HomeMy WebLinkAbout1997-04-15 Workshop City Commission Meeting Agenda Packet1
AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
APRTL 15, 1997
7:30 P.M.
Presentation by Dania lmprovement Committee on changing the
City's name to Dania Beach.
Discussion of changes to Marine Advisory Board.
.AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA, AMENDING CHAPTER 28, BY CREATING
ARTICLE VIII, "TELECOMMUNICATION TOWERS AND
ANTENNAS"; PROVIDING INTENT AND DEFINITIONS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF TELECOMMUNICATIONS TOWERS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING
ADDITIONAL USES; PROVIDING FOR SHARED USE OF
COMMUNICATIONS ANTENNAS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY PROVIDING FOR INCLUSION; PROVIDING
FOR AN EFFECTIVE DATE." (Continuedlrom 3125197 meeting)
"AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING IN ITS ENTIRETY SECTION 27.202, ARTICLE VII
OF CHAPTER 27 OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA ENTITLED 'IMPOSITION OF
CHARGES" TO CAUSE SAID SECTION TO BE IN AGREEMENT
WITH THE CODE OF REGULATIONS OF BROWARD COUNTY
DEPARTMENT OF NATURAL RESOURCES PROTECTION;
PROVIDING FOR CONFLICTS AND PROVIDING FOR AN
EFFECTIVE DATE." (Continued from 4/8/97 meeting)
.AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING IN ITS ENTIRETY SECTION 27.54, ARTICLE IV OF
CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY
OF DANIA, FLORIDA ENTITLED 'SCHEDULE FOR SEWER
CONNECTION CHARGES'TO CAUSE SAID SECTION TO BE
IN AGREEMENT W|TH THE CODE OF REGULATIONS OF
BROWARD COUNTY DEPARTMENT OF NATURAL
RESOURCES PROTECTION; PROVIDING FOR CONFLICTS
AND PROVIDING FOR AN EFFECTIVE DATE" (Continued from
4/8/97 meeting)
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all as mon as posible-
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I'II[ CI'IY OII DANLA., }'LORIDA
DA.NLA. BEACII N .NIF, CILdNGI
PROS:
I CR E.\ iES .\lr .\v\,\RE)rE55 .\S TO THE PREStir('E OF BE.\CH FRO)iT pRUpERt i
} CFI FBR{TFS TIIE GROWT}{G }i.\RINE I\DUSTB.Y
+ SEPARATES THF] CITY'S IDENTITY FROI\,I DAVIE
* CELEBF;\TES THE NEW GROWTH AND IIVI.'\GE CHANGE OF THE CIT\'
" PRO\lOTFS TOL'RIS\I
* PRO:UOTES THE CiTY AS r\ DYN-&\,llC WATERFRONT CO\.{t\.tL;NITy
* i-'\CREI\SES REAL ESTATE VIT,LUES
+ PR.OMOTES THE CITY AS A \TACATION DESTINATION
I.E. TOLTRISTS I-OOK FOR BEACH IN THE NAN{E WHEN PICKT\IG A DESTINATIO\
I PRO}IOTES W,"\TER RECREATJOi{
* CFT FBR*\TFS TI!E PIER.{N:D BFT\CI{ ,\CTIVITIFS
+ FII{ANCIALLY IT WOLILD COST LITTI.E - PHASED IN OVER TIME (OR LEFT D:\NL\)
-' KEEFS THE iN'|ECRITY OF THE OLD Nr\lvlE Ai.lD ii{CORPOR,{TED IHE NEi\i
* Cl-\: BF .\FFILI.,I.TFD tr',lTl I OTIIFB- CP-E..\T tsEA.CIl CITITS SL Cr I .\.S D.r.TO\.\..
COCO.,\. 'v'ERO. \\'ES.i PAL\.{. BO\'li i Oir. iiELiL\\-. DEERFIELD. irOivip_\trO & \.ii.\.vii
" TI IF \.1.\t[ I I.\.S B![\ CLI!^NGFD Br-l.O!-[
* \,I.\NY PEOPLE T\ THE CITY SUPPORT IT
t \'iANY COivii\iUiiil \' Gi{OUFS ili TiiE Cii i SUPPOR'i ii'
CLB}F\T SLPPORT GROL'PS:
FAil \I-ITH A LE l"iER iRONi TiiE PiiESiDE:.i] - iOiry CAr\TANESE
BASS PRO SHOPS \T'ITH A LETTER FROM THE PRESIDENT - JOH}i MORNS
I G F A, \!'ITH A LETTER FRO\,I THE DIRECTOR OF DE\TELOP\,1ENT . STE\,E KLOTT
TIIE GR,{\'LS \{tiStill!l wlTH A LET]ER IjROtl l'ttti AD\IIN. DtRh(:'rOR - llOU Kr:r_r.FY
rHT ROTARY OI DANIA WITH A LETTER T'RO\,I 'IHE PRESIDE\T . DO iEiiiC.\ \,,,\GUD:\
fHE DA.\ IA IMI'ROVE\,'IEN'T CON'lr\ll I']'EE WI I'H A LETTER FRO\I tH,E PRES, . JOE DORSEY
\oTf:
OT}IER LETTERS ARE PENDO,JG AND OTHER SL?PORT \I1TH BE FORTHCO\,IING
RESIIAR( lllS ULlN(; ('O\Dl,i('TED O\ (rIlll:lt ( ll lhS l-ttAI ttA\,t:: \tAl)tr A St\lt \R \A\ii:
CH.L\GE SLCH.\S PO\lP.1-\JO TO.DC\LD.L\.C BE.\,CH TO SEE THE ECC}JO}IIC I}IP.I,CTS
IHESE CHA\GES HA\'E \iADE ON THETR CITIES
-i L
ARTICLE VI. MARINE ADVISORY BOARD*
*Cross reference(s)-Operating boats near beach, $ 6-17; speed ofboats, $ l7-14; smictues over
waterways, Ch.28, $ 5.43.
Sec. 2-119. Established.
There is hereby established a marine advisory board to serve in an advisory capacity to the city
commission.
(Ord. No. 16-91, $ l, 5-14-91)
Sec. 2-120. Members' compensation; term.
The members ofthe marine advisory board shall serye without compensation, and each member
shall serve for a term ofone (l) year. *em*hedate-e€his-appein{me*.The terms of this board shall exDIre
M h each ear. The Board sh f fifteen t5 members a inted lh
Each Commissioner shall aDDoint two (2) members who have been residents ofthe Citv of Dania for at
least six (6) months and e (1) member who is engased in a marine related business. which shall mean
ownins a marine related business or performing a service tbr compensation,or serving as an officer or
director of a comoration or other business entiw so ensaged in the marine industrv within the Citv of
(Ord. No. l6-91, $ 1,5-14-91)
Sec. 2-121. Rules of procedure.
The marine advisory board shall be govemed by the following rules ofprocedure:
(l) The board shall select its own chairman and secretary, unless the chairman is designated
by the ciry commission.
(2)It is suggested that the board meet not less than once each month, and more frequently if
the press ofbusiness requires. Notice to the members shall be given by the chairman or
his representative.
Absence by any board member from four (4) consecutive meetings shall constitute an
automatic resignation of such member unless his absence is excused for good cause by
maiority vote ofother members ofthe board present and voting.
A majority ofthe members ofthe board shall constitute a quorum at any meeting ofthe
board, but no action shall be binding when taken by the board except at a meeting as
provided in this section and duly recorded in the minutes of the meeting.
A record ofthe proceedings ofthe board shall be made and kept in the offices ofthe
board's secretary and shall be open to inspection at all times.
All meetings shall be open to the press and general public and all persons desiring to
appear before the board shall be given reasonable time to present thek views on any
matters being considered by the board.
(3)
(4)
(5)
(6)
(1)
Dania.
The chairman shall act as presiding officer at all meetings ofthe board but may designate
another member to preside as chairman pro tem during the chairman's absence.
(8) A written report shall be submitted to the city commission not less than once each three-
month period setting forth the matters considered by the board along with the board's
recommendations to the city commission. A copy of the minutes ofeach meeting shall be
submitted to the city manager.
(Ord. No. l6-91, $ 1,5-14-91)
Sec. 2-122. Duties.
The marine advisory board may consider any subject matter it considers appropriate and, in
addition, is specifically directed to consider and make recommendations on the following subjects:
(l) Conditions ofwaterways and needed corrections, including a study ofthe most feasible
and economical method of maintaining the depths ofwaterways within the city.
(2) Waterway safety and traffic control on waterways.
(3) Activities of waterways patrol.
(4) Operation ofprivately owned marinas.
(5) Operation ofsmall boat docking areas.
(6) Hurricaneprocedures.
(7) Instructionalschools.
(8) Relations with the coast guard.
(9) Regulationofwaterskiingandsurfboarding.
(10) Operation ofthe excursion boats.
(l l) Operation ofthe chaxter fishing fleet.
(12) Regulation of boat docking in public navigable waters.
(13) Regulation ofwater and boat shows and boat races.
(14) Service operation ofcity marinas, boat launching, docks, etc.
(15) Traffic conditions under bridges.
(16) Sanitation problems and proposed laws goveming emuents from boats.
ARTICLE 3. ADVISORY BOARDS
Sec, l. How co[stituted,
The city commission may at any time by resolution appoint advisory boards composed ofmen or
women who are residents ofthe City of Dania for a period ofsix (6) months prior to their appointment and
otherwise qualified to act in an advisory capacity to the city commission, the city manager, or to any
department ofthe city govemment, with respect to the conduct and management ofany property or
institution or the exercise ofany public functions ofthe city . The city commission nrav. if it is deemed
necessary. authorize the ointnrent of menlbers u'ho are otherwise qualified but are not residents of the
Citv of Dan ta.The members ofsuch board shall serve without compensation at the pleasure ofthe
commission, and their duties shall be to consult and advise with such municipal officers and make written
recommendations which shall become part ofthe records ofthe city.
hall select its own cha unless the chairman ise
corrmrsslon
(Ord. No.26-93, $ l, l2-14-93)
Editor's note-Jt should be noted that Ord. No.06-95, $ l, adopted June 27, 1995, purported to
amend Pt. Xl, Art. 3, $ l, to eliminate the requirement ofreal property ownership to be eligible to serve as
a member ofthe "airport advisory committee." lnasmuch as Art. 3, $ I made no specific mention ofthe
airport advisory committee or a freeholder eligibility requirement, no textual amendment has been made to
such section. The user's attention is also directed to Pt. IX, Art. 2, $ l, as amended by Ord. No. 06-95.
ORDINANCE NO.
A|I ORDINANCE OT THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA , AMEIIDING
CHAPTER 28, BY CREATING ARTICLE YIII,
"TELECOMMI]MCATION TOWERS AI\D
ANTEIINAS''; PROYIDING INTENT AND
DEFINTTIONS; PROVIDING MINIMUM
STAIIDARDS FOR LOCATION AND APPROVAL OF
TELECOMMUMCATIONS TOWERS; PROVIDING
MINIMI]M STANDARDS FOR LOCATION AND
APPROVAL OF COMMI'MCATIONS ANTEIINAS'
PROYIDING ADDITIONAL USES; PROVIDING
FOR SHARED USE OF COMMT]NICATIONS
ANTENNAS; PROVIDING FOR INSPECTIONS;
PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILTTY PROVIDING FOR INCLUSION;
PRO\'IDING FOR AN EFFECTTVf, DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLONDA:
ARTICLE TEI,ECOMMLTNI TION TOWERS AND ANTENNAS
The regulations and requirements of this Article are intended to:
i promote the health, safety and general welfare of the citizens by regulating the
siting of telecommunication towers
ii. provide for the appropriate location and development of telecommunication
towers and antennas within the city;
iii. minimize adverse visual effects of telecommunication towers and antennas
through careful design, siting, landscape screening and innovative camouflaging
techniques:
iv. avoid potential damage to adjacent properties from tower failure through
engineering and careful siting oftower structures;
1 protect residential areas and land uses from potential adverse impacts of
telecommunication towers and antennas by maximizing use ofany new or
existing telecommunication towers through shared use, i.e., co-location, to reduce
the number of towers needed.
43
Section l. Article VIII, Sections 33-304 through 33-313, of the Zoning Code ofthe Code
of Ordinances ofthe City ofDania, Florida, entitled "Telecommunication Towers and
Antennas," is hereby created to read as follows:
1
Sec. 33-304. Intent.
oRDTNANCE NO._
Sectio Definitio
Accessory use: a use incidental to, subordinate to, and subservient to the main
use of the property.
Antenna: a transmitting and/or receiving device used for personal wireless
services that radiates or captures electromagnetic waves, including directional
antennas, such as panel and microwave dish antennas, and omni-directional
antennas and satellite earth stations.
Guyed tower'. a telecommunication tower that is supported, in whole or in part,
by quy wires and ground anchors.
Microwave: dish antennas: a dish-like antennas used to link personal wireless
service sites together by wireless transmission of voice or data'
Monopole to'h,er: a telecommunication tower consisting of a single pole or spire
self supported by a permanent foundation, constructed without quy wires and
ground anchors.
Panel antenna: an array of antennas designed to concentrate a radio signal in a
particular area.
Self-support/lauice tower: a telecommunication tower that is constructed without
quy wires and ground anchors.
Steatthfacility: any telecommunications 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.
Telecommunication lower: a quyed, monopole or self-support/lattice tower,
constructed as a fiee-standing structure, containing one or more antennas used in
the provision of personal wireless service.
W'hip antennas: a cylindrical antenna that transmits signals in 360 degrees'
(l) Freestanding telecommunication towers may be permitted as an accessory
use in the following zoning districts:
(a) (OS) Parks and Recreation greater than five (5) acres. On property
owned by the city, the city shall authorize the application and use of city
property after the applicant executes a lease agreement acceptable to the city.
The city shall have no obligation whatsoever to execute such lease even ifthe
applicant can meet the criteria set forth herein.
2
Section 33-306. Telecommunications Towers.
ORDINANCE NO
-
(b) (OS) Community Facility General. On property owned by the city, the
city shall authorize the application and use of city property after the applicant
executes a lease agreement acceptable to the city. The city shall have no
obligation whatsoever to execute such lease even ifthe applicant can meet the
criteria
(2) Towers as part ofexisting utility poles may be permitted as an accessory use
in the following zoning districts:
(OS) Special Utility. Towers shall be constructed as part of the
existing utility poles or as replacement for the existing utility poles.
No freestanding towers constructed exclusively for personal wireless
services shall be permitted.
(3) Freestanding telecommunication towers shalI be permitted as a conditional
use, in the Industrial, Research and Development (IRO) zoning district provided
the towers are an accessory use and subject to the procedures and requirements in
Chapter 29 ofthe Land Development Code. This provision does not preclude the
use ofvacant property in the IRO zoning district, however a monopole type
stealth facility must be utilized.
(4) Exceptions. The location ofa new telecommunications tower in any zoning
districts specified in this section must be approved as a special exception.
(5) Minimum standards. Except where a special exception is granted, every
telecommunications tower must meet the following minimum standards:
(a) Prior to the issuance ofa building permit by the building division,
GroMh Management DeparEnent a development plan shall be presented for
approval to planning division, GroMh Management Department. Each
application for a proposed telecommunication tower shall include all
requirements for site development plan approval as required in Chapter 29 of
the Land Development Code. The Director of the Growth Management
Department may waive all or some ofthese provisions for stealth towers
which are designed to emulate existing structures already on the site,
including but not limited to light standards or power poles.
(b) A statement shall be submitted prepared by a professional registered
engineer licensed to practice in the State of Floridq which through rational
engineering analysis certifies the tower's compliance with applicable
standards as set forth in the South Florida Building Code, latest Broward
County Edition, and any associated regulations including Electronic Industry
Association/Telecommunications lndustry Association standard for wind
load; and describes the tower's capacity, including an example ofthe number
and type of antennas it can accommodate. No tower shall be permitted to
exceed its loading capacity. For all towers attached to existing structures, the
statement shall include certification that the structure can support the load
superimposed fiom the tower. All towers shall have the capacity to permit
multiple users; at a minimum, monopole towers shall be able to accommodate
J ORDINANCE NO
1wo (2) users and at a minimum, self-support/lattice or quyed towers shall be
able to accommodate three (3) users.
(c) Height /setbacks and related location requirements.
L The height of a telecommunications tower shall not exceed one
hundred and fifty (150) feet. Tower height shall be measured from the
crown ofthe road ofthe nearest street.
2. Telecommunication towers shall conform with the setbacks
established for the underlying zoning district.
3. Monopole, lattice or quyed telecommunication towers shall not be
permitted within two hundred and fifty (250) feet of any residential
district.
4. Monopole, lattice or quyed telecommunication towers shall not be
located within seven hundred and fifty (750) feet of ant existing
monopole, lattice or quyed telecommunication towers.
5. All buildings and other structures to be located on the same property
as a telecommunication tower shall conform with the setbacks established
for the underlying zoning district.
(d) Aircraft hazard. Prior to the issuance ofa building permit by the building
iivision, Growth Management Department, the applicant shalI provide evidence
that the telecommunication towers or antennas are in compliance with Federal
Aviation Administration (FAA) regulations. Where an antenna will not exceed
the highest point ofthe existing structure upon which it is to be mounted, such
evidence shall not be required.
(e) Approval required from other governmental agencies. Each application for a
telecommunication tower may be required to include written approval or a
statement of no objection from other federal or state agencies that may regulate
telecommunication tower siting, design, and construction.
(f) FCC emissions standards. All proposed telecommunication towers shall
comply with current radio frequency emissions standards ofthe Federal
Communications Commission.
(g) Buffering.
I . An eight (8) foot fence or wall constructed in accordance with Chapter 29
ofthe Land Development Code, as measured from the finished grade ofthe
site, shall be required around the base ofany lattice tower and may be
permitted around any accessory building or structures.
4 oRDTNANCE NO._
2. Landscaping, consistent with the requirements ofChapter 29 the Land
Development Code, 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 ofthe city code in order to enhance compatibility with
adjacent residential and non-residential land uses. Landscaping shall be
installed on the outside ofthe perimeter fence or wall.
3. Landscaping consistent with perimeter and on-site requirements in
Chapter 29 ofthe Land development Code, shall be installed around any
accessory bu ildings or structures.
(h) High voltage and "No Trespassing" warning signs.
I . If high voltage is necessary for the operation ofthe telecommunications
tower or any accessory structures. *HIGH VOLTAGE - DANGER"
WARNING sign shall be permanently attached to the fence or wall and shall
be spaced no more than forty (40) feet apart.
2. 'NO TRESPASSING" waming signs 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" waming signs shall be at least six (6) inches in height the
two warning signs may be combined into one sign. The waming signs be
installed at least five (5) feet above the finished grade ofthe fence.
4. The waming signs may be attached to free standing poles if the content of
the signs may be obstructed by landscaping.
i. Equipment storage. Mobile or immobile equipment not used in direct support
ofa tower facility shall not be stored or parked on the site ofthe
telecommunication tower, unless repairs to the tower are being made.
j. Removal ofabandoned or unused facilities' All abandoned or unused
telecommunication tower facilities shall be removed by the tower owner/operator
within ninety (90) days ofthe cessation ofuse. A tower shall be considered
abandoned if use has been discontinued for one hundred eighty (180) consecutive
days. Telecommunication towers being utilized for other purposes, including but
not limited to light standards and power poles, may be exempt from this
provision.
(k) Signs and advertising. the use of any portion of a tower for signs or
advertising purposes, including company name, banners, streamers, etc.. shall be
strictly prohibited.
E ORDINANCE NO
(l) Accessory building or structures. All accessory buildings or structures shall
meet all building design standards as Iisted in the Code, and in accordance with
the provisions ofthe South Florida Building Code, latest Broward County
Edition. All accessory buildings or structures shall require a building permit
issued by the building division, Growth Management Department.
(m) Colors. Except where superseded by the requirements ofother county, state,
or federal regulatory agencies possessing j urisdiction over telecommunications
towers, telecommunications towers shall be painted or constructed in neutral
colors, designed to blend into the sunounding environment such as non-
contrasting gray.
(n) Non-interference. Each application to allow construction ofa
telecommunication tower shall include a certified statement that the construction
and placement of the tower, will not interfere with public safety communication.
(6) Inspections:
(a) Telecommunication tower owners' shall submit a report to the city
building division, departrnent of community development, certirying
structural and electrical integrity on the following schedule:
l. Monopole towers at least once every five (5) years.
2. Self-support/lattice towers at least once every two (2) years; and
3. Guyed towers at least once every two (2) years'
(b) Inspections shall be conducted by an engineer licensed to practice in the
State ofFlorida. The results ofsuch inspections shall be provided to the
building division department of community development. Based upon the
results ofan inspection the Building Ofhcial may require repair or removal of
a telecommunication tower.
(c) The building division of the Growth Management Department may
conduct periodic inspections of telecommunication towers to ensure
structural and electrical integnty.. The owner ofthe telecommunication
tower may be required by city to have more frequent inspections should there
be reason to believe that the structural and electrical integrity ofthe tower is
jeopardized.
(7) Construction of any tower type other than stealth and monopole, including
but not limited to lattice and guyed towers, shall require a special exception.
(8) Telecommunication towers are prohibited when a proposed or existing
principat use includes the storage distribution, or sale of volatile, flammable,
explosive, or hazardous wastes such as LP gas. propane, gasoline, natural gas, and
corrosive or dangerous chemicals.
6 ORDINANCE NO
(9) Existing towers.
(a) Notwithstanding the above provisions ofthis section telecommunications
antennas may be placed on existing tou'ers with sufficient loading capacity
after approval by the director Growth Management Department The Capacity
shall be certified by an engineer licensed to practice in the State of Florida.
(b) Notwithstanding the above provisions ofthis section towers in existence
as ofOctober l, 1996, may be replaced with a tower ofequal or less visual
impact after approval by the city manager or his designee. However, ifthe
proposed new tower would not be consistent with the minimum standards
undir this section replacement must be approved by the city commission'
Section 33-307. Antennas not located on telecommunications towers
(1) Antennas shall be permitted as follows:
(a) Stealth rooftop or building mounted antennas may be permitted as special
exception use in the following zoning districts:
1. (C-4) CommunitY Business
2. (C-3) General Business
3. (IRO)(M-I ) Industrial Research Office
4. (IR) Restricted Industrial / Industrial Commercial
5. lG Office and Research Parks
6. B-3IC'3/C4,LRO, IG, and M-1, as special exception use M-l
7. M-2,M'3, M-4 Permitted use
8. (RM RMD Medium High Density Multiple - Family
9. (RM2) High Density Multiple-Family
10. (OS) Community Facility General
(b)Non.stealthrooftoporbuildingmountedantennasshallonlybeconditionally
permitted as an accessory use in the following zoning districts subject to the
procedure and requirements provided elsewhere in this chapter:
I. (C-4) CommunitY Business
2. (C-3) General Business
3. (IRO) Industrial Research and Development
7 oRDtNANCE NO._
4. (lR) Restrictive Industrial(IC) Industrial Commercial
5. (RM) Medium High Density Multiple - Family
6. (RM2) High Density Multiple - Family
7. (OS) Community Facility General
(2) Minimum standards. Building or rooftop antennas shall be subject to the
following m inimum standards.
(a) Building rooftop stealth antennas shall be subject to the following minimum
standards:
l. No commercial advertising shall be allowed on an antenna:
2. No signals, lights or illumination shall be permitted on an antenna unless
required by the Federal Communication Commission or the Federal Aviation
Administration:
3. Any related unmanned equipment building shall not contain more than
750 square feet of gross floor area or be more than twelve (12) feet in height;
and
4. If the equipment building is located on the roof of the building, the area of
the equipment building shall not occupy more than twenty five petcenl (25Yo)
of the roof area.
5. Each application shall contain a rendering or photograph ofthe antenna
including, but not limited to, colors and screening devices. This shall be
subject to administrative approval for consistency with the definition of
stealth facility.
(b) Building rooftop non-stealth antennas shall be subject to the following
minimum standards:
l. Antennas shall only be permitted on buildings which are at least fifty (50)
feet tall. Antennas may be placed on building less than fifty (50) feet tall in
the OS district if public safety needs walrant the antenna;
2. Antennas may not extend more than 20 feet above highest point ofa roof'
Stealth antennas attached to but not above rooftop structures shall be exempt
from this provision. Antennas may exceed twenty (20) feet above the roof in
the OS district if public safety needs warrant additional height;
3. Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact ofthe antenna upon adjacent properties and shall
be ofa material or color which matches the exterior of the building or
structure upon which it is situated;
8 oRDINANCE NO._
4. No commercial advertising shall be allowed on an antenna;
5. No signals, lights or illumination shall be permitted on an antenna, unless
required by the Federal Communication Commission or the Federal Aviation
Administration;
6. Any related unmanned equipment building shall not contain more than
750 square feet ofgross floor area or be more than twelve (12) feet in height;
and
7. Ifthe equipment building is located on the roofofthe building, the area of
the equipment building shall not occupy more than twenty five percent (25yo)
of the roof area.
(3) Antenna types. To minimize adverse visual impacts, stealth antenna types
shall be preferred. Ifa non-stealth antenna is proposed, the application shall be
required to demonstrate in a technical manner acceptable to the city staff, why the
stealth antenna cannot be used for the particular application.
This does not preclude a combination ofthe various types of antenna.
(4) Antenna Dimensions. Antenna dimensions shall be approved by the director
of community development as required by existing technology. A statement shall
be submitted, prepared by a professional registered engineer licensed to practice
in the State of Florida, to certifr the need for the required dimensions.
(5) Aircraft hazard. Prior to the issuance of abuilding permit by the building
division, department of community development, the applicant shall provide
evidence that the telecommunication towers or antennas are in compliance with
Federal Aviation Administration (FAA) regulations. Where an antenna will not
exceed highest point ofthe existing structure upon which it is to be mounted,
such evidence shall not be required.
(6) Exceptions The location ofa new antenna in any zoning district other than
those districts specified in this section shall be prohibited unless approved as a
special exception.
Section 33-308. Shared use of communication antennas
(l) Notwithstanding any other provision ofthis article, to minimize adverse
visual impacts associated with the proliferation and clustering of
telecommunication towers, co-location offacilities on existing or new towers
shall be encouraged by:
(a) only issuing permits to qualified Shared Facilities at locations where it
appears there may be more demand for towers than the property can
reasonably accommodate; or
(b) giving preference to Qualified Shared Facilities over other facilities in
authorizing use at panicular Iocations.
I ORDINANCE NO.
(2) For a facility to become a "Qualified Shared Facility" the facility owner must
show that:
(a) the facility is appropriately designed for sharing; and
(b) the facility owner is prepared to offer adequate space on the facility to
others on fair and reasonable, nondiscriminatory terms.
(3) To satisfy the requirements of(2) (a) of this section, the facility owner must
submit a written evaluation ofthe structural capacity ofthe tower.
(4) The requirements of(2) (b) ofthis section will be deemed to have been met if
the facility owner shows that it has executed ajoint use agreement with at least
one other unaffiliated entity for shared use, and agrees to offer a similar contract
to others. In other case, the facility owner must enter into an agreement with the
city, acceptable to the city, to offer space on fair, reasonable, nondiscriminatory
terms, at fair market value, and to negotiate leases promptly and without undue
delay. A condition ofany permit fora Qualified Shared Facility shall be thatthe
permit shall be terminated, and the facility removed, ifthe city finds that the
facility owner is not complying with its obligations under this section and
associated agreements with the city.
(5) Co-location of communication antennas by more than one provider on
existing or new telecommunication towers shall take precedence over the
construction of new single-use telecommunication towers. Accordingly each
apptication for a telecommunication tower shall include the following:
(a) A written evaluation ofthe feasibility ofsharing a telecommunication
tower, if an appropriate telecommunication tower or towers is/are available.
The evaluation shall analyze one or more ofthe following factors.
l. structural capacity ofthe tower or towers;
2. radio frequency interference;
3. geographical service area requirements;
4. mechanical or electrical incompatibility;
5. inability or ability to locate equipment on the tower or towers;
6. availability of towers for co-location;
7. any restrictions or limitations ofthe Federal Communication
Commission that would preclude the shared use ofthe tower.
8. additional information requested by the city.
(b) the CiR may deny an application if an available co-location is feasible
and the application is not for such co-location.
(6) A telecommunication tower that is determine to be inappropriate for sharing
shall be assumed to be inappropriate for sharing the same types of facilities in the
future. Such towers will not need to be evaluated in the future regarding sharing
with the same type of facility for which it has been determined to be
inappropriate. The community development department shall retain a list ofsuch
10 ORDINANCE NO
-
towers, and will provide a copy ofthe listto all potential applicants. The city
may require additional sharing feasibility evaluations if warranted by changed in
technology.
(7) For any telecommunications tower approved for sharing use, the owner ofthe
tower shall provide notice ofthe location ofthe telecommunication tower's load
capacity to all other providers.
Section 33-309. Applications
(1) The City shall act promptly on any application submifted in accordance with
the provisions of Sections 33-304 through 33-308 of this chapter. The reasons for
rejecting any application filed under this article does not prevent a person from
filing an application for a special exception in accordance with application law.
(2) The issuance ofa permit, however, is not lease and no municipally-owned
property may be used without a lease agreement with the City. The City may, as
appropriate, to protect its property and the public interest, establish additional
requirements beyond the minimum requirements of a permit for municipally-
owned property. this provision further does not prelude the city from issuing a
letter of intent for the purposes of leasing sites on designated city property for the
construction and installation ofpersonal wireless service facilities. For
designated neighborhood parks, the city will encourage the installation of
facilities which have a minimal impact on the surrounding areas and are
consistent with the development ofthe park.
(3) Fees for tower placement and use including antenna installation will be
determined by a separate ordinance.
(4) Public land or right-of-way lease agreement will be established by a separate
instrument.
Section 33-3 10. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed to the extent of such conflict.
Section 33-31 l. Ifany section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity ofthe remaining portions ofthis
Ordinance.
Section 33-312. It is the intention o f the City Commission and it is hereby
ordained that the provisions ofthis Ordinance shall become and be made a part of
the City of Dania, Florida Zoning Code ofthe Code Ordinances, and that the
Sections ofthis Ordinance may be renumbered, relettered, and the word
"ordinance" may be changed to "section," "article", or such other word or phrase
in order to accomplish such intention. In no case shall any provision be read to
eliminate any requirements for a franchise, license or other authorization to
occupy the affected properry.
11 ORDINANCE NO.
eliminate any requirements for a franchise, license or other authorization to
occupy the affected property.
Section 33-313. That this ordinance shall be in force and take effect immediately
upon its final passage and adoption.
1997.
PASSED AND ADOPTED on Second and Final Reading on the
-day
of
1997.
MAYOR COMMISSIONER
ATTEST:
CIry CLERK -AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
*r^r{ e- a.,&--
CIry ATIORNEY
12
PASSED AND ADOPTED on First Reading on the day of
-,
ORDINANCE NO.
TO
CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
Michael Smith
City Manager
FROM:Ken Koch
Building Official
RE:SEWER AND WATER IMPACT FEES
Date:January 23, 1997
ln processing the building permit applications for a new warehouse project, our impact
fee schedule has been questioned as not containing a provision for a particular type of
warehouse. The type of warehouse referred to is mini-storage, commonly called "the
extra closet." These buildings are constructed with many small storage cubicles,
ranging from approximately 3'x 4'x 5'to 10'x 10'x 20'. These'bays'can not and are
not used as businesses, and do not contain individual restrooms, or even one restroom
per building. Rather, according to the building code, there may be one restroom for the
project, given a maximum kavel distance of 250 feet. Additionally, these operations
have a resident manager (which building has it's own bathroom) who oversees the
complex. The question raised is that our schedule has a provision only for standard
warehouses.
I have reviewed our ordinance, Section 27-202, Chapter 27, Arlicle Vll, together
with our section 27-54. Chapter 27, Arlicle lV. Section 27'202 requires impact fees to
be used for work done to the city's sanitary sewer and water systems, and are collected
based on the impact that the new development will have on the city's systems. Section
27-54 lists hydraulic loadings of sewer and waste water treatment plants that are
anticipated from new developments. Although, 27 -202 is used for calculating impact
fees, and 27 .54 is used for computing sewer tapping fees, both sections deal with the
same subject: waste water flow. There are two main differences between the
schedules in these two sections. One is that Section 27 -54 has many classifications
that are not included in 27-202, the second is that some classification s which appear in
both schedules have different rates.
I have also reviewed the schedule used by Broward County Natural Resource
Protection (Broward County Section 27 -201). I use this schedule as this is the agency
which reviews construction plans prior to permitting, and monitors the flow to waste
water treatment facilities throughout the county. This schedule is more similar to
Dania's 27-54thanitisto27-202, yetthere are still the same differences as discussed
above.
I would propose:
Since both of Dania's ordinances (27-54 and 27-202) deal with the same issue
(impact on facilities) that either both schedules be the same, or that each section
refer to a common schedule;
2. The schedule(s) be revised in their entirety to concur with that used by DNRP.
1. Not lower any existing rates.
2. Simplify methods of calculations in some existing rates.
3. Add new classifications not previously listed.
4. Allow to collect additional fees for future changes in existing projects.
To illustrate #2:
I cite as an example service stations. Our ordinance is based on service bays and
pumps. DNRP's is based on water closets and bays, a more accurate way of dealing
with flow based on use of restrooms and bays.
To illustrate #3:
I cite the mini-storage warehouse which is a lesser rate than regular warehousing (0.01
as opposed to 0.1). This is a justifiable lower charge based on proven lower usage.
But then, we also add classes such as car washes, port facilities, dentisUdoctor offices,
and more.
This allows us to collect additional fees when bedroom additions are added to
residences, or should additional barber/beauty chairs, or doctors be added to existing
businesses.
Please review the attached comparison chart, and recommend this change be
processed by our attorney.
1
Since DNRP is in the business of monitoring the flows to the systems, I trust their
estimates for calculations to be accurate, and are a model to be followed. The changes
would:
To illustrate #4:
4\
AN ORDTNANCE OF THE CtTy OF DAN|A,.FLORIDA
AMENDING IN ITS ENTIRETY SECTION 27-202, ARTICLE
VII OF CHAPTER 27 OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA, FLORIDA ENTITLED "IMPOSIflON
OF CHARGES" TO CAUSE SAID SECTION TO BE IN
AGREEMENT WITH THE COOE OF REGULATIONS OF
BROWARD COUNry DEPARTMENT OF NATURAL
RESOURCES PROTECTION; PROVIDING FOR
CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
NOWTHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA:
Section L That in order to be in agreement with the code or regulation of Broward
County Department of Natural Resources Protection Section 27-202, Article Vll of
Chapter 27 of the Code of Ordinances of the City of Dania is hereby amended in its
entireties to read as follows:
"Sec 27 -202. lmposition of charges.
There is hereby charged, imposed and enacted sanitary sewer and water impact
connection charges which are assessed against all new users (owners or developers)
who shall connect to the sanitary sewer and/or water systems of the city, which charges
shall be as follows:
(a) Sanitary sewer impact connection charges:
Acreage impact charge, per acre $3,086.00
352.00Unit (ERC) impact charge (dwelling), per unit .
(b) Water impact connection charges:
Acreage impact charge, per acre.
Unit(ERC) impact charge. . . . . .
Cent+el8ea+d Department of Natural Resources Protection.
(c) For uses other than dwellings, the unit (ERC) impact charges will be
calculated by the following flow determinations obtained from section 27-
5.053 of the Code'of Regulations, Broward County
$2,949.00
. . .387.00
E^',iranman+al f\' ' a li+r,
1
ORDINANCE NO.
ORDINANCE NO.-
(1) Airports, bus terminal, train station, port and dock facilities
(a) 5 gpd per passenger
(b) 20 gpd add per employ per 8 hour shift
(2) Assembly Halls
2 gpd per seat
(3) Barber and beauty shops
(a) 100 gpd perdry service chair
(b) 200 gpd per wet service chair
(4) Bar and cocktail lounges (no food service)
20 gpd per seat
(5) Bowling Alleys
100 gpd per lane (No food operation)
(6) Camps
(a) 25 gpd day, no food service
(b) 100 gpd luxury resort per person
(c) 100 gpd labor, per person
(7) Camper or RV trailer park
150 gpd per space
(8) Car Wash
(a) 3500 gpd Automatic type
(b) 350 gpd Automatic type (recycled water)
(c) 1750 gpd Hand wash
(9) Churches
3 gpd per sanctuary seat
(10) Dance halls
2 gpd per person
(1 1) Dentist Offices
(a) 250 gpd per dentist
(b) 200 gpd plus peJ wet service chair
(12) Doctor offices
(a) 250 gpd per physician
(b) 0.20 gpd plus per square foot of office space
2 ORDINANCE NO.-
(1 3) Drive-in theater
5 gpd per car space
('t4) Fire Station
100 gpd per bed
(15) Health Spa
0.35 gpd per square foot (does not include food service)
(16) Hospitals and nursing homes
210 gbd per bed space (does not include public food service
areas and offices),
(17) lnstitutions
100 gpd per person (including resident staff)
('18) Kennels
(a) 30 gpd per animal space
(b) 250 gpd per veterinarian
(19) Laundries
(a) 400 gpd per coin operated machine
(b) 650 gpd per commercial non-coin operated machine
(20) Marinas
40 gpd per boat slip (close not inctude office repair and leisure
facilities)
(21) Office Building
0.20 gpd per square foot of floor space
(22) Parks, public with comfort stations
10 gpd per visitor
(23) Pet Grooming Parlors
200 gpd per wash basin (does not include rental sales)
(24) RecreationiPool builders
2 gpd per person (300 gallon minimum)
(25) Residences
(a) 300 gpd Single Family, detached each
(b) 250 gpd multiple family per dwelling unit
(c) 150 gpd Motel/Hotel units per bedroom
(d) 150 gpd Bedroom additions to single family residence
(e) 300 gpd mobile homes each
ORDINANCE NO
(26) Restaurants
(a) 300 gpd single family, detached each
(b) 250 gpd multiple family per dwelling unit
(c) 150 gpd motel/hotel units, per bedroom
(d) 150 gpd bedroom additions to single family residence
(e) 300 gpd mobile homes, each
(27) Schools: Elementary/Middle
(a) 10 gpd per pupil per day
(b) 5 gpd add for shower/pupil
(c) 5 gpd add for caferia/pupil
(28) High School
(a) 15 gpd per pupil per day
(b) 5 gpd add for shower/pupil
(c) 5 gpd add for caferia/pupil
(29) Boarding School
100 gpd per pupil
(30) Service Stations and Auto Repair Shops
(a) 250 gpd per water closet
(b) 100 gpd plus per service bay
(31) Shopping centers and retail shops square foot
0.10 gpd per square foot or floor space (does not include food service or
laundry)
(32) Theaters and Auditoriums
5 gpd per seat
(33) Warehouse, mini storage with Resident Manager
0.01 gpd per square foot or floor space
250 gpd plus Residence
(34) Warehouses
0.10 gpd per square foot offloor spaces.
(d) Credit will be given for the dollar amount of any sanitary sewer and/or water
line assessment previously paid by property connected to said systems.
(e) The above sanitary sewer and water impact connection charges are in
additional to all other fees and charges for sanitary sewer and water service
imposed by the city ordinances.
(f) The calculations shall be based upon gross acreage and total units. Lakes
4 ORDINANCE NO.
shall be included in the gross acreage calculations. (Ord. No. 7, E3,4-26-83;
Ord. No. 41-86, E 3, 9-23-86)."
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
PASSED AND ADOPTED on First Reading on the _day of
1997
PASSED AND ADOPTED on Second and Final Reading on the
_day of _, 1997.
MAYOR COMMISSIONER
ATTEST:
CIry CLERK.AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
A,-J c. dL*
CITY ATTORNEY
5
Section 3 That this ordinance shall be in force and take effect immediately upon
its final passage and adoption.
ORDINANCE NO.
ORDINANCE NO.N 5
AN ORDINANCE OF THE CITY OF DANIA, . FLORIDA
AMENDING IN ITS ENTIRETY SECTION 27.54, ARTICLE lV
OF CHAPTER 27 OF THE CODE OF ORD]NANCES OF THE
Clry OF DANIA, FLORIDA ENTITLED "SCHEDULE FOR
SEWER CONNECTION CHARGES" TO CAUSE SAID
SECTION TO BE !N AGREEMENT WTH THE CODE OF
REGULATIONS OF BROWARD COUNTY DEPARTMENT
OF NATURAL RESOURCES PROTECTION; PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE
DATE.
NOWTHEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA:
Section 1. That in order to be in agreement with the code or regulation of Broward
County Depa(ment of Natural Resources Protection Section 27-54, Article lV of
Chapter 27 of lhe Code of Ordinances of the City of Dania is hereby amended in its
entirety to read as follows:
"Sec 27-54. Schedule for Sewer Connection Charges.
A sewer connection charge will be made for each connection to the city
sanitary sewer system, such charge payable at time of making application for permits
based on the following schedule:
Sewer connection charges will be composed of a one{ime tapping charge of fifty
dollars ($50.00) per tap plus twenty cents (90.20) per average daily gallonage used
according to the following table:
(1) Airports, bus terminals, train stations, port and dock facilities
(a) 5 gpd per passenger
(b) 20 gpd add per employ per 8 hour shift
(2) Assembly Halls
2 gpd per seat
(3) Barber and beauty shops
(a) 100 gpd per dry service chair
(b) 200 gpd per wet service chair
(4) Bar and cocktail lounges (No food service)
20 gpd per seat
1 ORDINANCE NO
(5) Bowling Alleys
100 gpd per lane (No food Operation)
(6) Camps
(a) 25 gpd day, no food service
(b) 100 gpd luxury resort per person
(c) 100 gpd labor, per person
(7) Camper or RV trailer park
150 gpd per space
(8) Car Wash
(a) 3500 gpd Automatic type
(b) 350 gpd Automatic type (recycled water)
(c) 1750 gpd Hand wash
(9) Churches
3 gpd per sanctuary seat
( 1 0) Dance halls
2 gpd per person
(1 1) Dentist Offices
(a) 250 gpd per dentist
(b) 200 gpd plus per wet service chair
(12) Doctor offices
(a) 250 gpd per physician
(b) 0.20 gpd plus per square foot of office space
(13) Drive-in theater
5 gpd per car space
(14) Fire Station
100 gpd per bed
(15) Health Spa
0.35 gpd per square foot (does not include food service)
(16) Hospitals and nursing homes
210 gbd per bed space (does not include public food service
areas and offices),
(17) lnstitutions
100 gpd per person (including resident staff)
2 ORDINANCE NO
-
('18) Kennels
(a) 30 gpd per animal space
(b) 250 gpd per veterinarian
(1 9) Laundries
(a) 400 gpd per coin operated machine
(b) 650 gpd per commercial non-coin operated machine
(20) Marinas
40 gpd per boat slip (close not include office repair and leisure
facilities)
(21) Office Building
0.20 gpd per square foot offloor space
(22) Parks, public with comfort stations
10 gpd per visitor
(23) Pet Grooming Parlors
200 gpd per wash basin (does not include rental sales)
(24) Recreation/Pool builders
2 gpd per person (300 gallon minimum)
(25) Residences
(a) 300 gpd Single Family, detached each
(b) 250 gpd multiple family per dwelling unit
(c) 150 gpd Motel/Hotel units per bedroom
(d) 150 gpd Bedroom additions to single family residence
(e) 300 gpd mobile homes each
(26) Restaurants
(a) 50 gpd open 24 hours, per seat including bar
(b) 30 gpd open less than24 hours, per seat including bar
(c) 35 gpd open less than 24 hours, with drivelhru window, per seat
including bar.
(d) 50 gpd drive-ins, per space
(e) 50 gpd carry out food service only per 100 square feet
(27) Schools: Elementary/Middle
(a) 10 gpd per pupil per day
(b) 5 gpd add for shower/pupil
(c) 5 gpd add for caferia/pupil
ORDINANCE NO
(28) High School
(a) 15 gpd per pupil per day
3
5 gpd add for shower/pupil
5 gpd add for caferia/pupil
(29) Boarding School
100 gpd per pupil
(30) Service Stations and Auto Repair Shops
(a) 250 gpd per water closet
(b) 100 gpd plus per service bay
(32) Theaters and Auditoriums
5 gpd per seat
(33) Warehouse, mini storage with Resident Manager
0.01 gpd per square foot or floor space
250 gpd plus Residence
(34) Warehouses
0.1 0 gpd per square foot of floor spaces
Section 3 That this ordinance shall be in force and take effect immediately upon
its final passage and adoption.
MAYOR COMMISSIONER
ATTEST:
(b)
(c)
4
CIry CLERK -AUDITOR
oRDTNANCE NO. _
(3'l) Shopping centers and retail shops square foot
0.1 0 gpd per square foot or floor space (does not include food service or
laund ry)
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed to the extent of such conflict.
PASSED AND ADOPTED on First Reading on the day of
_, 1997.
PASSED AND ADOPTED on Second and Final Reading on the
_day of _, '1997.
fl., ,l- C. A.ln.-'
CIry ATTORNEY
5 ORDINANCE NO
APPROVED AS TO FORM AND CORRECTNESS: