identification sign is no greater than forty-eight
(48) square feet in area, and the remaining two (2) signs are each used for an
anchor business within the shopping center complex and are each no greater than
twelve (12) square feet in area.(3) The maximum allowable height of all monument signs is eight (8) feet. Monument
signs shall be located at a minimum of seven hundred (700) feet apart, between five
(5) and twenty (20) feet from street lines, and at least fifty (50) feet from side lot lines.(C) Wall signs for individual occupants.(1) One (1)wall slgn per individual occupant is permitted with a maximum sign area of
one (1) square foot for each one (1) foot of occupant frontage, not to exceed one-
hundred and fifty (150) square feet, except that in the case of corner stores, one (1)
additional wall sign is allowed on the side fagade when the same or similar fagade
treatment is used on both front and side of corner store. Sign area shall not be
transferable between facades (i.e., sign area cannot be combined and utilized for
one sign).
(D) Supplementary signage. For each occupant, an additional signareaof one (1)square foot
per each two (2) feet of occupant's frontage shall be allowed for miscellaneous wall
signage to include window signs, poster frames and identification signs. Window signs are
subject to the restrictions of subsec. 505-30(F). For buildings developed under the build-
to-line and second layer parking requirements of the CRA form-based districts, see
subsections 505-80(D) and (E) of the specific sign regulations for individual commercial or
office buildings and individual mixed commercial-residential buildings in commercial
zoning districts.(E) Outparcel signage. Note. this subsection does not apply to lots regulated under
paragraph (B)(1).(1) Monument signs for shopping center outparcels shall conform with subsection
B(2),(3)(2) Wall srgns shall have a maximum area of one (1) square foot multiplied by the
building frontage in linear feet, not to exceed one-hundred and fifty (150) square feet.
Additional wall sign area may be permitted for the sides and rear of shopping center
outparcels which are oriented toward nonresidential uses and finished with the same
or similar faEade treatment as the building front. The maximum sign area for such
additional wall signs shall be determined by multiplying one (1) square foot of
signage for each three (3) feet of building wall length, not to exceed a total of fifty
(50) square feet. Sign area shall not be transferable between facades (i.e., sign area
cannot be combined and utilized for one srgn).(3) Directory signage. One (1) wall or monument directory sign for each building not to
exceed two (2) square feet for each occupant, or twenty-four (24) square feet in total
area, whichever is less. Such signage shall be oriented to parking and pedestrian
areas for directional purposes only, and shall not be oriented outside of shopping
center complex. The height of any individual letter within the permitted area shall not
exceed four (4) inches. Monument directory srgns shall not exceed eight (8) feet in
height.
Sec. 505-110. Specific signage regulations for shopping centers 100,000 square feet or
larger in commercial zoning districts (C-1; C-2; C-3; C4;).(A) Applicability.
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(1) All shopping center signage, inclusive of all outparcel signage, shall be reviewed and
approved by the city as to final size, location and uniformity, colors, design and
materials as part of the site development plan approval process. Signs shall be
erected and displayed only in accordance with the regulations prescribed as follows,
or as permitted pursuant to sec. 505-160 (flagpoles and flags).(2) Commercially zoned property frontage on any of the following roadways, shall be
subject to the principal arterial design standards of sec. 505-140(D): Griffin Road,
Stirling Road, Sheridan Street (east of US-1), Dania Beach Boulevard (east of US-1),
US 1 , Bryan Road, and Anglers Avenue.(B) Monument slgns. Up to four (4) monument signs are permitted, provided that the shopping
center identification sign is no greater than sixty-four (64) square feet in area and the
remaining three (3) signs are each used for an anchor business within the shopping center
complex, and are each no greater than twelve (12) square feet in area. The maximum
height of monument signs shall be eight (8) feet. Monument signs shall be located at a
minimum of seven hundred (700) feet apart, between five (5) and twenty (20) feet from
any street line, and at least fifty (50) feet from side lot lines.(C) Wall signs for individual occupants.
(1) One (1) wall sign per individual occupant is permitted wth a maximum sign area of
one ('1) square foot for each one (1) foot of occupant frontage, not to exceed one-
hundred and fifty (150) square feet, except that in the case of corner stores, one (1)
additional wall sign is allowed when the same or similar fagade treatment is used on
both front and side of corner store. Sign area shall not be transferable between
facades (i.e., sign area cannot be combined and utilized for one sign).(D) Supplementary signage. Foreach occupant, an additional signareaof one (1) square foot
per each two (2) feet of occupant's frontage shall be allowed for miscellaneous wall
signage to include window signs, poster frames and identification signs. Window signs
are subject to the restrictions of subsec. 505-30(F).(E) Outparcel signage.(1) One (1) monument sign per street frontage is permitted, not to exceed thirty-two (32)
square feet and eight (8) feet in height each. Outparcel monument signs are not
subject to the distance separation in (B), but shall maintain a minimum of one
hundred (100) feet of separation from all other monument signs. A setback of
between five (5) and twenty (20) feet from any street line, and at least fifty (50) feet
from interior side lot lines is required.(2) Wall signs shall have a maximum area of one (1) square foot multiplied by the
building frontage in linear feet, not to exceed one-hundred and fifty (150) square feet.
Addjtional wall sign area may be permitted for the sides and rear of shopping center
outparcels which are oriented toward nonresidential uses and finished with the same
or similar fagade treatment as the building front. The maximum sign area for such
additional wall signs shall be determined by multiplying one (1) square foot of
signage for each three (3) feet of building wall length, not to exceed a total of fifty
(50) square feet. Sign area shall not be transferable between facades (i.e., sign area
cannot be combined and utilized for one sign).(F) Directory signage. One (1) wall or monument directory sign is permitted for each building
not to exceed two (2) square feet for each occupant, or twenty-four (24) square feet in total
area, whichever is less. Such signage shall be oriented to parking and pedestrian areas
for directional purposes only, and shall not be oriented outside of shopping center
complex. The height of any individual letter within the permitted area shall not exceed four
(4) inches. Monument and directory signs shall not exceed eight (8) feet in height.
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Sec. 505-120. Specific signage regulations for individual buildings that are not part of an
industrial park, in areas zoned industrial (lG; lR; IRO; IROM; IROC; MA-1; PEDD) .(A) Applicability. Signs shall be erected and displayed only in accordance with the regulations
prescribed as follows, or as permitted pursuant to sec. 505-160 (flagpoles and flags). See
article 320 for permitted signage in the PEDD district.(B) Monument signs.(1) One (1) monument sign is permitted per driveway entrance to the property, provided
that the sign area of each monument does not exceed thirty-two (32) square feet.
This sign may be a single sign with two (2) faces of equal size or may be two (2)
single faced structures of equal size located on each side of the entrance. I The
maximum height of the monument signs shall be eight (8) feet.(2) Use of more than one (1) double-sided monument sign shall be permitted provided
the sign area and height of all freestanding signs is reduced to seventy-five (75)
percent of the maximum permitted sign area.(3) Monument signs shall be spaced a minimum of four-hundred (400) feet apart within a
lot, between five (5) and twenty (20) feet from all street lines, and at least twenty-five
(25) feet from side lot lines.(4) Wall signs. One wall sign is permitted up to one (1) square foot for each one foot of
linear feet of building frontage, not to exceed a total of one-hundred and fifty (150)
square feet. Wall signs shall not exceed thirty (30) percent of the building height, or
exceed ten (10) feet, whichever is less, measured from the uppermost part of the
sign to the lowermost part of the sign.(5) Awning signs may be substituted for permitted wall signs. Awning signs shall be
placed on the valance. The sign shall utilize only one (1) type style of lettering that
does not exceed eight (8) inches in height and covers no more than seventy-five (75)
percent of the valence length of the awning.
Sec. 505-130. Specific signage regulations for industrial parks, in areas zoned industrial
(lG; lR; IRO; IROM; IROC; MA-l).
(A) Applicability. All industrial complex/park signage shall be reviewed and approved by the
city as to final size, location and coordination, colors, design and materials as part of the
site development plan approval process. Signs shall be erected and displayed only in
accordance with the regulations prescribed as follows, or as permrtted pursuant to sec.
505-160 (flagpoles and flags)(B) Complex identification monument slgns. One (1) monument sign identifying the industrial
complex is permitted for each driveway entrance from a public street. The monument sign
may be a single sign with two (2) faces of equal size or may be two (2) single-faced
structures of equal size located on each side of the entrance.(1) Sign area of each structure shall not exceed thirty-two (32) square feet for each
single occupant industrial complex or multi-occupant complex of less than fifty-
thousand (50,000) square feet.(2) Monument sign area for each multi-occupant complex of fifty{housand (50,000)
square feet to one-hundred thousand (100,000) square feet, shall not exceed forty-
two (42) square feet, whether combined or not.(3) Monument sign area for each multi-occupant complex of over one-hundred thousand
(100,000) square feet, shall not exceed seventy{wo (72) square feet, whether
combined or not.(4) Anchor businesses can be identified on monument signs provided that their sign
area does not exceed six (6) square feet each, and that no more than two (2) anchor
businesses are identified for industrial complexes and parks under fifty-thousand
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(50,000) square feet, no more than four (4) anchor businesses are identified for
industrial complexes and parks of fifty-thousand (50,000) square feet to one
hundred{housand (100,000) square feet, and no more than six (6) anchor
businesses are identified for industrial complexes and parks over one hundred-
thousand (100,000) square feet.(5) The maximum height of monument signs is fifteen (15) feet. Monument signs shall
be setback a minimum of five (5) feet from all street lines and twenty-five (25) feet
from side lot lines.(C) Occupant identification wall signs. lndividual occupants in complexes may utilize wall
signage of up to one (1) square foot for each one (1) linear foot of occupant's frontage, not
to exceed a total of one hundred fifty (150) square feet. lndividual occupant signs shall not
exceed thirty (30) percent of the average building height along the occupant frontage or
ten (10) feet, whichever is less, measured from the uppermost part of the sign to the
lowermost part of the sign.(D) Awning signs may be substituted for permitted wall signs. Awning signs shall be placed
on the valance. The sign shall utilize only one (1) type style of lettering that does not
exceed erght (8) inches in height and covers no more than seventy-five (75) percent of the
valence of the awning.(E) Directory signage. One (1) wall or monument dtrectory sign for each building is permitted
provided that it does not exceed two (2) square feet for each occupant, or twenty-four (24)
square feet in total area, whichever is less. Such signage shall be oriented to parking and
pedestrian areas for directional purposes only, and shall not be oriented outside of the
complex. The maximum height of any individual letter within the permitted areas shall not
exceed four (4) inches, and the maximum height for monument directory signs shall be
eight (8) feet.
Sec. 505-140. Special signage regulations by location or type of use.(A) Applicabilrg. This section specifies signage regulations by type of use or location and
supersedes the requirements of secs. 505-40(AA), and 505-50 through 505-1 30.(B) Shopping centers, hotels, office complexes and industrial complexes within one thousand
(1 ,000) feet of l-95 or /-595. lcross-reference sec. 315-50, "Hotel overlay district", which
shall prevail in case of conflict.l(1) Pole signs. Notwithstanding any other provision in this code, shopping centers,
hotels, office complexes and industrial complexes of eighty thousand (80,000) or
more square feet of fully enclosed area under roof, Iocated within one thousand
(1,000) feet of lnterstate 95 or lnterstate 595 shall be allowed to construct one (1)
pole sign not exceed fifty (50) feet in height, or twenty-five (25) feet above the
elevation of the abutting interstate highway, whichever is less.(a) Sign area shall not exceed forty-eight (48) square feet, provided that pole signs
that existed on the date of adoption of this article and that have been legally
erected on premises described above, shall be allowed to remain as long as
they are not unsafe structure as provided for in the building code. Such signs
shall not be expanded, enlarged or remodeled. Ordinary repairs and routine
maintenance may be conducted and sign faces may be changed.(b) The sign may indicate only the name and nature of the business.(2) Wall signs. Notwithstanding any other provision of this code, wall signs shall be
permitted to the extent they do not extend more than eighteen (18) inches beyond
the face of the building or exceed three (3) square feet for each one (1) linear foot of
building frontage, up to a maximum of two-hundred (200) square feet per occupant in
multi-occupant buildings or three-hundred (300) square feet in single occupant
buildings.
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(C) Principal afterial commercial design standards. Commercially zoned property frontage on
one of the following roadways, shall be subject to the signage standards of this
subsection: Griffin Road, Stirling Road, Sheridan Street (east of US-1), Danra Beach
Boulevard (east of US- 1), US 1 , Bryan Road, and Anglers Avenue. ln the event of conflict
with other provisions in this article, the following provisions shall prevail:(1) Monument signs.(a) One ('1) monument sign is permitted per lot, except where prohibited in the
CRA form-based districts.(b) The sign shall be compatible with the architectural design of the principal
building or structure.(c) The sign shall measure no more than seven (7) feet in height and six (6) feet in
width, but in no instance shall the sign area exceed thirty-six (36) square feet.(d) Monument signs shall be set back at least ten (10) feet from any interior side or
rear lot line, five (5) feet from all street lines and driveways, and thirty (30) feet
from the intersection of any two (2) street lines.(e) The width of the supporting monument structure shall be equal to the width of
the sign area. lf there are separate businesses that are located on the same
site, they may share identification on the one (1) freestanding monument sign.(2) Canopies shall not contain any signage, striping or super graphics, unless within a
CRA form-based district where awning signs are permitted.(3) Window sagnage rs permitted subject to the restrictions of subsec. 505-30(F).(4) Lighting fixtures shall be baffled and arranged so that illumination is deflected away
from adjacent properties and roadways.(5) Wall signs for offrce, educational, and institutional buildings, and lighting for
externally lit wall signs must meet the following requirements:(a) No sign shall extend more than eighteen (18) inches beyond the building face
and shall not encroach onto public property unless within a CRA form-based
district.(b) Total wall signage per building shall not exceed one-half ('112) square feet per
each one (1) linear foot of building frontage.(c) Signage shall be set back at least one (1) foot from the corner edge of the
building, and only one (1)wall sign shall be permitted unless the building abuts
a side street wall in which case, one ('l) additional wall sign shall be permitted
on the side street provided that the additional sign does not exceed one-half
(1/2) the size of the wall sign permitted on the front of the building.(d) For single-story buildings, signs shall not exceed a vertical dimension of two
and one-half (2 %) feel, a horizontal dimension of thirty (30) feet, and a total
sign area of seventy-five (75) square feet. Wording on wall signs shall not
exceed twenty-four (24) inches in height for single story buildings. For
multistory buildings, building signage shall not exceed a vertical dimension of
three (3) feet, a horizontal dimension of thirty (30) feet, and a total sign area of
ninety (90) square feet. Wording on wall signs shall not exceed thirty (30)
inches in height for multistory buildings.(6) Single-occupant commercial and retail buildings, hotels, financial institutions, and
eating and drinking establishments shall comply with the following requirements:(a) No sign shall extend more than eighteen (18) inches beyond the building face
and shall not encroach onto public property unless within a CRA form-based
district.(b) Total wall srgnage per building shall not exceed one-half (1/2) square foot per
each one (1) linear foot of building frontage.
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(c) Signage shall not exceed a vertical dimension of two and one-half (2.5 ) feet, a
horizontal dimension of thirty (30) feet, and a total sign area of seventy-five (75)
square feet.(d) Signs shall be set back at least one (1) foot from the corner edge of the
building and wording on wall signs shall not exceed twenty-four (24) inches in
height.(e) Only one (1) wall sign shall be permitted except when a building abuts a side
street, one (1) additional wall sign shall be permitted on the side street. The
additional wall sign on the side street shall not exceed one-half (1/2) the size of
the wall sign permitted on the front of the building.(0 ln single story buildings, flat wall signs shall be located only in that portion of
the parapet above the entranceway and below the roof. ln multistory buildings,
said signs shall be located only between entranceway and the second floor
window.(7) Multi-occupant commercral and retail buildings and shopping centers shall comply
with the following requirements:
(a) No sign shall extend more than eighteen (18) inches beyond the building face
and shall not encroach onto public property, except as provided for prolecting
signs in the CRA form-based districts.(b) Total flat wall signage shall not exceed one (1) square foot per each one ('l)
linear foot of occupant frontage.(c) Signs shall not exceed a vertical dimension of two and one-half (2.5) feet, a
horizontal dimension of thirty (30) feet, and a total sign area of seventy-five (75)
square feet per occupant.(d) Signs shall be set back at least one (1)foot from the corner edge of a building
or individual occupant space, and wording on wall signs shall not exceed
twenty-four (24) inches in height.(e) Only (1) one wall sign shall be permitted per building occupant, however, when
a building occupant abuts a side street, one (1) additional wall sign shall be
permitted on the side street. The additional wall sign on the side street shall not
exceed one-halt (112) the size of the wall sign permltted on the front of the
building.(f) ln single story buildings, wall signs shall be located only in that portion of the
parapet above the entranceway and below the roof. ln multistory buildings, said
signs shall be located only between entranceway and the second floor window.(g) All nonconforming signs shall comply with the requirements of this section upon
changes in signage that exceed a cost of five hundred dollars ($500.00).
(D) Gasoline servlce stalions. The following additional requirements shall apply to gasoline
service stations and shall prevail in the event of conflict with other provrsions of this article.(1) Monument signs. Monument signs that are compatible with the architectural design
of the service station are the only permitted freestanding signs. Only one (1) such
sign is permitted per service station site and it can measure no more than seven (7)
feet in height and six (6) feet in width. lf there are businesses separate from the
service station which are also located on the site, they may have identification on the
freestanding monument sign.(2) Canopres. Canopies shall not contain any signage, striping or super graphics.(3) Window signage. Window signage shall not be permitted, unless it is permanent in
nature, is a fixture and made of a durable material, not made of paper, cardboard,
cloth, plastic, canvas or wallboard. Window signage shall not exceed ten (10)
percent of the area of the window and is further subject to the restrictions of subsec.
s05-30(F)
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(4) Lighting fixtures. Lighting fixtures shall be baffled and arranged so that illumination is
deflected away from adjacent properties and roadways.
Sec. 505-150. Signs exempt from permit requirement.(A) Sign permit required. A sign permit is not required to change or replace the advertrsing
copy, message or sign face on a sign. However, the change or replacement of advertising
copy, message or sign face must not enlarge or increase the sign area nor adversely
affect the original design integrity. lf, in order to change or replace the advertising copy,
message or sign face, the supporting sign structure must be unfastened, loosened or
removed, then a sign permit shall be required. Copy shall not be replaced such that the
sign changes from an on-premises sign to an off-premises sign.(B) The following signs are exempt from the permitting procedures of this article, provided
that such signs are erected in conformance with all other requirements of this article and
any applicable building codes. Unless otherwise indicated in subsections (1) through (24)
below, exempt signs are permitted in any zoning district of the city.(1) ldentification signs of two (2) square feet or less and having no individual letters,
symbols, numbers, logos or designs in excess of eight (8) inches in vertical or
horizontal dimension and displayed below the roof of the building.(2) Noncommercial signs of two (2) square feet or less.(3) Directional and instructional signs, where vehicle or pedestrian movement is
involved, of four (4) square feet or less. Freestanding signs of this type shall be no
greater than four (4) feet in height.(4) Regulatory or informational signs or statutory, traffic control or directional signs
erected on public property with permission as appropriate from the state, the United
States, the county and the city, or erected and maintained by the appropriate
governmental agency for such purposes.(5) Memorial signs or tablets, and names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze or other noncombustible
materials and attached to the surface of a building.(6) Legal notices and official rnstruments.(7) Holiday seasonal or commemorative lights and decorations for a period of time no
more than thirty (30) days prior to the holiday and seven (7) days after the holiday.(8) Merchandise not displayed for the purpose of advertising but which can be seen from
public rights-of-way behind storefront windows.(9) Signs incorporated into machinery or equipment by a manufacturer or distributor,
which identify or advertise only the product or service dispensed by the machine or
equipment, such as signs customarily affixed to vending machines, newspaper
racks, telephone booths, and gasoline pumps.
(10) Signs located on vehicles, taxicabs, buses, trucks or vehicle bumpers which cannot
be construed as vehicle signs as defined by this article.
(1 1) Public warning signs to indicate the dangers of swimming, animals or similar
hazards, of two (2) square feet or less.
(12) Works of art that do not constitute commercial advertising.
(13) Noncommercial signs carried by a person.
(14) Under-canopy signs placed behind the rightof-way line for pedestrian use,
perpendicular to the building facade and less than four (4) square feet.
(15) Projecting signs placed behind the vehicular right-of-way line, for pedestrian use,
perpendicular to the building facade and less than four (4) square feet, including the
frame or device used in its display.
(16) Menus of less than two (2) square feet mounted at the entrances to restaurants.
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(A)
(B)
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(17) Flags pursuant to sec. 505-160 (flagpoles and flags). Flagpoles shall require a
building permit.
(18) To the extent that this subsection allows a sign displaying commercial copy to be
exempl from permitting, it shall allow a sign with the same size, length of display,
appearance, location, display area, and other physical characteristics to be exempt
from permitting if it displays noncommercial copy.
(19) Permitted window signs.
(20) Real estate signs in the E-1, RS, RD, NBHD-RES and RO districts, subject to sec.
505-170(DX1).
505-160. Flagpoles and flags.
Flagpoles and flags shall be permitted in all districts subject to all applicable provisions of
the code. Flagpoles in any residential district shall not exceed a maximum height of twenty
(20) feet above grade. ln all other zoning districts, the maximum height of a flagpole shall
be the maximum structure height for the district in which the flagpole rs located or forty
(40) feet, whichever is less.
Flagpoles shall not be placed on top of buildings or ancillary structures such as (but not
limited to) light poles. Flags shall not be draped or folded over the sides of buildings, nor
shall they be tied to the exterior of any building or window.
The maximum dimensions of any flag shall be proportional to the flagpole height. The hoist
side of the flag shall not exceed twenty (20) percent of the vertrcal height of the pole. ln
addition, flags are subject to the following dimensional limitations:
(c)
lvlaximum Fl Size b Pole Hei ht
(D) Other than single-family residential lots which shall be permitted one (1) flagpole per lot,
each lot shall be allowed a maximum of three (3) flagpoles. A maximum of two (2) flags
shall be allowed per flagpole. References to the number of flags and flagpoles and flag
dimensions refer to both vertical flagpoles and mast-arm flagpoles (for example, staffs
extending at an angle from a building). On United States and Florida holidays, there shall
be no maximum flag size or number or other limitations on manner of display. This section
shall not prevent marinas or boat docking facilities holding valid business tax receipts from
displaying additional flags for navigation purposes as necessary.
Sec. 505-170. Temporary signs.
The following temporary signs shall be permitted in any zoning district, except as otherwise
provided, and shall be subject to the following provisions.(A) Approval of temporary srErns. Temporary signs shall be approved in accordance with the
permitting procedures provided in sec. 505-200 (signage review, approval process and
fees) of this article unless otherwise provided.(B) Removal; bond required.(1) Application of bond requirement.
Pole Height Maximum Flag Size
Up to twenty-five (25) feet Up to twenty-five (25) total square
feet
Greater than twenty-five (25) feet not
exceeding forty (40) feet Up to forty (40) total square feet
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a. Unless exempt under subsec. (b) below, at the time that an application is
made for placement of any temporary sign(s) the applicant shall provide a cash
bond to the city, the condition of which is that all signs permitted in connection
with the bond shall be removed by the applicant in accordance with the time
limits provided in this section.
b. The bond requirement for temporary signs shall not apply to any person
placing four (4) or fewer temporary signs none of which exceed a sign area of six
(6) square feet per sign, or four (4) or fewer special event banners upon the
premises of a special event, none of which exceed a sign area of eight (8) square
feet per sign. All temporary signs posted pursuant to this subsection shall
otherwise comply with the applicable regulations of this section.
Any person who posts temporary signs pursuant to an exemption from the bond
requirement shall be subject to a $25.00 penalty per sign which is placed in violation
of this section or is not removed within the time frames established by this section.(2) Payment of bond. Bonds shall be in the principal sum of one hundred dollars
($100.00) and the bond shall contain language that authorizes the city to use all or
any part of the principal of the bond to cover its expenses in removing the signs if the
applicant for the sign permit does not remove the sign within this period of time. The
designated city official responsible for reviewing the temporary sign application
pursuant to sec. 505-200 (signage review, approval process and fees) shall fonvard
proof of the applicant's payment of the bond to the code compliance unit manager
and community development director. Candidates for political office who have
qualified by the petition method pursuant to Florida Statutes, section 99.095, seeking
to post political campaign signs shall be exempt from this bond requirement.(3) Failure to obtain approval; removal of s,gns. lf temporary signs are posted and the
applicant has failed to obtain approval as required pursuant to this article, the code
compliance unit manager is authorized and directed to cause the signs to be
removed immediately. The code compliance unit manager shall keep an estimate of
department expenses in removing such signs and no permit will later be granted to
any applicant, unless the applicant first pays the expenses of removing such signs,
as estimated by the code compliance unit manager. Candidates for political office
who have qualified by the petition method pursuant to Florida Statutes, section
99.095, seeking to post political campaign signs, shall be exempt from this
repayment requirement.(4) Responsibility for hazards; responsibility for removal of s,grns. Anyone who has
installed a temporary sign, as well as the occupant or property owner, shall remove
all such signs upon the issuance of a hurricane watch for the city by the National
Hurricane Center of the National Oceanic and Atmospheric Administration National
Weather Service. Failure to remove such signs, which pose a hazard in hurricane
conditions, within twenty-four (24) hours of the issuance of the hurricane watch shall
cause the city to retain the bond related to the sign, if applicable, and remove the
sign in accordance with the provisions of this section.(C) Decorative flags and bunting. Such signs shall only be permitted by the city commission in
connection with special events held in the city which are sponsored by the city and open to
the general public, and shall be limited to information pertaining to the special event. ln no
case shall the flags or bunting be displayed more than thirty (30) days prior to the date of
the event and seven (7) days after the event has concluded.(D) Real estate slgns may be freestanding, attached to a fence or freestanding wall, or
attached to a building or window facing streets and waterways.(1) Permit: Required for all real estate sales signs except those within the E- 1 , RS, RD,
NBHD-RES, and RO districts.
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(2) Maximum number: One sign per street and waterway frontage, and up to one open
house sign per lot.(3) Maximum height: Six (6) feet in the E-1 , RS, RD, NBHD-RES, and RO districts and
ten (10) feet in all other districts.(4) Maximum sign area for freestanding signs:a. E-1, RS, RD, NBHD-RES, and RO districts. Four (4) square feet with up to three
(3) suspended strip signs of not more than one and one-quarter (1.25) square
feet each; for open house signs, three (3) square feet.
b. All other districts: Twenty-four (24) square feetc. Signs may be double-faced provided the information on both sides is identical.(5) Maximum sign area for building and window signsr Three (3) square feet.(6) Time period and duration: Must be removed within seven (7) days of the sale or
lease of the premises upon which the sign is located. Open house signs are only
permitted while the owner or agent is on the premises.(7) Signage copy: Copy is limited to the following, and to similar copy as determined by
the Director:a. "For Sale," For Lease," "For Rent," or simrlar,b. The name ofthe Real Estate Broker or Realtor orthe name ofthe owner or
manager or "By Owner;"c. A designation following such name as being either a Realtor, Broker, or owner in
lettering not to exceed four (4) inches in height;d. The telephone numbe(s) of sard Realtor, Broker or Owner;e. The words, "Appointment Only," 'Waterfront," "Pool;" or other major amenity andf. The size of the property or building, and for all districts other than E-'1, RS and
RD, the zoning information and permitted use of the property may also be
displayed.(E) Construction/development slgns may be freestanding, mounted upon a fence or
freestanding wall, or the side of a construction trailer.(1) Maximum number: one (1) sign per one hundred (100) feet of street frontage, not to
exceed two (2) signs per street frontage in the E-1 , RS, RD, NBHD-RES and RO
districts. Two (2) signs per street frontage are permitted in all other districts.(2) Maximum height: six (6) feet in the E-1, RS, RD NBHD-RES and RO districts, and
ten (1 0) feet in all other districts.(3) Maximum signage area: thirty{wo (32) square feet per project.(4) Time period and duration:a. Beginning with the city's acceptance and receipt of a complete application
submittal for site plan approval for the development to which the sign pertains; or
b. Beginning with the City's acceptance and receipt of a complete application
submittal for a Building Permit for the development to which the sign pertains, at
the developer's option or where no site plan approval is required; andc. ln all cases, terminating upon issuance of a Certificate of Occupancy, provided
that such signage shall be removed upon expiration of the approved site plan or
expiration of the building permit authorizing the posting of the signage.(F) Banners or srgrns placed across any public street, park or other public way or propefty.
Such signs shall only be permitted by the city manager on a temporary basis, on a finding
that they are in connection with a special event being held in the city which is sponsored
by the city and open to the general public. Such signs shall not be permitted to be
displayed more than thirty (30) days prior to the special event and seven (7) days after the
event has concluded. lnformation on the banner shall relate only to the special event, and
shall consist only of the event name, the date(s) of the special event, the time and
location.
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(G) Temporary political and noncommercial slgns. Temporary political and noncommercial
signs, subject to the removal requirements of subsection (B) above, of eight (8) square
feet in area or less. Temporary political signs shall not be posted or displayed prior to the
date of qualification of the candidate identified in such signs. For signs relating to any
other ballot matter, such signs shall not be posted or displayed prior to the date of recerpt
by the office of the Broward County Supervisor of Elections of the ballot matter wording for
printing on the ballot for the applicable election. All other temporary noncommercial srgns
without a specific timeframe for posting under this section shall be permitted to be posted
no earlier than the date on which such signs become relevant to an issue or event of a
temporary duration.(H) Temporary special event s/gns. Temporary special event signs shall be permitted subject
to the following regulations.(1) Application. The applicant shall submit a written application to the city clerk on a form
to be provided by the city, which shall provide the following rnformation:(a) Nature of the special event. fhe application shall include the location of the
special event and daily schedule of activities.(b) Duration of special event. The application shall include dates of
commencement and termination of the special event.(c) Type of signage proposed. The application shall include description of signage
including dimensions, materials used, method of construction and placement
including dimensions from driveway, righlof-way and edge of pavement, list of
sign locations, proposed illumination, and such other information as the city
may req uire.(d) Responslb/e agents. The application shall identify the name and phone
number of the sponsoring entity and principle contacts responsible for erecting
and removing signage.(e) Number of signs. The application shall specify the number of temporary special
event signs requested and shall conform with the applicable requirements for a
temporary sign bond, as applicable pursuant to subsection (B) of this section.(2) Temporary special event signs may be in the form of attached, freestanding signs or
banner signs. Each special event shall be permitted to utilize the following signs.(a) A maximum of twenty (20) attached or freestanding special events signs of no
more than three (3) square feet in area per sign. These signs shall be
permitted to be placed only upon the premises of the event and upon private
property, with the permission of the property owner.(b) A maximum of four (4) temporary attached signs or banner srgns of no more
than eight (8) square feet in area per sign. These signs shall be permitted to
be placed only upon the premises of the event.(3) Signs may be illuminated subject to compliance with sec. 505-30(H).(3) Posting and removal. Temporary special event signs shall not be permitted to be
displayed more than thirty (30) days prior to the commencement of the special event
and shall be removed no later than seven (7) days after the event has concluded.(l) Temporary garage sale signs. The posting of garage sale signs shall be permitted if a
garage sale license has been granted pursuant to Chapter 21 "Sales and Auctions", Article
lll "Garage Sales." Garage sale signs shall be posted in accordance with the following
requirements:(1) Sign area and required fexl. A garage sale sign shall not exceed three (3) square
feet in area. Each sign shall, in clearly legible text, identify the date(s), times, and
address of the sale, and display a registration sticker bearing the garage sale license
number issued by the City.
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(2) Placement of slgns. A maximum of two (2) garage sale signs may be placed on the
property upon which the sale is located. Up to three (3) garage sale signs may be
placed upon private property, with the consent of the property owner.(3) Duration. Garage sale signs may be posted only between the hours of 5:00 a.m. and
7:00 p.m. on the days the sale is licensed.(J) Durational limits for all other temporary signs. All other temporary signs posted in
accordance with this section shall be removed no later than (7) days after the sign is no
longer relevant to an issue or event of a temporary duration.
Sec.
(A)
505-180. Nonconforming signs.
The following types of signs are declared to be nonconforming and shall be removed no
later than five (5) years from the date of adoption of Ordinance No. 25-98:(1) All roof signs, except integral.(2) All pole signs, except those allowed in sec.505-140 (special signage regulations by
location or type of use) and sec.3'15-50 (signage for hotel overlay district) or any pole
sign determined by the Community Development Director, based on a reasonable
analysis of the available information, to have been built prior to annexation into the
City, which is located within a County-owned right-of-way.(3) Painted wall signs, excluding supergraphic signs.
The following types of signs may be nonconforming as to size, height or both or other
requirements of this article and shall be made to conform to the requirements of this article
no later than five (5) years from the date of adoptron of Ordinance No. 25-98.(1) All wall signs.(2) All monument signs.
AII other types of signs which were lawfully erected and which no longer meet the zoning
requirements of the city zoning ordinance are declared nonconforming and shall be
removed or brought in to conformance with the zoning ordinance no later than ninety (90)
days from the date of adoption of Ordinance No. 2003-044.
Nohvithstanding the provisions above, any pole sign determined by the Community
Development Director, based on a reasonable analysis of the available information, to
have been built prior to annexation into the City and which is located within County-owned
right-of-way, shall be declared to be nonconforming, and shall comply with the regulations
set forth in Article 710, Nonconforming uses, structures and lots, except that no
improvements shall be made to the sign.
(B)
(c)
(D)
Sec. 505-190. Relief from requirements, sign variances.(A) A sign variance may be granted pursuant to the procedures and requirements of article
625, except that the criteria for granting variances in sec. 625-40 shall be replaced with the
following criteria:(1) The sign, after the granting of a variance, will still maintain the basic intent and
aesthetic improvement purposes of the sign regulations, pa(icularly as it affects the
appearance and compatibility with properties in the surrounding areas; and(2) The signs permitted under this code cannot be adequately viewed due to physical
site distinctions; and(3) The applicant's hardship shall not be self-created or based solely on inability to
comply with the code; and
(4) The architectural design of a structure or the site plan pose unique and extenuating
characteristics which are not compatible with the requirements of this article; and
(5) The structure or site configuration are unique, which causes the signage permitted by
this article to be ineffective in identifying a use or structure that would otherwise be
entitled to a sign.
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(B)
(c)
(D)
Sec,
(A)
(B)
A sign variance can never be obtained to allow a type of sign that is prohibited by section
505-40 (prohibited signs).
An application for a sign variance shall be made with the community development
department. Notice shall be as provided in sec. 610-20 (table of public notice
requirements).
The provisions of the Florida Building Code (FBC) (or its successor code) pertaining to
unsafe structures shall apply to signs that were permitted through the sign variance
process.
505-200. Signage review, approval process and fees.
Sign permit required. Prior to the erection, construction, alteration, relocation or repair of
any sign, a city sign permit must first be obtained for such work, as well as a building
permit if required by the building code unless such sign is exempt from the permitting
requirement pursuant to sec. 505-150 (signs exempt from permit requirement). Failure to
obtain a sign permit, if required shall be a violation of this section. An application for sign
permit, if required, shall be submitted to the building division and processed in accordance
with this article. No sign shall be approved for use unless it has been inspected and found
to be in compliance with all requirements of this article.
Review and approval of temporary political and noncommercial slgns. An application to
place temporary political and noncommercial signs of eight (8) square feet or less shall be
made to the city clerk on a form prepared by the clerk. An applicant seeking to place more
than four (4) temporary political or noncommercial signs, and any applicant seeking to
place one (1) or more signs of six (6) square feet or more in size, shall post a bond in
accordance with sec. 505-170 (temporary signs) of this article. Persons placing less than
four (4) temporary signs that do not exceed six (6) square feet in size, shall be exempt
from the bond requirements. The receipt for bond payment shall serve as a permit for
placement of temporary political and noncommercial signs of eight (8) square feet or less.
The owner of all signs for which permits are required shall be responsible for permanently
affixing the permit number on all erected signs.
An application for sign permit shall be submitted to the building divisron. The application
shall include drawings and specifications as may be required to fully advise the community
development department with the location, size, materials/appearance, color/manner of
illumination, the number of signs applied for, and the consent of the property owner.(1) Upon submission of an application, staff shall have twenty (20) business days to
determine whether it is complete, and if not, to provide the applicant with written
notice of the deficiencies. Upon resubmission of the application, staff shall have
fifteen (15) additional business days to determine whether the applicant's revisions
are sufficient to complete the application, and if not, to again inform the applicant of
any remaining deficiencies in writing. This process shall continue until the applicant
has submitted a complete application or demands that the application be reviewed
AS iS,(2) The director shall review all of the information submitted to determine conformity with
this article, including the location of the proposed sign. Upon payment of the required
fee, the director shall approve or deny the sign permit based on whether it complies
with the requirements of this article, within twenty (20) business days after receipt of
a complete application.(3) The director shall prepare a written notice of declsion, describing the applicant's
appeal rights, and mail it to the applicant. The applicant may file a written notice of
appeal to the city commission within ten (10) business days after the date of receipt
of the director's decision. The city commission shall hear and decide the appeal at
the next available commission meeting that is at least twenty (20) business days
(c)
(D)
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after the date of receiving the written notice of appeal. lf the city commission does
not grant the appeal, then the appellant may immediately seek relref in the Circuit
Court for Broward County, as provided by law.(E) Time limitations for effectiveness of sign permit.(1) An application for a sign permit pursuant to this article for any proposed work shall
be deemed to have been abandoned six (6) months after the date of filing for the
sign permit, unless a sign permit has been issued before then. One (1) or more
extensions of time, for a period not to exceed sixty (60) business days may be
allowed by the community development director, upon a written request and
demonstration of justifiable cause.(2) Every sign permit issued by the city pursuant to this article shall become invalid
unless the work authorized by such sign permit is commenced within six (6) months
after its issuance, or if the work authorized by such sign permit is suspended or
abandoned for a period of six (6) months after the time that the work has
commenced. lf the work has commenced and the sign permit is revoked, becomes
null and void or expires because of a lack of progress or abandonment, a new sign
permit covering the proposed work shall be obtained before proceeding with the
work.(F) Revocation of sign permit.(1) The community development director is authorized and empowered to revoke, in
writing, any sign permit issued pursuant to this article, upon failure of the holder of
the permit to comply with the provisions of this article, or if the permit was issued on
the basis of misstatement of facts or fraud by the applicant.(2) The written revocation shall describe the appeal process.(3) The director shall send the written revocation by certified mail, return receipt
requested, to the sign owner.(4) Any person having an interest in the sign or property may appeal the revocation, by
filing a written notice of appeal to the city commission, to be submitted in duplicate to
the city clerk and community development director within fifteen (15) calendar days
after the date of receipt of the directols written revocation.(5) The city commission shall hear and decide the appeal at the next available
commission meeting that is at least thirty (30) calendar days after the date of
receiving the written notice of appeal. lf the city commission does not grant the
appeal, then the appellant may immediately seek relief in the Circuit Court for
Broward County, as provided by law.
(G) Fees. Sign permit fees shall be paid as provided by schedule on file in the office of the
community development department and as established by the clty commisslon by
resolution from time to time.
Sec. 505-210. Master signage plans.
(A) Applicability. No permit shall be issued for a sign within a m ultiple-occupant lot after
Deceiiiler 31, 2010, unless and until the city has approved a master srgnage plan for the
lot within which the sign will be erected. No sign shall be erected, placed, painted,
modified or maintained, except in accordance with such plan, and such plan may be
enforced in the same way as any provision of this article. ln case of any conflict between a
provision of a master signage plan and one or more provisions of the code, the code shall
control.
(B) Master signage plan content requirements.(1) An accurate plot plan ofthe lot, at such scale as the director may reasonably require.
Where a site plan has been approved for the lot, or one is proposed or otherwise
required prior to the construction requiring the signage, the site plan shall be
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submitted as the plot plan. ln the absence of an approved or proposed site plan, a
final (as-built) survey shall be submitted as the plot plan. The plot plan shall contain
at least the following:a. Location of buildings, structures, vehicular use areas, and landscaped areas on
such lot;b. Proposed location of each present and future sign of any type, whether requiring
a permit or not, except that incidental signs need not be shown;c. Dimensions of all buildings, structures, vehicular use areas, and landscaped
areas, existing signs, proposed signs, and distances between all signs and street
lines, property lines, vehicular use areas, clear sight distance triangles, buildings,
structures, other proposed signs and existing signs to remain, and any other
dimensions necessary to demonstrate compliance with all requirements of this
Article and the code;d. Computation of the proposed and allowable total sign area, individual sign area,
sign height(s), lettering height if applicable, and number of freestanding signs
with such computations following the applicable formulae set forth in this article;(2) Specifications of the signage that will permitted on the lot including signage types,
color, style, location(s), number of signs per occupant space, materials, method of
illumination, if any, and any other limitations that will apply.(C) A master signage plan shall be included in any master development plan and site plan. A
master signage plan may be amended by filing a new master signage plan that conforms
with all requirements of this article then in effect.
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ARTICLE 510. PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS.
Sec. 510-20. Applicability.(A) This article shall apply to all commercially zoned properties that have frontage on any of
the following roadways within the City of Dania Beach.(1) Griffin Road from the western city limits to the intersection with Federal Highway (US
1);(2) Stirling Road from the western city limits to the intersection with Federal Highway
(us 1);(3) Sheridan Street along it's north side from the intersection of Federal Highway (US 1)
to the eastern limits of the city;(4) Dania Beach Boulevard from the intersection with Federal Highway (US 1) to the
eastern limits of the city; and(5) Federal Highway (US 1) from its intersectron wrth Griffin Road on the north to its
intersection with Sheridan Street on the south.(6) Bryan Road from its intersection with Old Griffin Road on the north to its intersection
with Stirling Road on the south.(7) Anglers Avenue from the northern cjty limit at State Road 84 to its southern city limit
on Stirling Road.(B) This article shall apply to all new commercial development with frontage on the roadways
listed in subsection (A), including any modifications, additions, or renovations to building
exteriors fronting on a listed arterial, or signage changes valued in excess of five hundred
dollars ($500.00) by the building division when calculating the valuation of the work for
which the permit is sought.(C) The city commission may approve exceptions to this article as conditions to a site plan
approval upon making the following findings.(1) There are circumstances peculiar to the site or the intended use that makes
compliance with a particular requirement of this article impracticable; and(2) The applicant has offered significant enhancements to other pertinent aspects of the
site that the city commission determines will offset any negative impact that an
exception to these standards might otherwise create.
City of Dania Beach 252 Draft: August 2010
Sec. 5'10-10. Objectives.(A) Objectives of this article. The following standards are established for commercial
development along principal arterials to ensure that such uses shall be compatible with
other uses permitted in the same district and to protect the public health, safety and
welfare of the community.(B) The purpose of the standards in this article is to promote design, which rs architecturally
compatible with the surrounding area and the design goals of the City of Dania Beach.(C) These standards are designed to promote development and redevelopment where the
physical, visual and spatial characteristics are established and reinforced through the
consistent use of compatible urban design elements. Such elements shall relate the
design characteristics of an indivrdual building or project to the other existing and planned
structures in a harmonious manner, resulting in a coherent overall development pattern
and streetscape.(D) The standards in this article are intended to discourage generic suburban development
types that bear little relation to the hrstoric development pattern of Dania Beach.(E) lt is the purpose of this article to provide a process to ensure that historically and
architecturally significant structures are conserved to the maximum extent feasible.
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(D) The community development director may waive the application of this article to
development that does not require a site plan approval, upon finding that the requested
development is so minimal that a waaver will not undermine the accomplishment of the
objectives of this article.
Sec.
(A)
(B)
(c)
510-30. Appearance.
All structures on a site shall create a unified architectural theme.
All building facades shall be articulated through the use of a coherent and clear
architectural design that incorporates rhythms in form and construction details. Buildings
shall be designed to incorporate rhythms in form and construction details.
Buildings facing a public street or interior courtyard space shall be architecturally
emphasized through entrance treatment, fenestration, and building details. Buildings with
more than one facade facing a public street shall provide treatment for each facade.
Roofs shall be pitched with generous overhangs. The roofing shall be incombustible
material such as shingle, clay tile, cement tile, or metal.
Roof and exterior wall surfaces, with the exception of glass areas shall be nonreflective.
Opaque surfaces and refleclive or mirrored type glazing at ground level visible from the
sidewalk is prohibited.
The use of flat steel or metal panels for the exterior walls is prohibited.
The rear and sides of buildings shall be finished with material that in texture and color
resembles the front of the building.
Glass windows and doors must make up at least thirty-five (35) percent of the primary
elevation of a corner site and fifteen (15) percent of the secondary elevation of a corner
site, except where additional fenestration is required in the CRA form-based zoning
districts. On ground stories, the minimum required glass fagade area shall be measured
between a height of two and one-half (2.5) feet and eight (8) feet above the abutting
grade. The wrndows shall not be covered or opaque. Display is permitted provided there
is functional cross-vision between the inside and outside of the store. Display windows
should be accented with awnings or other architectural features.
The coloration of all buildings shall be nature blending with a maximum of three (3) colors
exclusive of roof. The use of "earth tone" or light pastel colors is encouraged. Semi-
transparent stains are recommended for application on natural wood finishes.
Canopies, if utilized, shall be restricted to a clearance of fourteen (14) feet in height for
areas accommodating vehicles and a maximum clearance of ten (10) feet in height for
nonvehicular areas, and shall be consistent with the main building design. The canopy
columns shall be architecturally finished to match the building.
Work area or storage doors and open bays shall not open toward or otherwise be visible
from any of the designated principal roads.
Heating, ventilation and air conditioning equipment, duct work, air compressors, other
fixed operating machinery shall be either screened from view or located so that such items
are not visible from the designated arterial, adjacent residential properties or intersecting
streets.
No temporary structures shall be permitted, except those allowed in article 675,
"Temporary uses" and associated signage. Office-type mobile units when used as
temporary facilities shall be screened from view from the designated arterial and equipped
with rigid skirting on all sides. Any towing gear shall be removed, and if not removable,
shall be screened from the designated arterial.
A minimum distance of eight (8) feet shall be maintained between the front of any building,
including any walkway immediately adjacent thereto, and the parking area. This space is
to be reserved for landscaping, either existing or planned, and is required to have a
minimum three (3)Joot wide strip for plant material. No such space is required at the sides
(D)
(E)
(F)
(G)
(H)
(t)
(J)
(K)
(L)
(M)
(N)
City of Dania Beach 2s3 Draft: August 2010
(o)
(P)
Sec.
(A)
Land Development Code
or rear of the building unless there is an adjoining residential use. This requirement is not
applicable within the CRA form-based zoning drstricts.
Windows and doors visible from any listed arterial street shall not be obstructed by
security bars or similar devices.
Windows and doors visible from any listed arterial street shall not be obstructed by storm
or security shutters or panels, except as provided in chapter 8, sec. 8-186 of the code of
ordinances (storm shutter placement);
510-40. Landscaping, walls and fencing.
Commercial development must comply with article 275, "landscaping requirements",
provided that the street tree requirements shall be altered to require palm clusters on the
ends of landscape buffers. The palm clusters shall consist of three (3) palms with a
minimum height of thirteen ('13) feet.
The use of landscape accents, such as planters and window boxes, shall be incorporated
into the overall landscape design of the building and the site.
Where hedges are utilized and adequate space exists, a tiered effect is required.
Landscaped areas shall be surrounded with a six (6)-inch raised concrete curb. Grade
within areas to be landscaped shall be raised to curb-height.
Chain link, barbed wire and similar fencing along a designated arterial are prohibited.
Where such fencing can be viewed from a designated arterial, landscaping, berming, or
both shall be provided to minimize visibility from the designated arterial.
Perimeter walls, if utilized, shall be architecturally compatible with the principal structure.
(B)
(c)
(D)
(E)
(F)
City of Dania Beach 254 Draft: August 2010
Part 5
Article 510
Part 5
Article 515 Land Development Code
ARTICLE 5,I5. GASOLINE SERVICE STATIONS.
Sec. 515-10. Objectives of this article.(A) The following standards are established for service stations to ensure that such uses shall
be compatible with other uses permitted in the same district and to protect the public
health, safety and welfare of the community.(B) The purpose of the standards in this article is to promote design, which is architecturally
compatible with the surrounding area and the design goals of the City of Dania Beach.
Sec. 515-20. Applicability.(A) This article shall apply to all new service stations, and additions or renovations valued in
excess of five thousand dollars ($5,000.00) according to the city building permit valuation
for any work done on all above ground structures and fixtures as determined by the City. lt
shall further apply to all work valued in excess of one hundred thousand dollars
($100,000.00) for any work done on below ground equipment and infrastructure. These
amounts represent the measured amounts within any twelve-month period.(B) Modifications from the requirements of this article can be approved by the city commission
as a variance pursuant to Article 625.
Sec.
(A)
(B)
(c)
(D)
(E)
(F)
515-30. Appearance.
All structures on the site shall create a unified architectural theme.
Service station roofs shall be pitched with generous overhangs. The roofing shall be
incombustible materials such as shingle, clay tile, cement tile, or metal.
Roof and exterior wall surfaces, with the exception of glass areas shall be nonreflective.
Any glass coating shall not reflect outward.
The use of flat steel or metal panels for the exterior walls of the service station shall be
prohibited.
The rear and sides of buildings shall be finished with material that in texture and color
resembles the front of the building.
Glass windows and doors must make up at least thirty-five (35) percent of the primary
elevation and fifteen (15) percent of the secondary elevation. This calculation is excluding
areas designated as service bays.
The coloration of all buildings shall be nature blending with a maximum of three (3) colors
exclusive of roof. The use of "earth tone" or light pastel colors is encouraged. Semi-
transparent stains are recommended for application on natural wood finishes.
The canopy shall be restricted to a clearance of fourteen (14) feet in height and shall be
consistent with the main building design. The canopy columns shall be architecturally
finished to match the building.
Perimeter walls if utilized shall be architecturally compatible with the principal structure.
(G)
(H)
(t)
Sec. 5'1540. Landscaping.
The service station must comply with atlicle 275 landscaping requirements as well as the
following requirements.(A) Street tree requirements shall be altered to require palm clusters on the ends of landscape
buffers parallel to the service pump canopy. The palm clusters shall consist of three (3)
palms with a minimum height of thirteen (13) feet.(B) The use of landscape accents, such as planters and window boxes, shall be incorporated
into the overall landscape design of the building and the site.(C) The pump service island shall contain planters on the ends equal to the width of the island.(D) Where hedges are utilized and adequate space exists, a tiered effect is required.
City of Dania Beach 255 Draft: August 2010
Part 5
Article 515 Land Development Code
(E) Landscaped areas shall be surrounded with a six (6)-inch raised concrete curb. Grade
within areas to be landscaped shall be raised to curb height.
City of Dania Beach 256 Oraft: August 2010
Part 5
Article 520
ARTICLE 520. LARGE RETAIL ESTABLISHMENT STANDARDS.
Sec. 520-1 0. Applicability.
This article applies to the new construction of large retail establishments, as defined in sec. 725-
30, within Dania Beach, which may include both "big box" stores and shopping centers. These
requirements shall be in addition to requirements of article 510 and 525.
Sec. 520-30. Building configuration.
Within the CRA form-based zoning districts, large retail establishments shall be constructed to
the build{o-line of all primary street block frontages.
Sec. 520-50. Storefronts.(A) This section supplements sec. 525-30 and 510-30 (principal arterial design standards and
CRA form-based design standards, respectively).
City of Dania Beach 257 Draft: August 2010
Land Development Code
Sec.520-20. lntent.
This standards set forth in this article are intended to ensure that large retail establishments
blend seamlessly into the adjacent community, as well as the urban fabric envisioned in the
approved CRA Redevelopment Plan and implementing CRA form-based zoning districts.
Specifically, it is intended that large retail establishments are designed with a pedestrian scale
and orrentation, in a manner that is compatible with adjacent uses and building forms, and that
contributes to the visual stimulation of the streetscape.
Sec. 520-40. Massing and articulation.
This section supplements sections 525-30 and 510-30 (principal arterial design standards and
CRA form-based design standards, respectively).(A) ln all zoning districts, no portion of any fagade shall exceed fifty (50) feet in length fronting
a public street or surface parking area containing more than one hundred (100) parking
spaces without architectural articulation pursuant to subsec. (B) intended to break up the
mass and monotony of the building and create visual interest.(B) The following are minimum required methods of building articulation that shall be
combined in a complimentary and coordinated manner:(1) Fagade projections and recesses corresponding to changes in roofline (or decorative
"false" roof projections from the facade), and which may be coordinated with
changes in wall color or matenals;(2) Awnings, colonnades, overhangs, arches;(3) Architectural details such as tile work and moldings which are integrated into the
building structure and design.(C) Other massing and fagade articulation techniques such as the guidelines in sec. 525-30
should be employed.(D) Tree clusters may be used to obscure blank walls and reduce the perception of building
mass, but are not a preferred method of articulation in the CRA form-based zoning
districts.(E) The building shall vary in overall height on average at least every one hundred (100) feet
of faEade length.
Part 5
Article 520 Land Development Code
(B) The presence of smaller retail stores breaks up large expanses of building wall, which
creates variety and stimulates interest both visually and in the expanded actual or
perceived range of the site's activities.(C) For this reason, the primary street frontages of large retail establishments should be lined
with independent shops that have individual outside entrances. At a minimum, the faqade
should appear as if it is dividing into individual storefronts.(D) Within the CRA form-based zoning districts, large retail establishments may be lined with
two (2) story residential liner buildings with external ground-story entrances if permitted
on the given street. ln all cases, large retail establishments shall comply with the following
standards of subsection (E).(E) Within the CRA form-based zoning districts:(1) There shall be at least one (1) distinct retail shopfront with outside entrance for each
seventy-five (75) feet of building length fronting designated primary streets. Such
shopfronts shall be exclusive of entrances that lead directly into the large retail
establishment.(2) The building frontage shall be designed as a shopfront, pursuant to sec. 31 1-20.(3) The interior of the shopfront ("shop") shall be fully partitioned and separated from the
large retail establishment on at least two (2) sides from floor to ceiling, and shall
have a minimum depth of thirty (30) feet measured perpendicular from the outside
wall of the shopfront.(4) The shop may be owned and operated by the large retail establishment, or may be
leased or sold separate from the large retail establishment.(5) Each shop shall offer a specialized service or product. Examples include a
restaurant, snack bar, photo shop, pharmacy, optical store, grocery store, and
electronics store. Each may be a division of the large retail establishment, but shall
be designed and shall function as an individual store complete with outside entrance
and cashier.(6) Each shopfront may have its own signage as provided in article 505, "Sign
regulations."(7) Single-story buildings that do not have a full habitable second story and which
exceed twenty (20) feet in height from floor to the lowest eave line of the roof shall be
designed to look like a fully articulated minimum two (2) story building.
City of Dania Beach 258 Draft: August 2010
Sec.520-60. Parking.(A) Vertical parking solutions should be employed to avoid surface parking lots. Potential
parking configurations can include subterranean, rooftop and structured parking. Within
the CRA form-based zoning drstricts where on-street parking is permitted, it should be
utilized to maximum advantage.
Part 5
Article 525
ARTICLE 525. ARCHITEGTURAL STANDARDS FOR
REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS.
THE COMMUNITY
Sec. 525-10. Applicability.
The design guidelines shall apply to all new construction and additions, as well as modifications
or renovations to existing building facades within all districts other than the NBHD-RES District.
This article supplements the design standards of article 510, "Principle arterial commercial
design standards". The city commission may approve waivers to the guidelines as part of site
plan approval upon making the following findings:(A) There are circumstances peculiar to the site or the intended use or both that makes
compliance with a particular requirement of this article impracticable; and(B) The applicant has offered significant enhancements to other pertinent aspects of the site
that the city commission determines will offset negative impacts that an exception to these
standards might otherwise create. The community development director may approve
exceptions to the guidelines for development that does not require site plan approval upon
a finding that the requested development is so minimal that exceptions will not undermine
objectives of this article.
Sec.
(A)
(B)
(c)
(u)
(H)
)
)
D
E
525-20. Architecture.
Buildings shall be designed consistent with the vision described in the approved CRA
Redevelopment Plan.
To emphasize the pedestrian scale of the building at the ground level, buildings shall
incorporate transparent windows and doors to attract activity and interest along the
corridors pursuant to the minimum fenestration requirements of the applicable building
frontage type in article 3'11. Accordingly; reflective or opaque surfaces are prohrbited on
windows and doors. The purpose of requiring transparent surfaces is to limit expanses of
solid walls, which are pedestrian unfriendly and unaesthetic.
Building facades facing streets or pedestrian spaces (ex: sidewalks, paseos, urban open
spaces) shall incorporate appropriate architectural features to enhance the aesthetic
environment. These features must conform to the chosen style of the building, and must
include cornice detailing, ornamentation, moldings, changes in materials and textures,
color variations, and other architectural sculpting that enhances the ground level and adds
interest and appeal to the building's exterior.
Materials used shall complement the architectural style of the building.
Facade materials should vary in texture and type, in order to accentuate entrances, exits,
windows, corners, level changes, and other architectural features.
ln instances where rooftops are used for parking, a perimeter treatment (i.e. landscape,
trellis, etc.) shall be incorporated to shield and shade the parking area from adjacent
structures.
All rooftop mechanical equipment, stair and elevator towers shall be designed to be an
integral part of the building or shall be adequately screened, and shall not exceed twelve
(12) feet in vertical height, from the rooftop floor elevation to the uppermost element of the
equipment, stair or elevator tower and shall not exceed twenty (20) percent of the rooftop
area. See also sec. 220-60 for rooftop mechanical equipment regulations in residential
districts.
Where possible, rooftops should be designed to accommodate various forms of human
activity such as sun decks, tennis courts, gardens, outdoor cafes, etc. Roof surfaces not
allocated to human activity should be finished with a surface material that does not affect
the quality of views from surrounding buildings or site lines from taller buildings should be
directed way from unsightly rooftops. Rooftops designed and used to hold topsoil and
(F)
City of Dania Beach 259 Draft: August 2010
Land Development Code
Part 5
Article 525 Land Development Code
landscape plantings (green roofs) are encouraged. See also Sec. 305-50 (green building
incentives for CRA form-based zoning diskicts).
Sec. 525-30. Massing and articulation.
Massing refers to the bulk plane of a building. The perception of building mass is
influenced by the building's distance from the street, its height relative to its width, whether
height is reached in one or multiple vertical or horizontal planes, and the spacing between
buildings. Articulation refers to the treatment of a building's fagade. A blank fagade has no
articulation. A fagade with substantial fenestration, balconies, character lines, columns, etc. rs
highly articulated. Buildings are the face of the city. Their form, quality, interest, function, and
style all serve to define the character of the city.(A) Buildings are encouraged to vary in overall height and not be contained in a single volume
of continuous height.(B) Buildings are encouraged to display a uniform cornice height between twenty-five (25) and
thirty-five (35) feet above finished grade. This cornice height should consist of a uniform
alteration to the building massing for a minimum of four (4) feet perpendicular to the
vertical surface. Buildings exceeding thirty-five (35) feet in height should maintain no more
than three (3) stories without horizontal moderation in vertical surface plane. This
moderation should consist of a minimum four (4) foot horizontal variation in surface plane
such as balconies, building projections, brise- soleil (a permanent screen, usually of
louvers, placed on the outside of a building to shield the windows from direct sunlight), etc.
Repetitive moderations are discouraged.(C) The first thirty-five (35) feet of the exterior facade vertical plane should enhance the
pedestrian environment by incorporating appropriate architectural features. Such features
include cornice, ornamentations, changes in material or color, and other sculpting of the
architectural surface, which add special interest and are compatible with public sector site
elements.(D) Building design should encourage multi{enant occupancy at the lower two (2) floors.(E) Building mass should vary by incorporating faQade projections and recesses, window
groupings, changes in color, materials, building height, roofline height, slope and form, and
by incorporating balconies, awnings, colonnades, or compatible combinations of these
examples.(F) Changes in mass should relate to structural system(s) and the organization of interior
space. Accordingly, facades should be divided into individual storefronts or entries
coinciding with architectural elements
(G) Solid walls should not exceed twenty (20) feet in length without vertical articulation.(H) Large expanses of glass should be subdivided into smaller units.(l) Upper story windows should be bordered and accented by architectural trim.
Sec. 525-40. Two-family (duplex) and mansion apartment dwelling design.(A) One (1) common entry shall face the street. The units shall share a single entrance to an
internal foyer, except that a corner lot unit may have separate entry from the corner street.
(B) All units must front a street.(C) Design shall be that of a single-family detached dwelling, with massing representative of
one cohesive design rather than a repetition of elements (especially gable roofs)
corresponding to each dwelling unit.(D) Use of a single gable roof is prohibited unless the dwelling is two floors in height.
Sec. 525-50. Barrier-free design.
Barrier-free or ADA design should be implemented throughout the form-based zones, in
compliance with the Americans with Disabilities Act.
City of Dania Beach 260 Draft: August 20'10
Part 5
Article 525 Land Development Code
(A)
(B)
Where pedestrian circulation crosses vehicular traffic, appropriate drop curbs and ramps
shall be provided.
Ramps shall be provided at building entrances and along stairs, and shall be a
fundamental part of the overall design of a building or site.
City of Dania Beach 26',|Draft: August 2010
Part 5
Article 530 Land Development Code
ARTICLE 530. PARKING STRUCTURE DESIGN.
(A)All nonstructural portions of the exterior elevataons, except for vehicular ingress and
egress areas, shall, in addition to any required safety provisions, be screened by:(1) A sight block of at least fifty (50) percent solidity for the total areas between deck
levels, such sight blockage to be determined by elevation. A solid wall for fifty (50)
percent of the distance between deck levels is not acceptable.(2) Plantings such as tall palms trees along the fagade are also required, in addition to
required street trees. Plantings may function as accents when architectural solutions
for disguising or minimizing the visual appearance of a parking structure are
employed, while insufficient architectural solutions require plantings to serve a
screening function.(3) When parking facilities are located on the roof of a structure, a four (4) foot sight
block shall be provided in accordance with the subparagraph a. above
The exterior elevations of the parking structure shall be designed to resemble the building
elevations of the building it is intended to serve.
The size, scale, color, and building elevations of the parking structure shall be compatible
with adjoining existing development.
The city commission shall consider the following issues when reviewing an application for
development approval which includes a structured parking facility, utilizing the standards
and principles set forth in this article:(1) Appearance and architectural treatments to minimize visual impacts, including the
use of false facades, liner buildings, or opaque or substantially opaque screening
along the perimeter of such structures to conceal parked vehicles from public view(2) Effectiveness of landscaping proposed for the top and sides of the structure at
reducing the perception of bulk, enhancing the fagade, screening the view of parked
cars and internal views of the structure; and tying in with other landscape materials
used on site to the extent applicable;(3) Effectiveness of landscaping, screening and buffering from adjacent single-family
and duplex residential zoning districts and uses;(4) Lighting;(5) Compatibility with adjacent structures, including mass and bulk of structure;(6) Vehicular and pedestrian orientation and circulation; and(7) Safety and convenience of ingress and egress.
(B)
(c)
(D)
City of Dania Beach 262 Draft: August 2010
Land Development Code
PART 6 DEVELOPMENT
REQU'REMENTS.
REVIEW PROCEDURES AND
ARTICLE 600, GENERAL PROVISIONS AND APPLICATION REQUIREMENTS.
Sec. 600-10. lntent and purpose.
The purpose of Part 6 of the land development code is to guide the processing and disposition
of applications for development orders that are required or authorized in this code. lt is the
intent of this Part to ensure that applications for development orders are processed, reviewed
and decided in a manner consistent with the comprehensive plan, and the regulations and
standards of this code, in order to protect and further the public health, safety and welfare.
Sec. 600-20. Applicability.
The development review procedures and requirements set fort in this Part shall apply to all
applications for development orders required or authorized in this code for land within the City of
Dania Beach.
Sec. 600-30. How to use.
Article 605 establishes the general application requirements common to all applications for
development orders. Article 610 specifies the public notice requirements for each type of
application. Additional details are then addressed in separate articles devoted to each type of
application for development order, which will detail:(A) Supplemental application requirements, if any;
B The review process and approval process;
C Criteria for the review and disposition of the application;
D The effect of approval or denial, if applicable;
E The length of time for which the approval will remain valid
City of Dania Beach 263 Draft: August 2010
Part 6
Article 600
Part 6
Article 605 Land Development Code
ARTICLE 605. GENERAL APPLICATION REQUIREMENTS.
Sec. 605-10. Qualified applicants.(A) All applications shall be in the form of a petition provided by the community development
department and submitted by any qualified applicant.(B) Qualified applicants shall be Iimited to the following:(1) For vacation or abandonment of rights-of-way; the owner or agent of the owner of
property adjacent to the right-of-way, having unified control or a recognizable interest
in the property, provided all owners and all holders of equitable interest, including
purchasers. have authorized the application as required by law.(2) For administrative appeals, any person who has been aggrieved by an order,
requirement, determination or decision on the basis of an alleged error made by the
official or employee.(3) For all other applications, the owner, or agent of the owner, having unified control or
a recognizable interest in the property, provided all owners and all holders of
equitable interest, including purchasers, have authorized the application as required
by law. For example, for a property owned by a trust, the trust agreement may allow
two (2) of three (3) trustees to authorize such an application.(4) The city manager, community redevelopment agency and city commission may
initiate future land use plan map amendments, rezonings, and text amendments, and
the city may initiate any application for land under its control, including vacations of
righfof-way.
City of Dania Beach 264 Draft: August 2010
Sec. 605-20. Determination of completeness.
The community development director or his/her designee shall review an application for
completeness and notify the applicant of any deficiencies. lncomplete applicattons shall not
undergo further processing until all submittal requirements are satisfied.
Sec. 605-30. Application submittal requirements.
The community development director shall establish standardized application submittal
requirements for each type of development application, which shall at a minimum include the
following.(A) Owner's and agent's name, address, telephone number and notarized signature;(B) Notarized signature of owne(s) and agent(s);(C) Agent's relationship to property;
(D) Proof of ownership and any other party's interest in the property, including binding contract
of sale;(E) The property's existing zoning and future land use plan map designations;(F) Description and justification for the request;
(G) Legal description;(H) Certified and sealed survey that reflects all property improvements as of application
submittal, and includes statement of amount of acreage and square footage of land
involved;(l) For all applications that are subject to review criteria by these regulations, an explanation
as to how the application satisfactorily addresses each criterion,(J) Supplemental application information and materials as may be required in the various
articles of this Part 6 for any given type of development application.
(K) The community development director may require a traffic study to supplement a
development application that, if approved, would generate in excess of five hundred (500)
daily trips according to the applicable trip generation rate in the lnstitute of Transportation
Engineers' Trip Generation Manual, most recent edition. The requirement for a traffic
Land Development Code
Sec. 60540. Application fees.
The city commission establishes the amount of each application fee by resolution.
Application fees are due upon filing of the application. ln addition to the application fee, any
additional costs incurred by the city in processing and reviewing the application shall be paid by
the applicant (as provided in article 685).
255 Draft: August 2010
Part 6
Article 605
study shall be based upon the community development director's determination that
additional information is appropriate with regard to any or ali of the following:(1) Potential turning movement conflrcts;(2) Proper functioning of intersections;(3) On-site and off-site circulatjon, including but not limited to. potential conflicts between
vehicle, pedestnan and bicycle circulation; adequacy of stacking spaces;
accessibility of garbage dumpsters to collection vehicles; and, the appropriate
number and spacing of driveways;(4) Analysis of proposed roadway or easement vacations or road closures, whether
permanent or temporary for construction purposes;(5) Off-site roadway impacts, including those within adjacent neighborhoods.(6) The community development darector may waive all or part of the traffic study
requirement upon a finding that sufficient recent data already exists.
City of Oania Beach
Part 6
Article 610 Land Development Code
ARTICLE 610. PUBLIC HEARING NOTICES.
Sec. 6't0-'10. Applicability.
All public hearings required in this code shall be noticed according to this article.
City of Dania Beach 266 Draft: August 2010
Part 6
Article 610
APPLICATION
TYPE
REQU IRED
PUBLIC
H EARINGS
TIMING OF NOTICE
(minimum number of
days prior to public
hearing that notice
must be qiven)
N EWSPAPER
NOTICE
FORMAT
(see sec. 610-30
for requirements)
MAIL NOTICE
RADIUS
SIGN
POSTING
REOUIRED?
OTH ER
NOTICE
Administrative
Appeal City Commission 10 days Standard Ad Within 300 feet No None
Administrative
variance None 10 days prior to
administrative action Not Required No None
Planning and
Zoning Board*10 days Standard Ad Not Required No Posting at City Hall
City Commission
(first reading)10 days Large Ad Not Required No Posting at City Hall
City Commission
(second reading)10 days Large Ad Not Required No Posting at City Hall
Code amendments
to other than Part 1
Planning and
Zoning Board*'10 days Not Required Not Required No Posting at City Hall
City Commission
(first reading)10 days Not Required Not Required No Posting at City Hall
City Commission
(second reading)10 days Standard Ad Not Required No Posting at City Hall
Comprehensive
Plan text
amendments, other
Plann ing and
Zoning Board*10 days Standard Ad Not Required No Posting at City Hall
City Commission
(first reading)10 days Standard Ad Not Required Posting at City Hall
City Commission
(second reading)10 days Standard Ad Posting at City Hall
City of Dania Beach 267 Draft: August 2010
Land Development Code
Sec. 610-20. Table of public notice requirements.
Within 300 feet
Code amendments
to Part 1 (Use
Regulations)
No
Not Required No
Part 6
Article 610 Land Development Code
APPLICATION
TYPE
REQU IRED
PUBLIC
HEARINGS
TII\4ING OF NOTICE
(minimum number of
days prior to public
hearing that notice
must be qiven)
N EWSPAPER
NOTICE
FORMAT
(see sec. 610-30
for requirements)
MAIL NOTICE
RADIUS
OTH ER
NOTICE
Land use map
amendment (small
scale per s
1633187(1Xc) FS)
Plann ing and
Zon ing Board*10 days Standard Ad Within 300 feet Yes Posting at City Hall
City Commission
(adoption)10 days Standard Ad Within 300 feet Yes Posting at City Hall
Land use map
amendment, other
or change to list of
permitted uses in
land use category
Planning and
Zoning Board*10 days Large Ad Within 300 feet for
map amendments
Yes, for map
amendments**Postang at City Hall
City Commission
(first reading)10 days Large Ad Within 300 feet for
map amendments
Yes, for map
amendments**Posting at Caty Hall
City Commission
(second reading)10 days Large Ad Within 300 feet for
map amendments
Yes, for map
amendments**Posting at City Hall
Plat
Planning & Zoning
Board 10 days Standard Ad Not Required No
City Commission 10 days (second
reading only)Standard Ad(3)Within 300 feet(3)No Posting at City Hall
Site Plan Review,
Small-Scale
Director of
Community
Development
review only (no
public hearing)
Within 5 days following
administrative action Not Required Within 300 feet Yes None
Plann ing & Zoning
Board 10 days Within 300 feet Yes Posting at City Hall
Site Plan Review,
Large-Scale City Commission 10 days Standard Ad Within 300 feet Yes Posting at City Hall
Special Exception Planning & Zoning
Board(')
'10 daYs(2)Standard Ad Within 300 feet('?)Yes(2)Posting at City Hall('?)
City of Dania Beach 268 Draft: August 2010
SIGN
POSTING
REQUIRED?
Posting at City Hall
Standard Ad
Part 6
Article 610 Land Development Code
APPLICATION
ryPE
REQUIRED
PUBLIC
HEARINGS
TII\4ING OF NOTICE
(minimum number of
days prior to public
hearing that notice
must be qiven)
N EWSPAPER
NOTICE
FORI\iIAT
(see sec. 610-30
for requirements)
MAIL NOTICE
RADIUS
SIGN
POSTING
REOUIRED?
OTH ER
NOTICE
City Commission 10 days Standard Ad Within 300 feet Yes Posting at City Hall
Rezoning initiated
by the City for fewer
than 10 contiguous
acres
Plann ing and
Zon ing Board.10 days Standard Ad Within 300 feet Yes
10 days for Ad
30 days for mail notice Standard Ad Within 300 feet Yes Posting at City Hall
Rezoning in itiated
by the City for 10 or
more contiguous
acres
Plann ing and
Zoning Board*10 days Standard Ad Within 300 feet Yes*.Posting at City Hall
City Commission
(first reading)10 Days Large Ad Within 300 feet Yes'-Posting at City Hall
City Commissaon
(second reading)10 days Large
Ad Within 300 feet Yes**Posting at City Hall
Rezoning initiated
by the property
owner
Planning and
Zonang Board*10 days No Ad Within 300 feet Yes Posting at City Hall
City Commission
(first reading)'10 days No Ad Not Required Yes Posting at City Hall
City Commission
(second readang)10 days Standard Ad Within 300 feet Yes Posting at City Hall
Temporary use City Commission '10 days Standard Ad Not Required No Posting at City Hall
Vacation of rightof-
way '10 days Standard Ad
Properties fronting
the street segment
proposed for
vacation
Yes Posting at City Hall
City of Dania Beach 269 Oraft: August 2010
City Commission
City Commission
Posting at City Hall
Part 6
Article 610 Land Development Code
APPLICATION
TYPE
REQU IRED
PUBLIC
H EARINGS
TIMING OF NOTICE
(minimum number of
days prior to public
hearing that notice
must be qiven)
N EWSPAPER
NOTICE
FORMAT
(see sec. 610-30
for requirements)
MAIL NOTICE
RADIUS
SIGN
POSTING
REOUIRED?
OTHER
NOTIC E
Variance
Plannino & Zonino
Bo-ard(')10 days(2)Standard Ad(2)Within 300 feet(2)Yes(')Posting at City Hall(2)
City Commission 10 days Standard Ad Within 300 feet Yes Posting at City Hall
Waiver of distance
separation for
establishments
serving liquor
pursuant to sec.
1 10-50(E)
Planning and
Zoning Board 10 days Standard Ad Not Req u ired No Posting at City Hall
City Commission 10 days Standard Ad Not Required No Posting at City Hall
Table notations:
(1) Certain variances and special exceptions may be approved by the planning and zoning board without city commission action, pursuant to
article 625.
(2) This applies only to variances that are decided by the planning and zoning board.
(3) Second reading only.*Acting as the Local Planning Agency (LPA) for code amendments and all amendments to the land use plan map.**Except as provided in sec. 610-30(B)(5) for area-wide amendments.
City of Dania Beach 270 Draft: August 2010
I
Part 6
Article 610 Land Development Code
Sec. 610-30. Detailed notice provisions.(A) Timing of notice. The "timing of notice" column in the above table refers to the minimum
number of calendar days prior to the date of the public hearing, not including the date of
the hearing, that:(1) The newspaper ad must appear in the newspaper;(2) The sign(s) must be posted;(3) Mail notices must be mailed; and(4) Posting at city hall should occur, provided that the minimum posting requirement at
city hall shall be five (5) business days prior to the public hearing, unless this
timeframe is greater as provided by law.(B) Sign notices.(1) Posting requarements. Where sign posting is required by sec. 610-20 (table), above,
the applicant shall be responsible for posting signs, along all street frontages of the
property that is the subject of a public hearing hereunder. The sign shall be posted
betlveen ten (10) and twenty (20) feet from the edge of street pavement in a manner
so as to be visible from the public rights-of-way. The sign shall be at least three (3)
square feet in area, and shall contain substantially the following language:
PUBLIC HEARING NOTICE
Petition number
Date.
Time:
For lnformation Call: [community development department phone number]
(2) The community development director may allow alternate sign posting location(s)
when the sub.iect property has no improved public street frontage.(3) lf multiple lots are the subject of an application for city approval where sign posting is
required, posting of the sign on every lot is not required. The number and location of
sign postings that are sufficient to accomplish the intent of this section shall be
determined by the community development director.(4\ For subject properties having more than five hundred (500) feet of street frontage on
any single street, one (1) additional sign shall be posted for each five hundred (500)
feet or fraction thereof.(5) Sign posting shall not be required for area-wide amendments to the land use plan
map or official zoning map initiated by the city.(6) Despite the city's substantial material and posting standards for public hearing notice
signs, removal, damage or destruction occasionally occurs as a result of vandalism
or wrnd. Therefore, sign posting is considered secondary and supplemental to
newspaper notice of a pending public hearing. Accordingly, any damage, destruction
or removal of signs shall not require that the applicable board or commission defer or
continue a public hearing and/ or decision on an application.(7) Notwithstanding paragraph (6), above, if the owner, applicant or agent is aware that
the sign is destroyed or removed from the property, or damaged beyond full legibility,
the applicant is responsible for obtaining another sign from the city and posting the
sign on the property.(8) The sign shall remain on the property until final disposition of the application. This
shall include any deferral, rehearing, appeals, request for review or hearings by
another body. The sign information shall be changed as needed to reflect the
information to be provided as specified in paragraph (1), above.(9) The applicant shall, ten (10) days prior to the public hearing, execute and submit to
the department an affidavit of proof of the posting of the public notice sign in
City of Dania Beach 271 Draft: August 2010
Part 6
Article 610 Land Development Code
accordance with this section. lf the applicant fails to submit the affidavit, the public
hearing will be postponed until the next public hearing after the affidavit has been
supplied.
(10) All signs shall be removed by the applicant within five (5) days after final disposition
of the application. lf the applicant fails to remove the sign, the city shall have the right
to remove same.(C) Mail Notices.(1) The mail notice radius in table 610-20 shall be measured from the boundanes of the
land that is the subject of the application(2) Mail notice shall be sent U.S. Mail, postage-paid return receipt to:(a) the owne(s) ofthe subject property(ies), as well as the petitione(s); and(b) the persons shown on the current tax rolls of Broward County to be the
respective owners; or(c) in the case of a condominium, notice shall be sent to the board of directors of
the applicable condominium association.(d) Mail notice shall only be required to owners of land located within the city's
boundaries.(3) The mail notice shall contain substantially the same information as provided in the
newspaper advertisement for the same application, and shall also contain the legal
description of the subject property, the approximate relation to the nearest cross
street(s); and a map or demarcated aerial photograph showing its approximate size,
location and relationship to adjacent properties.(4) Mail notice is a courtesy that the city provides to supplement other forms of notice.
Therefore, the mailing of such notices shall constitute service. Non-receipt of mail
notice by any property owner within the required mailing radius for any reason does
not constitute grounds for readvertising or conducting additional public hearings, and
shall not affect any action or proceeding taken.(5) When more than one hearing is required or occurs before any given body, mail
notice shall be required only for the first such hearing, except that one mailing is
required for each city commission public hearing to consider adoption of large-scale
land use plan map amendments.(6) Mail notice shall not be required for any city-initiated amendment to the land use plan
map or official zoning map if the community development director determines that
more than one (1) percent of the number of properties or households, whichever is
less, within the city would be affected by such amendment.
Mail notices which must include a righlto-protest shall advise the addressee of the
right to protest the request in writing within fifteen (15) days of mailing as evidenced
by the postmark.
(D) Newspaper Notices.(1) All required newspaper ads shall be placed in one or more newspapers of general
paid crrculation in Broward County, and of general interest and readership in the
community, not one of limited subject matter. Standard newspaper advertisements
shall contain all information required by law for such advertisements.(2\ Comprehensive plan (text and land use plan map) amendments, code amendments
changing the list of permitted, prohibited and conditional uses of land, and rezonings
initiated by the city, are specifically regulated by Section 166.041, Florida Statutes,
as may be amended from time to time. Pursuant to said Section, such ads shall not
be placed within the legal ad6 advertisement section of the newspaper, shall be two
(2) columns in width by ten (10) inches in length, shall prominently state "NOTICE
OF LAND USE CHANGE' or similar in eighteen (18) point type, and shall include a
location map as applicable.
City of Dania Beach 272 Draft: August 2010
Part 6
Article 610 Land Development Code
City of Dania Beach 273 Draft: August 2010
Part 6
Article 615 Land Development Code
ARTICLE 615, APPEAL OF ADMINISTRATIVE DECISIONS,
Sec. 61 5-10. Applicability.
This article provides the procedure for appealing a decision of an administrative official where it
is alleged that there is an error in any order, requirement, decision or determination in the
enforcement of this code.
Sec. 615-20. Supplemental application requirements.
ln addition to the general application requirements, the applicant person appealing an
administrative decision shall provide the following materials:(A) The decision of the administrative official being appealed;
B The name and position of the administrative official;
c The date of the ruling;
D The provision of this code upon which the decision was based,
E The reason the aggrieved party believes the decision is erroneous and the reason that a
variance or other form of relief is not required instead.(F) lf the appeal is based on an administrative decision for which mail notice was provided to
the aggrieved party, a copy of the mail notice received by the person appealing the
decision.
Sec.
(A)
6'15-30. Administrative appeals procedures.
Any person appealing any decision of an administrative official shall make such appeal in
writing to the community development department within thirty (30) days after rendition of
the order, requirement, decision or determination and submit the appropriate application,
copies, and fee to the community development department.
Staying of work on premises. An appeal to the city commission stays all work on the
premises and all proceedings in furtherance of the action appealed from, unless the official
from whom the appeal was taken certifies to the city commission that, by reason of facts
stated in the certificate, a stay would cause imminent peril to life and property. ln such
case, proceedings or work shall not be stayed except by a restraining order which may be
granted by the city commission or by a court of record on application, on notice to the
officer from whom the appeal is taken and on due cause shown.
Once an application for an administrative appeal is received by the community
development department, the official whose action is being appealed shall prepare a
written statement, or staff report, to the city commission covering the relevant issues
involved and the section and subsections of these regulations governing same.
Public notice shall be made in accordance with Article 610, "Public hearing notices."
(B)
(c)
(D)
Sec. 6'15{0. City commission decision.
The decision of the city commission shall be final unless reversed by a court of record on
appeal. The city commission may reverse or affirm wholly or partly, or may modify the order,
requirement, decision or determination appealed from, and may make such order, requirement,
decision or determination as ought to be made, and to that end shall have all the powers of the
official from whom the appeal is taken. The concurring vote of three (3) members of the city
commission shall be necessary to reverse any order, requirement, decision or determination of
any administrative official or to decide in favor of the applicant upon any matter which it is
required to pass. lf an application does not receive three (3) affirmative votes upon roll call, the
same shall be considered as denied.
City of Dania Beach Draft: August 2010274
Part 6
Article 615 Land Development Code
Sec.
(A)
(B)
615-50. Expiration of appeal relief.
Relief granted pursuant to an appeal shall expire unless:(1) The applicant submits applications for all necessary development permits within
twelve (12) months of city commission approval; and(2) The applicant obtains all necessary development permits (including payment of all
fees) within eighteen (18) months of city commission approval; and(3) All development permits remain valid until the project is complete.
The city commission may grant an extension if the applicant submits the extension request
within thirteen (13) months of the date of city commission decision and the applicant can
demonstrate good cause for the delay. Good cause may include, but shall not be limited
to, delay caused by governmental action or inaction or other factors totally beyond the
control of the applicant.
City of Dania Beach 275 Draft: August 2010
Part 6
Article 620 Land Development Code
ARTICLE 620. ADMINISTRATIVE VARIANCES.
Sec. 620-10. Applicability.
This article authorizes the community development director to approve minor variances listed in
sec. 620-40 without review by the planning and zoning board and the city commission.
Sec. 620-20. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide the following
matenals:(A) A site plan of sufficient detail to clearly identify the administrative variance request.(B) After-the-fact variances to authorize existing improvements shall require an as-built survey
showing the improvements constructed in violation of the code.
Sec.
(A)
(B)
(c)
(D)
(E)
Sec.
(A)
620-30. Administrative variance procedures.
The community development director shall evaluate the application and determine whether
the application satisfies the criteria for the granting of variances in sec. 625-40. lf the
director finds in the negative, the applicant may proceed with a variance application
pursuant to article 625. lf the director finds in the affirmative, the application shall proceed
through the administrative variance process of this section.
Public notice shall be made in accordance with article 610, "public hearing notices." Such
notice shall be provided within five (5) days after the director makes a determination of
completeness.
Any property owner who wishes to protest the administrative variance shall submit a
written protest (by mail, email, hand-delivery, or facsimile) to the community development
department no later than the fifteenth (1sth) day following the date postmarked on the
mailed notice. The fifteen (15) day period shall be referred to as the "protest period." lt is
the responsibility of the protestor to ensure and confirm that the community development
department receives the protest notice within the protest period. The written protest shall
not be valid unless the protestor's name, address, telephone number, and email address
(if available) are included on the written protest.
lf the communrty development department does not receive a valid written protest within
the protest period, the community development director shall approve an administrative
variance provided that it meets the review criteria in this article.
lf the community development department receives a written protest within the protest
period, the protest shall operate to preclude the use of the administrative variance
approval process, unless the originators of the written protests withdraw their objections.
The applicant shall then have the right to file an application for a variance.
620-40. List of authorized administrative variances.
The community development director is authorized to approve the following variances for
single-family homes (and as to two-family homes existing as of the date of adoption of this
article, the provisions of subparagraph (A)(1) below shall also apply), without review by the
planning and zoning board and the city commission:(1) Reduce required yards for a single-family home by a maximum of ten (10) percent,
not to exceed a maximum of a two (2) foot variance.(2) Reduce of the required pervious area by a maximum of ten ('10) percent.(3) !ncrease of the maximum allowable lot coverage by a maximum of ten (10) percent.(4) lncrease in the maximum fence height by a maximum of one (1) foot.(5) Reduce minimum required lot width by a maximum of ten (10) percent.
City of Dania Beach 276 Draft: August 2010
Part 6
Article 620 Land Development Code
(6) Reduce minimum required lot size by a maximum of ten (10) percent, provided the
request is consistent with the maximum permitted residential density within the
applicable zoning district and future land use plan map designation.(B) The community development director is authorized to approve the following variances for
existing commercial, industrial, or office buildings containing fifty thousand (50,000) square
feet or less, without review by the planning and zoning board and city commission:(1) Reduce the minimum number of required off-street parking spaces by a maximum of
ten (10) percent, or two (2) parking spaces, whichever is less.(2) Reduce the required number of landscape materials or width of landscaping buffer or
strip by a maximum of ten (10) percent.(3) lncrease the maximum allowable lot coverage by a maximum of ten (10) percent.(C) The community development director is authorized to approve the following variances for
properties within a designated Hotel Overlay District without review by the planning and
zoning board and city commrssion.(1) Reduce the landscaped portion of required landscaped terminal islands by up to fifty
(50) percent if the non-landscaped fifty (50) percent of the terminal island is
incorporated into a pedestrian access/sidewalk system in order to promote and
encourage pedestrian safety and circulation throughout the site, district or both.
Sec.
(A)
(B)
(c)
620-50. Expiration of administrative variances.
All administrative variance approvals requiring a development permit to effectuate the
approved variance shall expire unless:(1) The applicant submits all necessary applications for development permits within
twelve (12) months following the date of administrative action; and(2) The applicant obtains all necessary development permits (including payment of all
fees) in accordance with the specific plans for which the administrative variance was
granted within eighteen (18) months of the administrative action; and(3) The development permits remain valid until the project is complete and a certificate
of occupancy or its equivalent is issued.
It shall be the responsibility of the property owner to ensure that a variance does not
expire.
The community development director may grant a single six (6) month extension if a
written request is made by the affected party demonstrating progress towards the action
for which the administrative variance was required.
City of Dania Beach 277 Draft: August 2010
Part 6
Article 625 Land Development Code
ARTICLE625. VARIANCES.
Sec. 625-10. Applicability.(A) Variance requests that satisfy the criteria of sec. 625-40 are authorized from the following
regulations and standards.(1) height
2 yards
3 off-street parking and loading
4 landscaping and buffers
separation of uses
6 lot coverage
such other provisions of the code which do not specifically prohibit such requests
(B)The city shall not act upon any variance request that would:(1) Allow a use that is specifically or by inference prohibited in any zoning district
classification, including an increase in the maximum density allowed within the
zoning drstrict;(2) Apply to any provisions for which the code specifically prohibits waiver or
modification.
Sec. 625-20. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide a site plan of
sufficient detail to cleady identify the variance request, and an explanation of how the variance
is in accordance with the criteria of sec. 625-40.
(7
Sec.
(A)
(B)
(c)
(D)
625-30. Variance procedures.
Public notice shall be made in accordance with article 610 "public hearing notices".
All variance applications pertaining to single-family homes and small-scale site plans (see
article 635) shall be decided by the planning and zoning board after review and
recommendation by the community development director. lf a request for a variance is
denied by the planning and zoning board, the applicant may appeal the matter to the city
commission in accordance with article 615.
All other variance applications shall be decided by the city commission after review and
recommendation by the community development director.
Variances are matters which are quasi-judicial in nature as defined by Section 2-1 .3,
Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall
utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The
petitioner shall bear the burden of providing competent substantial evidence that the relief
sought should be granted.
Sec. 625-40. Variance review criteria; city action.(A) The city commission or planning and zoning board, if applicable, shall hold its public
hearing and, after consideration of the staff recommendation and public input, if any, may
deny, approve or approve with conditions the application for variance, based upon its
determination that:(1) Special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district;(2) The special conditions and circumstances do not result from the actions of the
applicant;
City of Dania Beach 278 Draft: August 2010
(B)
(c)
(B)
(c)
(3) Granting the variance requested will not confer on the applicant any special privilege
that is denied by this code to other lands, buildings or structures in this same zoning
district;(4) Literal interpretation of the provisions of this code would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the
terms of this code and would work unnecessary and undue hardship on the
applicant;(5) The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;(6) The variance granted will be in harmony with the general intent and purpose of this
Land Development Code, and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
Nonconforming conditions of neighboring lands, structures or shall not be considered
grounds for the authorization of a variance.
ln granting any variance, the city may prescribe conditions and safeguards intended to
mitigate potential adverse impacts from the variance and to ensure that the intent and
purpose of the code is maintained. Violation of such conditions and safeguards shall be
deemed a violation of this code.
It shall be the responsibility of the property owner to ensure that a variance does not
expire.
The city commission, or planning and zoning board as applicable, may grant an extension
if the applicant submits the extension request within thirteen (13) months of the date of city
commission approval and the applicant can demonstrate good cause for the delay. Good
cause may include, but shall not be limited to, delay caused by governmental action or
inaction or other factors totally beyond the control of the applicant.
Sec. 625-60. Effect of approval or denial.(A) A variance shall run with land once established (i.e., not expired or revoked).(B) Whenever the city commission or planning and zoning board has denied a variance, the
same shall not consider any further substantially equivalent request for variance on any
part of the same property for a period of twelve (12) months from the date of such action
(or date of any final court order upholding denial of the variance), unless this restriction is
waived by a unanimous vote of the members of the city commission or planning and
zoning board, as applicable, present at the time of the vote.
279
Part 6
Article 625 Land Development Code
Sec. 625-50. Expiration of variances.(A) The city commission or planning and zoning board, as applicable, may prescribe a
reasonable time limit within which the action for which the variance is required shall be
begun or completed or both, based on the scale and complexity of the development for
which the variance is requested provided that in the absence of such time limit, a variance
shall expire unless:(1) The applicant submits all applications for development permit includrng construction
drawings (if applicable) within twelve (12) months of City Commission approval, and(2) The applicant obtains all necessary development permits (including payment of all
fees) in accordance with the specific plans for which the variance was granted within
eighteen (18) months of city commission approval; and(3) The development permits remain valid until the project is complete; and(4) The conditions and limrtations of the variance are satisfied.
City of Dania Beach Draft: August 2010
Part 6
Article 626 Land Development Code
ARTICLE 626. ZONING RELIEF PROCEDURES.
Sec. 626-10. lntent and applicability.
ln order to address possible unintended vrolations of federal and state Iaws, subsequent to
implementation of this code or its related rules, policies, and procedures in advance of costly
l:tigation, zoning relief may be granted pursuant to this section.
Sec. 626-20. Application.
A person or entity shall request relief under this section prior to filing a lawsuit, by completing a
zoning reiief request form, which is avaiiable from the city's community development
departmenl. The form shall contain such questions and requests lor information as are
necessary for evaluating the relief requested.
Sec.626-30. Notice.
The City shall display a notice in the city's public notice bulletin board and shall maintain copies
available for review in the community developmeni department and the city clerk's office. The
notice shall advise the public that a request for zoning relief under a federal or state law is
pending. The location, date and time of the applicable public hearing shall be included in the
notice. Notice shall also be provided lo property owners within three hundred (300) iee1, if the
requesl for relief is site specific.
Sec. 626-50. Additional information.
lf necessary, prior to the public hearing, the city may request additional information from the
requesting party, speciiyi.rg in sufficient detail what information is required. ln the event a
request for additional information is made to the requesting party by the city, the seventy-five
(75) day time period to schedule a public hearing shall be extended to ninety (90) days to
include the time necessary to seek and review the additional informatron. The requesting party
shall have fifteen ('15) days after the date the information is requesled lo provide the needed
information. lf the requesling party fails to timely respond with the requested additional
information, the city shall notify the requesting party and proceed with scheduling a public
hearing and issuing its final written determination regarding the relief requested as required in
(3)
Sec. 626-60. Criteria.
ln determining whelher the zoning relief request shall be granted or denied, the applicanl shall
be required to establish:(A) The applicant is a potential claimant under a federal or state law; and
City of Dania Beach 280
Sec. 626.40. Hearing and determination.
The city commission shali have the authority to consider and act on requests for zoning relief
submitted to the community developmenl departmenl. A public hearing shall be held wilhin
seventy five (75) days of receipt by the city of the requesi ior reliel at a regular or special city
commission meeting. During the public hearing, the city commission shall solicit comment and
information from the public and shall decide whether to grant the requested relief. A written
determination shall be issued by resolution no later lhan seven (7) days after the conclusion of
the public hearing. The determination may: (1) grant the relief requested, (2) grant a portion of
the request and deny a portlon of the request, or impose conditions upon the grant of the
requesl, or (3) deny the request. Any determination denying the requested relief shall be final,
in writrng, and shall state the reasons the relief was denied. The final written determination shall
be sent to the requesting party by certified mail, return receipt requested.
Draft: August 2010
Part 6
Article 626 Land Development Code
(B) The applicant believes in good faith that :he city through implementation of its Land
Development Code has intentionally or unintentionally violated federal or slate law for the
reasons stated in the zoning relief request. The law(s) the city has allegedly violated shall
be identified.
Sec. 626-70. Exhaustion required.
Completion of the zoning relief procedures shall be a supplement to and not a substitute for any
other p.e-litigation dispute resolution processes available by law to the c:ty or the applicant.
Completion of the zoning relief procedures shall evidence the exhaustion of all administrative
remedies available irom the City.
Sec. 626-80. Fees.
A fee as deemed appropriate by the city commission shall be imposed as provided by the city
commission by resolution. The fee is intended to defray adm:nislralive costs incurred to review
the requesl. including advertising costs. the city shall have no obligation to pay a request:ng
party's atto.ney fees or costs in connection w'th the request io. zoning relief.
City of Dania Beach 281 Draft: August 2010
Sec. 626-90. Effect while pending.
While an application for zoning relief or appeal of a determination of same is pending before the
city, the city will not enforce the subject zoning ordinance, rules, policies. and procedures
against the property owner, except the city may seek injunctive relief if an imminent threat to the
heaith, safety and welfare of the public is present.
Part 6
Article 630 Land Development Code
ARTICLE 630. SPECIAL EXCEPTION USES.
Sec. 630-10. Purpose.
Special exception uses may be compatible with the other land uses permitted in a zoning district
but, because of their unique characteristics and potential impacts on the surrounding
neighborhood and city as a whole, require individual review of their location, design,
configuration, or operation in order to ensure that the use is appropriate at a particular location.
Sec. 630-20. Applicability.
This article specifies the procedure processing and disposition of applications for special
exception uses as set forth in the schedule of district regulations.
Sec. 630-30. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide the following
matenals:(A) The existing and proposed use ofthe property(B) The existing use, zoning, and land use designations of lands within seven-hundred (700)
feet of the subject property
(C) A site plan meeting the requirements of article 635, "site plans".
(D) Any other information as may be required for a determination of the nature of the proposed
use and its consistency with the criteria for the approval of a special exception use.
Sec.
(A)
(B)
630-40. Special exception use procedures.
Public notice shall be made in accordance with article 610, "public hearing notices".
Special exception uses and their related accessory uses including enlargement or
modifications of an existing special exception use shall be decided as follows:(1) The planning and zoning board shall decide all applications for special exception that
pertain to, and are processed concurrently with, small-scale site plans.(2) The city commission shall decide all other applications for special exception.
Special exception uses are matters that are quasi-judicial in nature as defined by Section
2-1.3: Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature
shall utilize the quasi-judicial hearing procedures set forth in the Code of Ordrnances. The
petitioner shall bear the burden of providing competent substantial evidence that the special
exception use should be granted.
(c)
Sec. 630-50. Special exception use review standards; application disposition.
(A) The planning and zoning board or city commission, as applicable, shall review the
application to determine whether the special exception use complies with the following
standards:(1) That the use is permitted as a special exception use as set fo(h in the use
regulations of Part 1 of this code.(2) That the use will not cause a detrimental impact to the value of existing contiguous
uses, uses in the general area, and to the zoning district where it is to be located.(3) That the use will be compatible with the existing uses on contiguous property, with
uses in the general area and zoning district where the use is to be located and
compatible with the general character of the area, considering population density,
design, scale and orientation of structures to the area, property values and existrng
similar uses or zoning.(4) That adequate landscaping and screening are provided to buffer adjacent uses from
potential incompatibilities.
City of Dania Beach 282 Draft: August 20'10
Part 5
Article 630 Land Development Code
(5) That adequate parking and loading is provided, and rngress and egress is so
designed as to cause minimum interference with traffic on abutting streets.(6) That the use will not have a detrimental environmental impact upon contiguous
properties and upon properties located in the general area or an environmental
impact inconsistent with the health, safety and welfare of the community.(7) That the use will not have a detrimental effect on vehicular or pedestrian traffic, or
parking conditions, and will not result in the generation or creation of traffic
inconsistent with the health, safety and welfare of the community.(8) That the use will not utilize turning movements in relation to its access to public
roads or intersections, or its location in relation to other structures or proposed
structures on or near the site that would be hazardous or a nuisance.(9) That the use will not have a detrimental effect on the future development of
contiguous properties or the general area, according to the comprehensive plan.
(10) That the use will not result in the creation of incompatible noise, lights, vibrations,
fumes, odors, dust or physical activities, taking into account existing uses, uses
located on contiguous prope(ies, uses in the general area and the zoning in the
vicinity due to its nature, duration, direction or character.
(11) That the use will not overburden existing public services and facilities.
(B) The city commission or planning and zoning board, as applicable, may deny, approve, or
approve the application with conditions. ln issuing its decision to grant a special
exception, the city may place more restrictive requirements and conditions on applicants
than are provided in the code when the conditions are based upon site considerations and
its use, and the potentially resulting impacts upon the surrounding area or zoning district
where the subject property is located.
Sec. 630-60. Modification of special exceptions.(A) lf the applicant wishes to amend a special exception use approval, the proposed
amendment shall be processed and reviewed in accordance with the procedures set forth
in this article for new special exception uses.
Sec.
(A)
(B)
(c)
630-70. Expiration of special exceptions.
All special exception approvals shall expire unless:(1) The applicant submits all development permit applications and construction drawings
(if applicable) that are necessary establish the special exception use within twelve
(12) months of city commission approval, and(2) The applicant obtains a all necessary development permits (including payment of all
fees) within eighteen (18) months of city commission approval; and(3) All development permits remain valid until the project is complete.
It shall be the responsibility of the property owner to ensure that a special exception approval
does not expire.
The city commission or planning and zoning board, as applicable, may grant an extension
if the applicant submits the extension request within thirteen (13) months of the date of city
approval and the applicant can demonstrate good cause for the delay. Good cause may
include, but shall not be limited to, delay caused by governmental action or inaction or
other factors beyond the control of the applicant.
283 Draft: August 2010
Sec. 630-80. Effect of approval or denial.(A) The use for which a special exception has been granted by the city shall not be
commenced by the owner, his or her agent or lessee until such time as the decision is
deemed to be final (i.e., all appeal times have expired) and all of the improvements
City of Dania Beach
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Article 630
(B)
(c)
(D)
Land Development Code
stipulated in the grant of special exception necessary for the orderly use of the property
have been accomplished.
Approval of a special exception use shall run with the property once established (i.e., not
expired or revoked) unless otheMise stipulated as a condition of approval.
Upon denial of an application for special exception, there shall be a two (2) year waiting
period before any applrcant may submit an application for the same or substantially similar
application and for the same property as that which was initially denied.
Whenever the city has taken action to approve a special exception use, the city shall not
consider any application to modify the conditions of approval for a period of twelve (12)
months from the date of such action, unless the planning and zoning board or city
commission, as applicable, waives the time period in order to prevent injustice.
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Article 635 Land Development Code
ARTICLE 635. SITE PLANS.
Sec.635-10. Purpose.
This article specifies procedures for processing and disposition of site plan applications
Sec. 635-20. Applicability.(A) Site plan required. Approval of a site plan is required prior to the commencement of any
development in any zoning district of the city, including but not limited to grading;
excavating; dredging; filling; installation of roads and utilities incidental to vertical
constructron; interior building alterations that increase the number of residential units,
business/tenant spaces, or otherwise increase the parking requirement under article 265;
prior to issuance of any building permit, and whenever required by other provisions of this
code.
(B)Small-scale site plan. A site plan shall be processed under the small-scale site plan
procedure if the site plan complies with the following limitations:(1) A net land area of one (1) acre or less; and
2 Fewer than fifty (50) dwelling units; or
Fewer than twenty thousand (20,000) square feet of nonresidential use; and
Does not include both residential and nonresidential uses; and
Does not include a request for assignmenuallocation of residential dwelling units or
nonresidential acreage under the flexibility provisions of the Broward County Land
Use Plan.
3
4
(C) Large-scale site plan. All site plans that do not qualify for small-scale site plan review and
approval shall be processed under the large-scale site plan procedure.
Sec. 635-30. Exclusions.
The following construction shall be exempt from stte plan review:(A) Construction of, and additions to, one (1) single-family dwelling on a lot fronting an
existing, paved street.(B) Nonresidential additions that do not exceed one-thousand (1,000) square feet in area and
that do not require the addition of parking or loading spaces on site in order to satisfy the
requirements for same in article 265 [off-street parking and loading].(C) lnterior renovations to a nonresidential building, or portion of such building, provided that
the renovation does not require the addition of parking or loading spaces on site in order to
satisfy the requirements for same in article 265.(D) Construction of bus stop shelters.(E) Reduction in size of a structure.(F) Demolition of a structure.(G) Waterbody maintenance activaties.(H) Road maintenance activities, which require issuance of an engineering permit.
Sec. 635-40. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide the following
materials in the quantity specified on the applicatton form:(A) Boundary survey and topographic survey signed and sealed by a professional surveyor
and mapper registered in the State of Florida, with elevations provided on a one hundred
('100) foot grid, including natural features and improvements and their current use, top of
bank and edge of water for all water bodies and water courses, the location of utility lines
within and adjacent to the site, adjacent and internal rights-of-way width and dedication
(
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Article 635 Land Development Code
information, pavement location and width, and all easements and reservations of record.lf there are existing improvements on the property, they shall be depicted and
dimensioned.(B) Tree survey.(C) The recorded plat and any agreements modifying the plat (example. amendment to the
restrictive note or non-vehicular access line (NVAL), if the property has been platted.
(D) Draft of any required or proposed restrictive covenants, written sureties, and common area
maintenance assoc,ation documents, including those for the preservation of common open
space areas; grants of easement for access, drainage, utilities or other purpose, or other
restrictions to be imposed upon the use of the land and buildings.(E) Site plans, including all information required in sec 635-50, below, folded and bound
together in separate plan sets with a cover sheet indicating plan sheet numbers. The
overall size of plans shall be twenty-four (24) inches by thirty-six (36) inches drawn at a
scale no smaller than one (1) inch equals twenty (20) feet, except when a smaller scale is
approved by the community development director. All plans shall be prepared by
professional surveyors and mappers, engineers, architects, landscape architects, or other
appropriate professionals as determined by Florida Law, who are licensed and registered
in the State of Florida.
Sec.635-50. Site plan data requirements.
All site plans shall contain the following and any other information necessary to demonstrate
compliance with all requirements of the code. The community development director may waive
particular submittal items upon a determinatron that such items are not applicable or not
essential to a specific project.(A) The proposed title of the project and the name of the professionals who prepared each
plan, including engineer, architect, landscape architect and the developer;
B The north arrow, scale and date
Existing zoning of the subject site and adjacent properties
D Proposed changes in zoning to the applicant property, if any
E Ad.jacent land uses and buildings within two hundred (200) feet of the property, including
use and number of floors, dimensioned to property line of subject site
(F) Legal description and net acreage(G) Location sketch of subject property in relation to surrounding area
(H) Site boundaries clearly identified, dimensioned, and tied to section corners(l) Locations and dimensions of all existing and proposed rights-of-way and dedications,
including ultimate righlof-way lines (if applicable), easements, property lines, streets,
buildings, watercourses and water bodies, pedestrian areas, and other existing physical
features in or adjoining the project, and their disposition (example. to be retained,
demolished, modified, etc.)(J) The location and dimensions of proposed setback lines(K) The location and dimensions of proposed reservations for parks, playgrounds, open
spaces and other common areas(L) The location, dimensions, bearings, and curve data of proposed streets, alleys and
driveways
(M) The location, dimensions and character of construction of proposed curb cuts, entrances
and exits, parking and loading areas (including number of parking spaces and loading
spaces), pedestrian use areas, and vehicular use areas;
(N) Photometric plan
(O) Location and dimensions of all proposed buildings, excavations, and structures to lot lines
and to each other
(-
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Conceptual preliminary drainage and grading plans and statement of proposed drainage
systems and methods
Typical trash and garbage disposal and recycling system, including typical enclosure
details and the location of each
Separate landscape plan prepared in accordance with article 275, "Landscaping
Requirements".
Location, character, size, height and orientation of proposed signs, including building
signage details shown on plan elevations and method of illumination
All existing and proposed pedestrian walkways and bicycle paths
Existing and proposed public transit routes, bus shelter locations and easements for such
shelters, and proposed layout of rights-of-way, if necessary
Proposed building floor plans and architectural elevations of all sides of all buildings and
structures, including building height and finished floor elevations
Type and location of mail receptacles
Conceptual utilities plan, including all underground and above-ground improvements
The following computations.(1) Total gross and net acreage(2) Proposed net and gross density, and number of dwelling units for site plans with
residential components(3) Total existing and proposed square footage of buildings and breakdowns by floor,
use type, bay or tenant space, and dwelling unit, including required and provided
minimum floor areas
4 Area devoted to vehicular use areas (roadways, aisles, parking)
Gross project area allocated for common open space
(r)
(u)
(v)
(P)
(o)
(R)
(s)
W)
(x)
(Y)
(z)
(AA)
(BB)
5
6
7
Lot coverage by roofed structures
Pervious and impervious surface area, also expressed as a percentage of the site
atea(8) Number of required and provided parking spaces including handicap-accessible,
compact and any spaces devoted to attendant parking if permitted(9) Minimum lot area, width and depth required and provided
(10) Minimum yard setbacks or specific buildto lines required and provided
(1 1) Maximum and minimum (if applicable) required and proposed building height
(12) Minimum floor area required
(13) Adjacent zoning and existing land uses
Traffic circulation and pavement marking plan (may be shown on site plan sheets)
Phasing plan, if applicable, with beginning and ending dates of construction of the entire
project and beginning and ending dates for all phases of the project
For properties under consideration for rezoning to PRD-1, a document detailing
development standards and critena (i.e., building height, setbacks, density, lot area,
landscaping, parking, open space, lot coverage, sign regulations, etc.)
Color site plan elevations and renderings for meeting presentation purposes
lf necessary, written authorization to reproduce any documents accompanying site plan
submittals from the applicant, agent, architect, landscape architect, engineer, attorney, etc.
(cc)
(DD)
Sec. 635-60. Standards for review of site plans.
The site plan shall demonstrate conformance to all applicable provisions of this code
Sec. 635-70. Site plan processing.(A) The community development department shall review the site plan application and all
support documents for completeness. The department shall notify the applicant of any
deficiencies in the application or support documents and specify what additional
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(B)
(c)
(D)
(E)
(F)
(G)
Sec.
(A)
(B)
Land Oevelopment Code
requirements are to be met. Once the department has determined that the application and
support documents are complete, the application and support documents shall be
distributed for staff review.
For purposes of expediting the review process, city staff shall simultaneously review site
plans for concurrency management and compliance with city codes, rules and regulations.
Small-scale site plans.
(1) Upon receipt of a complete application, the community development director
shall approve or deny an application classified as a small-scale site plan under
sec. 635-20 unless the small-scale site plan is accompanied by applications for
variance, or special exception.
(2) lf the small-scale site plan is accompanied by applications for variance or special
exception, the director shall schedule the application for the next available
planning and zoning board hearing.
(3) Within five (5) days of his or her administrative approval or denial of the small-
scale site plan, the director shall provide mail notice of the decision pursuant to
sec. 610-20. The notice shall advise the recipient of the right to appeal the
decision pursuant to article 615, and the procedures and time limits for filing such
appeal.
Large-scale site plans. Once the applicant has submitted all corrections required by the
staff review, the community development director will schedule the application for the next
available city commissaon public hearing.
The director, planning and zoning board or city commission, as applicable, shall approve,
approve with conditions or deny the proposed site plan based upon the standards for
review contained in this code. All decisions of the planning and zoning board and city
commission shall be made following a public hearing that is noticed pursuant to article
610, and after considering public input and the staff findings.
Decisions of the director and planning and zoning board may be appealed to the city
commission pursuant to the procedures of article 615.
Site plan applications decided by the planning and zoning board and city commission are
matters that are quasi-judicial in nature as defined by Section 2-1.3. Quasi-iudicial
proceedings. All matters which are defined as quasi-judicial in nature shall utilize the
quasi-judicial hearing procedures set forth in the code. The petitioner shall bear the burden
of providing competent substantial evidence that the site plan should be granted.
535-80. Site plan modifications or deviations.
Any changes or deviations of approved site plans must be reviewed and approved under
the same procedures that apply to new site plans, except as follows for non-material
modifications which meet the criteria of this section. The community development director
shall consider whether a modification satisfies the criteria below and is a non-material
modification. The director shall have the discretionary authority to require the review and
approval of the planning and zoning board (for small-scale site plans) or city commission
(for large-scale site plans), as applicable, whether non-material or material.
A modification to a large-scale site plan approved by the city commission, or a modification
to a small-scale site plan that was approved by the planning and zoning board shall be
considered to be non-material, and may be administratively approved, if the change:(1) Does not require a variance;(2) Does not violate any condition of site plan approval;(3) Does not change any verbal commrtment or representation from the applicant, agent
or owner made at the public heanng or in the application upon which approval may
have been based;(4) Does not change the type, size or distribution of uses on the site plan;
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Article 635 Land Development Code
635-100. Expiration of site plans; procedure for extension.
All site plan approvals shall automatically expire and become null and void unless the
applicant files a complete building permit application with construction drawings for all
improvements shown on the site plan within twelve (12) months from the date of site plan
approval, obtains a building permit (including payment of all fees) for all such
improvements within eighteen (18) months of such approval, and the permrts remain valid
until a certificate of occupancy or its equivalent is issued for the improvements.
The director, planning and zoning board or city commission which originally approved the
site plan, as applicable. may grant an extension of twelve (12) additional months if the
applicant submits the extension request within thirteen ('13) months of the date of city site
(5) Consists of relocation or substitution of landscaping materials as deemed necessary
due to availability or site conditions, excluding the relocation or substitution of
perimeter landscaping materials for nonresidential or mixed nonresidential and
residential developments abutting residentially zoned lots;(6) Consists of a change to one or more building or setback dimensions shown on the
plan, and the modification does not exceed five (5) percent of the dimension,
excluding any perimeter setback abutting residentially zoned property;(7) lncreases building area, floor area ratio or lot coverage, by no more than two (2)
percent, not to exceed a total increase of two hundred (200) square feet of floor area;(8) Relocates an access driveway by not more than twenty (25) feet, and not within (50)
feet of a residentially zoned property;(9) lncreases the height of a building by no more than five (5) feet;
(10) Changes or adds a model dwelling unit having building colors, landscaping, and
architectural features similar to other models which were approved; and
(1 '1) Changes lot configurations in a residential development wlthout:(a) lncreasing the total number of lots shown on the approved plan;
(b) Reducing the square footage of any lot by more than two (2) percent or five
hundred (500) square feet, whichever is less;(c) Decreasing the overall open space on the approved plan; or(d) Substantially decreasing the value of or character of any improvement or
amenity.(C) The process for modifying an approved site plan is the same as for a new site plan
application, except that the director may approve or deny modifications that meet the
above criteria for minor modifications pursuant to subsec. (B). The director's
determination with regard to a minor site plan modification may be appealed to the city
commission in accordance with article 615, "Appeal of administrative decisions.".
Sec. 635-90. Effect of approval.(A) Approval of a site plan authorizes application for engineering and building permits,
provided that:(1) All conditions of site plan approval must be satisfied prior to issuance of a building
permit unless the conditions do not apply to building permit issuance;(2) lf the property is being platted, no building permit shall be issued until the plat is
recorded, unless the Broward County Board of County Commissioners authorizes,
by written agreement, issuance of a permit prior to plat recordation subject to
withholding of a certificate of occupancy until the plat is recorded, as provided in sec.
5-187(c) of the Broward County Code of Ordinances; and(3) Site grading, dredging and filling, and infrastructure construction incidental to new
construction shall not require a recorded plat, provided the plat has been approved
by the Broward County Commission.
Sec.
(A)
(B)
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Article 635 Land Oevelopment Code
plan approval and the applicant can demonstrate good cause for the delay. Good cause
may include, but shall not be limited to, delay caused by governmental action or inaction or
other factors totally beyond the control of the applicant. Any request for extension of site
plan approval before its expiration date will be treated and processed as a site plan
modification.(C) The director, planning and zoning board or city commission, as applicable, may approve a
phasing agreement for buildout of a site plan that includes multiple structures. The
phasing agreement may be approved at any time prior to expiration of the site plan. A
phasing agreement shall not allow more than three (3) years for the developer to obtain
building permits for all improvements shown on the site plan, unless the terms of phased
buildout are made part of a binding developer agreement between the city and the
developer. Approval of such a developer agreement with phasing provisions shall require
a specific finding that the there is an overriding public interest in allowing the buildout of
the site plan to be phased.
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Article 640 Land Development Code
ARTICLE 640. PLATS.
Sec. 640-1 0. Applicability.
No principal building may be constructed on any lot unless a plat including the lot has been
approved by both the city commission and county commission, and recorded in the official
records of Broward County subsequent to June 4, 1953. This article will not apply to an
application for a building permit which meets any of the following criteria:(A) Construction of two (2) or fewer residential dwelling units. Applications for two (2) or fewer
residential dwelling units on property under the same ownership, within five hundred (500)
feet of property exempted within the past twelve (12) months, shall not be exempt (nolel
this exception shall be superseded by the platting provisions of the comprehensive plan
until such time as the comprehensive plan is amended to provide for this exemption); or
(B) Construction of a multi-family or non-residential principal building on a lot or parcel less
than five (5) acres in size, which lot or parcel has been specifically delineated on a plat
recorded on or before June 4, 1953, provided that any land within the lot or parcel which is
necessary to comply with the Broward County Trafficways Plan and the city's minimum
road right-of-way criteria has been conveyed to the public by deed or grant of easement,
as required by the city engineer; or(C) A building permit may be issued for a parcel of land for which a plat approval has been
given by the Broward County Board of County Commissioners although the plat has not
yet been recorded, provided such authorization is granted in an agreement among the
developer, the city and the county. Such agreement shall at a minimum require
compliance with the applicable provisions of plat approval and shall prohibit the issuance
of a certificate of occupancy until the plat is recorded. The city and county shall be
required to make a finding that facilities and services will be available at the adopted level
of service standards concurrent with the issuance of the building permit; or
(D) A building permit may be issued for an essential governmental facility after preliminary plat
review where the Broward County Board of County Commissioners finds the immediate
construction of the governmental facility is essential to the health, safety or welfare of the
public and where the board of county commissioners determines that public facilities and
services will be available at the adopted level of service standards concurrent with the
impact of the development of the governmental facility. Such a finding shall be made by
agreement with the city. A certificate of occupancy shall not be issued until the plat is
recorded.
City of Dania Beach 291 Draft: August 2010
Sec. 640-20. Supplemental application requirements.
ln addition to the general application requirements in article 605, the applicant shall provide the
following materials:(A) The applicant shall submit proof of plat submittal to the Broward County Development
Management Division for concurrent processing.
(B) The proposed plat, containing all of the data requirements in sec. 640-30, and in the
quantity specified on the application form.(C) A conceptual access plan, drawn at a standard engineering scale no smaller than 1" =
100', except when a smaller scale is approved by the community development director.
The conceptual access plan shall inciude:(1) The location of the centerline, with dimensions from known land ties, such as section
lines or centerlrnes of right-of-way, of all proposed access locations on all public
rights-of-way abutting the plat.
{2) The number and direction of lanes proposed for each driveway or roadway access
location.
(D)
(E)
(F)
Land Development Code
(3) The proposed minimum distance from the ultimate righlof-way line from the adjacent
roadway to the outer edge of any interior service drive or parking space with direct
access to the driveway in the access location.(4) The proposed minimum distance from the ultimate right-of-way line from the adjacent
roadway to any proposed gate location.
A current survey (no older than six (6) months) which shows the following:(1) The location of all existing structures, paved areas and easements on the property.(2) Existing roadway details adjacent to the property including rights-of-way, pavement
widths, sidewalks, driveways (curb cuts), curb and gutter, turn lanes, bus bay,
medians, median openings, traffic signals and signal equipment, street lights, pull
boxes, utility poles and utility equipment, drainage structures, and fire hydrants.
An application for plat approval which abuts a Trafficway which is functionally classified as
a State Road and which proposes direct vehicle access to the State Road, shall also be
accompanied by a valid Pre-Application approval letter from the Florida Department of
Transportation issued pursuant to the "State Highway System Access Management
Classification System and Standards," as amended.
Master sheet required. Where a plat proposes development in phases, or where the
graphical portion of plat covers multiple sheets, a master plat sheet shall be submitted
covering all proposed phases/land area.
Location of off-site water and sewer lines, proposed connection location, and route the
lines will take.
lmprovements Plan. Any proposed improvements to be constructed in connection with the
plat shall be described rn an improvements plan as set forth in sec. 640-90.
Tax Receipts. All plat submittals shall include tax receipts for all parcels included in the
subdivision together with a notarized statement that no lien or liens are imposed on
properties included in the plat.
Deed Restrictions. Any existing or proposed deed restrictions for properties included in the
plat must accompany the plat application.
(G)
(H)
(t)
(J)
Sec. 640-30. Plat drawing and data requirements.(A) The plat drawing shall be printed on 24" x 36" paper.
(B) The plat shall be drawn at a standard engineering scale no smaller than '1" = 100' except
when a smaller scale is approved by the Broward County Highway Construction and
Engineering Division, Plat Section.(C) The plat shall contain the following:(1) Proposed subdivision name or identifying title. Such name shall not be the same or
in any way so similar to any name appearing on any recorded plat in Broward County
as would confuse the records or mislead the public as to the identity of the
subdivision, except when an existing subdivision is subdivided as an additional unit
or section by the same developer or his successors in title.(2) A plat location sketch showing the plat in relation to a nearby intersection of two
arterial, collector or other well-established existing roadways.(3) North arrow, scale and date.(4) Lots and blocks of adjacent recorded plats, giving plat book and page number along
with names of such plats.(5) All existing streets and alleys on or adjacent to the tract, including name and rightof-
way width.(6) The legal description of the property being platted.(7) All existing easements and rights-of-way within the plat limits with the purpose and
the instrument of record labeled.
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(8) Location and width of all proposed ultimate rights-of-way, alleys, easements;
proposed lot lines with dimensions, public areas, and parcels of land proposed or
reserved for public use.(9) A signature block for the planning and zoning board chairperson, mayor, and
community development department, providing spaces for the date of approval,
signature, attestation by the city clerk adjacent to the mayor's signature block, and a
space forthe city seal to be set upon the plat linen. Language preceding the mayor's
signature on the plat drawing shall state that the city agrees not to issue building
permits for the construction, expansion, or conversion of a building within the plat
until such time as the developer provides the city with written confirmation from
Broward County that all applicable impact fees have been paid or are not due.
(10) The land encompassed by the legal description shown on the plat shall be clearly
identified with a heavy line, and shall show dimensions, and either bearings or
interior angles of said parcel with independent ties to two (2) or more land corners, or
independent ties to a recorded subdivision, and one (1) land corner. When a case
arises where it is impractical to tie to a land corner because of lost or destroyed
monuments, and the parcel can be adequately surveyed independent of said land
corners, then the following points will be considered acceptable as land ties: block
corners, permanent reference monuments, or permanent control points from a
previously recorded plat. The use of these types of land ties shall be subject to
approval by the County Surveyor.
(11) Notes or legend, and any tabular data or other data pertinent to the plat, on each
page that contains the drawing.
(12) Dedication and acknowledgment language.
(13) Mortgagee approval and acknowledgment language.
(14) All plat dimensions shall be shown accurate to one-hundredths of a foot, except for
riparian boundaries, which may be shown as approximate with a witness line
showing complete dimension data. Rows of lots with the same dimensions may use
ditto marks providing the frrst and last lots in the row are appropriately dimensioned.
(15) Computation of the square footage of each parcel of land and the acreage of the
land proposed to be platted accurate to the nearest square foot. All survey and
survey information shall be certified by a professional surveyor and mapper licensed
in the State of Florida.
(16) The Surveyor's Certificate shall state conformity with.(a) F S. ch. 177.(b) National Geodetic Vertical Datum (NGVD) and National Ocean Survey Third
Order Control Standards.(c) Applicable sections of Chapter 21 HH-6, Florida Administrative Code.
640-40. Plat processing.
Any person seeking plat approval must submit the appropriate application, copies, and fee
to the community development department.
The community development director shall coordinate staff review of the plat, and
issuance of review findings to the applicant. When the community development director
determines that the plat application satisfies all requirements of this article, the director
shall schedule the plat for the next available planning and zoning board meeting.
Public notice shall be made in accordance with article 61 0.
Plats shall be reviewed by the planning and zoning board for conformity with the this
article. The planning and zoning board shall make a recommendatton to the city
commission, which shall review the plat for final disposition and approval of street names
for all new streets within the plat.
Sec.
(A)
(B)
(c)
(D)
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Article 640 Land Development Code
(E) Plat applications are matters that are quasi-judicial in nature as defined by section 2-1 .3:
Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature shall
utilize the quasi-judicial hearing procedures set forth in the code. The petitioner shall bear
the burden of providing competent substantial evidence that the plat should be granted.
Sec. 640-50. Plat review criteria; city commission action.(A) Every plat shall comply with all requirements of this code. The city commission may
approve, approve with conditions, or deny a plat application based upon its findings
relative to the review criteria. City commission action shall be by ordinance as required by
the charter.
Sec. 640-60. Effect of approval.
City commission plat approval signifies that the plat satisfies all city requirements for plats, and
that the city accepts any right-of-way and easement dedications shown on the plat. The plat
does not become effective until it is recorded after approval by the county commission. City
commission plat approval does not authorize construction, but is a prerequisite to a site plan
approval becoming effective, and to issuance of building permits.
Sec.
(A)
(B)
(c)
640-70. Amendment of plat.
Subsequent to city commission approval of a plat, the plat may be amended following the
same process that applies to new plats in this article, except for the following amendments
that may be approved administratively.(1) Adjustment of lot boundaries within the approved limits of the plat, provided the
overall lot pattern and location of streets does not change.(2) lncreases of up to fifteen (15) percent of the proposed number of square feet of use
listed in the restrictive note on a plat.(3) lncreases in excess of fifteen (15) percent of the proposed number of square feet of
use listed in the restrictive note on a plat, if there is a corresponding reduction (in
terms of trip generation) in the number of square feet proposed for another
nonresidential use withrn the plat.(4) Redistribution of dwelling units or nonresidential building area within a plat that
consists of multiple parcels.(5) Amendment of the non-vehicular access line location or length.
The application submittal requirements for administrative approval of a plat amendment
shall include the general application requirements of article 605, and any supplemental
materials required on the city application form.
The director may require city commission approval of any plat amendment for which
administrative approval is authorized.
Sec. 640-80. Plat expiration.
Plat expiration shall be governed by the plat expiration provisions of the Broward County Land
Development Code. City plat approval shall be deemed to have expired when the plat has
expired under the Broward County Land Development Code.
Sec. 540-90. lmprovement plans.(A) Contents of an improvements plan. The improvements plan associated with a plat
application shall include information on the type and material of proposed improvements
and the cost and schedule to construct said improvements. Part 4 of this code establishes
the improvements and facilities that are required when subdividing and developing.(B) Modification of improvements plan. lf at any time before or during the construction of the
required improvements it is demonstrated to the satisfaction of the city engineer that
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Article 640 Land Development Code
unforeseen conditions make it necessary or preferable to modify the location or design of
such required improvements, the city's engineer may, upon approval by the city manager,
require modifications provided these modifications are within the spirit and intent of the city
commission's approval and do not extend to the waiver or substantial alteration of the
function of any improvements required by the city. The city engineer shall issue any
authorization under this section in writing, sending a copy to the community development
director.(C) Guarantee of improvements. Prior to city commission approval, the developer shall post a
surety bond or other acceptable security pursuant to the requirements of article 420,
"approval, guarantee and construction of off-site improvements". The city shall also have
the discretion of conditioning the construction of the improvements upon issuance of a
building permit or certificate of occupancy.
City of Dania Beach 295 Draft: August 2010
Part 6
Article 645 Land Development Code
ARTICLE 645. REZONING.
Sec. 645-'10. Applicability.
This article specifies the process for changing the zoning map destgnation of a land in the city
The application and fee requirements of this article shall not apply to city-initiated rezonings.
Sec. 645-20. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide an explanation of
how the rezoning is in accordance with the review criteria of sec 645-40.
Sec.
(A)
(B)
(c)
(D)
(E)
(F)
(G)
(H)
645-30. Rezoning process.
The community development director shall review the application and prepare a report.
Public notice shall be made in accordance with article 610.
All rezonings shall be heard by the planning and zoning board acting as the local planning
agency, which shall make a recommendation to the city commission.
The city commission shall consider the application, the staff findings, the recommendation
of the planning and zoning board, and the information presented during the public hearing.
The city commission may approve or deny the application for rezoning based upon the
review criteria of sec. 645-40.
All rezoning applications shall be processed as ordinances of the city.
A rezoning shall take effect at the time provided in the ordinance approving the rezoning.
Rezoning applications are matters that the city attorney may determine to be, based upon
the circumstances, quasi-judicial in nature as defined by Section 2-1 .3: Quasi-judicial
proceedings. All matters whrch are defined as quasi-judicial in nature shall utilize the
quasi-judicial hearing procedures set forth in the Code of Ordinances. The petitioner shall
bear the burden of providing competent substantial evidence that the rezoning should be
granted.
Sec. 645-40. Review criteria; city commission action.(A) An application for a rezoning shall be reviewed in accordance with the following criteria:(1) The request is consistent with the city's comprehensive plan; and(2) The request is consistent with all applicable redevelopment plans, corridor plans,
neighborhood plans, and master plans approved by the city commission; and(3) The request would not give privileges not generally extended to srmilarly srtuated
property in the area, or result in an isolated district unrelated to adjacent or nearby
districts; anda. The request furthers the city's adopted Community Redevelopment Plan, if
applicable; or
b. An error or ambiguity must be corrected; orc. That there exists changed or changing conditions which make approval of the
request appropriate; or
d. That substantial reasons exist why the property cannot be used in accordance
with the existing zoning; ore. That the rezoning is appropriate for the orderly development of the city and is
compatible with existing (conforming) adjacent land uses, and planned adjacent
land uses.(B) The city commission shall decide on the application by:(1) Approving the application by ordinance; or(2) Approving by ordinance a modified version of the amendment that may be less
restrictive than the current zoning district but more restrictive than the district
requested in the application.
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Article 645 Land Development Code
(3) Approving the application by ordinance subject to stipulations volunteered from the
applicant that restrict the uses or standards to which the property can be developed
under the requested zoning.(4) Deny the amendment.
Sec. 645-50. Withdrawal of a rezoning application.
An applicant may wthdraw an application for rezoning at any time prior to a final vote by the city
commission on the application. lf two (2) applications for rezoning of the same land are
withdrawn by the same applicant within one (1) year, no other application to rezone the tract of
land shall be considered by the city for at least one (1) year after the date of withdrawal of the
second application.
Sec. 645-60. New application after denial.
No application for a rezoning that has been previously denied by the city commission shall be
accepted forat least one (1) year afterthe date of denial. This prohibition shall not apply to an
application for a zoning designation that is different than the designation that was previously
applied for and denied.
Gity of Dania Beach 297 Draft: August 20'10
Part 6
Article 650 Land Development Code
ARTICLE 650. LAND USE PLAN AMENDMENT.
Sec. 650-10. Purpose.
This article specifies the process of changing the future land use map designation of a parcel(s)
of land in the city or making changes to the text of the future land use element of the adopted
comprehensive plan (land use plan). The application and fee requirements shall not apply to
city-initiated amendments.
Sec. 650-20. Supplemental application requirements.
ln addition to the general application requirements, the application shall include an analysis of
the potential impacts of the amendment on public services and facilities, and an analysis as to
how the application is consistent with the governing policies of the comprehensive plan, as
required by Chapter 163, Part ll of Florida Statutes. The applicant shall utilize the application
form contained in the most recently adopted version of the Administrative Rules Document of
the Broward County Land Use Plan, Exhibit "B" of Appendix 3, " Broward County Planning
Council Plan Amendment Requirements And Procedures."
Sec.
(A)
(B)
(c)
(D)
(E)
650-30. Land use plan amendment process.
The community development director shall prepare a report after reviewing the application.
Public notice shall be made in accordance with article 610.
The land use plan amendment shall be heard by the planning and zoning board acting as
the local planning agency, which shall make a recommendation to the city commission
after considering the application, staff findings and information presented at the public
hearing.
The city commission shall conduct a public hearing and shall decide on the application
after considenng the application, staff findings, and information presented at the public
hearing.
All land use plan amendment applications shall be processed as ordinances of the city in
accordance with the applicable city and state requirements.
A land use plan amendment shall take effect when:(1) The Department of Community Affairs issues a final order determining the adopted
amendment to be in compliance in accordance with sec.163.3'184, F.S.; and(2) For amendments to the future land use element and map, the Broward County
Planning Council recertifies the amendment as being in substantial conformity with
the Broward County Land Use Plan.
(F)
Sec. 650-40. Review criteria; city commission action.(A) Applications for amendment to the comprehensive plan shall comply with the following
criteria:(1) An application for a land use plan amendment shall be substantiated by extensive
data and analysis and shall not cause the comprehensive plan to be internally
inconsistent or in conflict with other local, regional, state or federal laws.(2) An application for a land use plan amendments shall undergo a public participatory
planning process as required by law and the comprehensive plan.(3) An application for a land use plan amendment shall meet any review criteria for
amendments as contained in the comprehensive plan.(B) The city commission shall decide on the application by.(1) Approving the application by ordrnance; or(2) Approving by ordinance a modifled version of the amendment that may be less restrictive
than the current zoning district but more restrictive than the district requested in the
application; or
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Article 650 Land Development Code
(3) Approving the application by ordinance sub.lect to stipulations volunteered from the
applicant that restrict the uses or standards to which the property can be developed
under the requested designation; or(4) Deny the amendment.
Sec. 650-50. Withdrawal of application.
An applicant may withdraw an application for plan amendment at any time prior to a final vote by
the city commission on the application. lf two (2) plan amendment applications for the same
parcel of property are withdrawn by the same applicant within one (1) year, no other application
to amend the land use plan map designation the subject land shall be considered by the city for
at least one (1) year after the date of withdrawal of the second application.
Sec. 650-60. New application after denial.
No application for a land use plan amendment that has been previously denied by the city
commission shall be accepted for at least one (1) year after the date of denial. This prohibition
shall not apply to an application for a land use plan map designation that is different than the
designation that was previously applied for and denied.
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Land Development Code
ARTICLE 655. VACATIONS OF RIGHT-OF-WAY.
Sec. 655-1 0. Applicability.
This article shall apply to any request for vacation or abandonment of any public rightof-way or
easement. The application and fee requirements shall not apply to city-initiated applications.
Sec. 655-20. Supplemental application requirements.
ln addition to the general application requirements, the applicant shall provide.
(A) Evidence of notification to all utilities (public and private) that may have an interest in the
area to be vacated;(B) Notarized signatures of property owners abutting affected portions of the right-of-way
proposed for vacation, indicating support or objection for the application.
)
B
D
Sec.
(A)
(E)
655-30. Application processing.
Any person requesting a vacation must submit the appropriate application, copies, and fee
to the community development department.
The community development director shall prepare a report after reviewing the application.
Public notice shall be made in accordance with article 610.
The city commission shall conduct a public hearing and shall decide on the request after
considering the application, staff findings, and information presented at the public hearing.
ln order for the city commission to approve the vacation, it must waive the replatting
requirement of the city charter. The request for waiver may be processed concurrently
with the petition for vacation.
All vacation applications shall be processed as ordinances of the city in accordance with
the applicable city and state requirements.
655.40. Review criteria; city commission action.
The city commission may approve, approve with mitigating conditions, or deny an
application to vacate right-of-way or the city's interest in an easement based upon the
following criteria:(1) Whether the vacation will adversely affect access to neighboring properties.(2) Whether the subject right-of-way or easement is needed for any public purpose.
Notice of the passage of such an ordinance by the city commission shall be published one
time, within thirty (30) days following its passage, in one issue of a newspaper of general
circulation published in Broward County. Proof of publication of public notificatton, the
adopted ordinance, and the proof of publication of the notice of the passage of such
ordinance shall be recorded in the public records of Broward County, Florida, with certified
copies of same to the board of county commissioners and the property appraiser of
Broward County, Florida.
Sec.
(A)
(B)
Sec. 655-50. New application after denial.
Whenever the city commission has acted upon a vacation or abandonment of rights-of-way for
property, whether approved or denied, the city commission shall not thereafter consider any
further application for the same or any other kind of vacations or abandonments of rights-of-way
for any part or all of the same property for a period of one (1) year from the date of approval or
denial. The above time limits may be waived by a majority vote of the commission when the
commission deems such action necessary to prevent injustice or to facilitate the proper
development of the city.
City of Dania Beach 300
Part 6
Article 660
Draft: August 2010
Part 6
Article 660 Land Development Code
ARTICLE 660. VESTED RIGHTS DETERMINATION.
(A) General applicability. Unless otherwise permitted as an exception under subsection (B) or
allowed to continue as a non-conforming use or structure under Article 7'10,
"Nonconforming uses, structures and lots," all existing, proposed and new development or
redevelopment and uses of land in the city shall conform strictly to the provisions of these
land development regulations. Except as expressly provided in these land development
regulations, no development or use of land shall be undertaken without prior approval and
issuance of a development order pursuant to these land development regulations. The
fact that a development order, permit or decision has been issued by an officer or
employee with apparent but not actual authority over the interpretation or enforcement of
these land development regulations shall not stop or otheMise prevent the city from strict
enforcement of the provisions of these land development regulations, as amended.
(B) Exceptions, vested rights
(1) The provisions of these land development regulations, and any amendments hereto,
shall not affect development that has been approved after incorporation of the city,
but before adoption of these regulations, or is otheMise exempted in accordance
with this subsection or Article Tl0,"Nonconforming uses, structures and lots," of
these land development regulatlons.
(2) Nothing in these land development regulations shall be construed or applied to
abrogate the vested right of a property owner to complete development where the
property owner demonstrates each of the following:
(a) A governmental act of development approval was obtained prior to the
effective date of these land development regulations or prior to the effective
date of an amendment to these land development regulations; and
(b) The property owner has detrimentally relied, in good faith, by making
substantial expenditures based upon the governmental act of development
approval; and
(c)It would be highly inequitable to deny the property owner the right to
complete the development.
City of Oania Beach 301 Draft: August 2010
(3) Except as provided in subsection (4) of this section, any property owner claiming to
have vested rights under thrs section must file an application with the community
development director for a vested rights determination within 120 days after the
initial effective date of this section (as to any claim of vested rights prior to initial
adoption of this sectlon) or within 120 days after an amendment of these land
development regulations (as to any claim of vested rights arising after the initial
adoption of these regulations and prior to the subsequent amendment). The
application shall be accompanied by a fee as set by resolution of the city
commission and contain a sworn statement as to the basis upon which the vested
rights are asserted, together with documentation required by the city and other
documentary evidence supporting the claim. The city commission shall review the
application and, based upon the evidence submitted, shall make a written
determination as to whether the property owner has established vested rights.
Part 6
Article 660
(4) Any property owner claiming to have vested rights under this section, by virtue of
(i) A court judgment rendered by a court of competent Jurisdiction; or (ii) a Broward
County vested rights determination; or (iii) State Department of Community Affairs
vested rights determination shall file an application with the community
development director for a vested rights determination as provided in subsection
(3), together with documentation of the applicable qualifying documentary evidence
supporting the claim. Vested rights pursuant to the criteria of this subsection shall
be presumed to exist, upon submittal of the qualifying items (subsection (a)(t-iii)),
unless clear and convincing evidence shows that vested rights have been waived,
have expired or are not applicable, in whole or in part.
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Land Development Code
Part 6
Article 665 Land Development Code
ARTICLE 665. ZONING IN PROGRESS.
Sec. 670-t 0. Review of permits and development orders with regard to zoning in
progress.
During the period of time that the city commission is consldering either a text amendment to the
city Land Development Code or a change of zoning district, no permit(s) or development
order(s) of any kind shall be issued if issuance would result in the nonconforming or unlaMul
use of the subject property should the text amendment or zoning district change be finally
enacted by the city commission.(A) The period of time of such freeze on permits shall begin on the earlier of (1) publication of
a notice of a public heanng before the city commission to consider a resolution declaring
zoning in progress or (2) the planning and zoning board has held its initial public hearing
on the text amendment or zoning district change.(B) This section shall not apply if.(1) The community development director has determined that approval of the application
for a permit or development order would not result in the nonconforming or unlavuful
use of property if such proposed change is to be adopted and in effect; and(2) Not more than three (3) months have passed since filing of a complete application for
the permit or development order. The three-month zoning-in-progress period may be
extended for up to an additional three (3) months by resolution of the city
commission where the public rnterest requires.
(C) Where the property owner requests a postponement or other delay of an application, such
period of delay shall not count against the zoning-in-progress period.
City of Dania Beach 303 Draft: August 2010
Part 6
Article 675 Land Development Code
ARTICLE 675, TEMPORARY USE AND SPECIAL EVENT PERMITS.
Sec. 675-10. Purpose and applicability.
This article specifies the procedure for processing and disposition of applications for temporary
use. Temporary uses are uses of land, building or structure that are established for a fixed
period of time with the intent to discontinue the use upon the expiration of such time, and which
are authorized in this article as temporary accessory or principal uses for time periods
proportionate and appropriate to the nature of the temporary use. Temporary uses permitted by
this article may not be listed in the use provisions of Part '1 of this code.
Sec.
(A)
675-20. Temporary uses authorized.
The following temporary uses are authorized in the commercial, industrial and CRA mixed-
use districts, and on lots developed for assembly and institutional uses in other zoning
districts subject to approval of the city commission after staff review and recommendation,
as provided in this section.(1) Temporary assembly uses such as commercial carnivals, fairs, exhibitions, craft
shows, concerts, promotional activities, and similar events.(2) Special events run by nonprofit or charitable organizations.(3) Holiday sales of Christmas Trees, pumpkins for Halloween, fireworks for Fourth of
July, and other similar temporary sales of a seasonal nature.(4) Other uses of a similar and temporary nature where the period of use will not extend
beyond sixty (60) days during any calendar year.
The city commission may, in its initial resolution approving a temporary use, authorize the
subsequent administrative approval by the community development director of a future
event that occurs on a regular basis (ex: annually) at specific locations, consistent with the
terms and conditions provided in the original resolution providing for temporary use
approval.
This section does not to apply to local shows or amusements held in theaters, auditoriums
or permanent buildings designed and permitted for assembly uses, or any amusement
park established in the city on a permanent basis.
The following temporary uses are permitted in connection with development projects
subject to city commission approval, unless the use was previously reviewed during the
site plan approval process, in which case administrative approval is authorized.(1) Offices for sale of real estate or for persons engaged rn the development, within
(B)
(c)
(D)
temporary buildings or offrce trailers which are approved consistent with all building
permit submittal requirements for temporary structures.2) Construction materials storage and processing.3) Equipment storage.4) Model homes or sample apartments.5) Activities of religious, institutional, or governmental entity under construction,
reconstruction, renovation or enlargement.(E) Garage (yard) sales are permitted in residential zoning districts subject to the limitation on
frequency and license requirement set forth in chapter 21, article 3 of the Code of
Ordinances, and the signage allowance in sec. 505-170(l).
Sec. 675-30. Supplemental application submission requirements.
ln addition to the general application submittal requirements of article 605 and building permit
submittal requirements for temporary structures, the applicant shall provide documentation
addressing the considerations required for approval of a temporary use in sec. 675-40, including
but not limited to the following, any of which may be waived if not pertinent to the specific
request.
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Article 675 Land Development Code
Site layout sketch showing the location of various activities;
B Off-street parking facilities and access points;
C Proposed dates and hours of operation;
D Proposed special event signage in accordance with sec.505-170 (temporary signs);E) Proposed use of sound amplification equipment;(F) ldentification of all proposed temporary structures and equipment;
(G) Whether food or alcoholic beverages will be provided, and copies of appropriate licenses
for same;(H) Proposed outdoor lighting.
Sec.
(A)
(B)
(c)
(D)
675-40. Standards and procedures for approval of temporary use.
The city manager shall review the application and all support documents for
completeness. The city manager's office shall notify the applicant of any deficiencies in the
application or support documents and specify what additional requirements are to be met.
Once the city manager's office has determined that the application and support documents
are complete, the application and support documents shall be distributed for staff review.
Once the required documentation has been provided, the city manager will schedule the
application for hearing on the agenda of the next available city commission meeting.
The cily commission shall approve, approve with conditions pursuant to subsec. (D), or
deny the proposed application at a public hearing based upon the applicant's
demonstration that the use will be in compliance with the terms of this article and all
pertinent code requirements, and that adequate provision and assurance has been made
for traffic control, trash cleanup, special event signage, public safety considerations, and
compatibility with adjacent uses.
The city commission may impose reasonable conditions as are necessary to ensure
compliance with the applicable standards of these land development regulations.
City of Dania Beach 305 Draft: August 2010
Land Development Code
ARTICLE 680
PERMITS.
LEGAL PROVISIONS GOVERNING DEVELOPMENT ORDERS AND
Sec,
(A)
680-30. Compliance required.
It shall be unlawful to use, erect, move, or otherwise alter a building, structure, or part of a
building or structure; or to use, clear, fill, excavate, move, pave, grade, or otherwise alter
land or water unless a permit consistent with all applicable provisions of the code shall
have been first obtained for such work. The city shall establish all requirements for such
permits, including but not limited to, application requirements, fees, and required
inspections, except for fees for permits issued under the building code.
No development order or permit shall be issued which is not in conformity with all the
provisions of the code and the adopted comprehensive plan.
No license, permit or certificate shall be issued by any department or official of the city, nor
authorized agent for the city, for the use of any premises or the operation of any business,
enterprise, occupation, trade, profession or activity which would involve, in any way, or
constitute, a violation of the code, nor shall any license, permit or certificate be issued
upon any premises where there is a violation of the code. The city manager is authorized
to require the execution of an agreement for recording where the administrator deems it
necessary for enforcement of these regulations.
Any application for a development permit required or authorized under the code shall
require an effective development order to be granted by the city manager or the city
commission, as applicable, prior to issuance of the development permit. No permit may
be issued that is inconsistent with a development order.
The city shall withhold issuance of development orders and permits when there are
outstanding code vrolations on a property, and the property owner has not entered into an
order or been found in compliance by the city. Development orders and permits
necessary for correcting the violation are not subject to this provision. Any violation of a
previously approved development order or permit, including any condition of approval
attached thereto, shall constitute such a violation.
(B)
(c)
(D)
(E)
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Part 6
Article 680
Sec. 680-10. Quasi-judicial public hearing procedures.
Matters that are quasi-judicial in nature are defined in Sectlon 2-1.3 ol the Code of Ordinances,
"Quasi-judicial proceedings." All matters which are defined as quasi-judicial in nature shall
utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The applicant
bears the burden of proof in all quasi-judicial proceedings.
Sec. 680-20. Permit not to authorize violation of Land Development Code,; correction of
errors in plans and specifications.
With respect to the possible issuance, in error, of a permit which may appear to authorize some
type of construction in violation of the provisions of this Land Development Code, or other
ordinances of the city, the following provisions shall apply.(A) The issuance or granting of a permit or the approval of plans and specrfications shall not
be deemed or construed to be a permit for, or an approval of any violation of any of the
provisions of this Land Development Code, No permit presuming to give authority to
violate or cancel the provisions of this Land Development Code, shall be valid except
insofar as the work or use which it authorizes is legal.(B) The issuance of a permit upon plans and specifications shall not prevent the city from
thereafter requiring the correction of errors in the plans and specifications, or preventing
building operations being carried on hereunder when in violation of the code.
Part 6
Article 580 Land Development Code
Sec. 680-40. Deferral of approval if city has lien against property or outstanding code
violation.
Upon receipt of an application for the issuance of any development order or permit, the
community development director shall determine whether:(A) The applicant has any delinquent special assessment, utility, code compliance, or other
lien by the city against said real estate involved, or any other real estate owned by the
applicant or owned by the applicant at the time of the creating of the lien. ln the event that
there is such a delinquent lien, the application for development order or permit shall be
administratively processed to completion, but shall not be approved, and applications
requiring a public hearing shall not be scheduled for public hearing until the delinquent lien
has been fully paid.(B) The applicant or property owner has been cited for any code violations that have not been
placed into compliance. ln the event that there is an outstanding violation, the application
for development order or permit shall be administratively processed to completion, but
shall not be approved, and applications requiring a public hearing shall not be scheduled
for public hearing untrl the violataon has been placed into compliance.
Sec. 680-50. Conformance with approved site plan required.
All lots shall be maintained in accordance with the approved site plan, building permit plans and
any other city-approved plans unless the city approves subsequent changes pursuant to the
procedures and requirements of the code.
Sec. 680-60. Transitional provisions.
Development proposed in an application that has been accepted as complete by the city, or
which has been reviewed, approved, or both, by the city pursuant to code provisions in effect
prior to the effective date of this code or amendment hereto, shall continue to be required to
meet the code regulations in effect at the time of the application.
Sec. 680-70. Denial of permits. When the community development director is not satisfied that
the applicant's proposed development will meet the requirements of this Land Development
Code, the director shall reject the application for permit, and the applicant may appeal to the city
commission for a reversal of the director's decision pursuant to article 615 (administrative
appeals). The director's refusal shall be written and state the reason for denial.
Sec. 680-80. Misrepresentation or withholding of information.
Misrepresentation or withholding of information by an applicant or party to an application,
whether intentional or not, shall provide grounds for revocation of any approvals or permits
issued based in any part upon the misrepresentation or withheld information.
Sec. 680-90. Expiration of permits and development orders.
Any permit or development order issued pursuant to this code, for which an expiration
timeframe is not established in this code, shall be valid for a period of one hundred eight (180)
days from the date of issuance unless a different expiration is otherwise provided by official
action of the city commission or special master. The community development director may
renew such a permit or development order for one (1) additional six (6) month period subject to
compliance with current requirements of the code rn effect at the time of application for renewal.
After the date of expiration, the development order shall be null and void. A new development
application shall be filed and shall be subject to the current requirements of the code. Expiratron
and extension of building permits are under the jurisdiction of the building code.
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Article 680 Land Development Code
Sec. 680-100. Certificate of occupancy.(A) lt shall be unlav,rful to use or permit the use of any building or premises thereon hereafter
created or erected, changed or converted wholly or partly in its use or structure until a
certificate of occupancy is issued by the building official.(B) No certificate of occupancy shall be issued for any principal building unless and until all
improvements required by plat, and all improvements shown on the approved site plan,
including but not limited to common recreational facilities and amenities, have been
provided and have passed final inspection by the city, except as follows:(1) For plats and site plans approved for construction in phases by the city commission,
this requirement shall apply to the particular phase in which the certificate of
occupancy is sought.(2) This requirement shall not apply to the final lift of asphalt pavement and permanent
pavement markings.
City of Dania Beach 308 Draft: August 2010
Sec. 680-1 10. Revocation of permits upon violation.
ln the event any person violates any of the conditions of a city permit, or any of the provisions
of the code of ordinances, the city commission may revoke or modify the permit, after
conducting a public hearing on the matter for which the city shall notify the permittee in writing at
least ten (10) days prior to the hearing.
Sec.
(A)
(B)
685-10. Recovery of costs of administrative review and processing.
An administrative fee shall be imposed for the various costs of the city's administrative and
outside fee consultant processing and review of applications, submissions or requests
concerning development, utilization or improvement of realty in the City of Dania Beach
(hereafter, "review requests"), such fee to be equal in amount to the city's actual costs, in
terms of staff and outside fee for consultants' time expended in such review and
processing, and a surcharge for certain requested fast-tracking plan reviews and
inspections as provided for in subsec. (E), including advertising and similar directly related
charges.
Persons who file any review request which necessitates administrative or outside fee
consultant review and processing, shall pay prior to or at the time the review request is
made, an initial preliminary deposit which shall be credited toward the fee charged for
such review and processing, and shall pay additional deposits as may be required from
time to time.
When the person pays the initial deposit, a financial account for said person's review
request (the "project account") will be opened and maintained throughout the entire review
process until the person receives a certificate of occupancy or the community
development director determines that no further city action is necessary for the review and
processing of the review request, at either of which times the project account will be
closed and any remainrng funds shall be refunded to the person depositing same no later
than two (2) months after the project account's closing date. The project account will be
monitored on a periodic basis. Whenever the account balance is zero or negative, a
supplemental deposit will be required before any further review or processing continues.
The person making the initial deposit will be notified when a supplemental deposit will be
required. The amount of the supplemental deposit will be fifty (50) percent of the initial
deposit. Several supplemental deposits may be necessary depending on the complexity of
the review request.
The staff of the various departments of the city and the city's outside fee consultants who
are involved in the review and processing of review requests shall maintain records of the
time expended and tasks conducted regarding each such request. A debit based upon the
time expended and the applicable hourly rate (plus a surcharge as provided in subsec. (E)
for certain requested work on fast-tracking projects) shall be charged against the project
account. For purposes of this program, the applicable hourly rate shall be equal to a staff
person's actual hourly rate of pay (if such person is paid by the hour) or an approximation
of his or her hourly compensation (based upon weekly salary divided by forty (40) hours,
together with an additional factor reflecting said person's hourly value of fringe and
pension benefits), if said staff person is a person who is compensated on a salary basis.
The applicable hourly rate for review and processing by the city's outside fee consultants
shall equal their actual hourly charge for such review and processing. A debit against the
prolect account shall also be made which shall reflect the costs of administering this
program, which charge shall be based upon the actual effort involved for such
administration.
This authonzed program shall not replace the imposition and collection of structure permit
fees, which building permit fees shall be collected to defray the costs of up to two (2) non-
priority structure plan reviews in a normal single-plan review procedure or up to two (2)
non-priority plan reviews in a fast-tracking plan review procedure, and inspections which
are not requested on a priority basis and which are requested when the community
development department or public services department is open during regular hours (or
during the regular business hours of any city outside fee consultant engineering firm).
(c)
(D)
(E)
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ARTICLE 685, COST RECOVERY FOR DEVELOPMENT REVIEW.
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(1) For the purpose of this section, "fast-tracking" is defined as a method of construction
where plans for component parts of a structure are reviewed on an as-being built
basis (including pre and post permit meetings with staff for such multiple plan
critiques).(2) When "fast-tracking" inspections or plan reviews are requested on a priority basis, or
when the same plan for a component part of a structure is reviewed more than twice,
the applicable hourly rate for staff and outside fee consultants involved in such
review and inspections, together with a surcharge of such applicable hourly rate(s),
(such surcharge to be implemented, established and changed from time to time by
resolution), shall be assessed against the project account of the person requesting
such work.(3) When non-'fast{racking" inspections or plan reviews are requested on a priority
basis, or when the same plan is reviewed more than twrce, the applicable hourly rate
for staff and outside fee consultants involved in such reviews and inspections shall
be assessed against the project account of the person requestrng same.(4) The cost of any inspections (for "fast-tracking" and non-"fasttracking" development)
which are requested when the building and zoning department or engineering
department would normally be closed (or outside of the regular business hours of
any city outside fee consultant engineering firm) shall be assessed against the
project accounts of the person requesting same.(F) The amount of the initial deposit for the different types of review requests shall be
established, and from time to time amended, by resolution of the city commission. lt is the
express intent of the city commission in enacting this cost recovery program that the city's
costs of administrative and outside fee consultant review and processing of review
requests, as required or necessitated now or in the future by the city's ordinances,
resolutions, policies or procedures, shall be borne by the person initiating the review
request. To the extent that this authorized program is not fully implemented by resolution
as provided, the fees and charges provided for elsewhere in the code of ordinances
immediately before the enactment of this ordinance for such unimplemented review and
processing, if any, shall be valid as not lnconsistent with this program, fully chargeable,
levied and collected.(G) This program shall not apply to review requests which are originally initiated by or on
behalf of the city or another governmental entity acting in its governmental capacity; such
as, but not limited to, department of transportation highway proposal commentary, reviewsof Broward County transportation improvements, review of government-initiated
amendments to the Broward County or local land use plans of adjacent municipalities, and
review of developments of regional impact in neighboring jurisdictions; provided however,
that the initiating government entity does not charge the city for its review, processing and
comment upon the city's review requests of a similar type or nature.(H) The preceding subsec. (G) shall not apply to review requests which are initiated by
another governmental entity or agency acting in a corporate or proprietary capacity, such
action including, but not limited to, a governmental entity's review requests incident to the
erection of buildings or structures within Dania Beach (such as post offices, libraries or
governmental office buildings).(l) Except as provided in this code, any notification of supplemental deposits the city provides
pursuant to this section to a person initiating a review request shall be deemed sufficient if
made by a telephone call to such person or his or her agent with a conforming certified
letter to follow. lt shall be the duty of persons initiating review requests to provide a
continuously updated address and telephone number where said persons or their agents
can be reached for purposes of such notification. lf an attempt to notify a person initiating
a review request or his or her agent is frustrated because such furnished phone numbers
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or addresses were not correct or up to date when the notiftcation attempt was made, such
frustrated attempt shall be deemed sufficient notice for purposes of this article.
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PART 7 CODE ADMINISTRATION.
ARTICLE 7OO. CODE ADMINISTRATION AND LEGAL PROVISIONS.
Sec. 700-10. Short title.
The City's Land Development Code, codified by
be known and cited as the "City of Dania Beach Land Development Code", and is internally
referenced as "the code", "this code", or as the "land development code".
shall
700-20. Purpose and scope.
The purpose of this Land Development Code is to establish comprehensive controls for
the development of land in the City of Dania Beach based on the comprehensive plan for
the city and enacted in order to protect, promote and improve the pubiic health, safety and
the general welfare of the people.
The objectives of this Land Development Code are to provide.(1) For efficiency and economy in the process of development;(2) For the appropriate use of land in accordance with the comprehensive plan for the
city, in order to provide well-planned and compatible areas for a variety of residential
settings, densities and dwelling types, recreation and open space, transportation,
commerce, industry, and civrc facilities;(3) For an aesthetically pleasing built environment;(4) For preservation, protection, conservation, and enhancement of natural resources
and animal habitats;(5) For convenient and efficient circulation of people and goods;(6) For the use and occupancy of buildings;(7) For healthful, convenient and efficient distribution of population;(8) For the availability of adequate public utilities, facilities concurrent with the impact of
development;(9) For promotion of the civic amenities of beauty and visual interest;
(10) For the long-term sustainability of the natural and built environment.
(11) For lessened congestion in the streets; and
(12) Adequate light and air and to prevent the overcrowding of land w/ due consideration
to the character of the district, and its peculiar suitability for particular uses, the
growth and development of the city, and with a view to conserving the value of
buildings and encouraging the most appropriate use of lands throughout such
municipality.
To accomplish these purposes, the city commrssion shall divide the entire city into districts
of such number and shape as may be deemed best suited to carry out the purposes of this
Land Development Code, and within these districts shall regulate, determine and
establish:(1) Street and block patterns, locations and width
Height, number of stories, size, bulk, location, erection, construction, repair,
reconstruction, alteration and use of buildings and other structures, for trade,
profession, residence and other purposes;(2) Use of land and water for trade, profession, residence and landscaping;(3) Size of yards and other open spaces;(4) Landscaping of yards and other open spaces;(5) Percentage of lot that may be occupied;(6) Density of population;
Sec.
(A)
(B)
(c)
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(7) Conditions under which various classes of nonconformities may continue including
authority to set fair and reasonable amortization schedules for the elimination of
nonconforming uses;(8) Use and types and sizes of structures in those areas subject to seasonal or periodic
flooding or storm damage so that danger to life and property in such areas will be
minimized;(9) Performance standards for use of property and location of structures thereon.(10 Signage size, type and location;
(1 '1) Number, dimensions, arrangement, and location of off-street parking and loading
spaces, and access thereto;
(12) Public facility concurrency standards and procedures;
(13) Procedures for review and issuance of development orders and permits; and,(14) Standards for architecture and design.
Sec. 700-30. Gonsistency with comprehensive plan.
The comprehensive plan, which contains expressions of public policy in the form of generalized
maps, standards, guidelines and policy statements, is declared to be the official long-range and
comprehensive guide for the orderly groMh and development of the city of Dania Beach,
Florida. The comprehensive plan shall be the policy basis for this Land Development code.This Land Development Code implements the objectives and policies of the comprehensiveplan. This Land Development Code shall be revised from time to time as necessary to ensurecontinued consistency with the amendments to the plan.
Sec. 700-40. Administrative official.
The administrative official designated to administer and enforce this Land Development Code is
the community development director ("directoi') or its equivalent, in the event the position tifle
may change. All references to the community development director shall include any designee
of the drrector.
Sec. 700-50. Liability.
Any officer or employee charged with the enforcement of this Land Development code, actingfor the city in the discharge of his or her duties, shall not be rendered liable personally, and ii
relieved from all personal liability for any damage that may accrue to persons or property as aresult of any act required or permitted in the discharge of his or her duties. Any suit broughtagainst any officer or employee because of such act performed by him in the enforcement ofany provisions of this Land Development code shall be defended by the city until final
termination of the proceedings.
Sec. 700-60. Minimum requirements.
ln interpreting and applying the provisions of this Land Development code, they shall be held tobe the minimum requirements for the protection, promotion, and improvement of the public
health, safety, and general welfare of the community. This rule of interpretation notwithstanding,certain standards-based upon their context or stated intent, and particularly urban- design-oriented development standards such as "build{o-lines"-shall be interpreied as specificrequirements for the protection, promotion, and improvement of the publlc health, safeiy andgeneral welfare of the community that are not intended to be minimum requirements.
Sec. 700-70. Abrogation; conflicting provisions.(A) lt is not intended by this Land Development Code to interfere with or abrogate or annulany easements, covenants or other agreements between parties; provided, however,where this Land Development code imposes a greater restriction upon the use of
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(B)
(c)
(D)
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buildings premises, or upon the height of buildings, or requires larger open spaces than
are imposed or required by other ordinances, rules, regulations or by easements,
covenants, or agreements, the provisions of this Land Development Code shall control.
Where this Land Development Code includes regulations on the same point as contained
in any other law or ordinance, the provisions of this Land Development Code shall govern
unless otheruise prohibited by law; except that where the regulations of the other law or
ordinance are more restrictive than those of this Land Development Code, the other shall
govern.
Where there is a conflict between any regulations within this Land Development Code, the
most recently adopted provision shall govern. ln the case of provisions adopted
concurrently but still in conflict, the more restrictive standard shall apply.
Where the numeric and spelled-out expressions of a given standard contained within this
Land Development Code are not in agreement, the stricter and least permissive of the two
(2) shall prevail. For example, if a mrnimum yard requirement is expressed as "twenty-five
(5) feet," the text, "twenty-five feet" prevails, and if, for example, a maximum height
requirement is expressed as "twenty-five (20) feet," the numeric expression, "(20)"
prevails.
Sec.700-100. Regulations cited by reference.
Any law, regulation or rule that is referenced in this code (example: "subsec. 163.3177(a),
Ftorida statutes") shall include any amendments to said law, regulation or rule, and shall be
read as if the term "as may be amended from time to time") is part of the reference.
Sec. 700-110. Zoning map.(A) The boundaries of the districts are as shown upon the zoning map which is adopted by
references and made a part hereof, and entitled "official Zoning Map of the city of Dania
Beach, FIorida".(B) The amended zoning map and all the notations, references and other information shown
thereon are a part oi this Land Development Code as if such information set forth on the
map were all fully described and set out. This amended zoning map, properly attested,
shall remain at all times on file in the office of the city clerk. The boundaries of such
districts as are shown upon the official zoning map, or as will be shown by subsequent
amendment thereto, are adopted and approved, and the regulations of this Land
Development code, governing the use of land and buildings, the height of buildings,
building site areas, the size of yards about buildings and other matters as set forth in this
Land [evelopment Code, are established and declared to be in effect upon all land
included within the boundaries of each and every district shown upon such map'
(c) ln the creation, by this Land Development code, of the respective districts, the city
commission has given due and careful consideration to the peculiar suitability of each and
every such district for the particular regulations applied thereto, and the necessary proper
and comprehensive groupings and arrangements of the various uses and densities of
population in accordance with a well-considered plan for the development of the city.
Sec. 700-80. Severability.
Should any article, section, clause or provision of this Land Development Code be declared by a
court to be invalid, the same shall not affect the validity of the Land Development Code as a
whole or any part of the Land Development Code, other than the part so declared to be invalid.
Sec. 700-90. Regulation of unzoned property'
Any property in the city not shown on the zoning map as being in a zoning district is classified
as RS-18000.
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Sec. 700-120. lnterpretation of zoning district boundaries.
Unless otherwise shown, the district boundaries are lot lines or the center lines of streets, alleys,
easements, railroads, or waleMays, and where the districts designated on the official zoning
map are approximately bounded by lot lines or the center lines of streets, alleys, easements,
railroads, or wateMays, such lines shall be considered to be district boundaries. Where
uncertainty extsts as to boundaries of any district, the following rules of interpretation shall
apply:(A) Where such district boundaries are indicated as approximately following streets, alleys ,easements, railroads, or waterways, the boundary lines shall be construed to be the
centerline of such streets, alleys, easements, railroads, or waterways.(B) A district boundary shown approximately following the top of a bank of a waterway or
waterbody shall be deemed to follow the top of the bank, and shall move with any natural
changes in such bank.(C) Where a district boundary divides a lot of record existing at the time of the adoption of the
ldate] zoning map, and the location of the boundary is not dimensioned relative to the lot
lines, the boundary shall be determined by use of the scale appearing on the map,provided that if the boundary line scales to within twenty-five (25) feet of a lot line, the
boundary shall be deemed to be such lot line.(D) Where any street or alley is officially vacated or abandoned subsequent to the enactment
of this Land Development code,, the regulations applicable to each parcel of abutting
property shall apply to that portion of such streets or alley added thereto by virtue of such
vacation or abandonment.(E) where a district boundary is shown as approximately following city limits it shall be
deemed to be following city limits.(F) Where a district boundary is indicated as an extension of features indicted in subsec. (A)
or (B), the boundary shall be such centerline as extended.(G) where district boundary lines are indicated on the zoning map as intersecting waterway
bulkheads or pierhead lines, such district boundary lines shall be construed to extend ln
the same general direction as indicated on said map to the corporate limits of the City of
Dania Beach and all water and land, existing now or in the future, shall be included within
said district boundary lines.(H) where due to scale or illegibility of the zoning map, or due to the absence of a street,
alley, easement, waterway or recorded subdrvision of plat lines, the director finds thatthere is uncertainty, contradiction or conflict as to the intended location of any district
boundary, the director shall be responsible for interpreting the intent of the zoning map todetermine and designate the proper location of such district boundary in accordance withthe intent and purpose of the code. The ordinance causing the rezoning of land, the
supporting materials made part of the city commission's consideration of the ordinance,
and city commission meeting minutes concerning the ordinance causing the rezoning shallbe primary considerations for determining district boundaries. Appeal from the
interpretation of the director shall be to the city commission as required in article 6 j 5,"Appeal of administrative decisions".
Sec. 700-130. Reduction of required areas prohibited.
Except as otherwise provided:(A) The minimum lot area, yards and other open spaces and required areas, including the
intensity of use provisions contained in this Land Development Code, for each building
erected, added on to, reconstructed or structurally altered subsequent to the enactment ofthis Land Development code, shall not be encroached upon or considered as a
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compliance with lot area, yard or open space requirements, or intensity of use
requirements, for any other lot or building.(B) No lot area, yard or other required space shall be reduced in area or dimension so as to make
said area or dimension less than the minimum required by this code; and if already less than
the minimum required by thrs code for a new structure or use, said area or dimension shall not
be further reduced, without first obtaining a variance pursuant to article 625, "variances" that
would specifically allow such reduction.
Sec. 700-{60. Public purpose uses.
The provisions of the code are not intended, and shall not be construed, to preclude the use of
any property, owned or controlled by the city, for public purpose uses.
Sec. 700-140. Measurements.
When any of the distance or measurement requirements listed below are referred to in the code,
such distance or measurements will be determined in accordance with this section unless
otherwise specified in the provision that contains the measurement
(A) Other jurisdictions. Any separation, distance limitation or setback required by the code
shall be applied without regard to municipal boundaries, and shall be applied in the same
manner as if the abutting jurisdictions were part of the city.(B) Distance separations. Minimum distance separations required by the code shall be
measured in a straight line, using the shortest airline distance between two (2) or more
locations being meisured (i.e. zoning boundaries, properties, buildings, portions of
buildings, entrances to buildings etc., as applicable to each specific provision)
(c) computation of time. The time within which an act is to be done shall be computed by
excluding the first and including the last day. lf the last day of a time period is a saturday,
Sunday or legal holiday, the period shall run until the end of the next day which is neither a
Saturday, Sunday nor legal holiday.(D) Fractional measurements.(1) When units or measurements result in a requirement of a fraction, any such fraction
equal to or greater than exactly fifty percent (50%) shall require the full requirement,
unless otheMise provided in the code.(2) Density fractional measuremenfs. when calculating density, any fraction of a unit
shall be rounded down to the nearest whole number.
sec. 700-150. Authority of city commission to name, rename, number or renumber roads,
alleys, etc.
The city commission is authorized and empowered to name or number any road, subdivision
street, illey or other thoroughfare within the city limits and to change such names or numbers.
The community development director is authorized to designate and issue house numbers for
properties abuiting upon such roads, subdivision streets, alleys or other thoroughfares.
Sec. 7OO-170. Nonbinding effect of staff decisions.
An action taken or comment made by any city employee regarding a development for which
approval by the city commission is required is not binding upon the city commission in its review
oi ine application for a development permit, nor does it carry with it any right to approval of the
development permit applications.
Sec. 700-180. Development orders and permits.
Administrative and legal provisions governing development orders and permits
contained within article 680.
are fully
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Sec. 700-190. Municipal projects.
The provisions of the Land Development Code are waived and shall not be applied to the City of
Dania Beach municipal projects, structures or facilities whether the projects, structures or
facilities are owned or financed in whole or in part by the city. The city commission may waive,
in whole or in part, the requirements of this Land Development Code for the projects, structures
and facilities of any governmental entity whether the projects or facilities are owned or financed
in whole or in part by the governmental entity.
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ARTICLE 705. VIOLATIONS AND PENALTIES.
Sec. 705-10. Authority to enforce.
The, city manager, city attorney and city commission, as applicable, shall designate city
personnel and contractual agents of the city, who shall have the authority to enforce the
provisions of the code, including the city's law enforcement agency which may treat violations
as any it does other violations of city ordinances.
Sec. 705-20. Method of enforcement.(A) Where it is found that any of the provisions of the code are being violated, enforcement
proceedings may be initiated against the real property owner, the tenant if applicable, and
any other person violating the provisions of the code as provided in the code of ordinances
and as otherwise provided by law. Any enforcement procedure authorized by the code of
ordinances, county or state law, may be used to enforce the provisions of the code lt
shall be at the discretion of the city attorney to determine which method of enforcement is
appropriate and whether more than one (1) method of enforcement should be brought, as
provided by law.(B) Further, the city commission or city manager may authorize the city attorney to bring legal
action in a court of competent jurisdiction.
Sec. 705-30. Complaints of violations.
Any person may file a complaint if there is any reason to believe a violation of this Land
Development Code, exists. All such complaints must be in writing and shall be filed under oath
with the code compliance office, which shall properly record such complaint and investigate
accordingly.
Sec. 705-40. Right of entry.
For the purpose of enforcing the provisions of the code, officials and inspectors shall have a
right of entry as provided by law whenever said officials and inspectors find such entry
necessary for the proper discharge of their duties under the code. The office of the city attorney
is authorized to seek inspection warrants as necessary.
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ARTICLE 7IO. NONCONFORMING USES, STRUCTURES, AND LOTS,
Sec. 710-10. lntenUpurpose.
The purpose and intent of this article is to regulate and limit the development and continued
existence of uses, structures, and lots that were lavdully established but do not comply with the
regulations of this code and were made nonconforming by the original adoption of this code or
subsequent amendments hereto.
The provisions of this article are designed to generally curtail substantial investment in
nonconformities and bring about their eventual elimination in order to preserve the integrity of
these regulations. Any nonconforming use, structure or lot that does not conform to the
requirements of this code and that lawfully existed as of the effective date of this code, and any
use, structure or lot that has become nonconforming as a result of the adoption of these
regulations or any subsequent amendment hereto may be continued or maintained only in
accordance with the terms of this article as well as all other provisions in this code pertaining to
nonconformities.
Sec.710-20. Definitions and term usage.(A) substantial damage. Damage of any origin sustained by a structure where the cost of
restoring the structure to its condition prior to damage would equal or exceed fifty (50)
percent of the adjusted replacement cost of the structure before the damage occurred, as
estimated using the most current RS Means or Marshall & Swift construction cost data
publications.(B) Substantial improvement. Replacement of any two (2) exterior walls and the roof within a
peraod of one ('1) year shall constitute a substantial improvement. Substantial improvement
shall also mean any repair, reconstruction or improvement of a structure within a period of
one (1) year, the cost of which equals or exceeds fifty (50) percent of the market value of
the structure, as determined by the office of the property Appraiser of Broward county,
either (1) before the improvement or repair is started, or (z) rt the structure has been
damaged and is being restored, before the damage occurred. The total cost shall not
include nonstructural interior finishing, except when determining whether the structure has
been substantially improved as a result of a single improvement or repair, or substantially
damaged as a result of a single event. For purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall, ceiling, floor or
other structural part of the structure commences, whether or not that alteration affects the
external dimension of the structure. The term does not include (1) any project for the
improvement of a structure to comply with existing state or local health, sanitary or safetycode specifications which are necessary solely to assure safe living conditions; or (2) any
alteration of a structure listed on the National Register of Historic Places or the Florida
lnventory of Historic Places.(C) Structure. The terms "structure" shall mean all buildings and structures.
Sec. 710-30. Establishment of nonconformities.
The community development director shall make a determination as to the existence of a
nonconformity based upon evidence furnished by the applicant for the determination. Althoughthe director may make use of affidavits and investigation as the director determines necessaryin a particular case, the applicant for the determination shall bear the burden of proof that theproperty is entitled to nonconforming status. The question as to whether a use, structure or lotis nonconforming shall be a question of fact, and the determination of the director may be
appealed pursuant to the procedures of article 615, "appeal of administrative decisrons."
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Sec. 7'l0-40. Continuation of existing use or structure.
A nonconforming use, structure or structure devoted to a nonconforming use that is otherwise
lawful may be continued as configured and existing on of the date the use, structure or both
became nonconforming subject to the restrictions set forth in this article. Changes in tenancy,
ownership or management of a nonconforming use or structure are permitted.
Sec. 710-50. Limitations on the continuance of nonconforming uses and structures.
(A) Nonconforming use. Except as provided in sec. 710-60, a nonconforming use, and a
structure or part of such structure devoted to a nonconforming use, shall not be enlarged,
extended, repaired, reconstructed after substantial damage, relocated, moved, substituted,
changed, divided, structurally altered, discontinued or repaired or reconstructed afler
substantial damage, unless it is for the purpose of replacing the nonconforming use with a
conforming use. Any of the above actions for purpose other than permitted in this Land
Development Code shall nullify the nonconforming status of the use, and shall require the
use of the land and structure to comply with all code requirements.
(B) Nonconforming structure. Except as provided in sec. 7'10-60, a nonconforming structure
shall not be enlarged, extended, reconstructed, relocated, moved, substituted' divided,
structurally altered, discontinued in use, or repaired after Substantial damage, unless it is
for the purpose of making a nonconforming structure comply with code requirements. Any
of the above actions for purpose other than permitted in this section shall nullify the
nonconforming status of the structure, and shall require the structure to comply with all
code requirements.
(C) Nonconforming adult enterlainment uses. Within this subsection, nonconforming adult
entertainment uses are termed, "regulated use(s)".(1) Any regulated use, lawfully operating on September 15, 2001 , that is in violation of
sec. 1i5-40 (list of permitted, special exception and prohibited uses in industrial
districts) and sec.115-50 (conditions of use in industrial districts) shall be deemed a
nonconforming use. The nonconforming use shall be permitted to continue for a
period not to exceed three (3) years, unless terminated earlier for any reason' or
discontinued for a period of ninety (90) days or more.(2) lf two (2) or more regulated uses are were located within one thousand (1,000) feet
of one another on september 15,2001, but are otherwise in a permissible location,
the regulated use which was first established and continually operating at a particular
location is the conforming use and the later-established business(es) is (are)
nonconforming.(3) However, an existing A nonconforming regulated use that is not located in a
permissible location (and will therefore be amortized out after three (3) years) shall
not be used to prevent the location of a new regulated use in a permissible location
that is within one thousand (1,000) feet of the amortized use's property line.
(4) A regulated use lawfully operating as a conforming use is not rendered a
nonconforming use by the subsequent location of an incompatible use as set forth
above within one thousand (1,000) feet of the regulated use. This provision applies
only to an ongoing regulated use, not to a regulated use that has been terminated for
any reason or discontinued for a period of ninety (90) days or more subsequent to
the location of the incompatible use.(D) Nonconforming parking and loading facilities, landscaping and signage. The respective
provisions of articles 265, "Off-street parking regulations", 270, "Off-street loading
iegulations", 275, "Landscaping regulations" and 505, "Signage regulations" govern
nonconformities pertaining to parking and loading facilities, landscaping and signage.
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Sec. 7'10-60. Exceptions to limitations on the continuance of nonconforming uses and
structures.(A) Moving, relocafrng. Moving of a nonconforming structure or use as a result of
governmental action shall not require the structure or use to conform to the regulations for
the zoning district in which it is located afler it is moved.(B) Historical structures. Enlargements or alterations to a nonconforming historic structure
listed in the National Register of Historic Places or the Florida lnventory of Historic Places
shall be permitted provided that:(1) The enlargement or alteration does not exceed the nonconforming yard or height
established by the existing structure and is otherwise in compliance with all other
applicable land development regulations; and(2) A certificate of appropriateness for the enlargement or alteration has been obtained
as required by chapter 8, article Xl.(C) Discontinuance of nonconforming use of structure, or land and structure. A
nonconforming structure may be unoccupied, and a nonconforming use of land and
structure in combination, may be discontinued for a period of not more than six (6)
consecutive months without constituting discontinuance, provided that governmental
action that impedes access to the premises shall not count toward the six (6) month
period.
(D) Discontinuance of nonconforming use of land without structure. A nonconforming use ofland without a structure may be discontinued for a period of not more than sixty (60)
consecutive days without constituting discontinuance.(E) Discontinuance of mobile home or recreational vehrcle. Removal of a mobile home or
recreational vehicle located on an individual lot in a zoning district not permitting that use
in excess of six (6) consecutive months shall constitute discontinuance.(F) Maintenance, repairs and improvements.(1) lf damage is not substantial as defined in this Land Development Code, all repairs
shall be completed (see sec. 725-30, "Construction, completion of) within one (1)
year after damage occurs or such use or structure can be rebuilt and reused only in
conformity with the code requirements in effect at the time of repair, reconstruction
and establishment of a new use(2) Normal maintenance, repair and incidental alteration of a nonconforming structure or
a structure containing a nonconforming use is permitted, provided it complies with all
building code requirements and does not extend the area or volume of spaceoccupied by the nonconforming use. A structure containing residential
nonconforming uses may be altered in any way to improve interior livability.
However, no structural alterations shall be made which would increase the number of
dwelling units.(3 Nonconforming structures or structures devoted to nonconforming uses may be
improved as long as the improvement complies with all code requirements and does
not constitute a substantial improvement as defined in this Land Development Code.(G) single-family dwellings; special provisions. Nonconforming single-family structures
located in any RS-6000, RD-8000, RS-8000, or NBHD-RES district, and which conform tolhe use regulations of the applicable district, may be reconstructed and added onto,
provided the following conditions exist or are met:(1) Reconstruction after destruction by any means is permitted within thenonconforming footprint that existed prior to destruction. Rebuilding beyond the pre-
destruction footprint is also permitted subject to the provisions of this subsection.(2) Additions shall maintain a minimum front yard of fifteen (1s) feet in the NBHD-RES
district and twenty- (25) feet in the RS-6000, RS-8000 and RD-8000 districts, a
City of Dania Beach 321 Draft: August 2010
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Land Development Code
minimum reat yatd of fifteen (15) feet, a minimum interior side yard of seven (7) feet,
and a minimum corner street side yard of fifteen (15) feet.(3) Additions to a single-family dwelling with an existing five (S)-foot interior side setback
may provide a minimum five (s)-foot side setback for a maximum thirtyJive (3s)Joot
distance along the five-foot side setback line. Additions to dwellings, or sides of
dwellings, with conforming setbacks shall provide the side setback currently required
in the applicable zoning district. This section applies to ground floor additions to
single-family residences only.(4) Any addition designed or used for the conversion of a single-family dwelling into a
two-family dwelling must comply with all code requirements.
Nonconforming two-family and townhouse dwellings; special provisions- Nonconforming
two-family dwellings and townhouses in RD-8000 and RM districts formerly zoned
Broward County RD-10 or RM-10, may be rebuilt to their existing setbacks and extensions
(i.e. structure envelope), provided that each unit is situated on its own fee simple lot.
IROM and IROC districts; special provisions.
ln the IROM and IROC districts, any group of structures designed as a single site or
operating as a single site (hereafter called a "project") as of the date that any portion of the
structures or uses in the project became nonconforming shall be subject to the following
provisions that supersede conflicting provisions of this article.(1) The location of nonconforming uses within structures located in the project may
change as long as the total square footage of those respective uses is not increased
within the project.(2) lf sixty-five (65) percent or less of the gross floor area of the structures within a
project is destroyed by casualty or act of God, the nonconforming structure(s) may
be restored or reconstructed to the pre-destruction location and configuration so long
as the gross floor area of the structure(s) is not increased. lf a structure contains
multiple spaces, the spaces may be combined so long as such combination does not
expand a nonconforming use in a manner inconsistent with paragraph (1), above.
(t)
Sec. 710-70. Nonconforming lots of record.(A) A lot of record that is nonconforming as to minimum required lot area, width or depth may
be used for any use permitted in the zoning district within which the lot is located, provided
that development of the lot complies with all requirements of this code other than for size
and dimensional, and further provided that specific uses that are required to have greater
plot area or dimensional requirements than the minimum established for the zoning district
shall not be permitted on a nonconforming lot of record
(B) A nonconforming lot of record shall not be reduced in area or dimension.
City of Oania Beach 322 Draft: August 2010
Land Development Code
ARTICLE 715. DEPARTMENT OF COMMUNITY DEVELOPMENT.
[This will replace the same provisions of Ch. 19]
Sec. 7{ 5-'10. Established.
The department of community development is established as an administrative branch or
division of the City of Dania Beach and shall be comprised of the following divisions, to-wit:
planning and zoning, building permitting and inspections, code enforcement, business tax
receipts and all other functions necessary in connection therewith.
Sec. 715-20. Director-Position established.
The position of director of community development is established, which director shall not be in
the classified servrce, but shall be appointed by the caty manager and shall serve at the pleasure
of the city manager at a salary established by the city manager.
Sec. 715-30. Same-Duties and powers.
The director of community development shall serve under the direction of the city manager and
shall have charge of all matters relating to supervision and control of the improvement and useof land, the construction and erection of buildings and the enforcement of the building and
zoning ordinances and codes that are applicable within the city of Dania Beach, and shall
perform such other duties as may be delegated to him by the city manager.
Sec. 715{0. Building official and inspectors.
There shall be a building official, a building plans examiner, a building inspector, a chief
electrical inspector, a chief plumbing inspector, a chref mechanical inspector, and as many
assjstant inspectors and clerks, secretaries and other employees as may be deemed necessary
by the building official to properly operate the division.
Sec.715-50. Code compliance official and inspectors.
There shall be a code compliance official and code compliance inspectors charged with the
enforcement of this Land Development Code,.
City of Dania Beach 323 Draft: August 2010
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Article 725 Land Development Code
ARTICLE 720. PLANNING AND ZONING BOARD,
[Delete Part ll, Chapter 19, Article ll except for the following]
Sec. 720-10. Created; appointment.
The city planning and zoning board as created by Part lX, Article 2 of the City Charter, shall be
appointed by resolution of the city commission. Provided, no city employee shall be eligible for
membership on said board.
Sec.720-20. Planning and zoning board general duties; authority.
It shall be the duty of the city planning and zoning board:
(A) To act in an advisory capacity to the city commission on questions relating to zoning, and
to conduct investrgations and hearings on matters of proposals to change zoning and land
development regulations, and report its findings and recommendations on such proposals
to the city commission;(B) To study the comprehensive plan and other existing city plans, with the view to improving
same so as to provide for the development, general improvement, and probable future
growth of the city, and from time to time make recommendations to the city commission for
-hanges in the existing comprehensive plan or for the adoption of a new comprehensive
plan is required by sec. '163.319'1, F.S. "Evaluation and Appraisal of Comprehensive
Plan";(C) To investigate and recommend approval or disapproval of all plats to be represented to the
city commission for consideration;(D) To approve small-scale site plans, as defined in sec. 635-20, and as provided in sec. 635-
70;(E) To grant variances and special exceptions associated with small-scale site plans;
(F) To serve as the local planning agency of the City of Dania Beach, Florida.
(G) To act in an advisory capacity regarding waivers of distance requirements for
establishments licensed to serve liquor on-premises.
(H) To perform such other duties as may from time to time be assigned to such board by the
city commission.
sec. 720-30. Elections of officers; rules of procedure; recommendations to be written.
The city planning and zoning board, upon its organization, shall elect a chairman and a
secretaiy and shall adopt regulations and rules for the conduct of its meetings, and the time and
place of its meeting. Any and all recommendations made by the city planning and zoning board
to the city commission shall be made in writing so that a proper record may be kept.
Sec. 720-50. Procedures.
All regular and special meetings of the planning and zoning board, shall be open to the
public at all times and noticed in accordance with state law.
The members of the board shall be notified of the conduct of any special meeting at least
twenty-four (24) hours prior to the conduct of any such meeting.
(A)
(B)
City of Dania Beach 324 Draft: August 2010
Sec. 72040. Meetings.
The regular meetings of the City Planning and Zoning Board of the City of Dania Beach shall be
held monthly at a date and time specified, and special meetings may be called more frequently,
as determined to be necessary.
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ARTICLE 721. AMORTIZATION OF REGULATED USES
Sec. 721-1 0. Amortization of Regulated Uses(1) Any regulated use as defined in sec. 1'15-50, lawfully operating on September 15,2001,
that is in violation of article 115 shall be deemed a nonconforming use. The nonconforming
use shall be permitted to continue for a period not to exceed three (3) years, unless
terminated earlier for any reason or discontinued for a period of ninety (90) days or more.(2) Such nonconforming uses shall not be increased, enlarged, or extended. Buildings or
premises devoted to nonconforming uses shall not be increased, enlarged, or extended.
Buildings or premises devoted to a nonconforming use shall not be altered in any way
except to be changed to a conforming use. Alteration shall mean any change, addition, or
modification in conslruction or occupancy. Normal maintenance and repair shall be
permitted.(3) lf two (2) or more existing regulated uses are within one thousand (1 ,OOO) feet of one
another but are otherwise in a permissible location, the regulated use which was first
established and continually operating at a particular location is the conforming use and the
later-established business(es) is (are) nonconforming. However, an existing regulated use
that is not located in a permissible location (and will therefore be amortized out after three(3) years) shall not be used to prevent the location of a regulated use in a permissible
location that is within one thousand (1,000) feet of the amortized use,s property line.(4) A regulated use lawfully operating as a conforming use is not rendered a nonconforming
use by the subsequent location of an incompatible use as set forth above within one
thousand (1,000) feet of the regulated use. This provision applies only to an ongoing
regulated use, not to a regulated use that has been terminated for any reason or
discontinued for a period of ninety (90) days or more subsequent to the location of the
incompatible use.
ARTICLE 725. DEFINITIONS.
Sec. 725.10. General constructaon of terms.
For the purpose of this Land Development Code, certain terms are defined. When not
inconsistent with the context:(A) Words used in the present tense include the future, words in the singular number include
the plural and words in the plural number include the singular number.(B) The word "shall" is always mandatory and not merely directory.(C) The word "may" is permissive.(D) The word "or'' shall mean "either or both", or "any or all"" unless the context dictates
otherwise.(E) The words "including" and "such as" shall always mean that the listed items following said
words are not all inclusive, and shall be read as if the words, ,,but not limited to,, follow,unless the context is qualified and clearly states otherwise (ex: "including only the
foliowing:").(F) The word "used" shall include arranged, designed, constructed, altered, converted, rented,
leased or intended to be used.(G) The words "designed" and "intended" shall include the word "used,,(H) The word "occupied" includes arranged, designed, built, altered, converted, rented orleased, or intended to be occupied.(l) The word "land" shall include water surface.
City of Dania Beach 32s Oraft: August 2010
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(J)The phrase "use of land" shall include use of buildings and other structures unless the
otherwise specified otherwise.
The word "person" includes individuals, firms, corporations, associations, trusts, joint
venture, partnership, estate, syndicate, fiduciary, government agency, two (2) or more
persons having a joint or common interest, any combination of the preceding, and other
similar entities.
The word "City" shall mean the City of Dania Beach, Florida.
The word "Commission" shall mean the City Commission of Dania Beach, Florida
The word "Commissioner" shall mean the members of the city commission.
The word "County" shall refer to Broward County, Florida.
The word "Code" shall refer to this Land Development Code.
The term "Code, of Ordinances" shall mean the Code of Ordinances of the City of Dania
Beach, Florida.
The word "Plan" shall mean the adopted City of Dania Beach Comprehensive Plan.
The word "Manager" shall mean the City Manager of the City of Dania Beach, Florida.
Any reference to the City Manager, City Attorney, Public Services Director, Director of
Community Development, or other administrative official of the City of Dania Beach,
Florida, shall include their designees.
Any reference to Florida statutes, Florida Administrative code, the Florida Building code,
the Broward county code, the code of Federal Regulations, or any other official rule or
law shall be construed to include the language, "as may be amended from time to time"
unless otherwise specified.
(K)
(L)
M)
Sec. 725-20. Abbreviations.
The following abbreviations are used in this Land Development Code, and are intended to have
the
following meanings:
P
o
(R)
(s)
(r)
(u)
ac
adj
BCLUP
BCPC
bldg.
EPGMD
acre
adjacent to
Broward County Land Use Plan
Broward County Planning Council
building
Environmental Protection and Grovvth Management Department (Broward
County)
dwelling unit
Florida Administrative Code
floor area ratio
FEMA Flood Elevation
Future Land Use Plan Map of the Comprehensive Plan
foot
Florida Statutes
gross floor area
land development code
level of service
landscaping
maximum
minimum
non-vehicular access line
National Vertical Geodetic Datum (1929)
parking
du
F.A.C.
F,A.R.
FFE
FLUM
ft.
F.S.
GFA
LDC
LOS
l. s.
max.
min.
NVAL
NVGD
pks
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Article 725 Land Development Code
require or required
right-of-way
section
square feet
subsection
street
single-family residence
vehicular use area
greater than
less than
equal to
Sec. 725-30. Terms defined.
Any term not defined in this section shall have the meaning given by the most recent edition ofWebstels Unabridged Dictionary.
Acre, gross. Forty{hree thousand five hundred and sixty (43,560) square feet of land area,
which includes contiguous, private property under the same ownership and adjoining right-of-way or ingress/egress easement dedicated from such private property, which is typically
measured to the street centerline.
Acre, net. Forty{hree thousand five hundred and sixty (43,560) square feet of contiguous,
private property under the same ownership..
Adaptive re-use. The reconfiguring of a building to accommodate a use for which the building
was not designed.
Adiacent. Separated only by a righlof-way for a street, alley, primary power transmission lines,
railroad, or a waterway.
Administrative rules documenf. A publication containing rules, guidelines, procedures, and
methodologies reviewed, revised, adopted and amended by the Broward county planning
Council for the purpose of providing assistance and guidance to local governmental entities and
providing direction to city staff in implementing the Broward County Land Use plan.
Adult residential care facility. Any housing facility for one hundred (1oo) or more elderlyresidents situated on property which has direct access to and is adjacent to either a minorarterial containing at least one hundred ten ('l 10) feet of right-of-way or a princrpal arterial as
designated on Broward County Trafficways Plan, which facility contains units with no more thanone sleeping room regardless of the number of accessory rooms rncluding living rooms and
bathrooms; and contarns a central dining facility which serves at least one full meal per day; andprovides central housekeeping services to its residents no less than weekly; and employs a full-
City of Dania Beach 327 Dran: August 2010
requ.
R.O.W.
sec.
sq. ft. or sf.
subsec.
st.
SFR
VUA
Academic schoor. See school, academic.
Access arlsre, An element of off-street vehicular use areas providing direct vehicular access to
off-street parking spaces.
Accessory use, building or structure. A subordinate use, building or structure customarily
incidental to, and located upon, the same lot occupied by the main use, building or structure.
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Article 725 Land Development Code
time registered nurse on call to the residents; and provides planned activities, which activities
may include, but are not limited to, socral, educational and recreational activities; and may
provide on-site dispensing of drugs under the supervision and control of a licensed physician as
an accessory use.
Atcohotic beverages. All beverages containing more than one half of one per cent (0 5%) of
alcohol by weight.
Alcohotic beverage estabtishment. Any establishment devoted primarily to selling or
dispensing and drinking alcoholic beverages, or any place where a sign is displayed indicating
that alcoholic beverages are obtainable for consumption on the premises. The terms "bar" and
"lounge" shall have the same meaning as this term.
Alley. A right-of-way generally not less than twenty (20) nor greater than twenty-five (25) feet in
width that affords vehicular access to abutting property. Alleys are not officially designated as
streets, and are not intended to serve the general traffic circulation function of a street.
Amusement center. A permanent building housing mechanical amusement devices, automatic
merchandise vending machines, or juke boxes without respect to number, except that
mechanical amusement devices permitted as an accessory use pursuant to sec. 110-60 shall
not be considered amusement centers.
Amusement device, mechanical. See mechanical amusement device.
Anchor business. A commercial, industrial or institutional entity occupying thirty{hree (33)
percent or more of gross leasable area of any shopping center, office or commercial building,
office complex and park or industrial complex and park.
Antique store. A business establishment in which objects that are principally antique in nature
are offered for sale; such objects typically having special value or significance because of their
age or rarity, and having been made in, or associated with, an earlier period of history.
Apartment. A dwelling unit located within a building containing at least 3 dwelling units or
devoted primarily to non-residential use.
Pubtic Assembly, place of. See place of public assembly.
Auction house. An establishment where new or used goods or tangible items are sold through
means of a request or invitation for bids, exclusive of retail and wholesale sales.
Aulo rental /ot A lot upon which passenger automobiles for active rental purposes only are
stored or parked.
Automobile. A motor vehicle designed, marketed and commonly used by the general public for
personal, noncommercial transportation on public streets, including a car, pickup truck,
motorcycle, sports utility vehicle, or minivan. Mobile homes, trailers and recreational vehicles
are not automobiles for purposes of these regulattons.
Automobile dealership. A sales franchise or unit of an automobile manufacturer selltng new
automobiles. Used automobile and light truck sales, and minor automobile repair may comprise
accessory uses to the sale of new vehicles.
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Automotive, motor vehicle repair, major. Rebuilding or reconditioning of motor vehicles,
including engines and drive trains; collision service including body, frame or fender straightening
or reparr, painting or paint shop.
Automotive repair, minor. Routine maintenance services, upholstering, replacement of parts
and motor service to automobiles, but not including any operation listed under "motor vehicle
repair, major" or any other operation similar thereto.
Automobile sa/es, used. Any property used for the display or sale of automobiles that have
been, or are advertised as having been, previously leased or owned. The display or sale of an
automobile on a lot containing a single-family or duplex dwelling shall be considered an
accessory use to the dwelling if the vehicle for sale was used for the personal transportation of
the owner or tenant of the dwelling unit occupying the lot upon which the vehicle is displayed or
sold, and further provided that no more than two (2) automobiles are displayed or sold within
any twelve (12) month period on any such lot.
Awning ot canopy. An accessory structure either temporarily or permanenfly attached to a
building, which is supported by an open framework and covered by fabric. This structure is
intended to cover building entrances and srdewalks and protect pedestrians from environmentalelements. When completely or partially supported by ground supports, shall be deemed a
canopy.
Bar. See "alcoholic beverage establishment."
Basemenl. A story with a finished floor two (2) feet or more below the adjacent grade andhaving not more than one-half ( 112) of its height above the average grade at the perimeter of
the story. A basement shall not be considered a story with regard to height regulations if no part
of the basement exceeds eight (8) feet above N.V.G.D., The exterior walls or exterior faces of
supporting columns of a basement of a building are subject to required setbacks as required for
the building unless otherwise provided in the code for subterranean parking.
Basement, sub-. A basement that does not exceed in height the lowest point of the public
sidewalk abutting the property, or the public street if there is no public sidewalk.
Boardinghouse. An establishment providing transient lodging that is not considered a hotel or
bed and breakfast dwelling.
Boat Any contrivance designed to be propelled through the water, or any boat so licensed bythe state, excepting air boats. Broward county Land lJse plan. The future land use plan
element for all of Broward County adopted by the Broward County Commission in conformancewith the requirements of the Broward county charter and the Local Government
Comprehensive Planning and Land Development Regulation Act.
City of Dania Beach 329 Dlaft: August 2010
Bed and breakfast dwelling. An owner-occupied and operated detached dwelling unit that
offers sleeping accommodations without individual food preparation facilities, and at least one
meal per day prepared within a centralized kitchen for transient guests, for a nighly fee, and
which does not utilrze outside services or employees, except for those customarily found in
single-family residential neighborhoods such as housekeeping and landscape maintenance.
Bed and breakfasts accept reservations directly on the premises and advertise themselves as a
bed and breakfast.
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Afticle 725 Land Development Code
Broward County Trafficways Plan. fhe plan promulgated by the Broward County Planning
Council pursuant to Chapter 59-1154, Laws of Florida, as amended, and the Broward County
Charter, which deprcts a network of trafficways for Broward County (also known as the Broward
County Planning Council Trafficways Plan).
Building. A roofed structure enclosed on all sides by walls and covered openings such as
doors and windows, which is used or designed for the shelter or enclosure of persons, anlmals,
or property. The term is inclusive of any part thereof. Where independent units with separate
entrances are divided by party walls, each unit is a building.
Building, altached. An attached building shall mean a building which has one (1) or more
party walls in common with adjacent buildings.
Building code. The Florida Building code, inclusive of Broward county amendments, as may
be amended from time to time.
Building permiti
a. Any permit required by the building code precedent to development activity. For the
purpose of article 805, concurrency determinations, a building permit is any permit for a new
building or addition to an extsting building that would:
1 . Create one or more additional dwelling units, or
2. lnvolve a change in the occupancy of a building pursuant to the building code
Building, principal. (1)A building that is occupied by, or devoted to, a principal use. (2) A
proposed addition to an existing principal building that is the same size or larger than the
existing building.
Butkhead line. An official line therefore established by the city of Dania Beach and
appropriately recorded:includes canal line.
Business, Anchor, See Anchor Busrness.
Busiress, Office. See o/'flce, bustness.
Cabana (pool house). An accessory structure usually used in connection with outdoor bathing,
providing enclosed space for showering or changing clothes, with recreational cooking, bar
facilities or both, but no sleeping rooms.
Canopy. See awning, canopy.
Canopy/shade free. See tree, shade/canopy.
capital improvement. Physical assets constructed or purchased to provide, improve or
replace a public facility and which are large scale and high in cost. The cost of a capital
improvement is generally nonrecurring and may require multi-year financing. For the purpose of
City of Dania Beach 330 Draft: August 2010
Buitding group. Three (3) or more townhouse units attached as a single dwelling, and
separated from any other building by a yard.
Building height. See height, building.
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Article 725 Land Development Code
thts rule, physical assets which have been identified as existing or projected needs in the
individual comprehensive plan elements shall be considered capital improvements.
Carport. A canopy, roof-like structure, or shed, open on two (2) or more sides and attached to
the main building for the purpose of providing shelter for one or more motor vehicles.
Catering establishment. An establishment that prepares and supplies food to be consumed
off premises at a different location, but not from the vehicle in which the food is transported
Check cashing sfore. Any business other than the United States postal Service which
provides check cashing, currency exchange, or money transmitting or remittance services, or
issues or redeems money orders, travelers' checks, and other similar instruments.
Cig. fhe City of Dania Beach, Florida.
City Attorney. The City Attorney of the City of Dania Beach, Florida, or designee.
City Clerk. The City Clerk of the City of Dania Beach, Florrda, or designee.
City Commissior. The City Commission of the City of Dania Beach, Florida.
city community Development Director. The Director of the community services
Department, or designee, of the City of Dania Beach.
City Engineer. The City Engineer of the City of Dania Beach, Florida, or designee.
City Manager. The City Manager of the City of Dania Beach, Florida, or designee
Crinrc. See office, medical.
Club, private. See private club.
cluster development, singlefamily. A development of single-family detached dwellings
located on small lots in exchange for substantial commonly owned and maintained open space.
College. See school, college.
Commencement of construction. See consfruction, commencement of.
Commercial. Engaged in a business, enterpnse, activity or other undertaking for profit.
Commercial zoning district. See drstricl commercial.
Commercial vehrcIe. See vehicle, commerclal..
Common area. A room or designated area within a building or complex of buildings zoned for
multifamily residential use served by shared or public parking areas, which is reserved for theexclusive use of the residents of the building or complex and their invited guests, and is anaccessory use to the primarily residential use of such buildings.
Common open space. See open space, common.
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Communication tower.
telephone service.
A tower designed and used for sending and receiving cellular
Community facirity. A non-commercial use that provides a community service including but
not limited to civic uses, or an institutional use whether or not commercial.
Compatible with. Not in conflict with
Completion of construction See conslruc,on, completion of.
Comprehensive plan. the adopted City of Dania Beach Comprehensive Plan.
Concurrency. The statutory requirement that public facilities and services needed to support
development shall be available at the same time or corncidental with the impacts of such
development, as provided by law.
Concurrency management system. The provisions in the comprehensive plan and article 805
of this code, encompassing the restrictions, methods, resources, timing and solutions intended
to be compatible with and further compliance with the statutory requirement to provide public
facilities and services needed to support development concurrent with the impacts of such
development.
condominium-hotet. A building or any part of a buiiding, in which rooms, keys, or dwelling
units are owned by an individual, corporation, or any other legal entity and rented to the public,
on a daily, weekly, or monthly basis, and which maintains an inner lobby and front desk which
all occupants must paSS to gain access. Rooms, keys, or dwelling units are accessed solely
through interior hallways, even on ground floors, and generally have kitchens (i.e., microwave,
stove, and refrigerato| for use by the occupants. A condominium-hotel shall nol be considered
a residential use, and as such, no room, key, or dwelling unit shall be occupied by its owner for
more than ninety (90) days in any consecutive twelve-month period.
Consignment store or shop. A business establishment in which secondhand merchandise is
offered for sale, such merchandise is placed for sale with the business establishment by the
owner of the item of merchandise and upon sale of the item the purchase price is divided
between the business establishment owner and the owner of the item.
Consistent. Compatible with and furthers.
Construction, commencement of. The first placement of permanent evidence of a structure
on a site pursuant to a duly issued building permit, such as the pouring of slabs or footings.
Permanent construction does not include the installation of Streets, walkways or other
infrastructure, nor does it include excavation or erection of temporary forms.
Construction, comptetion of. Construction shall be completed upon issuance of a certificate
of occupancy or certificate of completion, as appropriate.
convenience store. A retail establishment, generally five thousand (5,000) square feet or
Smaller, that sells a variety of convenience goods, such aS prepackaged snack and food items,
tobacco, periodicals, beverages, household goods, automobile accessories, hardware,
pharmaceutical items, prepared foods, and other popular, non-specialty items that consumers
Gity of Dania Beach Draft: August 2010332
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Article 725 Land Development Code
generally use or consume frequently, or require on short notice, and which stocks smaller
varieties of any type of good than would ordinary general purpose stores or specialty stores
such as grocery stores, home supply stores, pharmacies, and hardware stores. May also offer
convenience services such as limited banking services. Convenience stores are often
associated with another use, such as motor fuel pumps or fast-food restaurants.
Convention hal/. A building or portion of such building designed or used to facilitate large
exhibitions and assemblies such as trade shows, or multiple smaller assemblies.
Corner lot. See lot, corner.
Corner street line, See street /lne. corner.
Corner side yard. See yard, comer side.
Cornice. A continuous, molded ornamental projection that crowns a wall at the top of the
building's structural beam.
CRA form-based districts. See dlstrrcts. CRA form-based
customer service area. An area devoted to a customer lobby, waiting area, food or beverage
service or consumptron, customer line cueing, self-help computer terminals or form stations,
information kiosk or counter, customer service counter including the support area behind the
counter not otherwise classified as office, and other similar areas devoted to interface between
general walk-in customers and employees, terminals or machines intended to serve the walk-in
customers. Forfood preparation establishments,
Day care center. A nonresidential facility that provides supervision and care of persons forperiods of less than twenty-four (24) hours a day.
Day care home, family. See family day care home.
Dealership, automobile. See automobile dealership.
Density. The result of the number of dwelling units on a lot divided by the area of the lot
expressed in acres. The acreage of land area used in density calculations shall be the gross
acreage of the land area, unless othenarise specified in these regulations.
Department. The Community Development Department of the City of Dania Beach
Developer. Any person, including a governmental agency, undertaking any development.
Development. The carrying out of any bualdlng activity or mining operation, the makrng of any
material change in the use or appearance of any structure of land, or the dividing of land intotwo (2) or more parcels. Development includes all other development customariiy associated
with it unless othenrvise specified. When appropriate to the context, developmenl refers to theact of developing to the result of development. Reference to any specific operation is notintended to mean that the operation or activity, when part of other operations or activities, is not
development. Reference to particular operations is not intended to limit the generality of this
definition.
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The following activities or uses shall be taken for the purposes of this Land Development Code.
to involve development.(A) A reconstruction, alteration of the size or materral change in the external appearance of a
structure on land.(B) A change in the intensity of use of land, such as an increase in the number of dwelling
units in a structure or on land or a material increase in the number of businesses,
manufacturing establishments, offices, or dwelling units in a structure or on land.
(C) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including
any "coastal construction" as defined in Section 16'1.021 Florida Statutes.(D) Commencement of drilling, except to obtain soil samples, mining, or excavation on a
parcel of land.(E) Demolition of a structure.(F) Clearing of land as an adjunct of construction.
(G) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(H) lnstallation of utilities.
The following operations or uses shall not be taken for the purpose of this Land Development
Code, to involve development as defined in this section:
(A) Work by a highway or road agency or railroad company of the maintenance or
improvement of a road or railroad tract, af the work is carried out on land within the
boundaries of the rightof-way.(B) Work by any utility and other persons engaged in the distribution or transmission of gas or
water, for the purpose of inspecting, repairing, renewing, or constructing on established
rights-of-way any sewer.
(C) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work
affects only the interior or the color of the structure or the decoration of the exterior of the
structure.(D) The use of any structure or land devoted to dwelling uses or any purpose customarily
incidental to enjoyment of the dwelling.(E) The use of any land for the purpose of growing plants, crops, trees, and other agricultural
or forestry products; raising livestock; or for other agricultural purposes.
(F) A change in use of land or structure from a use within a class specified in an ordinance or
rule to another use in the same class.
(G) A change in the ownership or form of ownership of any parcel or structure.
(H) The creation or termination of rights of access, riparian rights, easements, covenants
concerning development of land, or other rights of land.
Development order. Any order granting, denying, or granting with conditions an application for
a development permit.
Development perrnrt. lncludes any building permit, zoning permit, plat approval, or rezoning,
certification, variance, or other action having the effect of permitting development.
Director. See Clfy, Community Development Director.
District. One of the zoning districts of the City of Dania Beach as enacted or otheMise adopted
in this code.
District, commercial. A zoning district that permits principal commercial uses and which may
permit essential services and community facilities. The following are commercial zoning
drstricts: C-1, C-2, C-3, C-4.
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District, CRA form-based. Any of the zoning districts of part 3, subpart 1 of this code. The
following are CRA form-based districts: CC, SFED-MU, EDBB-MU, GTWY-MU and NBHD-MU
mixed-use districts, and the NBHD-RES residential district.
District, industrial. A zoning district that permits industrial uses. The following are industrial
zoning districts: lG, lR, lRO, IROM, IROC, MA-1, PEDD
District, mixed-use. A zoning district that permits both commercial and residential principal
uses in the same building or on the same lot within separate buildings. The following are mixed-
use zoning districts. Ro, cc, EDBB-MU, SFED-MU, cTWy-MU, NBHD-MU.
District, nonresidential. A zoning district that does not permit principal residential uses. The
commercial and industrial districts are nonrestdential districts.
District, residential. A zoning district that permits principal residential uses and which maypermit essential servaces and limited community facilities. The following are residential zoning
districts: E-1, RS-'18000, RS-12000, RS-8000, RS-6000, RD-8000, RM, RM-1 , RM-2, pRD-1,
RMH, and NBHD-RES.
Dock. A structure built over or on the water which is designed or used to provide anchorage for
and access to one or more boats at anchorage. Necessary service for boats, such as water and
other utilities, are considered a part of a dock.
Drainage facilities. A system of manmade structures designed to collect, convey, hold, divert
or discharge storm water, and includes storm water sewers, canals, detention structures, and
retention structures.
Drive-ln Restaurant. See restaurant. drive-in
Drive-through restaurant. See restaurant, drive-through.
Driveway. 1) the paved area leading from the edge of a street pavement to the street line for
the purpose of connecting an off-street vehicular use area with a street; 2) a circulation element
of off-street vehicular use areas that provides access to off-street parking spaces from a street
or alley; 3) in relatively large multiple-family and nonresidential developments that have, or are
required to have, a hierarchy of on-site vehicular circulation elements, a driveway is a paved
surface that connects access aisles, fire zones, drop-off areas and loadtng spaces, butgenerally does not provide direct access to parking spaces.
Drug store. A retail pharmacy, with or without a drive lane, unless otherwise specified in this
Code.
Dwelling. A building or portion of such building designed or used exclusively for residential
occupancy, but not including trailers, campers, mobile homes, hotels, motels, motor lodges,
boarding houses, or tents.
Dwelling, bed and breakfasf. See bed and breakfast dwelling
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Dwelling, singlefamily. A detached building designed for, and occupied exclusively by, one
family and located upon its own lot of record that is not shared with any other dwelling, except
as may be provided in this code for an accessory dwelling unit.
Dwelling, multiple or mutti-family. (Commonly known as an apartment house.) A building, or
portion of such building, used or designed as a residence for three (3) or more families living
independently of each other, having individual living units with each unit having cooking facilities
and containing a living room, one or more bedrooms, or both.
Dwelting, two-family. A detached building designed for, or occupied exclusively by' two (2)
families living independently of each other.
Dwetting unit A room or group of rooms designed, used exclusively or occupied as separate
living quarters by a single family.
Dwelling unit, mobile. See mobile home.
Dwelling unit, special residential facitity. A room or group of rooms, located within a special
residential facility, that is designed or occupied as separate living quarters for no more than two
(2) residents and contains no more than one (1) sleeping room regardless of the number of
accessory rooms, including living rooms and bathrooms.
Dwelting unit, time share. A short{erm use of a residential dwelling unit that is jointly owned
by seveial persons or entittes, each of which is authorized to occupy the premises for short
periods of time, such as two weeks, often used for vacation purposes.
Dwelting, townhouse. A single-family dwelling that is attached along one or both sides by a
party witt to other such dwellings of similar design, and forming a group of at least three (3)
attached dwellings, such that each dwelling has its own individual entrance at grade level from
outside, and has no other unit above, below, behind or in front of it.
Efficiency. See studlo or efficiency.
Employment agency. A professional business office where interviewing, testing, referring and
otner idministritive functions relating to professional, technical, administrative or clerical
employment and hiring are performed. No outside activities are conducted, and employees do
not typically report to the location prror to going to the jobsite.
Enteftainment, /ive. See live entertainment.
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Essential seryices. Utility facilities, excluding water and wastewater treatment, pumping
stattons, power plant substations and transmission facilities and solid waste disposal and
transfer siations, hazardous (medical or similar uses) waste; or public safety facilities such as
fire stations and police stations.
Excavation. The digging, stripping or removal by any process of natural materials or deposits
from their natural state and location, said materials and deposits to include rock, stone,
minerals, shell, sand, marl, muck and soil, but not including sod. Excavation as used in this
section shall not include digging for foundations, fences, structures or incidental to construction
work, during which digging activities no materials are removed from the premises, except
surplus not required for backfill or grading of premises.
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Extended stay hofer. See hotel, extended stay.
Fagade. The elevational surface of a building; the outside face of the perimeter walls of a
building.
Family. Any of the following living together as a single housekeeping unit in a dwelling unit: an
individual; two (2) or more persons related by legal adoption, blood or a licit marriage; a group of
not more than three (3) persons who need not be related by blood or marriage; or a group of
persons that are disabled as defined by federal law.
Family day care home. An occupied residence in which child care is regularly provided for
children unrelated to the residents of the premises by a resident of the premises, which receives
a payment, fee, or grant for any of the children receiving care, whether or not operated for profit,
and may be regulated by F.S. $ 402.313 and may be registered or [censed with the Department
of Children and Family Services in compliance with State Law. Not included in thts definition are
private residences used for an informal cooperative arrangement among neighbors or relatives,
or the occasional care of children with or without compensation.
Fast food restaurant. See restaurant, fast food.
Fenestration. Windows and other exterior openings of a building.
Financial instilution. A bank, credit union or similar establishment where in-person consumer
banking activity takes place.
Floor area, gross. The sum of the horizontal area of all floors of all stories of a building or
structure under roof, including private garages, and excluding basements and sub-basements,
covered parking and loading areas, and parking structures. Enclosed floor area is measured
from the exterior face of exterior walls, and from the centerline of a wall separating two
buildings, ln restaurants, gross floor area shall also include any outdoor or patio floor area used
or designed for use for customer service, whether or not under roof.
Floor area, public use.(A) ln hotel/motel and apartment complexes, the lobby area, recreational building, and areas
specifically used for recreational uses within the building.(B) ln all other categories of use, the area devoted to the principal use or actjvity.(C) No open air public use shall contribute to the calculation of public use floor area.
Floor area ratio. The gross floor area of the building or buildings on any lot divided by the area
of the lot.
Front. The side of the building or tenant space adjacent to a street yard, or where the main
entryway to the establishment is located, as determined by the community development director
based upon the intent of the regulation in which the term is used.
Front lot line. See lot line, front
Front street line. See street line. front
Front yard. See yard, front
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Frontage. The length of a property, building fagade or tenant space along a public right-of-way
on which it borders or faces, as applicable.
Fuel pump. See motor fuel pump.
Full service restaurant. See restauranl full service.
Garage, parking. See parking garage or structure.
Garage, private. An accessory building or portion of a dwelling that provides accessory
parking on the ground story only for residential uses on the same lot, and in which no business,
occupation or service for profit is in any way conducted.
Gas pump. See motor fuel pump.
General senrice and repair shop. An establishment that services and repairs household and
business items commonly delivered to the establishment by a consumer, such as appliances,
personal computers, fax machines, small business machines, furniture, knives and other
implements requiring sharpening or grinding, cameras, shoes, jewelry, watches and musical
instruments, but excluding automotive repair, and items repaired aS an accessory use to tool
and equipment sales and rental establishments.
Grade. The final level of the ground after filling or excavation, if any, pursuant to approved
development plans, unless otherwise specified. The term grade shall always mean finished
grade il lhe term as not specified as either existing or finished.
Height. For buildings, height is the vertical distance measured from plus eight (8) feet NVGD
datum to the tie beam of the top story.
Home occupation. A business activity conducted within a dwelling that is accessory to the use
of the building for dwelling purposes, that involves only members of the family who reside
permanently and continuously in the dwelling, and which does not diminish the residential
character of the dwelling. Home occupations do not include garage sales and yard sales or
home parties that are held for the purpose of the sale or distribution of goods or services. See
sec. 105-80.
Homeowners association. An incorporated, non-profit organization charged with the
maintenance of common facilities and amenities within a residential development through which
each property owner within the development is automatically a member and each parcel of
property under separate ownership is automatically subject to a charge for a proportionate
share of the expense of the organization's activity, such as maintaining open space and other
commonly owned facilities such as drainage areas, irrigation systems and landscape buffers.
This definition may also be applied to nonresidential developments where land has been
subdivided and each property owner must to belong to a similar organization that is responsible
for maintaining common facilities.
Hotel A building or group of buildings under singular ownership and control, containing
sleeping units---each having a private bathroom-for the purpose of providing transient
overnight lodging accommodations to the general public, typically for one (1) to ten (10) days,
for compensation. A hotet has a central inner lobby and front desk for on-site reservations,
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check-in and check-out, daily cleaning services and on-site management. A hotel may also
include additional services such as restaurants, meeting rooms, spas, entertainment and
recreational facilities. There is no distinction made in these regulations between a hotel and
motel. This definition specifically excludes bed and breakfasts.
H otel-co ndo m i nium, See co n do m i n i u m-h otel
Hotel, extended stay. A building or any part of a building in which sleeping units (not
individually owned) are rented to the public and which maintains an inner lobby and front desk
through which all occupants must pass to gain access. Sleeping rooms or units are accessed
solely through interior hallways, even on ground floors. Guest stays are generally five (5) to
thirty (30) days. Sleeping rooms or units generally have kitchens (i.e., microwave, stove, and
refrigerator) for use by the occupants.
Housekeeping unif. A non-transient individual or group of persons occupying a dwelling unit
with common access to, and use of, all living and eating areas, and all facilities for the
preparation and storage of food within the dwelling unit.
lmpervious. Any area of land that has been modified to reduce its natural ability to absorb and
hold rainfall. Any placement of any nonorganic material which prohibits penetration by liquids or
other soluble materials results in the creation of an impervious area.
lmprovements, required. lnclude, but are not limited to, paved streets, curbs and gutters,
paved sidewalks, paved alleys, , water mains and distribution lines, sanitary sewer mains and
feeder Iines, pump stations, storm sewers and drains, storm water retention areas, guardrails,
pavement marking and traffic control signs, landscaping, permanent reference monuments, and
permanent control points.
lndustrial district. See d/strict industrial
lndustrial, light. Any combination of research, fabrication, development and testing of finished
products intended for end users rather than for use by other industries for additional processing
Other uses may qualify as light industrial if they are compatible with residential use based upon
minimal negative externalities (noise, glare, smoke, odor, vibration, etc.) and the absence of
hazards sufficient quantities of explosives, volatile chemicals or other materials or processes
that pose a danger to adjacent land uses.
lnfrastructure, Those manmade structures which serve the common needs of the population,
including but not limited to sewage disposal systems; potable water systems; potable water
wells serving a system; solid waste disposal sites or retention areas; storm water systems;
utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments;
causeways, marines; navrgation channels; bridges; and roadways.
lnstitutional use. A non-profit or quasi-public use, such as a place of worship, library,
academic school, hospital or government-owned or government-operated structure.
Interior Lot. See lot, inteior.
lnterior side yard. See yard, interior side
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Juke box. Any music vending machine, contrivance or device which, upon the insertion of a
corn, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of
any price, operates or may be operated for the emission of songs, music or similar amusement.
Kitchen. A room designed or used for the cooking and preparation of food that contains, as
minimum equipment, a range or oven, sink and refrigerator.
Landscaping, required. Required landscaping shall consist of those plantings required by this
Land Development Code, including beautification strips, hedges, trees, planted ground cover,
sodded and grassed areas and planted floral installations, all of which must be composed of
natural plantings only as distinguished from artificial manufactured planting reproductions.
Large retail establishment. A retail establishment or any combination of retail establishments
in a single building or in separate buildings separated by a distance of less than fifty (50) feet
site-planned as a single development site, with a ground story footprint occupying more than
seventy-five thousand (75,000) gross square feet or a fagade dimension exceeding three
hundred (300) feet in length fronting any public street. lf more than sixty (60) percent of the floor
area of any retail establishment building is occupied by residential dwellings, then the building
shall not be consrdered part of a large retail establishment.
Levet of service. An indicator of the extent or degree of service provided by, or proposed to be
provided by a facility based on and regulated to the operational characteristics of the facility.
Level of service shall indicate the capacity per unit of demand for each public facility.
Light industrial. See industrial, light.
Live entertainmenf. Live entertainment shall mean facilities that present a band, disc jockey,
comic, stage show, theatrical performance, dancing, or organized, in-person entertainment on a
routine basis--either professional or amateur--and using live musicians, pre-recorded music or
soundtracks, with or without the sale or consumption of alcoholic beverages. Facilities that have
live entertainment on a Special event basis, such as a special fundraiser, art show, fair or
carnrval, or a temporary social event, are excluded from this definition.
Loading space. Space logically and conveniently located and reserved for bulk pickups and
deliveries.
Local Planning Agency. The Local Planning Agency of the City of Dania Beach, Florida'
created pursuant to F. S. Chapter 163, Part ll, and charged with the duties set forth in article
720. The planning and zoning board serves as the city's local planning agency.
Local street. See sfreel /ocal
Long-term storuge. See storage long-term.
Lot Any contiguous quantity of land capable of being described with such definiteness that its
location and boundaries may be established, and that will be used or developed as one unit,
and meet all on-site requirements of this Code within its boundary. For the purpose of this Land
Development Code, a /ot shall be taken to mean any number of contiguous lots of record or
portions of such lots not separated by a street or public way.
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Lot of record. A parcel of land as originally subdivided or subsequently re-subdivided and
properly recorded.
Lot, corner. A lot abutting upon two (2) or more streets at their intersection having an interior
angle of less than one hundred thirty-five (135) degrees.
Lot coverage. That percentage of the lot area covered or occupied by buildings and roofed
structures.
Lot depth. The distance that a lot extends back from the front lot line, as measured in sec
210-10.
Lot, interior. A lot other than a corner lot
Lot line, front. The lot line abutting a street. For corner and multiple-frontage lots, see
sec.215-20 and sec. 2'15-30, respectively, for standards guiding the determination of the front lot
line(s)
Lot line, rear. fhe lot line opposite the front lot line
Lot line, side. Any lot line other than a front or rear lot line. A side lot line separating a lot from
a street ls called a corner side lot line and a side lot line separating a lot from another lot is
called an interior side lot line. See also street line, corner.
Lot, through. An interior lot having frontage on two (2) streets, other than a corner lot.
Lot width. The width of a lot is the distance between the side lot lines measured pursuant to
sec. 210-10.
Lounge. See "alcoholic beverage establishment."
Mechanical amusement device. Any machine or device which, upon the insertion of currency,
including a credit or debit card, or the currency equivalent in tokens or other items purchased
with currency, may be operated by the public generally for use as a game, entertainment or
Corner Lot
13 5"rna:
Corncr Lor
34'l Draft: August 2010
Lot area. The total horizontal area within the lot lines of the lot.
Lot lines. The lines bounding a lot.
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amusement, whether or not registering a score. lt shall include such devices as mechanical
grab machines, table-hockey, indoor shuffle boards, pinball machines, video game machines
and all games, operatrons, or transactions similar thereto under whatever name they may be
indicated. This term shall not include juke boxes, vending machines that dispense merchandise
of reasonable value (ex: gum, candy, snack food items, soft drinks, trinkets), or machines such
as clothes washers and dryers that would be classified as equipment not intended for
amusement or entertainment.
Medical office. See office, medical
Minimum required setback. See setback , minimum required.
Mixed use. A single building containing residential and nonresidential principal uses, or
residential and nonresidential principal uses located on the same lot but in separate buildings,
planned as a unified complementary whole, and functionally integrated to the use of shared
vehicular and pedestrian access and parking areas.
Mixed-use district. See disf,ct, mixed-use
Mobile home. A detached dwelling constructed prior to June 15, 1976, with the following
characteristics:(A) Designed or used for long{erm occupancy, and containing sleeping accommodations, a
flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical
connections provided for attachment to outside systems;(B) Designed for transportation after fabrication on streets or highways on its own wheels;
and(C) Ready for occupancy except for minor and incidental unpacking and assembly
operations, temporary or permanent foundations, connection to utilities, and the like.(D) Premanufactured dwellings transported to building srtes and constructed after June 15,
1976, are considered to be "manufactured homes" and are not distinguished from single-
family dwellings within these regulations.
A travel trailer is not to be considered as a mobile home. (See: "Trailer, Travel.")
Motor fuet pump. A device or mechanism used for the dispensing of refined motor fuel
products into automobiles and other motorized end-user vehicles and equipment.
Multiple or multifamily Dwelling. See dwelling, multiple or multifamily.
Nightclub. Restaurants, bars and other similar establishments where music is played at or
above normal conversation sound level such that the music is primary entertainment and not
merely background music for ambiance, or where live entertainment is provided.
Nonconforming lot. A lot of record that conformed with all lot area and dimensional
requirements at the time it was legally subdivided and recorded, but as a result of the
subsequent adoption or amendment of these regulations, the lot fails to conform to the present
requirements for minimum lot area, dimensional requirements, or both.
Nonconforming structure. A lawfully existing structure, other than a sign, that conformed with
all of the setback, height, bulk, coverage, area, separation, open space, design, and
architectural standards of the code in effect at the time the structure was established, but as a
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result of the subsequent adoption or amendment of these regulations, the structure fails to
conform to the present requirements.
Nonconforming use. A lawfully established use of land, water or structure, other than a sign,
that as a result of the subsequent adoption or amendment of these regulations, is no longer
permitted. The casual, temporary, or illegal use of land or structures, or land and structures in
combination, shall not be sufficient to establish the existence of a nonconforming use or to
create rights in the continuance of such use.
Nonresidential district. See dlsfrlcf. nonresidential
Office, business. Any office other than a medical office or professional office. Excludes
financial institutions.
Office, medical. A facility providing services to the public by physicians, dentists, surgeons,
chiropractors, pharmactsts, osteopaths, physical therapists, nurses, acupuncturists, podiatrists,
optometrists, psychiatrists, or others who are duly licensed to practice their respective
professions in the State of Florida, as well as others, including but not limited to technicians and
assistants, who are acting under the supervision and control of a licensed health care
practitioner. Retail pharmacies staffed by pharmacists that sell prescription drugs,
nonprescription drugs or both and other retail goods for sale to the public, are not medical
offices. Offices for social workers and mental health counselors are not medical offices. Pain
management clinics, as defined in this provision, are medical offices.
Office, professional. An office that ls not in the same building with any associated storage or
warehousing, and that functions with minimal on-premises consultation or visttation, in contrast
to medical offices, studios, financial institutions, and other establishments where business
transactions occur largely on-premises.
Open space, common. That area of a development site that is dedicated to the homeowner's
association, condominium association or similar maintenance entity as open space for the
occupants of the development, and which is unencumbered by principal buildings and
structures, streets, driveways and vehicular use areas, and excluding any part of a lot
containing a dwelling unit.
Owner-occupied. A dwelling in a habitable condition occupied by the owner of record, as the
ownef s primary residence, and holding a valid certificate of occupancy.
Pain management clinic. A type of medical office providing a variety of personal services by
an on-site physician who is currently licensed by either the Florida Board of Medicine or Board
of Osteopathic Medicine and his or her staff, which, rndividually or collectively, are intended to
reduce or manage pain.
Parking. The temporary, transient storage of private passenger vehicles used for personal
transportation, while their operators are engaged in other activities.
Parking garage or structure; structured parking. A structure consisting of at least two (2)
levels used for parking or storing automobiles, inclusive of the surface parking underneath the
second level that is not a private garage (see garage, private).
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Parking, required. Parking facilities that must be provided accessory to a permitted use of land
in order to comply with the parking requirements of this code.
Parking space. An off-street parking area for the parking of one (1) automobile, having the
minimum dimensions, access and construction required by this code.
Parking, supplemental. Parking facilities provided as a special exception and which are in
addition to parking facilities required by this code.
Passenger vehicle. See vehicle, passenger.
Pawnshop, The location at which a pawnbroker conducts business. Pawnbroker means any
person who is engaged in the business of making pawns as defined in F.S. Chapter 539, as
may be amended, who makes a public display containing the term "pawn," "pawnbroker," or
"pawnshop" or similar; or who publicly displays a sign or symbol historically identified with
pawns.
Permit, building. See building permit
Permit, developrnent See development permit.
Personal service establishment. A business primarily engaged in providing individual
services on the premises involving the care of a person or their apparel, eyewear, jewelry and
other items worn on one's person. Such establishments include beauty salons, tailors, shoe
repair, licensed massage therapy, personal training (fitness) studios, and other similar uses.
Astrologists and other fortune telling activities, medical services, and mortuaries and related
businesses shall not be considered personal service establishments.
Peruious area. Land surface that presents an opportunity for precipitation to infiltrate directly
into the ground.
Pharmacy, retail. A retail establishment primarily offerrng goods for retail sale and on-site
dispensing of prescription drugs, nonprescription drugs or both. A retail pharmacy may also
offer accessory services such as photo processing, eyeglass care, etc.
Place of public assembly. A place intended or used for people to gather
for events, activities or programs, including, but not limited to, arenas, auditoriums, theaters,
lecture halls, place of worship, meeting rooms, recreation buildings, private clubs, and
convention centers. Places of public assembly are generally characterized by open areas or
areas with fixed seating intended or used for gathering.
Place of worship. A building or structure owned or used by a religious organization for
worship, religious training, or education (non-academic curriculum), including accessory uses
such as day care.
Ptat. A map or delineated representation of the subdivision of lands, being a complete exact
representation of the subdivision and other information in compliance with the requirement of all
applicable sections of this Land Development Code, and of any local ordinances, and may
include the terms "replat," "amended plat," or "revtsed plat."
Platted. Land for which a plat has been recorded
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Land Development Code
Pool house. See cabana (pool house)
Porch. A roofed space attached to the outside of an outer wall of a building, one or two (2)
stories in height, open on one or more sides, which may have railings, screen or glass
enclosure. An open or unenclosed porch is one without railing, glass, canvas, screen, or similar
materials on the open sides.
Potable water facilities. A system of structures designed to collect, treat, or distribute potable
water, and includes water wells, treatment plants, water storage facilities, and distribution
mains.
Principal use. See use, principal
Private Club. Buildings or facilities, not open to the general public, owned and operated by a
corporation or association of persons for social or recreational purposes for members and their
bona fide guests and which may render, as an accessory use, services which are customarily
carried on as a business. A private club may provide living quarters for its bona fide employees
only. This term does not include private recreation facilities such as swimming pools, golf
courses, tennis courts, marinas and their accessory facilities.
Professio nal office. See office, profe ssion al
Professional Surveyor and Mapper. A person registered in the State of Florida to engage in
the practice of surveying and mapping under F.S. sections . 472.001-472.037 .
Public aft. The permanent outdoor display on property accessible to the public, of tangible
creations by artists exhibiting the highest quality of skill and aesthetic principles that include all
forms of the visual arts conceived in any medium or material including but not limited to,
paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries,
murals, photographs, video productions, digital images, bas-relief, high-relief, fountains,
kinetics, collages, drawings, monuments erected to commemorate a person or event, functional
furnishings such as artist-designed seating and pavers, architectural elements designed by an
artist, and artist-designed landforms or landscape elements. The following shall not be
considered artwork or works of art: (1) reproductions or unlimited copies of original artwork; (2)
art objects that are mass-produced; (3) works that are decorative, ornamental or functional
elements of the architecture or landscape design, except when commissioned by an artist as an
integral aspect of a structure or site.
Public facilities. Major capital improvements, including, but not limited to, transportation,
sanitary, solid waste, drainage, potable water, educational, parks and recreational, and health
systems and facilities.
Public recreation, Recreational use on sites owned or leased on a long-term basis by a
federal, state, regional or local government agency for recreational purposes.
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Article 725
Primary school See school primary.
Principal structure. See structure, principal.
Private garage. See garage, private.
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Article 725 Land Development Gode
Rear lot line. See lot line, rear.
Record; recorded; of record. Refers to the act of, or state of a document being-or having
been-recorded into the Official Public Records of Broward County, Florida. For plats, refers to
recording or having been recorded in a specific page in a Plat Book (PB), and for other
documents, usually refers to recording or having been recorded in a specific page or pages of
an Office of Records Book (ORB).
Recreational facility. A component of a recreation site used by the public such as a trail, court,
athletic field or swimming pool.
Recreational vehicle. See vehicle, recreational
Regional roadway network. The roads identified as Trafficways on the Broward County
Trafficways Plan.
Regulations. The terms "regulations" and "these reguiations" refer to the City of Dania Beach
Land Development Code (LDC) unless otheruise specifically indicated within the LDC.
Rehabilitation cenfer. See substance abuse and rehabilitation centers
Renlal lot, aufo. See auto rental lot.
Required parking. See parking, required.
Required yard. See yard, required.
Residential district. See dlsfrrcf, residential.
Restaurant. An establishment where food is prepared and served directly to the consumers
who purchase the food, including bakeries and delicatessens.
Restaurant, drive-in. A restaurant where space is provided or allowance made for automobiles
to congregate for the purpose of serving the occupants with food and refreshments in their
automobiles.
Restaurant, drive-through. A restaurant at which patrons are served food or beverages from
a drive{hrough window while they are within a motor vehicle.
Restaurant, fast food. A restaurant at which patrons are served food or beverages from a
counter (no table service) and the food or beverage is served in disposable containers or
wrappers for consumption on or off the premises.
City of Dania Beach 346 Draft: August 2010
Public use floor area. See floor area, public use.
Rear yard. See yard, rear.
Repair shop, general. See general service and repair shop.
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Article 725 Land Development Code
Restaurant, full service. An establishment where food and beverages are ordered from a
menu, prepared and served for pay, or are self-served from a buffet for pay, for consumption on
the premises.
Restaurant, takeout, Restaurant at which patrons are served from a counter and the food or
beverage is served in disposable containers or wrappers for off-premises consumption. Any
seating in a takeout restaurant is negligible and incidental to the volume of food and beverage
consumed off-premlse.
Retail pharmacy. See pharmacy, retail
Required improvements. See improvements, required
Required landscaprrg. See landscaping, required.
Required setback /ine. See setback line, required
Right-of-way. The area of a highway, road, street, or alley, or other such strip of land, reserved
for public use, whether established by prescription, easement, dedication, gift, purchase,
eminent domain or any other legal means.
Right-of-way line. See slreef /lre
Sanitary sewer facilities. Structures or systems designed for the collection, transmrssion,
treatment, or disposal of sewage and includes trunk mains, interceptors, treatment plants and
disposal systems.
School An institution for the educational instruction of children or adults, encompassing all of
the specific types of schools defined in this section, and including accessory facilities.
Sclroor, academic. A school that teaches state-approved academic curriculum to children at
the kindergarten through twelfth grade levels. Academic schools may be public or private.
School, college. A post-secondary institution for higher learning that offers state-licensed
degree programs culminating in the granting of associate, bachelor, masters, or doctoral
degrees, and that may also have research facilities.
School, preschool, See day care center.
Sclroor, primary. An academic school for the kindergarten through eighth grade levels, and
may include ninth grade instruction.
School, secondary. An academic school for the tenth through twelfth grade levels and may
include ninth grade instruction.
City of Dania Beach 347 Draft: August 2010
Retail establishment, large. See /arge retail establishment.
Roof line. The top edge of a roof or building parapet, whichever is higher, excluding any
mansards, cupolas, pylons, chimneys or minor projections.
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Article 725 Land Development Code
School, specialty. A school, other than a college, teaching specialized curriculum at the posl
secondary level, including schools forthe arts, theatrics, music, dance, vocational schools,
technical schools, and trades schools.
Secondary schoor. See school, secondary.
Self storage. See slorage, self (mini-warehouse).
Services, essenfia/. See essent a/ servlces.
Sefback. The minimum horizontal distance measured from a property line, or street line
wherever the lot abuts a street, and any part of any a building or other structure on the lot.
Sethack line. The line or vertical plane that represents the depth or extent of a setback or yard
Setback, minimum required. The minimum setback required by any code provision. A
minimum setback requirement creates a minimum yard requirement, and a minimum yard
requirement has the same effect as requiring a minimum setback. See sec. 215-30, "Multiple
frontage lots", for determination of setbacks with multiple-street frontages.
Setback line, required. The line or vertical plane representing the minimum required setback
distance and yard depth.
Sewer facilities, sanitary. See san/a4y sewer facilities.
Shade/canopy tree. See lree, shade/canopy
Shed, utility. See utility shed
Shopping center. A group of retail stores, service establishments, or any other businesses
planned to serve the community or neighborhood not necessarily owned by one party or a
single land owner, but designed as a single site, which are generally adjacent to each other and
utilizing a common parking area or areas, common name and common entry and exit points.
Shopping center outparcel A structure separated from the multi{enant structure that meets
all zoning requirements independently from the shopping center (i.e., is not dependent upon the
shopping center, for example, to meet parking, drainage, open space or landscaping
requirements).
Showroom. lndoor display of materials, equipment, or products offered for sale primarily on a
wholesale basis, and also including indoor display of vehicles accessory to retail sales of same.
Side lot line. See /of /rne, slde
Single family cluster developmenl. See cluster development, single-family
Single family dwelling. See dwelling, single family
Site plan. A drawing illustrating a proposed development and prepared in accordance with the
specifications set forth in article 635 of these regulations.
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Special purpose vehicle. See vehtcle, special purpose
Specra/ residential facility. A special residential facility is a term that is inclusive only of the
following: community residential home and residential care facility. A special residential facility
specifically excludes any residential facility that provides temporary, short{erm care, or which
houses or treats persons who are of danger to themselves or others, who are actively using
drugs or exhibiting drug or alcohol dependency, or who suffer from acute mental crisis. 'Acute
mental crisis' means a person who is experiencing a psychotic episode or a high level of mental
or emotional distress which may be precipitated by a traumatic event or a perceived life problem
for which the individual's typical coping strategies are inadequate, or a medical or emotional
crisis because of the use of alcoholic beverages or any psychoactive or mood-altering
substance. See also dwelling unit, special residential facility.
Community residential home, type 2. A dwelling unit licensed to service clients of the
State of Florida Department of Elderly Affairs, Agency for Persons with Disabilities,
Department of Juvenile Justice, or Department of Children and Family Services or a
dwelling unit licensed by the Agency for Health Care Administration which provides a living
environment for seven (7) to fourteen (14) individuals who operate-as the functional
equivalent of a family, including such supervision and care as may be necessary to meet
the physical, emotional and social needs of residents- Residents may include frail elders
(as defined in Sec. 429.65, Fla. Stat.), children who are found to be dependent or in need
of services (as defined in Sec. 39.01(14), Sec. 984.03(9) or (12), or Sec. 985.03, Fla.
Stat.), physically disabled or handicapped persons (as defined in Sec. 760.22(7)(a), Fla.
Stat.), developmentally disabled persons (as defined in Sec. 393.063, Fla. Stat.), or
nondangerous, mentally ill persons (as defined by Sec. 394.455(18), Fla. Stat.).
Residential care facility. A residential facility licensed by the State of Florida to provide any
combination of nursing care, injury or illness rehabilitation, personal services, community re-
entry training, aids for independent living, or counseling, but not medical services, to persons
with disabilities as defined by Federal Law, as well as clients of the Florida Department of
Elderly Affairs, the Florida Agency for Persons with Disabilities, the Florida Department of
Children and Family Services, or the Agency for Health Care Administration. This term does not
include hospitals licensed under Chapter 395, F.S., as may be amended from time to time, or
City of Dania Beach 349 Draft: August 2010
Specra, exception. A use which may be allowed within a zoning district subject to the
provisions of this Land Development Code, and in accordance with the procedures as set forth
in article 630.
Community residential home, type /. A dwelling unit licensed to serve clients of the
State of Florida Department of Elderly Affairs, Agency for Persons with Disabilities,
Department of Juvenile Justice, or Department of Children and Family Services or a
dwelling unit licensed by the Agency for Health Care Administration which provides a living
environment for no more than six (6) individuals who operate as the functional equivalent
of a family, including such supervision and care as may be necessary to meet the
physical, emotional and social needs of residents. Residents may include frail elders (as
defined in Sec.429.65, Fla. Stat.), children who are found to be dependent or in need of
services (as defined in Sec. 39.01(14), Sec. 984.03(9) or (12), or Sec. 985.03, Fla. Stat.),
physically disabled or handicapped persons (as defined in Sec. 760.22(7 )(a), Fla. Stat.),
developmentally disabled persons (as defined in Sec. 393.063, Fla. Stat.), or
nondangerous, mentally ill persons (as defined by Sec. 394.455(18), Fla. Stat.).
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Article 725 Land Oevelopment Code
any federally operated hospital facility. Examples include facilities typically referred to as
nursing homes, convalescent homes, and assisted living facilities.
Specialty schoo/. See schoo{ specialty.
Storage, long-term. Storage of materials for a period of time generally exceeding six (6)
months. Long{erm storage is generally a principal use, and does not generally include items
that are for sale or distribution from the premises or associated with any other business activity
on the premises. Some examples include extended storage of records and archives, donated
blood products, collector automobiles, and disaster relief products.
Storage, self (mini-warehouse). An enclosed storage facility containing independent, fully-
enclosed bays that are leased to individuals exclusively for long{erm storage of their household
goods or personal property.
Store, antique. See antique, store
Store, consignmerrt See consignment store or shop
Store, convenience. See convenience store
Store, drug. See drug store.
Sfory. A complete horizontal division of a building or parking structure, constituting the space
between the surface of any floor and the surface of the next floor above it, or if there is no floor
above it, then the space between such floor and the roof above it. A story consists of no less
than eight (8) feet and no more than fourteen (14) feet in height, except as may be provided for
ground stories in these regulations.
Sfreef. A thoroughfare, either public or private, which affords the primary means of access to
abutting property, and is intended for general traffic circulation. A street includes the entire area
between street lines (right-of-way line).
Street, local. A street other than an arterial or collector, that functions primarily to provide
access to individual lots.
Street line, corner. A street line abutting a corner side yard
determination of corner side streets and front streets.
Street line, front. A street line abutting a front yard
Street yard. See yard, sfreef.
See sec. 215-20 for
City of Dania Beach 350 Draft: August 2010
Street line. The outer boundary line of the ultimate right-of-way of a public or private street.
Also referred to as the righlof-way line. The ultimate right-of-way for any street is the planned
width of the right-of-way prescribed for such street in article 815, measured on each side of the
street centerline unless otherwise specified rn article 815. There is no distinction made in this
code between the edge of an existing dedicated right-of-way and the planned extent of a right-
of-way for purposes of measuring setbacks, yards, clear site distance, etc., even though the full
width of same has not yet been dedicated, unless the context specifically refers to an existing
dedication, or a street right-of-way as currently dedicated.
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Article 725 Land Development Code
Structural alterations. Any change, except the repair or replacement, in the supporting
members of a building, such as bearing walls, columns, beams or girders or the re-arrangement
of any interior partitions affecting more than five (5) percent of the floor area of the building.
Structure. Anything constructed, installed or placed upon the land, or attachment thereto, the
use of which requires, occupies, or is intended to occupy, a permanent or generally fixed
location, but excluding landscape materials including accessory hardscape materials and
earthen berms. By way of example, structures include buildings, sheds, slabs, statues, port-o-
cocheres, shipping containers, pools, gazebos, tents, ground signs, fences, and any movable
structure while it is located on land that can be used for housing, business, commercial, or office
purposes either temporarily or permanently.
Structure, parking. See parking garage or structure.
Structure, principal. A building or structure in which is conducted the marn or principal use of
the lot on which said building is situated
Studio or efficiency. A multiple-family dwelling unit that contains only one room for living,
cooking and sleeping, and does not exceed eight hundred (800) feet of gross floor area.
Subdivision. The platting of real property into two (2) or more lots, parcels, tracts, tiers, blocks,
srtes, units, or any other division of land; and includes establishment of new streets and alleys,
additions, and resubdivisions; and, when appropriate to the context, relates to the process of
subdividing or to the lands or area subdivided.
Subsfance abuse and rehabilitation centers. A type of medical office established to aid
persons affected by excessive or illegal use of drugs, narcolics or other hallucinatory
substances, not including alcohol, who have developed a dependency on such substances,
including but not limited to methadone maintenance facilities, and outpatient rehabilitation
facilities.
Substantial conformity. Refers to the Broward County Charter requirement contained in
Article Vl, Section 6.05 D & E that local governmental future land use plans shall be materially
and pertinently compatible with and further the Broward County Land Use Plan in order to be
certified or recertified.
Substantial improvement. Replacement of any two (2) exterior walls and the roof within a
period of one (1) year shall constitute a substantial improvement. Substantial improvement shall
also mean any repair, reconstruction or improvement of a structure within a period of one (1)
year, the cost of which equals or exceeds fifty (50) percent of the market value of the structure,
as determined by the Office of the Property Appraiser of Broward County, either (1) before the
improvement or repair is started, or (2) if the structure has been damaged and is being restored,
before the damage occurred. The total cost shall not include nonstructural interior finishing,
except when determining whether the structure has been substantially improved as a result of a
single improvement or repair, or substantially damaged as a result of a single event. For
purposes of this definition, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor or other struclural part of the structure commences, whether
or not that alteration affects the external dimension of the structure. The term does not include
(1) any project for the improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are necessary solely to assure safe living
City of Dania Beach Draft: August 2010351
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Article 725 Land Development Code
conditions; or (2) any alteration of a structure listed on the National Register of Historic Places
or the Florida lnventory of Historic Places.
Surveyor and mapper. See professional surveyor and mapper.
Takeout restaurart See restaurant, takeout
Temporary use. A use of land, building or structure established for a fixed period of time with
the intent to discontinue such use upon the expiration of such time, and which are authorized as
temporary accessory or principal uses for time periods proportionate and appropriate to the
nature of the temporary use.
Thrift shop. A shop in which the rtems sold (or given away to the needy) have been obtained
through donatrons or gifts and where the donor receives no value upon the sale (or gift) of such
merchandise to a thrift shop customer, and where the use is designed to sell donated
merchandise at a price below reasonable market value, or where the revenue received from
selling same is retained by a charitable or not-for-profit organization or institution.
Through rof. See lot, through.
Time share dwelling unit. See dwelling unit, time share
Trafficways Plan, Broward County. See Broward County Trafficways Plan.
Trailer. A vehicular structure mounted on wheels designed to be pulled by another vehicle
Trailer, travel. A temporary dwelling unit designed to be transported over streets and highways
and for accommodating a family for temporary occupancy while traveling or temporarily living in
a location, but not as a permanent dwelling unit, and is not a mobile home.
Trailer, utility. A trailer designed to transport materials, goods or equipment. This includes
boat trailers.
Transient. An individual or group in transient occupancy. Transient occupancy is when it is the
intention of the parties that the occupancy will be temporary.
Transit-oriented development (TOD). Mixed-use development that combines a pedestrian
friendly environment with retail or entertainment ground floor uses and significant amounts of
offtce space and housing, and located within one-quarter to one-half mile side-walk route to a
transit station. Specifically, a TOD provides continuous, shaded sidewalks with street furniture
and minimal driveway interruptions, paseos where appropriate, and nearly continuous shop
frontage.
Transit station. A commuter railroad or multi-modal (rail and bus) stop with parking facilities,
ticket counters, restrooms and other accessory facilities.
Travel trailer. See trailer, travel.
City of Dania Beach 352 Draft: August 2010
Supplemental parking. See parking, supplemental.
Town house dwelling unit. See dwelling, town house.
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Article 725 Land Development Code
Tree, shaddcanopy. See sec. 825-50
Two-family dwelling. See dwelling, two-family.
Use, principal. The primary use of a lot as distinguished from secondary or accessory uses.
There may be more than one principal or main use on a lot unless otheruise provided.
Use,'use of land. Any purpose for which buildings, structures, land, or water may be arranged,
designed, intended, maintained, or occupied; or any occupation, business, activity, or operation
carried on or intended to be carried on in a building, other structure, or on land. Use of land
shali include use of buildings, structures and water.
Utility. lncludes any public or private utility, such as, but not limited to, storm drainage, sanitary
sewers, electric power, water service, gas service, or telephone line, whether underground or
overhead.
Utility shed. A detached subordinate accessory building or structure used for storage, and
which may also include a greenhouse.
Uility trailer. See trailer, utility.
Vehicle, commercial. Any vehicle designed or used primarily for the transportation of property,
equipment or persons for hire other than a passenger vehicle as defined below, as well as any
vehicle (including a passenger vehicle) that contains advertised markings in excess of three (3)
square feet per side or per vehicle top. Commercial vehicles include, but are not limited to,
tractor{railers and any parts of such tractor{railers, construction equipment, trucks with bucket
lifts, wreckers, tow trucks or other vehicles equipped with a hoist or other mechanical equipment
designed to perform a similar function, busses, taxicabs, step vans, utility trucks, flatbed trucks,
limousines, any vehicle commonly recognized as a commercial vehicle, and any vehicle which
contains advertising markings in excess of three (3) square feet per side or per vehicle top.
Police cars, ambulances and fire trucks are not classified as commercial vehicles.
Vehicle, commercial, type A. Any commercial vehicle having any of the following
characteristics:(1) Capacity of one and one-half (1 %) tons or more;(2) Overall height of 8 (eight) feet or taller;3) Overall width exceeds six feet ten inches, excluding side-view mirrors;4) Overall length exceeds twentytwo (22xeet six (6) inches;5) ls an open truck having load space exceeding nine (9) feet six (6) inches in length;6) Dual wheels (side-by-side on the same side of an axle);7) More than two (2) axles;8) Total square iootage of signage on the vehicle in excess of fifteen (15) square
feet;(9) Visible tools, ladders, materials, pipes, or racks;
(10) Has a hoist, lift, dump body, or any combination ofthese features, or any other
altered cargo box;
(11) Manufacturer's gross vehicle weight rating (GVWR) is fourteen thousand (14,000)
pounds or more.
Vehicle, commercial, type B. Any commercial vehicle that is not a lype A commercial vehicle.
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Article 725 Land Development Code
Vehicle, passenger. A vehicle that is designed, used or maintained primarily to transport
private passengers and are currently licensed for travel on the public roads. This does not
include vehicles designed for mass public transportation such as buses, nor does it include
special purpose vehicles specially designed primarily for unusual terrain and conditions such as
swamp buggies, track layers, etc.
Vehicle, recreational. 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 is intended to
include travel trailer, camping trailer, camp bus or house bus and truck-camper unit of walk-in
capacity.
Vehicle repair. See automotive, motor vehicle repair, minor and automotive, motor vehicle
repair, major.
Vehicle, special purpose. A vehicle especially designed primarily for unusual terrain and
conditions and are not usually licensed for or used on the public road, such as swamp buggies,
stockcars, air boats, etc.
Vehicular use area (VUA). An area used for parking, loading and vehicular access for any
property not occupied by a single-family residence.
Vested rights. Rights which have so completely and definitely accrued to or settled in a
person, which it is right and equitable that government should recognize and protect, as being
lawful in themselves, and settled according to then current law.
Washing machine. See automatic or coin-operated seNice trade machine.
Waterway. Any body of water, natural or artificial
Worship, place of. See p/ace of worship
Yard. An open space on the same lot with a building unoccupied and unobstructed from the
ground upward, except by trees or shrubbery or as otheMise provided in the Land Development
Code. Yards shall extend and be measured perpendicular and inward from the respective
property lines and street lines. When a yard is required along a property line that abuts a
waterway, it shall be measured from the face of the seawall in contact with the waterway
(wetface), or from the top of bank of the waterway where no seawall exists.
Yard, corner side. The street side yard of a corner lot
Yard, front. A yard across the full width of the lot, extending from the front street line to the
front of the principal building on the lot.
Yard, rear. A yard extending across the full width of the lot and measured between the rear line
of the lot and the closest wall of the principal building. ln the case of corner lots, the rear yard
shall be the yard opposite the front street line of the lot.
Yard, required. A minimum open area requirement, other than a court, on the same lot with a
building, unoccupied and unobstructed from the ground upward, except as otherwise provided
City of Dania Beach 354 Draft: August 2010
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Article 725 Land Development Code
in these regulations. The depth of any required yard that abuts an existing or proposed street,
for which additional right-of-way will be required pursuant to the Broward County Trafficways
Plan, Comprehensive Plan, or other officially adopted plan, shall be measured from the ultimate
right-of-way Iine of the street, provided that the area in between the existing and ultimate right.
of-way lines shall also be considered part of the required yard.
oe
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Yard, interior side. A yard extending between the side of the principal building line and the
side line of the lot and between the front yard and the rearyard.
Yard, street. A yard abutting a street
Vacant land. Any lot or parcel of land which is completely open, has no use associated with or
upon it and is not utilized as the required yard area for any adjoining uses.
Variance. A modification from the literal interpretation of the provisions, other than those
provisions relating to use requirements, subject to the procedures of article 625 of this Land
Development Code,.
Water facilities, potable. See polable water facilities.
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City of Dania Beach 355 Draft: August 2010
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Part 8
Article 805 Land Development Code
PART 8 TECHINICAL APPENDIX.
ARTICLE 805. CONCURRENCY DETERMINATIONS.
Sec. 805-{0. Generally.
No development activity may be approved unless the provision of certain public facilities will be
available at prescribed levels of service concurrent with the impact of the development on those
facilities and as provided by Florida law.
Sec. 805-20. Applicability; Development subject to adequacy determination.
A determination of adequacy shall be required as a condition of the following development
activities.(A) New development.(B) Additional development or redevelopment. All redevelopment or additional development of
previously improved lands shall be subject to an adequacy determination for the additional
capacity needed to serve the difference between the capacity to be consumed by the
proposed additional development and the capacity generated or consumed by the existing
development.(C) Change in use. Any change in use of property shall be subject to an adequacy
determination for the additional capacity needed to serve the difference between the
capacity to be consumed by the proposed use and the capacity consumed by the existing
use.
(D) Exempt propefty and developmenf: The following development shall be exempt from the
requirement for a determination of adequacy
(1 ) Development that is authorized by an approved development of regional impact
(DRl) development order.(2) Development orders or rights determined to be vested by the city attorney, including
valid capacity reservations from a prior concurrency determination.
(3) Development of one (1) single-family dwelling on a lot of record in single and
separate ownership from adjacent lots as of March 'l , 1989.
(4) Development which is a government facility which the city commission finds is
essential to the health or safety of the city residents.(E) Credit for previous impact. For the purpose of adequacy determinations involving
previously improved land or previously occupied structures, credit shall be given for the
impact of the last use of vacant structures and previous development vacated or
demolished no earlier than eighteen (18) months prior to the date of an application
submittal for an activity that is subject to a determination of adequacy pursuant to this
section.
Sec. 805-30. Procedures, timeframes, expiration.(A) An application for development must demonstrate compliance with this article at the time
of site plan review, except that the adequacy determination for school concurrency is
made at the time of platting, if applicable. lf the code does not require site plan approval
for a particular development activity subject to concurrency, the adequacy determination
shall be made at the time of building permit review.(B) Applications for development approval shall be chronologically logged to determine rights
to available capacity. Compliance will be calculated and capacity reserved with the
issuance of a certificate of concurrency.
(C) Concurrency finding shall expire with the site plan or building permit for which it is issued.
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Article 805 Land Development Code
(D) Responsibitity. The director of community development shall be responsible for monitoring
development activity to ensure the development is consistent with the comprehensive
plan. A concurrency monitoring system is instituted to verify that public facilities and
services will be available at adopted levels of service concurrent with the impacts of the
development on those prescribed facility or service standards.(E) Development permit approval or disapproval. lf an application for a site plan or building
permit does not comply with the terms of this article by demonstrating that the adopted
LOS standards will be maintained, the city cannot approve the application.(F) Burden of showing compliance on developer. The burden of showing compliance with
these levels of service requirements shall be upon the developer. ln order to be
approvable, applications for development approval shall provide sufficient and verifiable
information showing compliance with these standards.
Sec. 805-40. Determination of available capacity.(A) Determination of available capacity. For purposes of these regulations the available
capacity of a facility shall be determined by:(1) Adding together 1) the total design capacity of existing facilities operating at the
required level of service and 2) the total design capacity of new facilities that will
come available concurrent with the impact of the development; then,(2) Subtracting from that number the sum of 'l)the design demand for the service
created by exrsting development and 2) the new design demand for the service (by
phase or otherwise) that will be created concurrent with the impacts of the proposed
development by the anticipated completion of other presently approved
developments.(B) The capacity of new facilrties may be counted only if one or more of the following is
demonstrated.(1) The necessary facilities are in place at the time the adequacy determination is made,
or the building permit is issued subject to the condition that the necessary facilities
will be in place when the impacts of development occur.(2) Construction of the new facilities is under way at the time of application.(3) The new facilities are the subject of a binding executed contract for the construction
of the facilities to be constructed within a period of time as stipulated in the contract
or the provision of services at the time the development permit is issued.(4) The new facilities have been included in the city/county capital improvement program
annual budget.(5) The new facilities are guaranteed at a specific time in an enforceable development
agreement. An enforceable development agreement may include, but is not limited
to, development agreements pursuant to Section 163.3220, Florida Statutes, or an
agreement or development order adopted pursuant to Chapter 380, Florida Statutes.
Such facilities must be consistent with the capital improvements element of the
city/county comprehensive plan and approved by the city/county engineer.(6) The developer has contributed funds to the city/county necessary to provide new
facilities consistent with the capital improvements element of the city/county
comprehensive plan. Commitment that the facilities will be built must be evidenced
by an appropriate budget amendment and appropriation by the city/county or other
governmental entity.(7) There is an approved action plan to accommodate the traffic impact of the
development.(8) The developer has otheMise provided for transportation facilities in accordance with
sec. 163.3'180 F S. and Rule 9J-5.0055, F.A.C.
City of Dania Beach D.aft: August 2010357
Land Development Code
Sec. 805-50. Stormwater drainage level of service standards.(A) Measurement of drainage facilities will be based on the water management district basin
design standards. Variations may exist for specrfic parcels but the overall effect of an
areas drainage system must meet established water management practices criteria.(B) New development shall not be approved unless there is sufficient available design
capacjty to sustain the following levels of service for the drainage system as established in
the drainage sub-element of the comprehensive plan:(1) Road protection Residential and primary streets crown elevation meet the minimum
elevations as published on the Broward County Ten-Year Flood Criteria Map.(2) Buildings. The lowest floor elevatron shall be the greater of the elevation published
on the Broward County One-Hundred-Year Flood Elevation Map plus one (1)foot for
residential and nonresidential buildings, or eighteen (18) inches above the adjacent
crown of road for residential and six (6) inches above the adjacent crown of road for
nonresidential buildings. For marina facilities, shall not be lower than the 100 year
flood elevation plus one (1) inch.(3) Sform sewers. Shall be designed using the Florida Department of Transportation
Zone 10 rainfall curves.(4) Floodplain routing. Modified SCS routing method as established by the S.F.W.M.D.
"Basis of Review."(5) Best management practice. Efforts shall be utilized to use best management
practice to reduce pollutants entering the groundwater.
Sec. 805-60. Potable water level of service standards and demand generation rates.(A) Measurement of water facilities will be based on design capacities and service flows.
Usage and discharge will be based on adopted level of service standards.(B) Adopted level of service standard. New development shall not be approved unless there
is sufficient available design capacity to sustain the following level of service for potable
water as established in the potable water sub-element ("water supply plan") of the
comprehensive plan:
(C) Potable water demand generation rates.
Dwellings Each single-family unit--1 ERC
Condominium 3 bedroom:3oogpd-1ERC
1 and 2 bedroom:2so gpd:0.71 ERC
Motel/hotel 150 gpd per room
200 gpd per pool
350 gpd per mgr. apt
1 00 gpd per space
Office 0.2 gpd per square foot
Retail 0.1 gpd per square foot
Laundries 400 gpd per machine
Bar (no food service)20 gpd per seat
Restaurants 24-hour-50 gpd per seat (including bar)
Less than 24 hours-30 gpd per seat
(including bar)
Theaters 5 gpd per seat
Assembly hall 2 gpd per seat
'10 gpd per person
Factories '15 gpd per person per shift
lnstitutions 100 qpd per person
358 Draft: August 2010
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Article 805
lvlobile home
Park
City of Dania Beach
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Article 805 Land Development Code
Church 7 gpd per seat
Service Station Full service station: First two bays-750 opd
Each additional bay-300 gpd
Per fule fuel pump*100 gpd
Self service station: Per fuel pump-SO gpd
Primary school 10 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
Secondary school 15 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
Hospital and nursing
home 200 gpd per bed
100 gpd per staff
Warehouse 0.1 gpd per square foot
Sec. 805-70. Sanitary sewer level of service standard and demand generation rates.(A) Measurement of wastewater facilities will be based on design capacities and service flows.
Usage and discharge will be based on adopted level of service standards.(B) Level of service standard. New development shall not be approved unless there is
sufficient available design capacity to sustain the following level of service for wastewater
treatment as established in the sanitary sewer sub-element of the comprehensive plan:(C) Demand generation rates. All demand generation rates are expressed as Equivalent
Residential Connections (ERCs). One (1) ERC is the average amount of sanitary sewage
generated by one residential dwelling unit, which is equal to three hundred (300) gallons
per day. Example. two (2/ ERCs is equal to six hundred (600) gallons per day.
Dwellings Each single-family unit--1 ERC
Condominium 3 bedroom-300 gpd-1 ERC
1 & 2 bedroom-25O gpd-0.71 ERC
IVlotel/hotel '150 gpd per room
200 gpd per pool
350 gpd per mgr. apt
Office 0.2 gpd per square foot
Retail 0.1 gpd per square foot
La u nd ries 400 gpd per machine
Bar (no good service)20 d r seat
Restaurants 24-hour--50 gpd per seat (including ba|
Less than 24 hours-3o gpd per seat (including bar)
Theatres 5 gpd per seat
Assembly hall 2 gpd per seat
10 er rson
Factories l! gpd per person per shift
100 r on
Church 7 gpd per seat
Full service station
First two bays-750 gpd
City of Dania Beach 359 Draft: August 2010
Park:
Mobile home:100 gpd per space
lnstitutions:
Service station:
Part 8
Article 805 Land Development Code
Each additional bay-300 gpd
Per fuel pump-100 gpd
Self service station
Per fuel pump-SO gpd
Primary school 10 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
Secondary school 15 gpd per pupil
5 gpd per shower per pupil
5 gpd per cafeteria per pupil
Hospital and nursing
home:
200 gpd per bed
100 gpd per staff
Warehouse 0.1 gpd per square foot
Types of Uses Level of Service
Residential 8.9 lbs./capita/day
lndustrial and commercial
Factory/warehouse 2 lbs./100 sq. ft./day
Office building 1 lb /100 sq. ft./day
Department store 4 lbs./100 sq. ft./day
Supermarket 9 lbs./100 sq. ft./day
Restaurant 2 lbs./meal per day
Drug Store 5 lbs./100 sq. ft./day
Schools
Primary School 10 lbs.koom and 1/4 lbs. per pupil per day
Secondary School
lnstitutions
Hospital 8lbs./bed/day
Nurse or intern home 3 lbs./person/day
Home for aged 3 lbs./person/day
Rest home 3 lbs./person/day
Gity of Dania Beach 360 Draft: August 2010
I
Sec. 805-80. Solid waste disposal level of service standard and demand generation
rates.(A) Measurement of solid waste shall be based on assumed generation rates and the design
capacity of the landfill, incinerator and recycling operations.
(B) New development shall not be approved unless there is sufficient available design
capacity to sustain the demand calculated using the following generation rates for solid
waste as established in the solid waste sub-element of the city comprehensive plan.
I lbs./room and '114 lbs. per pupil per day
Part I
Article 805
Sec.
(A)
(B)
(c)
Land Development Code
805-90. Roadway level of service standards, demand generation rates.
Applicability. Adequacy determinations are made only for city roadways that are not
identified as Trafficways on the Broward County Trafficways Plan. Concurrency for
Trafficways is administered by Broward County in the form of concurrency assessments
based upon the number and length of trips a given type of use generates. The county
assesses its concurrency fee at the time of building permit application. The city shall not
accept an application for building permit unless the applicant provides proof from Broward
County that the concurrency assessment was paid, or that the application is not subject to
a county concurrency assessment.
Measurement. The determination of roadway capacities is based upon the most recent
Florida Department Of Transportation Table of Generalized Daily Level-of-Service
Maximum Volumes for Urbanized Areas. The measurement of capacity may also be
determined by substantiation in the form of engineering studies or other data acceptable to
the city based upon professionally accepted traffic analysis techniques and data. The
determination of the number of vehicle trips that will be produced from a proposed
development shall be derived from the lnstitute of Traffic Engineers Trip Generation
Manual,lalesl edition, using the peak-hour of adjacent roadway traffic standard for a.m. or
p.m. peak hour, whichever produces the highest trip generation. Alternate data sources
shall not be used unless approved by the community development director.
Levels of servlce. New development shall not be approved unless there is sufficient
available design capacity to sustain the following levels of service for non-Trafficway
transportation systems as established in the transportation element of the comprehensive
plan:
Type of Facility Peak-Hour Level of Service Standard
Arterials D
Collectors D
Local access streets D
(D) Determination of project impact. The impact of proposed development activity on
available design capacity shall be determined by distributing the vehicle trip ends
calculated from the trip generation data onto the road network using professionally
accepted methodology as determined to be acceptable by the community development
director. The director may require an applicant to provide a traffic impact analysis
whenever the director determines that a proposed development may cause a city roadway
segment or intersection to become overcapacity.(E) Compliance with propottionate fair share requirements of sec. 163.3180, F.5.. ln
compliance with the transportation proportionate fair share requirements of sec.
163.3180, F.S., determination of an applicant's fulfillment of transportation concurrency
requirements under the comprehensive plan shall be made, and transit concurrency
assessments shall be imposed, in accordance with the methodology provided for transit
oriented concurrency districts in subsection 5-182(a)(5)a) of the Broward County Code of
Ordinances. A developer may also satisfy concurrency for city roadways not subject to
transit concurrency assessment (i.e. roads other than Trafficways) by paying the
proportionate fair share of the cost of roadway or intersection improvements pursuant to
sec. 163.3180, F.S.
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Article 805 Land Development Code
Sec. 805-100. Public schools concurrency.(A) Timing of school facility availability. Pursuant to the Public School Facilities Element of
the Comprehensive Plan (PSFE) and the Amended lnterlocal Agreement for Public School
Facility Planning (lLA), the city, in collaboration with Broward County and the School
Board of Broward County (School Board), shall ensure that public school facilities will be
available for current and future students consistent with available financial resources and
adopted level of service standards and that such facilities are available concurrent with the
impact of proposed residential development.(B) Applications sublec, to a public school concurrency determination. The city shall not
approve an application for a plat, replat, plat note amendment, or any site plan with a
residential component (hereafter referred to as "application[s]") that generates one (1) or
more students, until the school board has reported that the school concurrency
requirement has been satisfied or unless the city has determined that the application
exempt or vested from the requirements of public school concurrency.(C) Exemptions. The following applications shall be exempt from the requirements of public
school concurrency:(1) An application which generates less than one (1) student at each level in the
relevant concurrency service area. Such development shall nevertheless be subject
to the payment of school impact fees.(2) An application for age-restricted communities with no permanent residents under the
age of eighteen (18). Exemption for an age- restricted community shall only be
available subject to recordation of a declaration of restrictive covenants in the Public
Records of Broward County, Florida prohibiting the residence of school-aged
children in a manner consistent with federal, state, or local laws or regulations.(3) A Development of Regional lmpact (DRl) with a development order issued before
July 1, 2005, the effective date of Senate Bill 360, or an application submitted before
May 1, 2005.(4) As may otherwise be exempted by Florida Statutes, including but not limited to
applications that meet specific qualifying criteria outlined in the applicable statute,
and approved by the school board.(D) VestedDevelopment.(1) Any application located within a previously approved comprehensive plan
amendment or rezoning which is subject to a mitigation agreement in accordance
with the following.
(a) The mitigation to address the impact of the new students anticipated from the
development has been accepted by the School Board consistent with School
Board Policy 1 161 , entitled "Growth Management," as may be amended from
time to time; and
(b) A declaration of restrictive covenant has been properly executed and recorded
by the developer, or the development is located within a boundary area that is
subject to an executed and recorded tri-party agreement (between the School
Board, city, and the developer) consistent with School Board Policy 1 161 , as
may be amended from time to time.
(c) The applicant shall provide a letter from the School Board or other evidence
acceptable to the city verifying subsections a. and b. above. Other evidence
may include documentation as specified in the tri-party agreement.(2) Any application which is included within a residential plat or development
agreement for which school impacts have been satisfied for the dwelling units
included in the proposed application. This includes any unexpired applications
approved by the county or city between February 2, 1979, and the effective date
of the PSFE of the city's Comprehensive Plan. ln the transmittal of an
City of Dania Beach 362 Oraft: August 2010
Part 8
Article 805 Land Development Code
application to the School Board, the city shall include written information
indicating that the units in the application are vested.(3) Any application that has received final site plan approval, and which has not
expired, prior to the effective date of the PSFE of the city's Comprehensive Plan.
(E) The following residential applications shall be vested from the requirements of public
school concurrency: any application, for property that is included within a plat or
development agreement for which school impacts have been satisfied for the dwelling
units included in the proposed application. This includes any unexpired application
approved by the city between February 2, 1979, and the effective date of the Public
School Facilities Element. ln the transmittal of an application to the school board, the city
shall include written information indicating that the units in the application are vested.(F) Written evidence of exemption or vesting required. To be exempt or vested from the
requirements of public school concurrency, an applicant is required to submit written
evidence sufficient to verify that the subject development meets the exemptions stated in
this Land Development Code and, as such, is exempt from the requirements of public
school concurrency.
(G) Leyel of Service Standard. The level of service standard (LOS) shall be one hundred ten
(1 10) percent of the permanent Florida lnventory of School Housing (FISH) capacity for
each Concurrency Service Area. The LOS shall be achieved and maintained within the
period covered by the five-year schedule of capital improvements contained in the
effective Five-Year Adopted District Educational Facilities Plan (DEFP).
(H) Concurrency service areas (CSAs). The areas for implementation of public school
concurrency in the city shall be known as concurrency service areas (CSAs), which shall
be the approved school boundaries for elementary, middle and high schools, as annually
adopted by the school board. For the purpose of public school concurrency, such CSAs
shall be effective starting on the first day of the school year, and endrng on the last day
before the beginning of the next school year.(l) Student Generation Rates. The effective adopted student generation rates pursuant to
Section 5-182(m) of the Broward County Land Development Code shall be utilized to
determine the potential student impact of submitted applications.(J) Public School lmpact Application (PSIA). Any applicant submitting an application that is
not exempt or vested is subject to school concurrency and is required to submit a public
school impact application (PSIA) for review by the school board. Evidence of acceptance
of the PSIA and payment of the applicable PSIA fee to the school board is required prior
to city acceptance of the application.(K) School capacity availability determination letter (SCAD); proportionate share mitigation-(1) The city shall not approve an application or amendment thereto unless:(a) The application is exempt or vested from the requirements of public school
concurrency; or(b) A SCAD letter has been received from the school board confirming that
capacity is available; or(c) lf capacity is not available, the proportionate share mitigation has been
accepted by the school board.(2) The school board shall determine the potential student impact from the application
on the applicable CSA by performing the review procedure specified in school board
Policy 1161, as amended.(3) lf the school board determines that sufficient capacity is available at the adopted
LOS to accommodate students anticipated from the application, the school board
shall issue a SCAD letter indicating that adequate school facilities exist to
accommodate the student impact and the application satisfies public school
concurrency requirements.
City of Dania Beach 363 Draft: August 20'10
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Article 805 Land Development Code
(4) lf the school board determines that sufficient permanent capacity is not available at
the adopted LOS to accommodate students anticipated from the application, the
SCAD letter shall state that the application has not satisfied public school
concurrency requirements and the basis for such determination. The applicant shall
have thirty (30) days to propose proportionate share mitigation to the school board.(5) lf the applicant proposes proportionate share mitigation within the thirty (30) day
period that the school board subsequently accepts, a legally binding document shall
be executed among the school board, the city, and the applicant, and recorded in
the Public Records of Broward County, Florida.(6) Upon execution of said document, the school board shall issue an Amended SCAD
letter stating that, based upon the accepted proportionate share mitigation,
adequate capacity will exist to accommodate the student impact anticipated from the
proposed development, and that the proposed development satisfies the public
school concurrency requirement .(7) The total amount committed for any mitigation option shall not be less than the
school impact fees due for the proposed units, as calculated based upon the
adopted school impact fee schedule contained in the Broward County Land
Development Code. The school impact fee due for the development shall be
considered included in the total proportionate share mitigation amount due or paid. lfthe proportionate share mitigation is not accepted by the school board, the
Amended SCAD letter shall state the basis upon which the mitigation proposal(s)
was rejected and why the development is not in compliance with public school
concurrency requirements.(8) The SCAD letter shall be sent to the applicant, the Broward County Development
Management Division, and the City of Dania Beach, no later than forty-five (45) days
after acceptance of the PSIA by the school board.(9) An applicant adversely impacted by a SCAD determination may appeal such
determination by written request to the school board within the designated thirty (30)
day time period. A timely request for an appeal shall stay the requirement for an
applicant to propose proportionate share mitigation until the appeal has been
resolved.
(10) lf an application or approval expires, the SCAD letter will no longer be valid.(L) Expiration of ConcurrencyNesting.(1) The public school concurrency approval for an application shall expire if
development does not commence, as outlined in paragraph (2) below, within five
(5) years following the date of city commission approval.(2) The development application and the number antrcipated students shall be
considered vested for up io five (5) years beginning from the date the developer
received approval from the city. Vesting of an application beyond five (5) years
requires that one of the following conditions is met within the five (5) year period:(a) The issuance of a building permit for a principal building and first inspection
approval; or(b) Substantial completion of project water lines, sewer lines, and the rock base
for internal roads.(M) Local Activity Center (LAC) school impact mitigation.(1) Any application for a building permit for new residential development in the LAC is
subject to an educational mitigation requirement. As required by Broward County's
approvals of the LAC, by Policy 1161 of the school board of Broward County, and by
interlocal agreement with the county and school board, the applicant shall pay to the
school board an amount equal to the cost per dwelling unit (regardless of residential
City of Dania Beach 364 Draft: August 2010
Part I
Article 805 Land Development Code
types or bedroom mix) as derived from the cost per student station for each LAC
dwelling unit, as provided below.(a) Amount. The student station cost shall be an amount equivalent to at least one
thousand seven hundred three dollars ($1,703.00) per residential unit, and
shall be determined by the state's cost per student station schedule in effect at
the time of application for building permit.(b) County determination of adequacy required. The applicant shall present
documentation of the payment and notice to the city prior to submission of an
application for a building permit. The city shall not issue a building permit or
certificate of occupancy for residential development within the LAC without first
receiving proof that Broward County has determined that the student station
cost was paid as required and that the payment was adequate.(2) Notice to school board. The city shall notify the superintendent of the school board
or his or her designee of approval of any site plan or plat for residential development
within the LAC, which notice shall include the location of the project and the number
and type of dwelling units approved.
Sec. 805-110. Recreation and open space level of service standard, generation rates, and
impact mitigation.(A) Measurement. Measurement shall be based on net acreage of land that qualifies as
fulfilling the public recreation lands requirements of this section.(B) Level of service standard. New development shall not be approved unless there as
sufficient available capacity to sustain the following levels of service for the recreational
facilities as established in the recreation and open space element of the comprehensive
plan:
Types of Facility
Level of
Service
Standard
City parks and recreatron facilities, including all facilities credited toward
satisfying the level of service standard according to the Administrative
Rules Document of the Broward County Land Use Plan
3 acres/1 ,000
population
(C) Demand generation rates
Density in dwelling units per gross acre of
residential land area
Estimated number of persons per
dwelling unit
Over 1 up to 5 3.0
Over 5 up to 10 2.5
Over 1 0 up to 16
Over 16 up to 25 18
(.)
No. Dwelling
Units
()
Persons/Unit
Number of acres of demand
generated by the proposed
development
City of Dania Beach 365 Draft: August 2010
From 0 up to 1
20
(D) Demand calculation. Project demand is calculated using the formula
Acres
Part 8
Article 805 Land Development Code
1,000
Pop.
Examples:
A single-family development of one hundred (100) acres at a density of 4 dwelling units/acre
TABLE INSET:
3 Acres
1,000 Pop
400
Units
30
Pers./Units 3.6 Acres
(E) Dedication or payment in /leu. Prior to issuance of a building permit for a residential unit ,
the owner of the property to be developed shall dedicate land or pay a fee in lieu of land
dedication to the city, to be used for parks, passive or active open space or recreational
purposes and to meet the needs created by their development and use of the land. The
amount of land required to be dedicated is the acreage of demand that will be generated
by the development as determined in (D), above.(1) Where land dedication is determined by the city to be not feasible or appropriate, the
developer shall, in lieu of dediction, pay to the city a fee, the amount of such fee to
be based upon the fair market value of the land which would otherwise be required to
be dedicated, as determined by the city commission from time to time, based upon
current appraisals.(2) lf the development subject to a building permit has previously dedicated land or paid
a fee in lieu of dedication under this section, then the fee otherwise due at building
permit shall be reduced by the amount previously paid and attributable to the
development subject to the building permit.(3) ln any event, the maximum total percentage of any plat which shall be required for
dedication for public parks, open space or recreational purposes shall be as follows:(a) Single-family: Six (6) percent.(b) Townhouse: Twelve (12) percent.(c) Multifamily: Twenty (20) percent.(4) Where more than six (6) percent of any residential development must be dedicated
pursuant to the formula provided in this section, such additional requirements over
and above said six (6) percent may be exempted by the city commission by way of
credits allowed for private parks, open space or recreational purposes, provided that
such land is to be privately owned and maintained by the future residents of the
platted area, such ownership and maintenance to be secured by the appropriate
documents in form acceptable to the city attorney and the standards of subsection
(F), below. are met.(F) Private open space credited toward the park and open space requirement. The following
conditions apply to private open space credited toward the public park requirement.(1) Yards, court areas, setbacks and other specific, defined open areas required to be
maintained by the appropriate zoning or building regulations shall not be included in
the computation of such private open space; provided, however, that the foregoing is
not meant to imply that because a certain percentage of open space is required by
any such regulations, the total amount of such required open space is precluded
from being considered in the computation of private open space, but rather only
specifically required open areas such as yards, front, rear and side setback areas
and other such specific areas are to be excluded; and
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Article 805 Land Development Code
(2) That the private ownership and maintenance of the open space is adequately
provided for by written agreements and documents acceptable to the city attorney;
and determined based upon maximum density permitted on the property under the
land use and applicable zoning requirements, such dedication or payment shall be
completed before the issuance of building permits shall be authorized by the city;
and(3) That the use of such private open space is restricted to park, open space and
recreational purposes by recorded covenants which shall run with the land in favor of
the future owners of property within the tract and which cannot be released or
amended without the consent of the city commission after public hearing; and(4) That the proposed private open space is reasonably adaptable for use for park, open
space and recreational purposes, taking into consideration such factors as size,
shape, topography, geology access and location of the private open space land; and(5) That the facilities proposed for the park, open space and recreational use are in
substantial accordance with the recreational needs of the future residents of the plat
as determined by the city commission, the recommendation of the planning and
zoning board and the appropriate city departments; and(6) That the percentage of credit to be given for golf courses and passive and active
lakes and wateMays shall be set at a minimum of twenty (20) percent to a maximum
of sixty (60) percent by the city commission, based on their determination of the
extent of which such items meet the recreational, park and open space needs of the
future residents of the proposed plat, after a recommendation from the planning and
zoning board and the appropriate city departments.(G) Deferral of land dedication pending submission of final site plan.
Any approvals granted for a development that is required to dedicate land pursuant to this
section shall be understood to be expressly conditional upon meeting the dedication
requirements of this article for park, open space and recreational land.
Sec. 805-120. lnfrastructure construction.
lf infrastructure construction is necessary to meet adopted levels of service standards, the
developer must complete construction and issue performance bonds to ensure completion of
work within the concurrency time limit or risk forfeiture of favorable concurrency status. lf a
developer in the area wishes to complete off-site infrastructure construction that may or may not
be part of other effective developers agreements, the developer may provide such off-site
infrastructure construction in accordance with a new developers agreement that may include
reimbursable clauses for off-site rnfrastructure work and facility oversizing to meet area needs.
The original developer will be contacted concerning the potential of work being deleted from his
developers agreement. lt shall be determined by the city that modifying the original developers
agreement is in the best interests of the city. ln this case, the original developer must pay
reasonable infrastructure costs to new developer under the terms of the original or modified
developers agreement.
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Article 810 Land Development Code
ARTICLE 810. IMPACT FEES.
Sec. 8'l 0-'10. Findings.
The city commission makes the following findings in support of the creation of this article and
the adoption and imposition of fire and rescue, police, and administrative impact fees:(A) New development and growth in the city can add to and help maintain the quality of life in
the city under a balanced growth management program.(B) Effective growth management is promoted when adequate public facilities are available to
serve new growth coincident with the impacts of that grolvth.(C) The commission has caused an impact fee report in support of the impact fee ordinance to
be completed and submitted to the city.(D) As set forth in the impact fee report:(1) New development should assume a fair share of the cost of providing adequate fire
and rescue, police, and administrative facilities.(2) lmpact fees are an equitable and appropriate means to help finance the capital costs
of additional and expanded facilities needed to serve new development.(E) The implementation of fire and rescue, police, and administrative impact fees, that
requires new development to contribute its fair share of the cost of capital improvements
necessitated by growth caused by such development, promotes the general welfare of all
city residents.(F) The provision of fire and rescue, police, and administrative facilities which are adequate
for the needs of grovvth caused by new development promotes the general welfare of all
city residents and constitutes a public purpose.(G) The imposition of fire and rescue, police and administrative impact fees, that requires new
development to contribute its fair share of the cost of required capital improvements,
serves as a regulatory tool that promotes the timing and management of groMh in the city.(H) Ad valorem tax revenue and other revenues will not be sufficient to provide the additional
capital improvements for the fire and rescue, police, and administrative facilities which are
necessary to accommodate new development.(l) The impact fee report provides an adequate and lavyful basis for the adoption and
imposition of fire and rescue, police, and administrative facilities impact fees in accordance
with this article.
Sec. 810-20. Established.
As a condition of the issuance of a building permit for the initial construction of or substantial
reconstruction or expansion of a building, the person, firm or corporation who or which has
applied for the building permit shall pay to the city, the fire and rescue, police, and
administrative impact fees as is set forth in the provisions of this article.
(Ord. No. 2005-037, S 1, 9-27-05)
Sec. 810-30. Definitions.
For the purpose of this article, certain terms and words are defined. Additionally, words used in
the present tense shall include the future; the singular number shall include the plural, and the
plural the singular:
Building permit shall mean a permit issued by the building official for the construction,
enlargement, alteration, modification, repair, movement, demolition, or change in the occupancy
of a building or structure.
Capital improvements shall mean physical assets constructed or purchased to provide,
improve or replace a public facility and which are large scale and high in cost. The cost of a
capital improvement is generally nonrecurring and may require multiyear financing.
City of Dania Beach 368 Draft: August 2010
Part I
Article 810 Land Development Code
810-60. Disposition of fees.
All fees collected by virtue of this article and any interest earned on them shall be
deposited in three (3) special and separate trust accounts to be designated, "fire and
rescue impact fees account," "police impact fees account," and "administrative impact fee
account," respectively. Funds from these accounts may be expended for land acquisition
for the respective facilities. Funds from these accounts may also be expended for the
construction of capital improvements for the respective city fire and rescue, police, and
administrative facilities, and the remodeling or enlargement of existing facilities and the
equipping of same, all of which being necessitated by the impact of new construction and
additional population. However, funds withdrawn from an account must be expended on
the specific facilities for which the fees were collected.
ln addition to the foregoing, funds from these accounts may be expended for retirement of
loans or bonds that may be issued to finance capital improvements. Furthermore, these
funds may be expended for architectural, engineering, legal and other professional fees
and expenses related to capital improvements. However, the city shall not expend funds
from any of these accounts for maintenance, repairs, salaries, or other noncapital or
noncapital-related items. Each and every expenditure of funds from these accounts shall
be authorized by motion of the commission.
Feepayer shall mean any person, firm, or corporation intending to commence new
development and, during the life of the development, applies for the issuance of a building
permit.
lmpact fee repoft shall mean the fire and rescue, parks and recreation, police, and
administrative impact fees report prepared by James C. Nicholas, Ph.D., dated August 20,
2005, which establishes the basis for the fair share of capital facilities costs attributable to new
residential development based upon standard and appropriate methodologies, and a copy of
which is attached to and incorporated by reference into the ordinance creating this article.
New developmenl shall mean the carrying out of any building activity or the making of
any material change in the use or appearance of any building or structure or land, which results
in an additional impact or demand on fire and rescue, police, and administrative facilities.
Sec. 810-40. lmposition of fees.
There is assessed, charged, imposed, and enacted fire and rescue, administrative, and police
impact fees on all new development occurring within the city. These fees will be assessed,
charged, or imposed in accordance with the fee schedule adopted from time to time by
resolution of the commission. 1,9-27-O5)
Sec.
(A)
(B)
City of Dania Beach 369 Draft: August 2010
Sec. 810-50. Payment.
The impact fees shall be paid to the city by the feepayer at the time the building permit is
issued.
Part I
Article 815 Land Development Code
ARTICLE 815. REQUIRED RIGHT-OF-WAY WIDTHS FOR CITY STREETS.
Sec. 81 5-'10. Applicability, purpose.
(A) This article establishes the required widths of all rights-of-way in the city for the purpose of
determining whether street dedications are required in connection with platting or
development of property within the city.(B) ln the event of conflict between this article and the street sections approved by the city
commission in the CRA Redevelopment Plan for streets within the CRA form-based
zoning districts, the approved sections in the CRA Redevelopment Plan shail prevail over
this article.
Sec. 815-20. Schedule of required rights-of-way widths.
Street Name
Segment Planned
RrShtd-
Wry\A/idfr
(feet)
Measurement
NotationsFromTo
North city limits Dania Cut-Off Canal 106
Dania Cut-Off Canal N South city limits o,
Measure from existing
east rig ht-of-way line
between NW and SW
1( streets
S.W. 1st Avenue
N.W. 1st Avenue S.W. 1st Street N.W. 3rd Street
Centerline is 24 feet from
east rig ht-of-way line,
and 26 feet from west
riqhtof-way line
Phippen Road S.W. 1st Street Dixie Highway
S.W. Dixie Highway FEC Railway South city limits 72
East city limits Federal Highway (U.S
Highway No. 1)50 Measure north from
section line
Dania Beach
Boulevard
Federal Highway (U.S
Highway No. 1)West city limits 120
Federal Highway (U.S
Hiqhway No. 1)S.E. 2nd Avenue 50 l\4easure south from the
no(h riq ht-of-way line
S.W. Park Street S.W. 1st Avenue S.W. 3rd Avenue 56 l\4easure south from the
north riq ht-of-way line
S.W. 1st Street S.W. 3rd Avenue S.W. 1st Avenue 56 Measure north from the
south rig ht-of-way line
S.W. 3rd Avenue
N.W. 3rd Avenue S.W. 1st Street N.W. 1st Street 53
Tigertail Road Florida East Coast
Railway west city limits 70
N.W. 3rd Avenue N.W. 1st Street N.W. 3rd Street 47 .25
Stirling Road Florida East Coast
Railway West city limits 72 feet &
5 inches
S.W. 1Oth Street Federal Highway
(U S. Hishway No. 1)S.W. 2nd Avenue 50 Measure north from
south rightof-way line
S.W. Dixie Highway Federal Highway
(U.S Highway No. 1)
Florida East Coast
Railway t)tr
Measure 33 feet from
the center line of the
pavement
S.W. 12th Avenue South city limits Old Griffin Road 70 \Mere the street is not
City of Dania Beach 370 Draft: August 2010
Federal Highway
(U.S. Highway No. 1)
50
Sheridan Street
S E. 7th Street
Part 8
Article 815 Land Development Code
N.W. 12th Avenue (a. k.a. Broward Road)entirely within the city
limits, measure 35 feet
east of the section line
(which is approx-
imately parallel to, and
coincides with, the
street center line)
S.E. 2nd Street N.E. 2nd Street 48
Dania Beach
Boulevard N.E. 1st Street 62
N.E. sth Avenue
S.E. 5th Avenue Dania Cut-Off Canal Sheridan Street 70
S. E. 1 1th Terrace S.E. 2nd Avenue East city limits 60
N W. 10th Street West city limits
Measured 35 feet south
from the centerline (the
north half of the road no
longer exists)
Sec. 815-30. Undesignated streets.
All other existing or dedicated streets that are not listed in this schedule are designated and
determined to have a prescribed width of fifty (50) feet, and no building or other structure shall
be erected closer than twenty-five (25) feet to the center line of such streets. The dedicated
portion of such streets if any, shall constitute a portion of the fifty{oot street right-of-way. The
public services director shall determine and fix the exact location of such streets, avenues and
public ways.
City of Dania Beach 37'.1 D.aft: August 20'10
N.E. 1st Avenue
S.E. 1st Avenue
N.E. 1st Court N.E.
2nd Avenue
Federal Highway
(U.S. Highway No. 1)
Part I
Article 820 Land Development Code
ARTICLE 820. TREE ROOTS DAMAGING PUBLIC PROPERTY.
Sec.820-'10. Trees, roots damaging public property-Notice to community development
director.
Whenever roots and branches of any trees, hedges, or other plant growth have, in the opinion ofthe public services director, caused damage or destruction or are in imminent danger of
damaging any sidewalk, curb, gutter, street pavement, utility line or other city-owned or publicly
owned property, the director of public services shall notify the owner of the trees, hedges, or
other plant growth by notice in writing, to cut down, destroy, or remove such trees within ten ('lO)
working days from the date of receipt of the notice, provided that for tree removal, a complete
and adequate tree removal permit application, required pursuant to 825-30, shall be submitted
to the community development department within ten (10) working days of receipt of the notice,
and the tree(s) shall be removed pursuant to a tree removal license within ten (10) days of
permit issuance. ln the event the owner fails or refuses to cut down, destroy, or remove same
within the required timeframe, the director of public services shall cause the trees, hedges, or
other plant growth to be removed or destroyed and shall charge the cost of such removal or
destruction against the owner. The amount of the cost to the city shall be constituted as a lien
upon the property and shall be added to the utility bill.
Sec. 820-20. Same--Removal on public property.
Upon receiving notice of such damage or destruction as set forth in sec. 820-10 hereof and if
such tree or trees shall be growing upon property of the city, the community development
director shall determine rf any root pruning, installation of a root barrier or any other code-
acceptable practice, including relocation can remedy the situation. lf it is determined that these
proposed actions required by the adjacent property owner can not remedy the situation, then
the community development director shall immediately request such tree or trees to be removed
with a tree removal license and replaced. lf the tree or trees are growing in the swale area
which abuts a residential or nonresidential structure it shall be the responsibility of the adjacent
property owner to remove such tree or trees at their expense and to replace such tree or trees
with an approved tree or trees as directed by the community development director. A tree
removal license shall be issued prior to the removal of the tree or trees. The adjacent property
owner shall also be responsible for the repair of any public property damaged by such tree or
trees.
Sec. 820-30. Same--Removal on private property.
Upon receiving notice of any damage or destruction as set forth in sec. 820-10 hereof or upon
receiving notice of any such damage or destruction or imminent damage or destruction to a
private property, and if such tree or trees shall be growing upon private property abutting an
adjacent private property and causing damage or destruction of such adjacent property, the
community development director shall determine if any root pruning, installation of a root barrier
or any other code acceptable practice, including relocation can remedy the situation.
lf it is determined by the community development drrector that these proposed actions required
by the property owner can not remedy the situation, then the community development director
shall immediately notify the owner of such property in writing to obtain a tree removal license
(with the required tree replacement) to cut down, or remove such tree or trees within thirty (30)
days from the date of receipt of such notice in accordance with the article 825 (tree
preservation).
ln the event such owner shall fail to cut down, destroy or remove the tree or trees within thirty
(30) days, then the community development director shall cause such tree or trees to be cut
City of Dania Beach 37?Draft: August 2010
Part 8
Article 820 Land Development Code
down, removed and estimate replacement tree(s) value by the city and shall charge the cost of
such removal or replacement against the owner, and the amount of the cost to the city shall be
a lien upon the property.
City of Dania Beach 373 Draft: August 2010
Land Development Code
Sec. 825-10. Short title.
This article shall be known and may be cited as the Tree Preservation Ordinance of the City of
Dania Beach.
Sec. 825-20. Declaration of intent.
The City Commission of the City of Dania Beach (the "commission") finds and declares that
preservation of trees is integral to the preservation of air and water pollution in that trees use
their leaf surface to trap and filter out ash, dust and pollen in the air, helping to alleviate air
pollution: that the root systems of trees hold and consolidate soil and other loose earthen
materials, helping to prevent erosion, reduce non-point source water pollution and maintatning
the continued vitality of natural habitats for propagation and protection of wildlife, birds, game,
fish and other aquatic life; and that removal of trees causes increased surface runoff which
contributes to water pollution. Owing to the many benefits provided to the community by trees, it
is the intent of the commission, in order to protect the air and water of the city, to preserve this
valuable natural resource of the city for the health, safety and welfare of the general public.
While the destruction of a single tree may not have a significant environmental impact, the
commission recognizes that tree destruction has a cumulative impact that causes severe
environmental degradation and causes severe deterioration of the quality of life in Dania Beach
and, because of this impact, the commission finds that tree destruction is a public nuisance that
must be controlled. ln the evaluation of a tree removal license, priority shall be given to
preservation, relocation, replacement and payment into the tree preservation trust fund.
Sec.
(A)
(B)
(c)
825-30. Tree removal license required.
Generally. A person shall not cause, suffer, permrt or allow the removal or the effective
destruction of any tree within the geographic boundaries of the city without first obtaining a
license from the city as provrded in this Land Development Code. The property owner,
holder of an easement or person removing a tree without a license shall be responsible for
the violation. The removal of trees in violation of this article is a public nuisance.
Historical lrees. A person shall not cause, suffer or allow the removal of any historic tree
without first obtaining a variance from the commission to conduct the removal.
Land clearing. Land clearing and site development where such activities may result in the
removal of trees shall not occur until a tree removal license has been obtained. This may
include site developments with an approved landscape plan that do not propose to remove
trees but are required to preserve trees in place and provide a bond to assure their
preservation.
Sec. 825-40. Landscape Technical Manual.
The city shall prepare and, from time to time, revise a landscape manual which shall provide
specifications for and an illustration of the requirements of articles 275,82O,825 and 830. The
community development department shall make the manual available to the public.
Sec. 825-50. Defi nitions.
ln interpreting the provisions of this article, if no definition is provided and the context permits,
the latest editions of the following publications recognized as authoritative in the field shall
apply. The publications are listed in order of authority should discrepancies occur.
(A) City of Dania Beach Landscape Technical Manual
City of Dania Beach 374 Draft: August 2010
Part 8
Article 825
ARTICLE 825. TREE PRESERVATION.
Part 8
Article 825 Land Development Code
(B) American National Standards lnstitute (ANSI) A-300, Tree, Shrub and Other Woody Plant
Maintenance - Standard Practices and 2-1331; Safety requirements for Arboricultural
Operations;(C) Florida Department of Agriculture Division of Plant lndustry, Grades and Standards for
Nursery Plants;(D) Florida Exotic Pest Plant Council lnvasive Plant List;(E) Council of Tree and Landscape Appraisers, Guide for Plant Appraisal;(F) Florida Power and Light, Plant the Right Tree in the Right Place Brochure;
(G) Florida Urban Forestry Council, Selecting and Planting Trees for the South Florida Forest;
(H) Wunderlin and Hansen, Guide to the Vascular Plants of Florida;(l) Matheny and Clark, Trees and Development - A Technical Guide to Preservation of
Trees;(J) Harris, Clark and Matheny, Arboriculture: lntegrated Management of Landscape Trees,
Shrubs and Vines;(K) Gary W. Watson and E.B. Himelick, Principles and Practices of Planting Trees and
Shrubs;(L) Matheny and Clark, Guide to the Evaluation ol Hazard Trees in Urban Areas
ln addition to the definitions of the city zoning ordinances the following definitions shall apply.
When a word, term or phrase is not defined, the definitions provided by the publications listed in
above shall apply.
Access way: A private vehicular roadway intersecting a public right-of-way.
Applicant: The owner of the property or his legally authorized agent.
Balled and burped (B&B): Field-grown trees or shrubs with roots established in an earthen ball
encompassing the root system necessary for the full recovery of the plant; wrapped and bound
to support the root ball.
Berm: An earthen mound
Breast height: A height of four and one-half (4 112) feet above natural grade
Clear trunk: Point above the root ball along the vertical trunk of a tree at which lateral branching
or fronds begin.
Clear wood (gray wood): That portion of the palm trunk which is mature, hard wood measured
from the top of the root ball to the base of green terminal growth or fronds.
Condition: ln reference to a tree, refers to the overall structure and health of the plant, taking
into consideration form, pathogens, root structure, and apparent patterns of health over time. ln
general, condition is identified according to the following classifications:
Good: a tree with structural, pathogenic or other problems not apparent or apparent in a
limited extent that will not compromise the long{erm health of the tree.
Fair: a tee with structural, pathogenic or other problems that have compromised the
health of the plant, but either occurring to an extent insufficient to bring the tree into a
City of Dania Beach 375 Draft: August 2010
Canopy coverage; The aerial extent of ground within the drip line of the tree.
Part I
Article 825 Land Development Code
state of decline, or that may effectively be treated and the tree restored to health using
proper arboricultural practices.
Poor: a lree with structural, pathogenic or other problems that have compromised the
health of the plant enough to cause a state of decline in the tree or that cannot be
effectively treated with proper arboricultural practices and are expected to continue to
deteriorate the health of the tree over time.
Container grown: Plant material grown in a contarner of suitable size to allow adequate room for
the healthy development of the root system.
Decline: ln reference to the condition of a tree or palm, a state of worsening health or condition
such that the tree or palm will likely die within two years.
Drip line: A vertical line extending from the outermost branching of a tree or plant to the
ground.
Effectively destroyed: lileans to cause, suffer, allow or permit any act which will cause a tree to
die or to go into a period of unnatural decline within a period of one ('l) year from the date of the
act. Acts which may effectively destroy a tree include, but are not limited to, damage inflicted
upon the root system by heavy machinery, excessive trimming, changing the natural grade
above the root system or around the trunk, damage intentionally inflicted on the tree permitting
infection or pest infestation, application of herbicides or other chemical agents or intentional fire
damage to the tree permitting infection or pest infestation, the infliction of a trunk wound that is
thirty (30) percent or greater of the circumference of the trunk, or the removal of sufficient
canopy to cause the unnatural decline of the tree.
Equivalent replacement: A substitute for the tree which it replaces as determined by the director
of community development, or his designee.
Equivalent value: A monetary amount reflecting the cost of vegetation to be replaced.
Gray wood: See "clear wood."
Ground cover: Low growing plants that, by nature of their growth characteristics, completely
cover the ground and do not usually exceed two (2) feet in height.
Hazard tree: A tree or palm that has structural, pathogenic or other problems beyond the natural
habit for the species, that poses an imminent threat to people or property due to failure of a
portion or the entire tree. A hazard tree must have a potential target (object in danger of
damage). A tree may not be classified as a hazard solely by species or proximity to a target, a
special potential for failure must be present. Trees with structural, pathogenic or other problems
that may be remedied usrng proper pruning, fertilization, pest control or other standard
arboricultural practices are not considered hazardous trees.
Hedge: An evenly spaced planting of shrubs which forms a compact, dense, visually opaque,
living barrier.
City of Dania Beach 376 Draft: August 20'10
Diameter breast height (DBH): The diameter of a tree trunk measured at four and one-half (4
112) feet above grade measured in accordance with the most recent guldelines published by the
US Forest Service.
Part 8
Article 825 Land Development Code
Historical freei A particular tree or group of trees, as approved by the city commission, which
has historical value because of its unique relationship to the history of the region, state, nation
or world.
tnvasive plant specles: Plant species that originated in other parts of the world and that have the
potential to cause harm to native plant communities. Particular species are those identified as
Category I or Category ll invasive species on the current version of the Florida Exotic Pest Plant
Council's lnvasive Species List. The community development director may edit this list (for
applicability for city requirements) including designating additional invasive species as
necessary or if this publication is out of print.
Land clearing: The clearing of vegetation and soils for the purpose of land development
activities. This includes, but is not limited to, construction for buildings, right of ways, utility
easements or access, drainage ways, parking lots and other structures, rock mining, and
agricultural activities that involve the removal of trees as defined by this section.
Landscaping:(A) (When used as a noun) Living plant material such as, but not limited to turf, ground cover,
shrubs, vines, trees or palms and non-living durable materials commonly used in
environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences and
aesthetic grading and mounding: but excluding paving and structures.
(B) (When used as a verb) The process of installing or planting materials commonly used in
environmental design.
Landscape irrigation: The outside watering of shrubs, trees, lawns, grass, ground covers, vines,
gardens and other such flora, not intended for resale, which are planted and are situated in such
diverse locations as residential and recreation areas, cemeteries, public, commercial and
industrial establishments, and public medians and rights-of-way.
Micro-irrigation: The application of small quantities of water on or below the soil surface as
drops or tiny streams of spray through emitters or applicators placed along a water delivery line.
Microirrigation includes a number of methods or concepts such as bubblier, drip, trickle, mist or
micro spray and subsurface irrigation.
Mulch: An organic material (arsenic-free) such as wood chips, pine straw or bark placed on the
soil to reduce evaporation, prevent soil erosion, control weeds and enrich the soil.
Native plant species. Those identified as native to the geographic area (county or region as
listed) in lhe Guide to the Vascular Plants of Florida, by Dr. Richard P. Wunderlin and Bruce F.
Hansen, and as amended by the Association of Florida Native Nurseries.
Native topsoil: The uppermost layer of existing soil on an undisturbed site, capable of supportrng
plant g rovvth.
Offs/e: For tree relocation and tree replacement, means any location in excess of one mile from
the tree's original location.
Onsite. For tree relocation and tree replacement, means any location one (1) mile or less from
the tree's original location.
City of Dania Beach 377 Draft: August 2010
Part 8
Article 825 Land Development Code
Overall height: The measurement of a plant from the top of the root ball at the soil line to the tip
of the uppermost part of the plant.
Owner-occupied. A dwelling in a habitable condition occupied by the owner of record, as the
owner's primary residence, and holding a valid certificate of occupancy.
Planting so/. A medium composed of naturally occurring mineral particles and organic matter,
whrch provides the physical, chemical and biological properties necessary for plant growth.
Potable water: \Nater that is suitable for drinking, culinary, or domestic purposes
Protective barrier: Fences or like structures at least four (4) feet in height that are
conspicuously colored and prevent or obstruct passage.
Shrub: A woody plant with typically more than one stem produced from the base which naturally
grows to or is maintained in a healthy state at a maximum overall height of twenty (20) feet, with
no single stem achieving a DBH of 2 % inches or greater.
Site specific plant material:The use of the best adapted plant species to minimize
supplemental irrigation, fertilization and necessary pest control.
Sod: See "turf'
Specra/ status category tree: Any tree or group of trees thai occur in any of the following areas
as designated in sec. 825-'140:(A) Native forested community,
B Local area of particular concern,
C Natural resource area,
D Urban wilderness area,
Specimen trees are also included within this designationE
Specimen lree: Any hardwood or conifer tree which has a DBH of eighteen (18) inches or
greater; and any palm tree which has a minimum of six (6) feet of clear wood and a DBH of
twelve (12) inches or greater. The following trees are not specimen trees:
(A) Fruit trees that are cultivated or grown for the specific purpose of producing edible fruit for
commercial sale;(B) Species of the genus ficus provided however, the following trees may be considered
specimen trees: F. aurea (strangler fig), F. laevigata (short leaf fig), F. rubiginosa (rusty fig
or rust leaf fig), F. jacquinifolia; Paurotis palm (Acoelorraphe wrightii), the Phoenix palm
(Phoenix reclinata), and all other clustering palms;
(C) Species identified as Category I or Category ll invasive species on the most recent version
of the Florida Exotic Pest Plant Council's lnvasive Species List; and
(D) Trees and palms that are dead, in poor condition or are considered a hazard.
Tree. Any living, self-supporting, gymnosperm (conifer) or dicotyledonous (broadleaO woody
perennial plant which has a DBH of no less than two and one-half (2 1/2) inches and normally
grows to an overall height of no less than fifteen (15) feet in southeast Florida.
For general purposes and when not specifically stated otherwise, the term tree applies both to
plants meeting the preceding definition and to palm trees, as defined separately in this section.
city of Dania Beach 378 D.aft: August 2010
Part 8
Article 825 Land Development Code
However, various sections of the city code may have differing requirements and allowed uses of
trees and palm trees.
Tree, intermedialei A tree which naturally develops an average height of a minimum of twenty
(20) feet, as characteristic of the species.
Tree canopy:The upper portion of the tree consisting of limbs, branches, and leaves.
Tree, palm: A monocotyledonous tree-like plant having fronds with parallel venation and no true
woody bark with a minimum overall natural height of fifteen (15) feet at maturity.
Tree, shade/canopy: Atree, which by virtue of its natural shape, provides at maturity a
minimum shade canopy averaging forty (40) feet in diameter and forty (40) feet in height.
Tree, small:A tree which naturally develops an average maximum height of twenty (20) feet as
a characteristics of the species.
Tree, standard: A wood perennial plant with one stem which has been turned into an upright,
small, tree-like form.
Tree protection zone: lhe greater area of the drip line or the default protection zone as follows,
unless a tree protection zone has been designated on an approved landscape plan. The default
tree protection zone encompasses the trunk of the tree and extends to a radius of five (5) feet
for palms, eight (8) feet for trees with a DBH of 2.5 inches to eighteen (18) inches and fifteen
(1 5) feet for trees with a DBH of greater than 18 inches.
Tree suNey: A document pertaining to a particular property or group of properties meeting the
requirements of 21-HH F.A.C., and must provide, at a minimum, the following information:(A) The location plotted by accurate techniques, of all existing trees within the property
boundaries and fifteen (15) feet outside of the property boundaries;
The common and scientific name of each tree,
The DBH of each tree, or if a multiple trunk tree;
Canopy coverage in square feet;
Condition of the tree (Good, Fair, Poor or Dead);
Appraised value (for specimen trees); and
Proposed disposition (Remain, Remove, Relocate).
Vehicular encroachment: Any portion of a motor vehicle outside of the boundaries of a
vehicular use area that protrudes into a landscape area.
yinesr Any plant with a long, slender stem that trails or creeps on the ground or climbs by itself
on a support.
Xeriscape. A landscaping method that minimizes the need for irrigation by the use of site-
appropriate plants and an efficient watering system.
Sec. 825-60. General licenses.
The following activities are granted a general license to conduct tree removal(s), provided that
the provisions and restrictions listed for the respective activity type are met. A general license
(B)
(c)
(D)
(E)
(F)
(G)
City of Dania Beach 379 Draft: August 2010
Turf (sod): Upper layer of soil bound by grassy plant roots and covered by viable grass blades.
Part 8
Article 825 Land Development Code
that requires a use notice shall be valid for a period of three (3) months after the notice is
received by the city. A one-time extension of up to six (6) months may be issued provided that
the proposed activities otheMise meet the conditions of the general license. Where any activity
regulated by the tree removal license has occurred, the licensee must comply with all conditions
of the license even though the license may have expired.
(A) Removal of trees occurring in regulated waters as defined by sections 27 -331 to 27 -339 of
the Broward County Code of Ordinances when the mitigation required by that license for
the removal of the trees is equal to or greater than the replacement requirements of this
article. A copy of the Broward County license along with a general license use notice is
required to be submitted to the community development department fifteen (15) days prior
to proposed tree removal activities to use this general license.(B) Nursery operations: All licensed and governmental nurseries may conduct tree removal
activities without prior notice to the city, but only in relation to those plants which are
planted and growing for sale or intended sale in the ordinary course of business or for
public purpose.(C) Removal ol a hazard tree, i.e. a tree that is diseased, injured or in danger of falling, to the
extent that its continued existence threatens the health or safety of contiguous persons or
property provided that the owner of the property. A general license use notice is required
to be submitted to the community development department 15 days prior to proposed tree
removal activities. The general license use notice must include a plan to replace, by
replanting, trees by and palms proposed for removal on a one{o-one basis.(D) Under emergency conditions such as hurricanes, war, or other natural disasters of similar
scope, government agencies including but not limited to county utilities, water
management districts, improvements districts, county airports, Florida Department of
Transportation, city utilities and franchised utilities, except as provided below, may remove
a tree in order to prevent an imminent interruption of service or to restore interrupted
service. A general license use notice is required to be submitted to the community
development department within thirty (30) days after tree removal activities have been
initiated.(E) During emergency conditions caused by a hurricane or other disaster, the city manager
may issue a general license for tree removal activities for trees that have been affected by
such act, to the general public or selected enthies. This general license may require a
general license use notice submittal or the city manager may waive this requirement.(F) Removal of any tree in owner-occupred residential properties of one ('l) acre or less
developed for detached single-family and duplex usage. A general license use notice is
required to be submitted to the community development department fifteen ('15) days prior
to proposed tree removal activities. The following activities are not authorized by this
general license:(1) Removal or relocation of planted landscape trees prior to the issuance of a certificate
of occupancy;
(2 Removal of hastorical, special status, or specimen trees;
Removal of an abused tree;(3
(4 Removal of trees on a property that has a pending code compliance citation; or
(5 Replacement trees required by a tree removal license or site plan approved trees
(G)Removal of trees, except historical or special status trees, by franchised utilities within an
existing utility easement. The franchised utility must submit a general license use notice to
the community development department and the recorded owner of the property 5 days
prior to proposed tree removal activities. The record owners may appeal to the city prior to
the expiration of the fifteen (1s)-day period. Tree removal may proceed after the expiration
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of the fifteen (1s)-day period, providing no letters of appeal have been received by the city.
The general license use notrce submitted to the city must include documentation that.(1) The tree wrll cause a contlnual disruption of service (specimen palm trees may be
removed under this provision);(2) The easement or property is in actual use conveying utilities, and(3) The threat of service interruption cannot be corrected by tree pruning in(4) accordance with the American National Standards lnstitute (ANSI A-300) as
amended; or(5) The removal is for the purpose of providing nedadditional onsite service to existing
development.(H) Removal of trees, except historical or special status category trees, by a water
management district or improvement district in or within a recorded maintenance
easement of canals and lakes operated by the disirict. The district must submit a general
license use notice to the community development department fifteen (15) days prior to
proposed tree removal activities. The district may remove the tree(s) provided that the
removal complies with all the standards, requirements, and conditions, other than
Licensing (sections 825-70 and 825-80) and Bonding (section 825-150) of this article.(l) Removal of trees, except historical or special status category trees, by the Florida
Department of Transportation, Broward County or the city department of public services,
on roads and road rights-of-way maintained by the county or city, provided that a general
license use notice is submitted to the community development department 15 days prior to
proposed tree removal activities. After the expiration of the fifteen-day period the trees
may be removed provided that the removal complies with all standards, requirements, and
conditions, other than Licensing (sections 825-70 and 825-80) and Bonding (sec. 825-1S0)
of this article.(J) Removal of invasive tree species identified as Category I or Category ll invasive species
on the current version of the Florida Exotic Pest Plant Council's lnvasive Species List. A
general license use notice is required to be submitted to the community development
department 1 5 days prior to proposed tree removal activities.)
Sec. 825-70. License application.
An owner of fee simple title may apply for a tree removal license. After submitting certified
approval of the fee simple owner, the agent of the owner, the lessee of the property, optionee,
contract purchaser, or holder of an easement may apply for a tree removal license. A holder of
an easement may obtain a license only when the proposed tree removal is consastent with the
use granted by the easement. The city shall require that any tree surveys or site plans be
prepared by any person qualified to do so under the Laws of Florida.(A) Application for license. Application for a tree removal license shall be made on city forms
and be, at a minimum, accompanied by the following documents:(1) A complete, signed and notarized application form;(2) A map showing the size and location of the site where the licensed activities are to
be conducted;(3) A starting date and duration ofthe proposed licensed activities;(4) A brief description of the work to be performed, including a drawing of the proposed
work or a certified site plan as determined by the city, showing the location of all
existing or proposed buildings, structures, and site uses;(5) A tree survey and site plan of identical scale designating those trees which areproposed to be preserved, relocated, or removed. However, in no case shall a tree
survey be required when five or less trees are proposed for removal or for owner-
occupied residential properties of one (1) acre or less developed for detached single-
family and duplex usage;
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(6) A relocation plan per sec. 825-90 or documentation that relocation is not a viable
alternative for the project; and(7) The certified legal description of the site.(B) Application filing fee:(1) Before any application for a license required under this article is accepted for review,
a license application filing fee shall be tendered. The amount of the fee shall be as
established by resolution of the city commission.(2) The [cense application filing fee is not refundable and may not be applied to any
license application other than the one for which it was originally paid.(3) For any substantial deviation from the original application there shall be an additional
fee. The amount of the fee shall be established by resolution by the city commission.(C) Application for a tree removal license constitutes consent by the property owner or
applicant for the city to conduct site inspectrons in furtherance of this article on the subject
property.
Sec.
(A)
(B)
(c)
(D)
(E)
(F)
825-80. Tree removal license.
As a condition precedent of any land clearing or site development where any tree removal
or relocation is to be conducted, except as otherwise exempted under this article, a person
may submit a sworn affidavit to the city stating that the property the person wishes to
develop does not contain trees that are protected under this tree ordinance. The city may
conduct a review or site inspection.
A tree may be removed only when an applicant has demonstrated to the city that the
proposed or existing developments, including residentially zoned properties, cannot be
located on the site without the removal of the tree, and that there is no practical way to
avoid tree removal. ln determining if the applicant may remove trees pursuant to a tree
removal license the city shall consider at a minimum the following:(1) The applicant has made every reasonable effort to incorporate existing trees and to
minimize the number of trees removed;(2) The trees proposed to be removed are the minimum number necessary; and The
trees proposed to be removed are of poor quality and appearance, are damaging
existing improvements, are creating ongoing safety problems for existing
development, or are growing in too close proximity to other trees to permlt normal
growth and development of affected trees consistent with good forestry practices.
(3) The applicant must relocate the trees to be removed. lf relocation is not a viable
solution, an applicant shall replace removed trees. lf it is determined that an
applicant cannot relocate nor replace removed trees, the applicant shall pay the
appropriate fee into the tree preservation trust fund.
A determination of the extent of environmental impact by the project development as
covered by the scope of this article shall be performed by the city. This determination shall
be based upon drawings or site plans and a completed tree removal license application
form submitted to the city by the applicant. City staff shall have the right to conduct field
inspections.
The applicant shall be responsible for the relocation or the replacement of trees removed
for utilities, roads, drarnage, and other services constructed to benefit the property for
which the application was filed.
Other trees. The licensee shall only remove those trees so specified in the license. Any
damage to any other tree on the site shall constitute a violation of this article.
Duration. A license shall be valid for the development for not more than six (6) months
from the date of issuance. A one-time extension of up to one (1) year may be issued
provided there is no substantial deviation from the original application and the license
extension complies wath all standards in effect at the time of the license extension.
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Additional conditions may be imposed in the license extension when there is a change in
site conditions that may affect trees. Where any activity regulated by the tree removal
llcense has occurred, the licensee must comply with all conditions of the license even
though the license may have expired.(G) Other conditions. The city may impose other conditions as part of the license in order to
promote health and survival of the trees proposed for replacement and onsite trees
intended to be preserved during site development activities.
Sec.
(A)
(B)
825-90. Tree relocation.
lRelocation plan I Before the city issues a tree removal license that allows the replacement
of any tree, the applicant must demonstrate that relocation is not a viable alternative.
Relocation shall occur either within the site or offsite with the concurrence of the city,
where the site is public property, or with the concurrence of the property owner, where the
site is private property. The site shall be in reasonable proximity to the original site and
have physiographic conditions similar to the original site. lf any tree is to be located either
onsrte or offsite, a relocation plan shall be submitted. Relocation plans, as required by this
section, must first be reviewed and approved prior to granting the tree removal license.
Before a license is issued for tree relocation, performance bonds may be required to be
posted.
Methods for relocation. The iollowing guidelines shall be utilized to ensure successful
transplanting of trees designated for transplanting:(1) Any tree being relocated shall not be unnecessarily damaged during removal,
transport or replanting of that tree.(2) Trees should be transplanted at an appropriate time based on climate and species
requirements. Transplantations should be avoided during periods where irrigation is
restricted to the extent that it may have a negative impact on tree survival. The city
may approve an extension of the tree removal license in this situation.(3) Adequate spaces for root and crown development shall be provided.(4) Trees shall be root and canopy pruned according to ANSI A-300. standards a
minimum of thirty (30) days prior to transplanting.(5) During and following transplantlng, the root ball and trunk shall be protected. The
root ball must be kept moist at all times.(6) Transplanted trees shall be braced for at least one (1) year.(7) Transplanted trees shall not be fertilized at planting time, but shall be watered
sufficiently until the tree growth is re-established.(8) All crown pruning shall be done in accordance with the American National Standards
lnstitute (ANSI A-300) as amended.
Performance bonds may be required to be posted. The following procedures shall be used
to determine the tree replacement requirements:(1) Tree canopy coverage onsite shall first be determined using one (1) or any
combination of the following methods: review of aerial photography, onsite
inspection, or review of a tree survey. The city may require the applicant to submit a
tree survey in order to substantiate tree canopy coverage determinations make this
determination.(2) Relocation of trees on-site will be counted towards equivalent replacement canopy.
City of Dania Beach 383 Oraft: August 2010
Sec. 825-100. Tree replacement.(A) Replacement criteria. frees that are removed and not relocated shall be replaced so that
there is, at a minimum, no loss of tree canopy coverage upon maturity of the replacement
trees.
Part 8
Article 825 Land Development Code
(3) Relocation of trees offsite shall be counted as half credit towards equivalent
replacement. Guidelines in this section shall be followed for any trees to be
relocated.(4) For tree replacement requirements of one (1) to five (5) trees, a minimum of one (1)
species shall be utilized as a replacement tree. For six (6) to ten (10) replacement
trees required, a minimum of two (2) species shall be utilized. For eleven (1 1) to
twenty (20) replacement trees required, a minimum of three (3) species shall be
utilized. For twenty one (21) to fifty (50) replacement trees required, a minimum of
four (4) species shall be utilized. For fifty one (51) or more replacement trees
required, a minimum of five (5) species shall be utilized.(5) For trees removed on all new or amended developments pursuant to subec. 825-
80(B), an additional fifty (50) percent tree replacement shall be required.(6) A determination of the number of trees to be replaced shall be performed. This
determination shall be based upon the area of impact and the category of
replacement trees selected by the applicant. The canopy replacement at tree
maturity shall at least equal the canopy removed. The following table shall be used to
determine the number of required replacement trees:
Minimum standards for tree replacement.(1) All trees to be used as replacement trees shall be a minimum quality of Florida No. 1
grade or better (Florida Department of Agriculture).(2) Trees identified as Category I or Category ll invasive species on the most recent
version of the Florida Exotic Pest Plant Councii's lnvasive Species List may not be
used as replacement trees. The city may disallow additional species for replacement
depending on the appropriateness of the species for the site as well as factors such
as hurricane and pest resistance and maintenance requirements. The City of Dania
Beach Landscape Technical Manual should be consulted for the latest list of
recommended trees for planting within the city. The applicant shall have the option of
choosing the category of trees for replacement provided that the total square footage
of canopy coverage effectively destroyed, and at least fifty (50) percent of the
replacement trees are from Category 1 . lf Category 1 native trees are unavailable,
the Category 2 trees may be used to fulfill this requirement.(a) Category 1:Minimum of twelve ('12) feet in height and two (2) inches DBH at
time of planting (see Landscape Technical Manual).(b) Category 2-Minimum of eight (8) feet in height at time of planting (see
Landscape Technical Manual).(c) Category 3-Minimum of six (6) feet in height at time of planting (see
Landscape Technical Manual).(d) Category 4:This covers replacement palm trees, minimum of six (6) feet clear
trunk or greywood at time of planting (see Landscape Technical Manual).
Removat of replacement frees. Replacement trees shall not be removed or effectively
destroyed unless approval has been granted by a valid tree removal license. The original
licensee and owner of any property on which trees have been replaced or relocated Shall
(B)
(c)
Replacement Tree Category
lsee paragraph (B)(2), beloyl
Equivalent Replacement Canopy Area in
Square Feet
Category 1 300
Category 2 150
Category 3 100
Category 4 50
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place of record a notice that shall inform subsequenl purchasers, assigns and occupants
of the replacement site, that trees on the replacement site may not be removed without a
valid tree removal license.
(D) Exemption from tree replacement for single family or duplex lots. Trees on a single family
or duplex lot with a number of trees in excess of minimum requirements under sec. 275-
160 (landscape requirements for single-family and duplex lots) are not required to be
replaced, provided that the minimum number of trees under sec. 275-160 are maintained
or relocated on the lot and existing trees counted towards the minimum requirement have
been installed greater than one year from the date of the tree removal license application.
Sec,
(A)
(B)
825-110. General relocation/replacement conditions.
Any tree remaining onsite shall not be unnecessarily damaged while relocating trees or
planting or preparing the site for any replacement trees.
Replacement or relocated trees shall not be placed where they will interfere with existing
or proposed utilities, either above or below ground. Acceptable trees that can be planted in
the vicinity of overhead power lines are listed in the City of Dania Beach Landscape
Technical Manual and in the Florida Power and Light, Plant the Right Tree in the Right
Place brochure.
Where practicable, replacement tree species, installation methods and maintenance
methods shall follow xeriscape principles.
The licensee shall replace each tree specified in the license within thirty (30) days of the
date of the start of tree removal activities. A time extension may be granted if future
construction will endanger the replacement trees. However, where an extension for
planting has been granted, each tree specified in the license must be replaced prior to
approval of a certificate of occupancy or completion.
All relocated or replacement trees shall be located where they will have adequate space
for root and canopy development, except where small trees planted in close proximity to
one another are to be later relocated to other areas of the site.
Relocated or replacement trees which may reach a height of thirty (30) feet shall not be
placed within twenty (20) feet of an overhead utility line as outlined or in Selecting and
Planting for the South Florida Urban Forest.
(c)
(D)
(E)
(F)
City of Dania Beach 385
Sec. 825-'120. Maintenance/monitoring requirements.(A) Maintenance period. f he licensee shall be responsible for maintaining the health of any
replacement or relocated tree for one (1) year from planting.
(B) Determination of success.(1) The city may assess the condition of each tree one ('1) year after the tree was
relocated or planted, or request the licensee to do so.(2) Should any tree die or be in a state of unnatural decline within one (1) year of being
planted or relocated, the licensee shall be required to replace the tree within sixty
(60) days of that determination. The one-year monitoring and approval period shall
begin anew whenever a tree is replaced. lf that replacement tree is found not to be
viable at the end of the second year monitoring period, the licensee may pay the
appropriate amount into the tree preservation trust fund as required by sec. 825-130
in lieu of planting a third replacement tree. lf the licensee fails to replace the tree or
to pay the appropriate amount into the tree preservation trust fund within sixty (60)
days, then the licensee shall be in violation of this section.(C) Large scale projects. lf a tree removal license includes the relocation of ten (10) or more
trees, or the planting of one hundred (100) or more replacement trees, the determination
of success for the overall relocation effort shall be braced upon a percent survival rate. A
successful project shall be one in which ninety (90) percent or more of the relocated or
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Article 825 Land Development Code
replacement trees are determined to be viable after a period of one (1) year. lf a larger
scale project is determined to be successful, additional replacement trees will not be
required.
Sec. 825-130. Payment in lieu of replacemenUrelocation.
ln those instances in which a tree removal license is required, any trees which are removed and
not relocated shall be replaced in accordance with the requirements of this article. As a
condition of being granted permission to remove any trees, the developer, property owner or
other applicant shall be required to replace such trees, unless it is demonstrated that
replacement is not a viable alternative due to a lack of available space. Where replacement
cannot be accomplished the applicant shall pay a replacement fee in lieu of actual tree
replacement costs into the City of Dania Beach Tree Preservation Trust Fund. The cost of
replacement trees shall be based upon the current edition of the Plant F,rder catalog for the
type of tree(s) required to replace the trees that were removed and multiplied by 2.7.
Sec. 825-140. Special status category trees.
Projects containing special status category trees are subject to the following additional criteria:(A) Criteria and procedures for designation as a natural forest community.(1) On the effective date of this Land Development Code, all local areas of particular
concern (LAPC's), natural resource areas (NRA's), urban wilderness areas (UWA's)
and environmentally sensitive lands (ESL's) which have been so designated by
Broward County that lay in the City of Dania Beach shall be designated as a natural
forest community.(2) The designation of other real property as a natural forest community shall be made
by the commission following a public hearing. Before a site is designated as a natural
forest community, the commission shall make a finding that a natural forest
community is at least two (2) acres in size, is generally comprised of a canopy,
subcanopy and groundcover, and is populated by native vegetation associated with
one (1) or more of the following communities.(a) Beach and dune community: A community composed of unconsolidated sand
facing the ocean and shaped by the wind, waves, currents, and tides. Sand
may be piled up by the wind forming dunes. Characteristic plant species
include, beach sunflower, sea oats, sea grape, beach star, beach creeper,
Spanish bayonet, cocoplum, railroad vine, beach peanut, beach croton, beach
bean, saw palmetto, prickly pear and nickerbean.(b) High hammock community: This community develops slowly as organic
material accumulated creating a favorable land elevation. The presence of a
high hammock indicates that the site has been undisturbed for a period of time.
High hammocks are among the most diverse systems in South Florida
containing more than one hundred (100) species of trees and shrubs,
characteristic tree species include. live oak, willow bustic, lancewood, mastic,
strangler fig, satinleaf, mulberry, Simpson stopper and a variety of ferns.
Developed areas may also be in this classification. The community does not
necessarily have to be vacant land.(3) The city commission shall direct the city manager to publish and mail or hand delivera notice of public hearing to consider designation of a site as a natural forest
community. Notice of hearing to be held by the commission to consider designation
of a site as a natural forest community shall be those required for a city commission
public hearing. ln addition notice shall be mailed or hand delivered to the effected
property owners at least fifteen (15) days prior to the hearing date. Such notice shall
state time, date and place of the hearing, the location of the property under
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consideration, the ecological community or communities alleged to be included within
the property, and the effect of the designation on lands classified as natural forest
communities. For purposes of this notification, an owner of property shall be deemed
to be the person who is shown as the owner on the tax rolls of the Broward County
Property Appraiser unless the city has actual notice that a person or entity other than
the person or entity shown on the tax roll is the owner.(4) Following designation of a natural forest community, notification of such designation
shall be sent to the property owne(s). ln addition a map depicting sites designated
as natural forest communities shall be maintained at the city for viewing by the
public.(B) Natural forest communities trees may be removed provided that the applicant adheres to
the following preservation requirements to the extent determined to be practicable by the
city and county:(1) Any areas identified during the licensing process as providing habitat to federal or
state listed species shall be identified and preserved.(2) Areas of high wildlife utilization onsite shall be identified and preserved.(3) Areas which contain relatively undisturbed canopy or have good stratification of
cover (e.9. canopy, subcanopy, ground cover) shall be identified and preserved.(4) Utility line installations shall not be located in preservation areas.(5) Resource management plan. Any proposed development activity which would
negatively impact the natural forest community must be mitigated through a resource
management plan, approved by the city, which significantly improves the viability of
the remainder of the resource. No tree removal license shall be issued until an
agreement providing for the implementation of the resource management plan has
been executed and recorded, and any covenants, easements or physical
improvements required by the plan are in place. A certificate of occupancy shall not
be assued for developments that include natural forest communities unless it is
determined that the applicable provisions of the resource management plan have
been met.(6) Conservation Easement. As a condition of an rssuance of a license under this sub-
category where preservation is required, a conservation easement shall be granted
by the applicant to the city and the citizens of the city. The conservation easement
shall:(a) Be duly executed and recorded and placed on the face of the plat,(b) Meet the approval of the city attorney,(c) Prohibit land clearing, development or other harmful activity on the preserved
portion of the natural forested community,(d) Allow access to the conservation easement by agents of the City of Dania
Beach and county to conduct studies, inspection, and other activities consistent
with the purpose of the conservation easement, and(e) Need not provide for access by the general public.(C) Specimen trees. Projects or properties containing specimen tree(s) are subject to the
following additional criteria.(1) As part of the tree removal or relocation license, the applicant must identify if any of
the trees are in the following categories, along with the specres and condition of the
tree.
Tree Size
Hardwoods/Con ifer 18" DBH or over
Palms 12' DBH or over and minimum six (6) foot
clear trunk
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(2) Specimen trees are subject to the preservation and relocation criteria of this article. lf
it is determined by the city that tree relocation is not feasible, then payment shall be
made into the tree preservation trust fund. Payment shall be based on the value of
the tree(s), determined by "The Guide for Plant Appraisal" published by the
lnternational Society of Arboriculture. An alternative method of tree valuation may be
used if a request is submitted to and approved by the city. Hazard trees and dead
trees are assigned a zero-dollar monetary value regardless of size.
Sec. 825-150. Bond requirements.
Bonds, as required by this section, shall be in the form of letters of credit, certificates of deposit,
cash bond, bonds issued by an insurance company legally doing business in the State of
Florida, or other acceptable means agreeable to the city attorney. The letters of credit and
certificates of deposit shall be drawn upon banks or savings and loans legally and actually doing
business in Florida. Such bonds must meet the approval of the city attorney's office. This bond
shall be in addition to any other bond required by any other governmental entity.(A) Bonds shall be required for licenses involving the replacement of ten (10) or more trees, or
the relocation of five (5) or more trees, or the relocation of any tree with a DBH of ten (10)
inches or greater. Bonds may also be required to ensure the preservation of specimen
trees proposed to be preserved on the project site, as deemed necessary by the
community development director.(B) Calculation for the amount of bonds shall be computed based upon the equivalent canopy
replacement criteria applied to each tree to be relocated or replaced, as provided in sec.
825-100 (tree replacement) and upon the cost of installation and maintenance, calculated
by obtaining the base price of the tree(s) from the most recent issue of the Plantfinder
catalog or equivalent publication, and multiplying the base price by 2.7. The bond period
shall be for the tree replacement performance period, as stated in the license or as
extended or released, plus an additional sixty (60) days. The form of security shall be
reviewed by the city attorney's office for legal sufficiency and may not be accepted until
approved.(C) Release of bonds:(1) Upon successful tree relocation, preservation of specimen tree(s) and replacement
as determined by this article and written approval by the city, bonds required for tree
relocation and replacement shall be released. Where practical, bonds shall be
partially released for partially successful relocation, preservation, or replacement
projects, with the amount retained equal to the value of the additional replacement
trees required, plus installation and maintenance.(2) Bonds may be released by the city when fee simple title is transfened. The city may
condition the release of the bond upon the establishment of a new bond by the new
owner in fee simple.(D) Where the licensee plants fifty (50) percent more than the required number of replacement
trees and establishes a suitable maintenance plan to ensure the viability of the
replacement trees, the city may recognize the additional replacement trees as suitable
security in lieu of a bond.
Sec. 825-160. Historical trees.(A) The state, county, the City of Dania Beach or any historical preservation society
recognized by the commission may request that the city designate a particular tree or
group of trees within its jurisdiction as a historical tree. Also, any property owner may
make a similar request providing the request is for a tree or group of trees located on
property under his or her control or ownership. The request shall contain the exact location
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Article 825 Land Development Code
of the tree(s), the name and address of the current owner and effected utilities of the land
upon which the tree is located, and the reasons for requesting the designation. Upon
receipt of the request, the city shall notify the affected landowner and affected utilities by
certified mail of the request a minimum of fifteen (15) days prior to the public hearing. The
particular tree or group of trees which is the subject of the request shall not be removed
until the designation request has been acted upon by the commission.(B) Consideration by the commission. A public hearing shall be scheduled within sixty (60)
days of receipt of the request to consider the matter. When the person(s) requesting this
designation is not the property owner, the property owner shall be notified of the request
and the time, date, and place of the hearing. The commission shall only designate a tree
or group of trees which meets the following criteria.(1) The tree(s) must be related to an event in modern history, historic events or
individuals since the birth of our nation, or any event in the known history of the
human race; and(a) The tree or group of trees resides on historically significant property and can be
linked to the person or event of historical significance, or(b) The tree or group of trees is uniquely related to the heritage of the City of Dania
Beach, or(c) The tree or group of trees has value due to extreme age that is estimated by
the city to be at least seventy-five (75) years old.
Sec. 825-170. Protection from construction work.
During any construction, land development or lot clearing, the contractor and the owner of the
property subject to this section shall adhere to the requirements which follow.(A) Place and maintain protective barners around the tree protectaon zone of all trees to be
retained on the site to prevent their destruction or damage. The protective barriers shall be
conspicuous enough and high enough (minimum of four (4) foot height) to be seen easiiy
by operators of trucks and other equipment. Protective barriers shall be constructed of
sturdy material (not flagging or ribbons);(B) Not store or use materials or equipment within the tree protection zone of any tree to be
retained on site unless the activity is being done to protect trees;(C) Not discharge or contaminate the soil within the tree protection zone of any tree to be
retained on site with any construction materials such as paant, oil, solvents, petroleum
products, asphalt, concrete, mortar, or other materials that may cause adverse impacts,(D) Clearing of vegetation within the tree protection zone of trees destgnated for preservation
shall only be by hand or light rubber wheeled equipment that will not damage tree roots;(E) Utilize retaining walls and drywalls where needed to protect trees to be preserved from
severe grad changes;(F) Pruning of trees to be preserved shall be in accordance with the standards for pruning
established by the American National Standards lnstitute (ANSI A-300) as amended;(G) Make no attachments, other than those of a protective and non-damaging nature, to any
tree to be retained on the site;(H) Not change the natural grade above the root system within the tree protection zone of any
tree to be retalned onsite unless it can be demonstrated to the city that it will not damage
any tree;(l) Avoid any encroachments, excavations or severe grade changes within the tree protection
zone of preserved trees unless it can be demonstrated to the city that it will not impact any
tree; and(J) Any tree designated to be preserved which are damaged during construction shall
promptly be repaired or replaced in accordance with sec. 825-100 (tree replacement).
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Article 825 Land Development Code
Sec.
(A)
(B)
(c)
(D)
(E)
825-180. Tree preservation trust fund.
Establishment of trusl. There is created the Dania Beach Tree Preservation Trust Fund
(the "trust") for the purposes of accepting and disbursing the replacement fees paid to the
commission as part of tree removal licenses and any other monres deposited with the city
for tree preservation purposes. This fund shall solely be used for tree conservation
projects. These projects may include tree planting; inventories to determine available tree
planting locations on public land; relocation of trees to public land; enhancement of the
city's tree canopy by replacing invasive species with appropriate tree species; periodic
distribution of saplings to the public to increase tree canopy coverage; and distribution of
tree conservation education to the public. Ancillary costs shall not exceed twenty (20)
percent of the cost of the particular pro1ect.
Term of existence. The trust shall be self-perpetuating from year to year unless specifically
terminated by the commission.
Irusl assels. All monies received hereunder from public or private concerns shall be
placed in trust for and inure to the use and benefit of the city and its successors and
assigns in interest. Said funds shall be expended, utilized and distributed only for tree
conservation projects as designated by the commission.
Trust administrafion. Trust funds shall be expended, utilized and disbursed only for the
purposes designated by the city.(1) All monies deposited hereunder shall be deposited in the trust, which shall be a
separate account established and maintained apart from the general revenue fund
and account of the City of Dania Beach.(2) Monies obtained hereunder may be accepted on behalf of the city by the director of
community development or his or her designee, and upon receipt shall be delivered
to the city finance department, which shall cause the same to be credited to the trust.
Disbursal or conversion of assefs;
Expenditures of over seven thousand five hundred dollars ($7,500.00) shall require
commission approval.(1) The expenditures to be made by the city will be made in accordance with the
guidelines of the city pertaining to contractlng and purchasing and any detailed
procedures will be reflected in the internal procedures of the city. The disbursement
of these monies shall be under the control of the commission and, when required,
shall be coordinated with city departments and the citv commission.(2) Trust funds will be used to obtain trees, landscaping, sprinkler systems, and any
other items, services or materials necessary and proper for the preservation,
maintenance, relocation or restoration of tree ecosystems, for any public land in the
city. These monies may also be used to cover the expense of relocation of trees in
the city.
Sec. 825-190. Mitigation.
Mitigation shall be required to offset any environmental rmpacts caused by the unlaMul removal
of any tree.
Sec. 825-200. Enforcement and Penalties.(A) lt shall be unlawful for any owner or operator of any property within the city to allow or
cause to be allowed any violation of this article, including but not limited to:
tree preservation, tree abuse, or required landscaping as defined per City Code.
(B) Any violation of this article shall be subject to the maximum fine as provided for in sec. 'l-8
(general penalty; continuing violations; violation as public nuisance) of the Code of
Ordinances; which fine shall be placed in the "Tree Preservation Trust Fund."
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(C) ln addition to or in lieu of any criminal prosecution, the city shall have the power to sue in
civil court to enforce the provisions of this article, or to seek code compliance as
authorized by sec. 2-72 (applicability) of the Code of Ordinances.(D) The following penalty provisions shall apply throughout this article, except as otheMise
specifically provided.(1) Stop work orders. Whenever any work is being done by a person not in compliance
with this article, a code enforcement officer may order that work be stopped and such
persons performing such work shall immediately cease such work. The work may not
resume until such time as the person is in compliance with this article.(2) ln the event a person abuses a tree in violation of the city code, the violator shall be
responsible to undertake pruning and other remedial actions that the enforcement
agency determines are reasonably necessary to protect public safety and property,
and to help the tree survive the tree abuse damage if the tree is not a nuisance
species.(3) lf the natural habit of growth of the tree is destroyed, the violator shall install a
replacement tree. Such abused tree shall be removed if it threatens public safety or
property, and a tree removal license may be required.(4) Afterthe-fact permitting. A code compliance officer may require an after{he-fact tree
removal license for activities performed without a tree removal license that were
required to obtain a license under the provisions of this article. Mitigation
requirements for after{he-fact tree removal licenses include paying double the
typical required license fee and providing double the required replacement for the
removal of canopy. Payments to compensate the value of a specimen tree (over and
above canopy replacement requirements) per sec. 825-140(C)(2) (specimen trees),
are not subject to doubling.(5) Violators of this article 830, "Tree abuse" shall be subject to revocation of tree
service/arborist registration in accordance with the provisions of sec. 830-30(e).(6) Remedial actions and replacement required under this section shall be completed
within sixty (60) days of notice from the enforcement agency that such actions are
required. The enforcement agency may require the violator to immediately undertake
remedial actions in the event an abused tree is an immediate threat to the public or
property.(7) Upon failure of the owner to undertake remedial actions within 60 days, the city may
conduct the remedial actions at its own expense. The city clerk shall cause an
affidavit to be placed upon the public records of the county describing the work done
and the amount of cost incurred by the city, such affidavit shall constitute a claim of
lien against the property, foreclosable in the manner of mechanics liens, together
with the cost ofthe action and all reasonable attorneys'fees incurred by the city.
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ARTICLE 830. TREE ABUSE.
Sec. 830-10. Trimming and pruning operations--Persons to be qualified.
No person, firm, company or corporation shall cause or cause to have trimming or pruning of
any tree done within the city by any person, firm, company or corporation who is not registered
or licensed in good standing with the City of Dania Beach and Broward County.
Sec.
(A)
830-20. Same-Exceptions.
Owner-occupied, single-family or duplex lot owners may prune or trim any tree on their
property that is less than six (6) inches DBH.
Nursery operations. All licensed and governmental nurseries shall be exempt from the
terms and provisions of this article, but only in relation to those trees which are planted
and grown for sale or intended for sale to the general public in the ordinary course of
business or for public purpose.
Under emergency conditions such as hurricanes, war, or other disasters of similar scope,
the city manager may suspend this article for a time to be determined, but only for trees
that have been affected by such act.
The trimming of any tree by a franchised utility, water management district, municipal or
county government so long as it is done to the American National Standards lnstitute
(ANSI A-300) standards.
(B)
(c)
(D)
Sec.830-30. Registration required of Tree Services.(A) All persons, firms, companies or corporations must register with the department of
community development prior to undertaking any pruning or trimming of trees within the
City of Dania Beach, with the exception of those listed in sec. 830-20 of this article.
(B) A once-a-year registration fee, the amount to be set by resolution of the city commission,
will be required to be paid each year for the period beginning October 1 to September 30.
(C) Prior to the commencement of any pruning or trimming activity and after registration
required by this section, the person, firm, company or corporation performing the work
shall be required to submit the property address on which the work is to be performed, the
number of trees to be pruned or trimmed, the owners or associations name and phone
number and, if an association, a letter of authorization from the association president.
(D) Registered tree services/arborists shall maintain a copy of such registration on site, as well
as a current Broward County tree trimmer license, for inspection when performing work
within the city.(E) The city may revoke or deny renewal of a tree service/arborist registration if such tree
service/arborist fails to conform to the tree trimming standards prescribed in this article or
if found to have committed tree abuse as defined in this article, including work performed
on developed single-family or duplex residential lots. Within ten (10) days of receipt of
written notice revoking registration or denying renewal, a request may be made of the city
manager to review the decision of the community development staff. ln addition to
revocation or non-renewal of registration, tree services/arborists who fail to conform to the
standards of this article or found in violation of the provisions of this article shall be subject
to the penalties as set forth in sec. 825-200.(F) Tree services/arborists performing work within the city shall have the name as shown on
their city registration clearly marked on each of their vehicles/equipment.
Sec. 830-40. Definitions.(A) ln interpreting the provisions of this article, if no definition is provided and the context
permits, the latest editions of the following publications recognized as authoritative in the
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field shall apply. The publications are listed in order of authority should discrepancies
occur.(1) Sec. 825-50 of the Dania Beach City Code;(2) City of Dania Beach Landscape Technical Manual;(3) American National Standards lnstitute (ANSI) A-300, Tree, Shrub and Other Woody
Plant Maintenance - Standard Practices and 2-133j; Safety requirements for
Arboricultural Operations;(4) Florida Department of Agriculture Division of Plant lndustry, Grades and Standards
for Nursery Plants;
(s Florrda Exotic Pest Plant Council lnvasive Plant List;
(6 Council of Tree and Landscape Appraisers, Guide for Plant Appraisal;
Florida Power and Light, Plant the Right Tree in the Right Place Brochure;
(8 Florida Urban Forestry Council, Selecting and Planting Trees for the South Florida
Forest;(9) Wunderlin and Hansen, Guide to the Vascular Plants of Florida,
(10) Matheny and Clark, Trees and Development - A Technical Guide to Preservation of
Trees;
(1 1) Harris, Clark and Matheny, Arboriculture. lntegrated Management of Landscape
Trees, Shrubs and Vines;
(12) Cary W. Watson and E.B. Himelick, Principles and Practices of Planting Trees and
Shrubs;
(13) Matheny and Clark, Guide to the Evaluation of Hazad Trees in Urban Areas.(B) As used in this article, the following words and terms shall be defined as set forth below:
Destruction of the natural habit of growth: Pruning that causes irreparable damage and
permanent disfigurement to a tree such that, even with regrowth, the tree will lkely never regain
the orrginal characteristics of its tree species, or pruning a tree in such a manner as to create a
danger to the public or property; or pruning defined in this article as tree abuse.
Enforcement agency: fhe code compliance division of the city is designated to enforce this
article.
Hatrack: To sever the leader or leaders, or to prune a tree by stubbing of mature wood.
Horizontal plane: An imaginary line that begins at the base of the live frond petioles.
Nuisance species. A tree species set forth under sec. 825-50 as an invasrve species.
Over lift: The removal of the majority of the inner lateral branches and foliage,
displacing weight and mass to the ends of the branches. The alteration of the tree's live crown
ratio will be considered as evidence of over lifting.
Owner-occupied: A dwelling in a habitable condition occupied by the owner of record, as the
owner's pnmary residence, and holding a valid certificate of occupancy.
Prune or trim: To cut away, remove, cut off or cut back parts of a tree.
Shape: The regular and frequent shearing of outer tree branches, making pruning cuts of one
half-inch diameter or less, for the purpose of controlling the slze and shape of the tree canopy
primarily for aesthetic purposes.
(7
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Shearing: The cutting of many small diameter stems of one-half (1/2) inch in diameter or less.
Iree: A living, self-supporting woody perennial plant which has a trunk diameter of no less than
two and one-half (2 1/2) inches, measured four and one-half (4 112) feet above the ground, or a
woody perennial plant installed per requirements of the applicable landscape code, which
normally grows to an overall height of no less than fifteen (15) feet in South Florida.
(A) Tree
(1)
(6)
(7)
(8)
(e)
2
3
4
abase: "Tree abuse" shall mean.
To hatrack a tree; or Pruning that reduces the height or spread of a tree that has not
attained a height or spread of thirty (30) feet unless branches are directly interfering
with structures or utilities; or
Cutting upon a tree which destroys its natural habit of growth; or
Pruning that leaves stubs or results in a flush cut; or splitting of limb ends; or
Peeling or stripping of bark; or removal of bark to the extent that if a line is drawn at
any height around the circumference of the tree, over one{hird (1/3) of the length of
the line falls on portions of the tree where bark no longer remains; or
The use of climbing spikes, nails or hooks, except for purposes of total tree removal
or as specifically permitted by the American National Standards lnstitute (ANSI A-
300); or
Pruning that does not conform to the American National Standards lnstitute (ANSI A-
300) or recommendations, as amended.
The removal of diseased or dead portions of a tree, the removal of interfering,
obstructing, or weak branches, or the complete removal of a tree pursuant to a valid
tree removal license shall not constitute tree abuse under this article.
Removing palm fronds other than dead, declining or objectronable due to
interference with a building or utility. Palm pruning shall be performed when fronds,
fruit, or loose petioles may create a dangerous condition. Pruning of live palm fronds,
which initiate above the horizontal plane as defined in the definition section of the
code. Fronds removed shall be severed close to the petiole base without damaging
living trunk tissue.
Palm peeling (shaving) shall consist of the removal of the dead frond bases only, at
the point they make contact with the trunk without damaging living trunk tissue.
Over lifting a tree.
Shaping a tree, or
Neglect of care and likely risk of loss due to such neglect of any specimen tree,
arising from overgrowth by competing, invasive vegetation such as, but not limited to,
overgrowth by vines; or
lmpartial removal of a tree, creating a stump in excess of six inches in height from
the surrounding grade.
(s)
(10)
(11)
(12)
(13)
Topiary. The practice of pruning a tree into an ornamental shape by the pruning of branches no
larger than one-half (1/2) inch in diameter.
Viotator: A person who abuses a tree or otherwise violates this article. The owner of property
upon which the abused tree is located shall also be deemed a violator if the tree abuse is
undertaken by the owner's employee, agent or person under the owner's control or by the
owner.
Sec. 830-50. Legislative findings.
ln addition to those legislative findings relating to the importance of trees to the public set forth
under sec. 825-20 of the City of Dania Beach Code of Ordinances the commissioners of the city
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find that regulations of the cutting, trimming and pruning of trees within the city will help ensure
that the health, function and value of trees are protected, and will help to prevent dangerous
branching conditions that may result in damage or injury to citizens or property.
Sec. 830-60. Prohibition of tree abuse; exemptions; variances.(A) No person shall abuse a tree located within the city unless one of the following exemptions
applies:(1) The tree is an invasive species as defined in sec. 825-50 and the abuse does not
result in a tree that threatens public safety or adjacent property.(2) The abuse is necessary to alleviate a dangerous condition posing an imminent threat
to the public or property provided that the threat cannot be remedied by pruning that
is not defined as tree abuse.(3) County, city or franchised utilities, water control districts, and their authorized agents,
may obtain a registration form from the city, renewable on an annual basis,
authorizing the pruning of trees in a manner that may be defined in this article as tree
abuse provided such pruning is inspected and approved by the city to prevent
ongoing interruptions, or to prevent interference with the operation of water control
structures.(4) Topiary pruning shall only be allowed for trees located on owner-occupied property
developed for detached single-family or duplex usage, or for those trees that were
not installed to meet minimum landscape requirements and are identified on an
approved landscape plan as appropriate for topiary pruning, and are located outsrde
of rights-of way or road easements.(B) Any person may apply to the community development department for a variance from the
terms of this section, provided that.(1) The application is made before any actions for which a variance is sought have been
undertaken.(2) Any alleged hardship is not self created by any person having any interest in the
property. A hardship shall not be considered self created if the subject tree was
installed prior to the effective date of this article.(3) There are unique and special circumstances or conditions applying to the subject
tree or property upon which it is located, that do not apply generally to other trees or
properties.(4) The variance proposed is the minimum variance necessary to alleviate the hardship.(5) That the granting of the variance will be in harmony with the general intent and
purpose of this article and will not create a dangerous condition that threatens the
public or property.
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ARTICLE 835. TELECOMMUNICATION TOWERS AND ANTENNAS.
Sec. 835-10. lntent.
The regulation of telecommunication towers and antennas in this article is intended to:
(A) Promote the health, safety and general welfare of the citizens and residents, the traveling
public, and other persons by regulating the siting of telecommunication towers;
(B) Provide for the appropriate locatron and use of telecommunacation towers and antennas
within the city;(C) Minimize adverse visual effects of telecommunication towers and antennas through careful
design, siting, landscape screening and innovative camouflaging techniques;
(D) Avoid potential damage to adjacent properties from tower failure through engineering and
careful siting of tower structures;(E) Protect residential areas and land uses from potential adverse impacts of
telecommunication towers and antennas by maximizing use of any new or existing
telecommunication towers through shared use (i.e., co-location) to reduce the number of
towers needed;
(F) Recognize that telecommunication services are a nonessential public service and
telecommunication towers and antennas will only be permitted where there is a
demonstrated need:(G) Use of public property shall be given the highest priority in siting telecommunication towers
and antennas; and
(H) Co-location shall be fully consrdered and treated as an important factor included in the
consideration of applications to locate new telecommunication towers or antennas.
Sec. 835-20. Definitions.
Antenna: A transmitting or receiving device used for wireless communication services that
radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunication signals or other communication signals,
including directional antennas, such as panel and microwave dish antennas, and omni-
directional antennas and satellite earth stations.
FAA: The Federal Aviation Administration.
FCC. The Federal Communications Commission.
Guyed tower: A telecommunication tower that is supported, in whole or in part, by guy
wires and ground anchors.
Microwave: A dish-like antenna used to link wireless communication services sites
together by wireless transmission of voice or data.
Monopole tower: A telecommunication tower consisting of a single pole or spire self-
supported by a permanent foundation, and constructed without guy wires and ground anchors.
Panel antenna: An array of antennas designed to concentrate a radio signal in a particular
area.
Setf-suppott/lattice tower: A telecommunication tower that is constructed without guy wires
and ground anchors.
stealth facility: Any telecommunication facility which is designed to blend into the
surrounding environment. Examples of stealth facilities include architecturally screened roof-
mounted antennas, antennas integrated into architectural elements, and telecommunication
towers designed to look like light poles, power poles or trees.
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Telecommunication tower: A guyed, monopole or self-support/lattice tower, constructed as
a free-standing structure, containing one or more antennas intended to be used for personal
wireless services, telephone, radio or a similar communication service. The term includes, but is
not limited to, radio and television transmission towers, microwave towers, common carrier
towers, cellular telephone towers and stealth towers. The term does not include a tower that
provides only open video services.
Sec. 835-30. Applicability.
(A) These regulations shall not apply to any tower, or installation of any antenna, that is for the
use of an open video broadcast-only facility, or is owned and operated by a federally-
licensed amateur radio station operator, or rs used exclusively for receive-only antennas.(B) Pre-existing towers and pre-existing antennas shall not be required to meet the
requirements of these regulations, except to comply with the requirements of the
nonconforming provisions of the zoning ordinance.(C) An AM array consisting of one or more tower untts and supporting ground system which
functions as one AM broadcasting antenna, shall be considered one tower. Measurements
for setbacks and separation distances shall be measured from the outer perimeter ofthe
towers included in the AM array. Additional tower units may be added within the perimeter
of the AM array by right.
Sec. 835.40. General requirements.
Every new telecommunication tower and antenna, and modifications to existing towers and
antennas, shall be subject to the following minimum standards:
(A) Towers and antennas may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude the installation of a
tower or antenna on the same lot.(B) The city may require, as a condition of entering into a lease agreement with a
telecommunlcation provider, the dedication of space on the facility for public health and
safety purposes, as well as property improvement on the leased space. Any dedications
and improvements shall be negotiated prior to execution of the lease.(C) For purposes of determining whether the installation of a tower or antenna complies with
district development regulations, the dimensrons of the entire lot shall control, even though
the towers or antennas are proposed to be located on leased parcels within such lot.(D) Each application for a tower or antenna shall include a review of the city's inventory of
existing towers, antennas and approved sites. All requests for locations other than a site
on the inventory shall include specific information about the alternative location, height and
design of the proposed tower or antenna, and an explanation regarding why the inventory
sites are not appropriate. The information is a public record. The city may share the
information with other applicants. The city does not warrant or represent that the
information is accurate, or that sites on the inventory are available or suitable.(E) All applicants for new towers and antennas, or for towers and antennas which are to be
modified or reconstructed to accommodate additional antennas, or for which a variance is
required, must present a certified report by a professional engineer licensed to practice in
the State of Florida, which shall include the following:
397 Draft: August 2010
All new towers or antennas, and modifications to existing towers and antennas, in the city shall
be subject to these regulations, except as provided for in paragraphs (1) through (3), below:
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(1) A site development plan which includes, without limitation, a photo digitization of the
tower with all attachments.
2 An analysis of the impacts on adjacent property sites
J Specifics of design
4 A narrative drscussing the type of tower or antenna, current wind loading capacity and
a projection of wind loading capacity using different types of antennas as models.
(5) A statement of noninterference, which states that the construction and operation of
the tower, including reception and transmission functions, will not interfere with public
safety communication, or with the visual and customary transmission or reception of
radio, television, or similar services, as well as other wireless services enjoyed by
adjacent properties.
(6) lf the applicant proposes to not use a facility or site on the city's inventory, an
explanation of the technological reasons why the use of the facility or site is
unfeasible.
Towers and antennas shall meet the following appearance requirements.
(1) Towers shall either maintain a galvanized steel finish or, if allowed by FAA standards,
shall be painted a neutral color to reduce visual obtrusiveness.(2) The design of accessory buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening, and landscaping that will blend them into
the natural setting and surrounding buildings to minimize visual impact.
(3) lf an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a color that is neutral,
identical to, or compatible with the color of the supporting structure, as determined by
the city, to make the antenna and related equipment as visually unobtrusive as
possible.
No signals, artificial lights or illumination shall be permitted on any tower or antenna unless
required by the FAA or other applicable authority. lf lighting is required, the lighting
alternatives and design chosen must cause the least disturbance to the surrounding views.
To the maximum extent possible, lighting shall be oriented away from residential districts.
The construction, operation, maintenance and repair of towers and antennas are subject to
the regulatory supervision of the city, and shall be performed in compliance with all laws
and practices affecting the subject, including, but not limited to, this Land Development
Code, the building code and safety codes. The construction, operation and repair shall be
performed in a manner consistent with high applicable industry standards. All towers and
antennas must meet or exceed current standards and regulations of the FAA and the FCC'
including emission standards. They must meet the requirements of all federal, state and
local government agencies with the authority to regulate towers and antennas prior to
issuance of a building permit by the city. lf the standards and regulations are changed,
then the owners of the towers and antennas governed by this article shall bring the
facilities into compliance with the revised standards and regulations within six (6) months
of their effective date, unless the facilities are grandfathered under the applicable
regulation. The compliance date may be waived by the city manager if a different
compliance schedule is mandated by the controlling federal, state and local agency.
Failure to bring towers and antennas into compliance with the revised standards and
regulations shall constitute grounds for removal of the tower or antenna at the owner's
expense.
The owner shall additionally maintain a tower in compliance with the applicable standards
for towers that are published by the Electronics lndustries Association.
The tower must comply with all applicable requirements in the building code and industry
construction standards. lf, upon inspection, the city concludes that a tower fails to comply
with the building code and industry construction standards, and constitutes a danger to
(F)
( (r.)
(H)
(t)
(J)
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persons or property, then upon notice, the owner of the tower shali have thirty (30) days to
bring the tower into compliance. Failure to bring the tower into compliance within thirty (30)
days from receipt of notice shall constitute grounds for removal of the tower or antenna at
the owner's expense.
To ensure the structural integrity of towers, a statement shall be submitted, prepared by a
professional registered engineer licensed to practice in the State of Florida, which, through
engineering analysis, certifies the tower complies with all applicable building requirements
in applicable building codes and with applicable industry construction standards. The
statement shall describe the tower's capacity, including the number and types of antennas
it can accommodate. For all towers and antennas attached to existing structures, the
statement shall include certification that the structure can support the load superimposed
from the tower or antenna. All new towers shall have the capacity to accept multiple users;
at a minimum, monopole towers shall be able to accommodate two (2) users and at a
minrmum, self-supporUlattice or guyed towers shall be able to accommodate three (3)
u se rs.
Telecommunication towers shall comply with current radio frequency emissions standards
of the FCC.
Accessory buildings or structures shall meet all building design standards as listed in the
Code, and shall be constructed in accordance with the provisions of the building code. All
accessory buildings or structures shall require a building permit issued by the building
division
Mobile or immobile equipment not used in direct support of a tower or an antenna facility
shall not be stored or parked on the site of the telecommunication tower, unless repairs to
the tower are being made.
For purposes of measurement, tower setbacks and separation distances shall be
calculated and applied to facilities located in the city irrespective of municipal boundary
lines.
Towers and antennas shall be regulated and permitted pursuant to this article and shall not
be regulated or permitted as essential services, public utilities or private utilities.
Owners or operators of towers or antennas shall certify that all franchises required by law
for the construction or operation of a wireless telecommunication system in the city have
been obtained and shall file a copy of all such franchises with the city.
No signs, including commercial advertising or logo and political signs, flyers, flags or
banners shall be allowed on any part of a tower or antenna.
All towers shall meet the following buffering requirements:(1) An eight-foot fence or wall constructed in accordance with article 235, "Walls, fences
and hedges", as measured from the finished grade of the site, shall be required
around the base of any tower and may be required around any accessory building or
structures.(2) Landscaping, consistent with the requrrements of article 275, shall be installed around
the entire perimeter of any fence or wall. Additional landscaping may be required
around the perimeter of a fence or wall and around any or all anchors or supports if
deemed necessary to buffer adjacent properties. The city may require landscaping in
excess of the requirements of the city code in order to enhance compatibility with
adjacent residential and nonresidential land uses. Landscaping shall be installed on
the outside of the perimeter fence or wall.(3) Landscaping consistent with perimeter and on-site requirements in article 275 shall be
installed around any accessory buildings or structures.
"High voltage" and "No Trespassing" warning signs shall be provided as follows.(1) lf high voltage is necessary for the operation of the telecommunication tower or any
accessory structures, "HIGH VOLTAGE - DANGER" warning signs shall be
(K)
(L)
(r/)
(N)
(o)
(P)
(o)
(R)
(s)
(r)
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permanently attached to the fence or wall and shall be spaced no more than forty (40)
feet apart.(2) "NO TRESPASSING" warning signs shall be permanently attached to the fence or
wall and shall be spaced no more than forty (40) feet apart.(3) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning
signs shall be at least six (6) inches in height. The two (2) warning signs may be
combined into one sign. The warning signs shall be installed at least five (5) feet
above the finished grade of the fence.
(4) The warning signs may be attached to free standing poles if the content of the signs is
not obstructed by landscaping.
(U) All abandoned or unused telecommunication tower facilities shall be removed by the tower
owner or operator within ninety (90) days of the cessation of use. A tower shall be
considered abandoned if use has been discontinued for one hundred eighty (180)
consecutive days. The city may require reasonable security to secure compliance with the
requirements of this paragraph. Telecommunication towers being utilized for other
purposes, including but not limited to light standards and power poles, may be exempt
from this provision.
Sec. 835-50. Zoning districts, height and setback requirements, etc.
(A) Telecommunication towers and antennas shall be permitted on property owned, leased or
otherwise controlled by the city (referred to as city property), provided a license or lease
authorizing the antenna or tower has been approved by the city. Height and setback
requirements shall be those that are provided in any lease agreed to by the city. The city
shall have no obligation to execute a lease even if the applicant can meet all criteria
contained in this article.(B) Monopole towers and antennas and guyed or self-support/lattice towers shall be permitted
as a special exception, in the following zoning districts:
(1) (IROM) lndustrial Research, Office and Marine District
(2) (IROC) lndustrial Research, Office and Commercial District
(C) Stealth towers or stealth rooftop and building mounted antennas shall be allowed as
special exceptions in the followtng zoning districts:
(1) (C-4) Community Business District
(2) (C-3) General Business District
(3) (C-2) Commercial District(4) (CC) City Center District(5) (SFED-MU) South Federal Highway Mixed-Use District
(6) (EDBB-MU) East Dania Beach Boulevard Mixed-Use District
(7) (lRO) lndustrial Research Office District(8) (IROM) lndustrial Research, Office and Marine District
(9) (IROC) lndustrial Research, Office and Commercial District
(10) (lR) Restricted lndustrial District
(11) (lG) lndustrial General District
(12) Up to eight (8) stealth rooftop or building mounted antennas from one provider shall
be allowed as special exceptions in the RM, RM-1 and RM-2 multifamily zoning
districts, subject to the following additional conditions:
(a) Such antennas shall be located at least five hundred (500) feet from E-1, RS,
RD, and NBHD-RES zoning districts.
(b) Such antennas shall not be located closerthan one thousand (1,000)feetto any
other such antennas in an RM, RM-1, and RM-2 multifamily zoning district.
City of Dania Beach 400 Draft: August 2010
Part I
Article 830 Land Development Code
(c) The supporting equipment for such antennas must be located on the rooftop,
must be enclosed in an equipment shelter painted to blend in with the rooftop,
and must nol extend more than nine (9) feet above the roofline.(d) Such antennas may only be placed on those structures at least sixty (60) feet or
six (6) stories in height and with rooftops measuring at least five thousand
(5.000) square feet in area.(e) Such antennas and the related equipment shall meet all applicable building and
safety codes.
Stealth guyed towers and antennas shall be permitted as a special exception only in the
following zoning districts:(1) (C-4) Community Business.
(C-3) General Business
(D)
(E)
(F)
(b)
(lRO) lndustrial Research Office
4 (lR) Restricted lndustrial
(lG) Ind ustrial General(6) (IROM) lndustrial Research Office Marine.
Towers and antennas must meet the following setback and height requirements:(1) Tower height shall be measured from the crown ofthe road ofthe nearest street.(2) Telecommunication towers shall conform with the setbacks established for the district
except when more restrictive requirements are contained within this section.(3) Towers shall not be permitted within two hundred fifty (250) feet of any residential
district.(4) All buildings and other structures to be located on the same property as a tower shall
conform with the setbacks established for the zoning district.(5) Unless provided for elsewhere in this article, the city commission may allow a
maximum height of ninety (90) feet for a single user, up to one hundred twenty (120)
feet for two (2) users and up to one hundred fifty (150) feet for three (3) or more users.
lnspections.(1) Telecommunication tower owners shall submit a report to the building division
certifying structural and electrical integrity on the following schedule:(a) Monopole towers once every five (5) years.(b) Self-supporUlattice towers once every two (2) years.(c) Freestanding and guyed towers once every two (2) years.(2) lnspections shall be conducted by an engineer licensed to practice in the State of
Florida. The results of inspections shall be provided to the building division. The
building official may require repair or removal of a telecommunication tower based
upon the results of an inspection.(3) The building division may conduct periodic inspections of towers to ensure structural
and electrical integrity. The owner of the tower may be required by the city to have
more frequent inspections should there be reason to believe that the structural and
electrical integrity of the tower is jeopardized.
Existing towers.(1) Antennas may be placed on existing towers with sufficient loading capacity after
approval by the building division. The capacity shall be certified by an engineer
licensed to practice in the State of Florida.(2) Towers in existence as of October 1 , 1996, may be replaced with a tower of equal or
less visual impact after approval by the city manager. However, if the proposed newtower would not be consistent with the minimum standards under this section,
replacement must be approved by the city commission.
2
3
(
City of Dania Beach 401 Draft: August 2010
Part 8
Article 830 Land Development Code
Sec. 835-60. Shared use of communication towers; colocation of antennas.
City of Dania Beach 402 Draft: August 2010
(A) Co-location of telecommunication antennas by more than one provider on existing, new, or
modified towers shall take precedence over the construction of new single-use towers.
Accordingly, each application for a telecommunication tower shall include a certified written
evaluation, prepared by a professional engineer licensed to practice in the State of Florida,
of the feasibility of sharing a telecommunication tower, if a telecommunication tower is
located within five (5) miles of the proposed site, which examines the following:
(1) Structural capacity of the tower or towers.
(2) Radio frequency interference.
(3) Geographical service area requirements.(4) Mechanical or electrical compatibility.(5) Ability to locate equipment on the tower or towers.
(6) Availability of towers for relocation.
(7) Any restrictions or limitations of the FCC that would preclude the shared use of the
tower.(8) Additional information requested in writing by the city.
(B) Each application for an antenna shall include a certified written evaluation, prepared by a
professional engineer licensed to practice in the State of Florida, of the feasibility of co-
locating its antenna on an existing tower. Evidence submitted to demonstrate that no
existing tower can accommodate the proposed antenna may consist of any of the
following.(1) No existing towers or structures are located within the geographic area required to
meet the applicant's engineering requirements.(2) Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.(3) Existing towers or structures do not have sufficient structural strength to support
applicant's proposed antenna and related equipment.
(4) The applicant's proposed antenna would cause impermissible electromagnetic
interference, as determined by the FCC, with the antenna on the existing towers or
structures, or the antenna on the existing towers or structures would cause
impermissible interference, as determined by the FCC, with the applicant's proposed
antenna.(5) The fees or costs required to share an existing tower or structure or to adapt an
existing tower or structure for sharing are unreasonable. Costs exceeding new tower
development are presumed unreasonable.(6) Property owners or owners of existing towers or structures are unwilling to
accommodate the applicant's needs.
(7) The applicant demonstrates that there are other limiting factors that render existing
towers and structures unsuitable.
(C) All applicants shall demonstrate reasonable efforts in developing a co-location alternative
for a proposed new telecommunication tower or antenna. An applicant for a permit to
construct a tower or antenna shall cooperate with other telecommunication service
providers in co-locating additional antennas on existing authorized towers. An applicant
and an owner, or operator, of an existing authorized tower shall exercise good faith in co-
locating the facilities. Good faith shall include sharing nonpropriety technical information to
evaluate the feasibility of co{ocataon. ln the event a dispute arises whether an applicant, or
an owner or operator of an existing facility has exercised good faith in accommodating
other facilities, the city may require a technical study by a third party at the expense of
either or both of the parties to the proposed co-location
Part I
Article 830 Land Development Code
(D) Applications submitted by tenants seeking to co-locate on a pre-existing tower, or to rent
space on a proposed tower, shall receive an expedited review process by the city. Such
review shall be completed thirty (30) days following the filing of a completed application.(E) The owner of any telecommunication tower approved for shared use shall provide a written
notice of co-location, by certified mail, return receipt requested, of the location of the tower
and the load capacity of the tower to all other providers of telecommunication services in
Broward County, Florida.(F) Failure to comply with the co-location requirements of this section may result in the denial
of a permit request or revocation of an exrsting permit for the specific tower.(G) Applicants seeking to co-locate antennas shall not pay rent to the owner or operator of the
tower in excess of the fair market value for the space, as determined at the time of
execution of an agreement.
Sec. 835-70. Applications.
(A) Prior to the issuance of a building permrt, a stte development plan shall be presented for
approval to the community development department. Each application for a proposed
telecommunication tower shall include all requirements for site development plan approval,
as required in article 635. The director of community development may waive all or some
of these provisions for stealth towers which are designed to emulate existing structures
already on the site. Where a request is made to use a pre-existing structure, including light
and power poles, as a stealth facility, the facility and all modifications, shall comply with all
requirements as provided in this article unless waived by the city.(B) A statement shall be submitted with the applicatron, prepared by a professional registered
engineer licensed to practice in the State of Florida, which, through engineering analysis,
certifies compliance of the tower with applicable building requirements of the building code,
and any applicable industry standards, including, but not limited to, Electronic lndustry
Association/Telecommunications lndustry Association standard for wind Ioad; and
describes the tower capacity, including an example of the number and type of antennas it
can accommodate. No tower shall be permitted to exceed its loading capacity. For alltowers and antennas attached to existing structures, the statement shall include
certification that the structure can support the superimposed load. All towers shall have the
capacity to accept multiple users; at a minimum, monopole towers shall be able to
accommodate two (2) users, and self-supporUlattice, or guyed, towers shall be able to
accommodate atleast three (3) users.(C) The following supplemental information shall be rncluded with all applications for special
exceptions and variances:(1) A scaled site plan clearly indicating the tower site, type and height of the proposed
tower, the location of the accessory building, on-site land uses and zoning, adjacent
land uses and zoning, adjacent roadways, proposed means of access, distances fromproperty lines, elevation drawings of the proposed tower, and any other proposed
structures.(2) A current zoning or aerial photograph showing the location of the proposed tower.(3) A legal description of the parent tract and tower site (if appticable).(4) lf the proposed lower site meets the required minimum distance from residentially
zoned lands, the approximate distance between the proposed tower and the nearest
residential dwelling and residentially zoned properties. lf the proposed tower site
does not meet the minimum distance requirements, then exact distances, locations
and identifications of the residential properties shall be shown on an updated zoning
map.(5) A landscape plan showing specific landscape materials.
City of Dania Beach 403 Draft: August 2010
Part 8
Article 830 Land Development Code
(6) The method of fencing, finished color if applicable, the method of aesthetic mitigation
and illumination.
(D) The city shall act promptly on any application submitted in accordance with the provisions
of sections 835-10 to 835-40 of this article. The reasons for rejecting any application filed
under this section do not prevent a person from filing an application for a special exception
in accordance with applicable law.(E) Fees for tower placement and use, including antenna installation, will be determined by a
separate resolution.(F) Public land and righlof-way lease agreements will be established by separate instruments.
Sec. 835-90. Security, access easements, removal of facilities.
The approval by the city of a building permit for a telecommunication tower shall be conditioned
upon receipt by the city manager of the following:
(A) Either a surety bond or standby letter of credit, acceptable to the city attorney as to form
and financial condition of the issuer, securing the obligations of the applicant to remove the
communication tower, accessory buildings and equipment, as required by sec.835-40(U)
of this article. The bond or letter of credit shall be payable to the city and shall provide to
the city funds equal to the lesser of twenty-five thousand dollars ($25,000.00) or one
hundred fifty (150) percent of the estimated cost of dismantling and disposing of the
facilities, as evidenced by a certificate of a professional engineer licensed in the State of
Florida, or other evidence reasonably satisfactory to the city manager. Each such bond or
letter of credit shall be maintained in force the term of any lease with the city, or for a
minimum of fifteen (15) years and thereafter for additional periods designated by the city
manager if the tower remains in place at the end of the original fifteen-year term. The
security shall be payable to the city if the applicant is in default of its obligation to dismantle
the tower and funds shall be used to pay the cost of dismantling and disposing of the
facilities.(B) An easement granted by the fee owner of the land under the tower, and between the tower
and the nearest pubic right-of-way, in favor of the city, to provide access to the tower srte.
(C) Written permission from all record owners, beneficial owners, and leaseholders of the
tower in a form acceptable to the city attorney to enter upon the site and to remove and
dispose of the tower.
City of Dania Beach 404 Draft: August 2010
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