HomeMy WebLinkAboutO-2002-020oRDtNANCE NO. 2002-020
AN ORDINANCE AMENDING CHAPTER 28 "ZONING' OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING ARTICLE IV, "DISTRICT
REGULATIONS,' SECTION 4.20 "APPLICATION OF
REGULATIONS,' TO REVISE THE 'SCHEDULE OF USE
REGULATIONS' FOR THE C.2, C-3 AND C-4 DISTRICTS AND
PROVIDE FOR SPECIFIED DISTANCE REQUIREMENTS
BETWEEN CERTAIN USES IN THOSE DISTRICTS; BY
AMENDING ARTICLE IV, "DISTRICT REGULATIONS," SECTION
4.202 'MECHANICAL AMUSEMENT DEVICES," "SCHEDULE OF
LOT, YARD AND BULK REGULATIONS' TO DELETE THE
DENSITY RESTRICTION FOR HOTELS IN THE C-2 DISTRICT;
BY AMENDING ARTICLE VI, 'SUPPLEMENTARY USE
REGULATIONS," SECTION 6.63 'GASOLINE SERVICE
STATIONS,'TO REVISE THE SPACING REQUIREMENTS FOR
THIS USE; BY AMENDING ARTICLE XXVll, 'INDUSTRIAL-
RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION
27.40'SPECIAL EXCEPTION USES," TO REVISE THE LIST OF
SPECIAL EXCEPTION USES AND PROVIDE FOR SPECIFIED
DISTANCE REQUIREMENTS BETWEEN CERTAIN SUCH USES;
AND AMENDING ARTICLE XXVI,'RAVENSWOOD-GRIFFIN
ROAD ANNEXED AREAS ZONING REGULATION," SECTION
26.10 "REGULATIONS ADOPTED" TO REVISE THE LIST OF
SPECIAL EXCEPTION USES AND PROHIBITED USES IN THE B-
2, B-28, AND B-3 DISTRICTS AND PROVIDE FOR SPECIFIED
DISTANCE REQUIREMENTS BETWEEN CERTAIN SPECIAL
EXCEPTION USES lN THESE DISTRICTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach has
reevaluated the suitability of the permitted and special exception uses in the
City's Commercial, IROM, and Annexed Business districts; and
WHEREAS, the City has identified the need for spacing of certain of these
uses from each other to avoid traffic conflicts and other negative impacts of
clustering of such uses on the City's major commercial corridors, and spacing
from sensitive uses, and the need to prohibit additional uses; and
WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the
local planning agency, has reviewed this Ordinance and recommended its
approval to the City Commission; and
WHEREAS, the Commission finds that this Ordinance is consistent with
the City's adopted Comprehensive Plan and necessary for the preservation of
the public health, safety and welfare of the City's residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1 That Chapter 28 "Zoning" of the Code of Ordinances of the City of
Dania Beach, Florida ("Chapter 28"), Article lV, "District Regulations," Section
4.20 "Application of Regulations," "Schedule of Use Regulations" is amended to
read as follows:
ARTICLE IV. DISTRICT REGULATIONS
Section 4.20 Application of regulations.
Except as hereinafter provided:
(See Schedules of Regulations).
(a) No building shall be erected, added on to, reconstructed or
structurally altered, nor shall any building or land be used which does not
comply with all the district regulations established by this chapter for the
district in which the building or land is located.
(d) Any use not specifically listed in the Schedule of Regulations as a
permitted use or a special exception use is prohibited in all zoning
districts. Any doubt as to whether or not a particular use is allowed either
as a permitted use or a special exception use shall be resolved against
the approval of such a use.
SCHEDULE OF USE REGULATIONS
CITY OF DANIA BEACH
A C-2 District is
intended for retail
stores, offices, or
service
establishments with
1. All permitted uses
tn L- t.
2. Retail stores whose
principle activity is the
sale of goods within
1. All accessory uses
set forth in C-1.
1. All special
exception uses qg set
forth and as requlated
tn L-- |
2 ORDINANCE NO, 2OO2-O2O
SSORY USES ISPECIALI I I IEXCEPTToN usES
convenient pedestrian
access throughout the
district. Retail stores
are intended to
include convenience,
fashion, and durable
goods, but intended to
exclude vehicular
oriented activities
which have large
acreage requirements
or which may
adversely impact
adjoining residential
areas. "c-2" zoning is
appropriate for
neighborhood
shopping centers,
central business
districts and
community shopping
centers.
an enclosed building.
Provided, however,
this shall specifically
exclude automobile,
truck, trailer,
motorcycle, boat,
recreational vehicle
sales, storage,
display, service,
repair, leasing, car
washes, and service
stations.
3. Personal service
establishments which
perform service on the
premises, such as
repair shops (watches,
radios, televisions,
shoes, appliances),
tailor shops, beauty or
barber shops,
photographic studios,
and printing.
4. Business,
professional, medical,
or dental offices.
5. Banks, savings and
loans, arcLcredit
unions efiC€{h€r
finan€la+-insti{udo€s.
6. Restaurants and
bars,excludinq free-
standino fast food or
drive-throuqh
restaurants.
7. Athletic clubs, art,
drama, or music
schools.
8. Business schools,
colleges, and private
schools.
9. Art galleries,
museums, and
libraries.
10. Hotel and motel
with 100 or more
rooms or suites.
1'1. Dry cleaning
establishments,
excluding self service
laundries, for direct
service to customers.
2. The sale of
fireworks at wholesale
and mail order -il
seDarated from parks,
schools and
residentially zoned or
used land by at least
1,000 feet, measured
iine to
orope(v Iine;
provided, however,
said fireworks shall be
limited to those which
fallwithin the Class C
definition and said
sale shall further be
limited to a free
standing structure that
is set back from the
side proDerw line forty
(40) feet and from the
rear property line at
least one hundred fifty
(150)feet and shall be
permitted within said
structure, in that
portion thereof, set
back at least seventy-
five (75) feet from the
front property line.
Hd+sePri€e
lesf,C+i€s
43. Auditoriums and
convention halls.
54. Only in districts
zoned C-2, C-3 or
both, and only when
located within the
downtown Dania
Beach
Redevelopment
District, multifamily
housing as a mixed
use, subject to
compliance with all
restrictions and
conditions prescribed
in the City
Comprehensive Land
Use Plan.
65. Vinyl sign
fabrication and sign
printing shops as a
special exception use
(excluding metal
3 ORDINANCE NO, 2OO2.O2O
fabrication, sand
blasting and spray
painting processes);
provided, however,
that for any such use,
the requirements of
the Principal Arterial
l#haitab{€.r€rYiq
fra{erF€l-aftt
Pfof€ssieml
€sso€ialisn+
Commercial Design
Standards Overlay
ordinance (section
6.64 of Chapter 28,
Zoning, of the City
Code of Ordinances)
must be met.
6. Hotel and motel
with fewer than 100
rooms or suites.
7. Charitable, civic,
fraternal and
professional
orqanizations.
excludinq social
service providers and
aoenctes.
c-3 The C-3 General
Business District is
intended to apply to
a(erial streets and
trafficways where
business
establishments
primarily not of a
neighborhood or
community service
type may 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.
'1. All permitted uses
set forth in C-1 and
Hu{€+eFJi€e
sta+i€fi+
3. a Preparation of
baked goods, sweets
and delicatessen
items sold primarily on
the premises.
,Rfle+al+€m€+
#lu+s+H€+€f,€s.
1. All accessory uses
set forth in C-1 and
c-2.
2-One4we[iflg{n+t
1. All special
exception uses qq set
forth and as reoulated
in C-l and C-2.
2. Enclosed
automobile service
establishments but
excluding truck, trailer,
motorcycle, boat,
recreation vehicle
sales, storage,
display, Ieasing, car
washes, paint and
body shops.
3. Warehousing.
4. Wet or dry stack
marina and related
facilities, excluding
boat manufacturing,
subject to the
following conditions:
a. Marina site shall be
directly contiguous to
and abut a navigable
waterway.
b. All buildings shall
4 ORDINANCE NO, 2OO2-O2O
provide a minimum
distance of one
hundred (100) feet
from any single-family
residential diskict.
c. No building can
exceed thirty (30) feet
in height or contain
more than fifty (50)
boat slips.
d. All buildings or
structures shall be
C.B.S. construction or
equivalent acoustical
material.
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ene+une+eg{+00}
feet++eicfi+
60. Automoblle rentals
(for establishments
operating a rental fleet
of ten ('10) or fewer
automobiles and
parking or storing of
ten (10) or fewer
automobiles at the
Iocation requested).
No such use shall be
established within
1,500 feet from any
other such use.
l\,leasurements shall
be made by airline
measurement, from
the nearest point of
one property line to
the nearest point of
the propery line of the
other use.
70. only in districts
zoned C-2, C-3 or
both, and only when
located within the
downtown Dania
Beach
Redevelopment
District, multifamily
housing as a mixed
use, subject to
compliance with all
restrictions and
conditions prescribed
in the City
ORDINANCE NO. 20O2-O2O
Comprehensive Land
Use Plan.
7. Self-service or coin
operated laundry
within a fully enclosed
buildinq if separaled
from residentially
zoned or used land by
at least '1 50 fee
measured property
line to property line
L Check cashino
stores, if separated
from similar uses bv at
least 2,500 iee'L
measured property
line to prooerty line
L Hotels and motels
with fewer than 100
r00ms
10. Tattoo or body
piercinq parlor if
separated from similar
uses by at least 2,500
feet. and from oarks,
schools and
residentially zoned or
used land by at least
1.000 feet. measured
Oropertv line to
DroDertv line.
1 '1. Free-standino fast
food or drivelhrouqh
restaurant. if
separated from similar
uses by at least 2,500
feet, and from parks
and schools bV at
least 1,000 feet,
measured property
line to line
andwthalso'foot
setback between the
drivelhrouoh lane and
the orooertY line of
any residentiallv
zoned or used land
(see Section 6.25 for
additional
requirements)
12. Service station
(see Sections 6.24
and 6.63 reqardinq
sDacinq and other
requirements)
6 ORDINANCE NO. 2OO2.O2O
Section 2 That Chapter 28, Article lV, "District Regulations," Section 4.202
"Mechanical Amusement Devices," "Schedule of Lot, Yard and Bulk Regulations"
is amended to read as follows:
13. Charitable. civic,
fraternal and
professional
oroanizations.
excludinq social
service providers and
a0enctes.
14. Nursinq homes
and convalescent
homes
15. Funeral homes
and mortuaries
'16. One dwellinq unit
for on-site caretakers
ouarters, not to
exceed 20% of qross
floor area, or 1.200
square feet, whichever
is less.
c-4 A C-4 District is
intended for retail
stores, offices,
enclosed service
establishments,
storage facilities and
enclosed vehicle
repair shops.
1. All permitted uses
set forth in C-1, C-2,
and C-3.
2. Storage and sales
of lumber and building
materials within a
completely enclosed
building.
3. Warehousing.
1. All accessory uses
set forth in C-1, C-2,
and C-3.
1. All special
exception uses eg set
forth and as requlated
in C-1, C-2, and C-3.
2. Assembly and light
fabrication of
materials.
3. Automobile, truck,
motorcycle, trailer,
recreation vehicle
sales, boat, display,
repair, service,
storage, rental, and
leasing.
4. Air conditioning,
carpenter, cabinet,
furniture, plumbing,
electrical, glass, home
improvement shop
within a completely
enclosed building
HomInuni6atiec
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feeliR+eigh+
ORDINANCE NO. 2OO2-O2O7
ARTICLE IV. DISTRICT REGULATIONS
Section 4.202. Mechanical Amusement Devices
SCHEDULE OF LOT, YARD AND BULK REGULATIONS
CITY OF DANIA BEACH, FLORIDA
8
LOT YARD BULK SID E
MINIMUM MAXIIVUM MINIMUM [,'lAX lt\,'1U M
DISTRICT Area
(Sq Ft )
Depth
(Ft )
Density
(DU's/Gross
Acre)
Front
(Ft.)
Both/One
(Ft )
Rear
(Ft )
Height
(Stories/Ft.)
Coverage
(Percent)
(Ft )
Estate 35000 200 1.00 40 40t20 30 2t25 30 20
R-S '18000 125 2.22 30 2t25 30 15
R-S 12000 100 30 30/15 15 2t25 35 15
R-S 8000 8,000 75 100 5.00 20110 15 2t25 35 15
R-S 6000 90 5.00 25 14t7 15 40 15
R-D 8000 90 10.00 25 '15130 15 2t25 40 15
R-IV
Single-Family '100 4.00 ta 20t10 15 2t25 J5 25
Two-Family 100 8.00 25 2Ar0 15 2t25 J5 25
Townhouses (1)12.00 25 (1)15 2t25 40 25
Multifamily '100 12.00 25(2)35t15(2)30 3t4aQ)30 25
Cluster 200 5.00 25 (1)15 2t25 40 25
R-M(1)
Single-Family 100 4.00 20t10 15 2t25 25
Two-Family 75 100 8.00 25 20t10 15 2t25 35 25
Townhouses (1)12.00 25 20t10 15 2t25 40 25
N/ultifamily 200 15.00 25 55t25 30 5/55(2X7)35(2)25
Cluster 400 5.00 25(2)55t2512)30 5t62(2)35(2)25
R-r\4(2)
Single-Family 100 4.00 20t10 425 35 25
Two-Family 100 8.00 25 20t10 35 25
Townhouses (1)12.00 25 (1)15 40 25
Mu tifamily 200 16.00 2512)55t2512)30 5U2st55(2\(7)35(2)25
Residential
Care
Facilities
400 49.00 25 55125 30 25
R-M(3)
Single-Family 10,000 100 4.00 25 20t10 '15 35 25
ST,
30/15
'15
15
7 t88
2t25
lr$'
lo,ooo loo
la,ooo lao
100
'175
'125lro,ooo
'12,000
lr,ooo
j0!00l?5_
Iro,ooo lzs
lrs,ooo lroo
lao,ooo lrso
Ittt Ittt
Iro oool----:-
lro,oooIrrr lrr r
lao,ooo lr so
leo,ooo lroo
75
lro,ooo lzs
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lzs
ORDINANCE NO, 2OO2.O2O
Notes:
(1) See Section 6.51 for special requirements regarding townhouses.
(2) See Sections 5.22 and 5.41 for special lot, yard, density and bulk
requirements.
(3) All buildings shall provide at least a ten-foot setback.
(4) None, but ten (10) feet if provided.
(5) Lot, yard and bulk regulations noted for PUD district apply to single-
family permitted uses which are not a part of a PUD application.
/A\ -rha mavimr rm nanci+rr far ha+alc rrri+hin f- 9 f-ammaraial hicrria* chall
9
Two-Family 10,000 75 100 8.00 25 20t10 15 2t25 35 25
Townhouses (1)(1)(1)12.00 25 (1)'15 ?t25 40 25
l,4ultifamily 40,000 150 200 16.00 2s(2)55t2sl2)30 s2t2st5sl2\(7)35(2)25
Residential
Care
Facilities
130,000 250 400 49.00 25 55t25 30 7/88
c-'1 15,000 100 150 (N/A)25 20110 15 2135
3t40
65
50 15
C-2, C-3, and
c-4
4,000 30 90 €i (3)(4)'10 2t35(2)
3t40(2)
90
75
10
'10
PUD
(includes all
Planned Unit
Developments)
See Article 7 for appropriate standards for all PUD districts
Single-
Family(5)
(See note
below)
20,000 '100 150 2.00 30 30/15 15 35 15
lR0 (8)(8)(8)(8)(8)(8)(8)(8)(8)
I-R 10,000 75 100 30 40t20 20 3/35 50/85
t-G 20,000 100 150 30 40t20 30 3/35 50/85
t-P 200,000 300 500 50 100/50 50 4t45 40/80
GS (Open
Space)
80,000 254 300 25 50t25 25 1t16 25
RMH (Mobile
Home)
400,000 500 500 '17.00 50 100/50 40 '1116 50/50 50
PEDD (See Article l5 for lot, yard and bulk regulations.)
Aes*tv{C+
ORDINANCE NO. 2OO2-O2O
20
20
50
(Q7) Five (5) story-fifty-five (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.
(18) See Sections 16.'10 through 16.70 for IRO regulations
Section 3. That Chapter 28, Article Vl, "Supplementary Use Regulations,"
Section 6.63 "Gasoline Service Stations," is hereby amended as follows
ARTICLE 6. SUPPLEMENTARY USE REGULATIONS
6.63. GASOLINE SERVICE STATIONS
(8) Location
a. No service station aeeess may be located within twentv-five
hundred (!,500) feet of another service station aeeess located on the
same side of the street. measured propertv line to prooertv line
b. Existing service stations whoseec€esses which are located
closer than twenty-five hundred (!,500) feet may be improved or upgraded
provided they are able to meet the other requirements of this section.
Section 4 That Chapter 28, Article XXV|l, "lndustrial-Research-Office-Marine
(IROM) District," Section 27.40 "Special Exception Uses," is hereby amended as
follows:
ARTICLE 27, INDUSTRIAL.RESEARCH.OFFICE-MARINE (IROM)
DISTRICT
Section 27.40 Special exception uses.
The following special exception uses may be permitted subject to special
exception review by the planning and zoning advisory board and the city
commission as per section 10.12 of the Zoning Code.
(a)
(b)
(c)
(d)
Electrical substations or related electrical facilities.
Water or sanitary sewer treatment facilities.
Entertainment use, not to include adult entertainment.
lndoor or outdoor commercial recreation.
10 ORDINANCE NO. 2OO2-O2O
(e) Retail boat fuel sales, clearly incidental and accessory to an
established marina, in conjunction with boat sanitary waste pump-out
facilities, unless said waste pump out facilities are expressly waived by the
city commission as part of the special exception review process.
(f) Storage or warehouse facilities containing less than ten (10) percent
office or showroom space subject to the following:
1. The architectural treatment of the building(s) should, to the
greatest extent possible, based on the size, configuration, and location of
the development parcel, resemble that of an office building, particularly in
those portions of the building(s) facing public rights-of-way or adjoining
residential areas. This may include 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.
2. Distribution permitted as an accessory use clearly incidental to
the primary light industrial use.
3. Outdoor storage of materials, supplies, machinery, equipment,
components or parts shall be prohibited.
(S) Gym, health club, exercise facility, or sports arena.
and residentially zoned or used land by at least 1,000 feet, from arterial or
collector roadways by at least 1 ,000 feet, and from limited access facilities
as described in the Transportation Element of the Dania Beach
Section 5 That Chapter 28, Article XXVI, "Ravenswood-Griffin Road Annexed
Areas Zoning Regulation," Section 26.10 "Regulations Adopted," is hereby
amended as follows:
ARTICLE 26. RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS
ZONING REGULATION
Section 26.10. Regulations adopted.
11 ORDINANCE NO, 2OO2-O2O
(h) Day labor or temporary emplovment offices or aqencies, if
separated from similar uses bv at least 1,000 feet, from parks, schools,
Comprehensive Plan by at least 500 feet; measured property line to
propertv line.
(a) That the zoning regulations of Broward County, Florida, as amended
through Supplement No.63, as listed in the schedule below, be and the
same are hereby adopted by reference, which apply to the Ravenswood-
Griffin Road annexed areas with the following changes:
1. Fortune tellers, palmists, clairvoyants or astrologists
permitted in the Community Business (B-2),Special Business (B-2B),
Planned Business Center (B-2A), General Business (B-3), and
Commercial (C-1) zoning districts must have a City license, pursuant to
Chapter 12.5, and the property line of the use must be located a minimum
of two thousand five hundred (2,500) feet from the property line of any
other such licensed use.
use or special exception use is prohibited in all zoninq districts in this
article. Any doubt as to whether a particular use is allowed either as a
permitted use or a special except ion use shall be resolved aqainst the
approval of such a use
4. ln the B-2 District,the followino additional reoulations shall
applv.
similar uses bv at least that amou nt. measured orooertv line
to property line.
Hotels and motels with fewer than 100 rooms.ii. Tattoo or bodv oiercinq oarlor. indoor
amusement centers or arcades (2.500 foot soacinq) (also
1,000 foot spacing from parks, schools and residentially
zoned or used land).
iv. Charitable,civic, fraternal and professional
b. The followinq uses shall be specificallv prohibited
free-standinq fast food and drive-throuqh restaurants,
12 ORDINANCE NO. 2OO2-O2O
2. Article 31, Adult Entertainment Establishments, shall applv in
these areas.
3. Any use not specificallv listed in this article as a permitted
a. The followinq uses are allowed onlv by special exception
and, if a spacinq is indicated, thev must be separated from
iii. Liveentertainment.
organizations.
automobile repair qarage. service stations (both full-service
and self-service), dav labor or temporary employment offices
or aqencies, coin operated laundry, self service car wash,
automated car wash, motor bus terminal. pawnshop, check
cashinq store, social service providers and aqencies, and
mobile collection centers.
applv.
Buildinqs shall not be permitted to exceed 40 feet in
heiqht and shall be set back at least 10 et from an
street riqhtof-way
5. ln the B-2B District,the followinq additional requlations shall
a. The followinq uses shall be specifically prohibited
free-standinq fast food and drive{hrouqh restaurants,
automobile repair qaraqe,service stations (both full-service
and self-service), day labor or tempqrarv emplovment offices
or aqencres, corn operated laundrv. self service car wash,
automated car wash. motor bus terminal. oawnshoo. check
cashinq store,social service providers and aqencies, and
mobile collection centers adult bookstore adult motion
icture adult mini-motion icture theatre adult n htclub
and encounter studio
b. Buildinqs shall not be permitted to exceed 40 feet in
heiqht and shall be set back at least 1 0 feet from anv oublic
street right.of-wav.
6. ln the B-3 District, the following additional requlations shall
applv.
a. The followinq uses are allowed onlv bv special
exception and, if a spacinq is indicated, they must be
separated from similar uses bv at least that amount,
measured property line to property line.
ii. Hotels and motels with fewer than 100 rooms
iii. Tattoo or bodv plercino oarlor. indoor
amusement centers or arcades (2.500 foot spacinq) (also
1,000 foot spacinq from parks, schools and residentiallv
zoned or used land).
Free-standinq fast food or drivethrouqh
v. Service station (see Sections 6.24 and 6.63 for
13 ORDINANCE NO, 2OO2.O2O
i. Check cashinq stores (2,500 foot spacinq).
restaurant (2,500 foot spacinq) (also 1,000 foot spacinq from
parks and schools, and with a 1SO-foot setback between the
drive-throuqh lane and the propertv line of anv residentially
zoned or used land).
spacing and other requirements).vi. Liveentertainment.
b. Buildings shall not be permitted to exceed 40 feet in
heiqht and shall be set back at least 10 feet from any public
street right-of-way.
Section 6 That, except as amended above, all other provisions of Chapter 28
of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall
remain in full force and effect.
Section 7 That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict with the provisions of this ordinance are repealed.
That if any section, clause, sentence or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of
this ordinance.
Section 9. That the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Dania Beach, Florida, that the
sections of the Ordinance 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 '10. That this ordinance shall take effect immediatel y at the time of its
passage and adoption
PASSED on first reading on April 23,2002
PASSED AND ADOPTED on second reading on May 14,2002
./
o RTH.C UNN, JR
[/A R-COMMISSIONER
A ES ROLL CALL:
COMMISSIONER BERTINO . YES
COMMISSIONER MCELYEA - YES
COMMISSIONER MIKES - YES
VICE-MAYOR FLURY. YES
MAYOR CHUNN - YES
ENE J SON
r
CITY CLERK
14
vii. Charitable, civic. fraternal and professional
organizations.
Section 8.
oRDtNANCE NO. 2002-020
BY
THOMAS J, A SBRO
CITY ATTOR EY
Dania Beach Commercial Changes 5-28-02
q
15 ORDINANCE NO, 2OO2-O2O
APPROVED AS TO FORM ANO CORRECTNESS:
AGENDA REQUEST FORM
CITY OF DANIA BEACH 7,/
AGENDA ITEM NO.
1.DATE OF COMMISSION MEETING: 05114102
DESGRIPTION OF AGENDA ITEM : ORDINANCE - 2ND PUBLIC HEARING . PROPOSED
AMENDMENT TO THE LIST OF PERMITTED, SPECIAL EXCEPTION, AND PROHIBITED
USES IN COMMERCIAL, IROM, AND THE RAVENSWOOD.GRIFFIN ROAD ANNEXATION
AREA BUSINESS DISTRICTS
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COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING X
SUMMARY EXPLANATION & BACKGROUND:
ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
ORD INANCE
HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: Dept:Amount: $
REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their April
17, 2002 regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director
Growth Management Department
Date May 1,2002
City Manager Date
7
2.
TO:
FROM:
DATE:
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
lvan Pato, City Managera. C--_-_
Laurence Leeds, AICP, Director
Growth Management Department
May 14,2002
RE:Zoning Code Text Amendments:
Permitted, Special Exception, and Prohibited Uses in
Commercial, IROM, and the Ravenswood-Griffin Road (1990
Annexation Area) Business Districts
(sEcoND PUBLTC HEARTNG)
APPLICANT: GroMhManagementDepartment
EXPLANATION
The attached ordinance amends the list of permitted, special exception. and prohibited
uses in the following zoning districts:
1) City of Dania Beach C-2, C-3, and C-4 Commercial Districts generally located
along Federal Highway, Dania Beach Boulevard, Stiding Road, and in the
downtown area.
2) City of Dania Beach lndustrial Research Office Marine (IROM) Districts.
3) Broward County B-2, B-2B, and B-3 Business Districts annexed in 19g0 and
located along Ravenswood Road, State Road 84, and Griffin Road east of SW
35th Avenue.
Added language is underlined. Deleted language is struek+hreugh. ptease note there
have been no changes since first reading.
Significant changes to C-2 include:
1) Hotels and motels with fewer than 100 rooms are a special exception use (Hotels
and motels of 100 rooms or more will continue to be a permitted use).2') .Tlle ho+e+/r,'rctd darsity. $mit of €O ;ooms pG- acie hm be+ #ebd (Tirc .is .,ro
density restriction for hotel/motels in the Comprehensive plan).3) Charitable, civic, and fraternal organizations are a special exception use.4) Freestanding fast food restaurants, drive through restaurants, and self service
laundries are prohibited.5) Fireworks sales require a 1,000 foot setback from residentially zoning districts.
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2)
Significant changes to C-3 and C-4 include:
Hotels and motels with fewer than 100 rooms are a special exception use.
Automobile rental as a special exception use with up to 15 vehicles (Up to 10
rental vehicles currently allowed).
Self service laundromat, check cashing stores, tattoo or body piercing padors,
free-standing fast food, or drive through restaurant, and service stations are
regulated as a special exception use subject to spacing and/or separation
requirements.
Caretakers quarters (one residential unit) regulated as a special exception in C-3
subject to conditions.
The current code allows service stations and check cashing stores as a
permitted use. Fast food and drivethrough restaurants have been previously
approved in C-2 and C-3 districts. Tattoo or body piercing parlors are not
addressed in the current zoning code.
RATIONALE AND JUSTIFICATION
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STAFF REGOMMENDATTON Approvat.
Separation (spacing) requirements for certain types are included to avoid traffic
conflicts and other negative impacts associated with the clustering of similar
uses along the City's major commercial corridors.
Separation requirements between certain types of uses and schools, parks, and
residential areas are included to avoid potential negative impacts upon areas
where children are present.
The Broward County B-2 and B-28 zoning districts annexed in 1990 are located
along Griffin Road between Ravenswood Road and SW 35th Avenue. These
commercial properties have very little depth and direcfly abut residential land
without any buffers. Certain uses are identified as prohibited in the B-2 and B-28
district for the following reasons:
a. Certain uses, due to traffic impact or environmental impact (noise, fumes,
or particulate), are not compatible with the proper development and
redevelopment of the Griffin Road commercial corridor.
b The B-2 and B-2B commercial frontage direcfly abuts residentially zoned
and used land with no separation. Certain uses, due to traffic impact or
environmental impact (noise, fumes, or particulate), are not compatible
with existing adjacent residential development. and would prevent the
proper redevelopment for nerv residential uses.
PLANNING AND ZONING ADVISORY BOARD Approvat.
3* aor d />L-ol o/
NOTICE OF PUBLIC HEARING
NOTICE OF ZONING CODE CHANGE
The City Commission of the City of Dania Beach proposes lo adopt the following ordinances
Date: Tuesday, May 14,2002
Time: 7:00 p.m., or as soon thereafter as possible
Place: City Commission Room
Oania Beach Administrative Center
1oo West Dania Beach Blvd.
Oania Beach, Florida 33004
AN ORDINANCE AN4ENDING CHAPTEB 28 "ZONING" OF THE COOE OF ORDINANCES OF IHE CITY
OF DANIA BEACH, FLORIDA, BY AI\,4ENDING AFTICLE IV 'DISTRICT FEGULATIONS," SECTION 4.20
"APPLICATION OF HEGULATIONS," TO REVISE THE "SCHEDULE OF USE REGULATIONS" FOR IHE
C.2, C-3 AND C.4 DISTRICTS AND PHOVIDE FOR SPECIFIED DISTANCE REQUIREMENTS BETWEEN
CERTAIN USES lN THOSE DISTRICTS; BY AMENDING ABTICLE lV 'DISTRICT REGULATIONS,'
SECTION 4.202 'MECHANICAL ANIUSEMENT DEVICES,' "SCHEDULE OF LOT, YARD AND BULK
REGULATIONS" TO DELETE THE DENSITY RESTRICIION FOR HOTELS lN THE C-2 DISTRICT; BY
AMENOING ABTICLE VI, "SUPPLEMENTARY USE FEGULATIONS," SECTION 6,63 "GASOLINE
SERViCE STATIONS." TO REVISE THE SPACING REQUIREMENTS FOR THIS USE: BY AMENDING
ARTTCLE XXVI, "TNDUSTRTAL-BESEARCH-OFFICE-MARINE (lHOtM) DrSrRlCT," SECTION 27.40
"SPECIAL EXCEPTION USES,'TO REVISE THE LISI OF SPECIAL EXCEPTION USES AND PBOVIDE
FOR SPECIFIED DISTANCE BEQUIREMENIS BETWEEN CERTAIN SUCH USES; AND AMENDII'JG
ARTICLE XXVI, "RAVENSWOOD.GBIFFIN ROAD ANNEXED AHEAS ZONING REGULATION,I
SECTION 26,10'REGULATIONS AOOPTED'TO REVISE THE LIST OF SPECIAL EXCEPTION USES
AND PROHIBITED USES IN THE B-2, B-28, AND B-3 DISIRICIS AND PROVIDE FOB SPECIFIED
DISIANCE HEOUIREN/ENTS BETWEEN CERTAIN SPECIAL EXCEPTION USES IN IHESE DISTBICTS;
PROVIDING FOR CONFLICTS; PROVIDING FOF SEVEBABILIry; FURTHEB, PHOVIDING FOR AN
EFFECTIVE DATE. (Second Public Hearing
These ordinances attect propenies throughout the city. For information about or to inspect the
proposed amendments. contact the City's GroMh Management Department, 100 West Dania Beach
Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. lnterested parties may appear at the pubhc heanng aird be heard with respect to the
proposed amendments.
ln accordance with the Americans Wth Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd,
Oania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting.
, Any person who decides to appeal any decision made by the Dania Beach City Commission with
'regard to any matter considered at this meeting or hearing will need a record of the proceedings and
for such purpose may need to ensure that a verbatim record of the proceedings is made. which
record includes the testimony and evidence upon which the appeal is to based.
Lou Ann Cunningham
Planning Technician
'Publish: Monday, May 6,2002
Broward Herald Display Ad
tlrl
02
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Laurence Leeds, Growth Management Director, commented on the zoning districts
impacted by the Ordinance. He advised that the general statement requested by
Commissioner Bertino at the last meeting "uses not specifically listed shall be deemed
prohibited" was added to 1990 county annexation areas. The Planning & Zoning Board
recommended approval.
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition,
Mayor Chunn closed the public hearing.
Commissioner Mikes mentioned the need to control automobile rental facilities due to
the close proximity of the airport. He recommended deleting the reference to 15 vehicles
and replacing it with 10 vehicles on Page 4 of the Ordinance.
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino,
amending the Ordinance as presented. The motion passed on the following 5/0 roll call
vote:
Commissioner Bertino-yes
Commissioner McElyea-yes
Commissioner Mikes-yes
Commissioner Bertino-yes
Commissioner McElyea-yes
Commissioner Mikes-yes
Vice-Mayor Flury-yes
Mayor Chunn-yes
Vice-Mayor Flury-yes
Mayor Chunn-yes
A motion was made by Commissioner Mikes, seconded by Commissioner McElyea,
adopting the Ordinance on second reading as amended. The motion passed on the
following 5/0 roll call vote:
9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE FINANCE DIRECTOR TO SIGN CHECKS FOR THE PAYMENT OF
MONEY BY THE CITY; AMENDING THE CITY CHARTER (SECTION 1 OF
ARTICLE 6 OF PART VII OF THE CITY CHARTER) AND SECTION 2-9 OF THE
CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH CHECK SIGNING
AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
Mayor Chunn opened the public hearing. Hearing no one speak in favor or opposition,
Mayor Chunn closed the public hearing.
MINUTES
CITY OF DANIA BEACH
I MAY 14, 2002
EXCEPTION USES AND PROVIDE FOR SPECIFIED DISTANCE
REQUIREMENTS BETWEEN CERTAIN SUCH USES; AND AMENDING
ARTICLE XXVI, 'RAVENSWOOD.GRIFFIN ROAD ANNEXED AREAS ZONING
REGULATION,'' SECTION 26.10'REGULATIONS ADOPTED' TO REVISE THE
LIST OF SPECIAL EXCEPTION USES AND PROHIBITED USES IN THE B-2,
B-28, AND B-3 DISTRICTS AND PROVIDE FOR SPECIFIED DISTANCE
REQUIREMENTS BETWEEN CERTAIN SPECIAL EXCEPTION USES IN
THESE DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)