The URL can be used to link to this page

Home My WebLink AboutO-2026-021 ASTF Parking and LDC AmendmentsORDINANCE NO. 2026-021 AN ORDINANCE OF THE CITY DEFINITIONS” TO CITY OF DANIA BEACH, FLORIDA, AMENDING CERTAIN PROVISIONS OF CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”, OF THE CITY’S CODE OF ORDINANCES IN ORDER TO CLEAN-UP AND UPDATE VARIOUS PROVISIONS IN THE CODE; INCLUDING TO: (1) AMEND PART 1, ENTITLED “USE REGULATIONS”, ARTICLE 105, ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”, AT SEC. 105-220, ENTITLED “PRD-1 DISTRICT SUPPLEMENTAL REGULATIONS” TO AMEND SITE PLAN REQUIREMENTS FOR ACCESSORY STRUCTURES IN PRD-1; (2) TO AMEND ARTICLE 110, ENTITLED “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS” AT SECTION 110-50, ENTITLED “PROXIMITY OF ALCOHOLIC BEVERAGE ESTABLISHMENTS TO OTHER ESTABLISHMENTS AND USES”, TO REQUIRE CITY COMMISSION AUTHORIZATION OF DISTANCE REQUIREMENTS FOR ALL ALCOHOL ESTABLISHMENTS IN ALL ZONING DISTRICTS; (3) TO AMEND PART 2, ENTITLED “SITE DEVELOPMENT REGULATIONS AT ARTICLE 265, ENTITLE “OFF-STREET PARKING REQUIREMENTS”, AT SECTION 265-50, ENTITLED “OFF-STREET PARKING REQUIRED; ON- STREET PARKING CREDIT” TO AMEND THE CRA FORM BASED CODE PARKING CREDIT REQUIREMENTS; AND TO AMEND SECTION 265-100, ENTITLED “DESIGN STANDARDS FOR RESIDENTIAL PARKING SPACES UTILIZING INDIVIDUAL DRIVEWAYS OR BACK-OUT PARKING” TO CORRECT A SCRIVINER’S ERROR; (4) TO AMEND ARTICLE 275, ENTITLED “LANDSCAPING REQUIREMENTS” AT SECTION 275-90, ENTITLED “PERIMETER BUFFER LANDSCAPE REQUIREMENTS FOR VEHICULAR USE AREAS (VUAS)” TO ELIMINATE LANDSCAPING REQUIREMENTS FOR CITY CENTER; (5) TO AMEND PART 3, ENTITLED “ SPECIAL ZONING DISTRICTS”, SUBPART 1, ENTITLED “COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS” AT SECTION 302-20, ENTITLED “CONDITIONS OF USE” TO MODIFY THE TWO-FAMILY (DUPLEX) DWELLINGS MINIMUM SIZE STANDARDS; AND TO CLARIFY A PROVISION RELATING TO PET SUPPLY STORES; (6) TO AMEND ARTICLE 303, ENTITLED “DISTRICT DEVELOPMENT STANDARDS” AT SECTION 303-50, ENTITLED “NBHD-MU, NEIGHBORHOOD MIXED-USE DISTRICT” TO ELIMINATE SPECIFIC STREET REFERENCES; AND AMENDING SECTION 303-90, ENTITLED “NBHD-RES, NEIGHBORHOOD RESIDENTIAL DISTRICT” TO AMEND DUPLEX LOT DIMENSIONS AND CORRECTING THE ARTICLE REFERENCE FOR ARCHITECTURAL DESIGN STANDARDS; (7) TO AMEND PART 6, ENTITLED “DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS”, ARTICLE 610, ENTITLED “PUBLIC HEARING NOTICES”, AT SECTION 610- 15, ENTITLED “COMMUNITY OUTREACH” TO REQUIRE THE OUTREACH BE HELD NO MORE THAN 60 DAYS PRIOR TO THE PUBLIC HEARING; (8) TO AMEND ARTICLE 635, ENTITLED “SITE PLANS” AT SECTION 635-40, ENTITLED “SUPPLEMENTAL APPLICATION REQUIREMENTS” TO REQUIRE ELECTRONIC FILING OF PLANS; (9) TO AMEND ARTICLE 655, ENTITLED “VACATIONS OF RIGHT-OF-WAY ” AT SECTION 655-30, ENTITLED “APPLICATION PROCESSING” TO ELIMINATE THE REQUIREMENT FOR REPLATTING WHEN VACATING A RIGHT-OF-WAY; AND (10) TO AMEND PART 8 ENTITLED “TECHNICAL APPENDIX”, ARTICLE 830, ENTITLED “TREE ABUSE” AT SECTION 830-40, ENTITLED “DEFINITIONS” TO REMOVE REFERENCE TO THE CITY’S LANDSCAPE TECHNICAL MANUAL; PROVIDING FOR CONFLICTS; CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 2 ORDINANCE #2026-021 WHEREAS, periodically the City of Dania Beach Community Development Department undertakes clean-up of the City’s Land Development Code (LDC); and WHEREAS, the Department believes it is in the best interest of the City to continue to provide clarity in the LDC and to correct scrivener’s errors and other minor modifications to the Code; and WHEREAS, the clean-up includes the following edits and amendments: 1. Amend Section 105-220:to provide better guidance when accessory structures are proposed at PRD-1 districts. At the moment, the LDC does not provide details on how to accept this at the DRC review. 2. Amend Section 110-50 to be consistent with the change requested by the City Commission to clarify that establishments that serve food do not need to follow separation requirements. 3. Amend Section 265-50 to clarify parking requirements in the CRA Form-based Districts, as the previous version was silent on parking requirements. 4. Amend Section 265-100 to remove a scrivener's error. 5. Amend Section 275-90 to avoid a conflict on landscape code interpretation. 6. Amend Section 302-20, to clarify that provision relates to vocal animals kennel and provide for the conditions of use. 7. Amend Section 303-90 to provides a better approach to duplex constructions by relaxing the minimum lot dimensions. 8. Amend Section 610-15 to provide a better regulation for public outreach requirements, especially for items that are postponed and need public input 9. Amend Section 635-40, requiring all submittals to be electronic, consistent with the current practice since COVID. 10. Amend Section 655-30, to update the language for waiver of re-plat to match the Law of Florida 2025-164 (Platting processing). 11. And amending Section 830-40, to remove the landscape manual language as a reference from the Code. 3 ORDINANCE #2026-021 WHEREAS, the Planning & Zoning Board heard the ordinance on June 17, 2026 and recommended approval of the ordinance to the City Commission; and WHEREAS, the ordinance ensures that the City continues to improve the LDC and protect its police powers by providing clear zoning regulations; and WHEREAS, the Administration supports adoption of the ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Chapter 28, entitled "Land Development Code” at Part 1, entitled “Use Regulations”, Article 105, entitled “Use Regulations for Residential and Open Space Zoning Districts”, at Section 105-220, entitled “Prd-1 District Supplemental Regulations” to be amended as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 1. - USE REGULATIONS * * * ARTICLE 105. - USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS * * * Sec. 105-220. PRD-1 District supplemental regulations. (D) 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: * * * (10) Accessory structures must meet the requirements of Code Sec. 215-90(C) * * * Section 3. That Chapter 28, entitled "Land Development Code” at Article 110, entitled “Use Regulations For Commercial And Mixed-Use Districts”, at Section 110-50, entitled “Proximity of Alcoholic Beverage Establishments to Other Establishments And Uses” be amended as follows: 4 ORDINANCE #2026-021 ARTICLE 110. - USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS * * * Sec. 110-50. Proximity of alcoholic beverage establishments to other establishments and uses. (A) [Applicability.] The distance separation requirements of this section shall not apply to: (1) The sale of beer or wine or both for consumption off-premises; and (2) Restaurants and cafes (including outdoor or open-air cafes specifically approved by the city commission) serving beer, wine, and liquor, for consumption on the premises only, that are located within the Community Redevelopment Area form-based code districts; city-wide; and * * * Section 4. That Chapter 28, entitled "Land Development Code” at Part 2, entitled “Site Development Regulations at Article 205, entitled “Tabular Summary of Site Development Standards for all Zoning Districts” be amended as follows: Sec. 265-50. Off-street parking required; on-street parking credit. * * * (A) [Accessory off-street parking.] Accessory off-street parking spaces shall be provided for all uses of land, building and structure in accordance with this section. (B) [Handicap-accessible parking.] Handicap-accessible parking shall be provided in the quantity and location required in subsection 11-4.1.2 of the building code. (C) On-street parking. Wherever the city commission constructs or authorizes the construction 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 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 not be reserved for private use unless otherwise approved by the city commission. (D) [Abbreviations]. Abbreviations used in the off-street parking requirement table. CSA = Customer service area Pkg = Parking Requ. = Requirement required I/B = Inbound O/B = Outbound 5 ORDINANCE #2026-021 SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS establishment Plus one (1) per guest eight- room lounges, shops, and and GTWY-MU districts, parking is to the approval of the community Dwelling bedrooms units, then one (1) per five (5) units (marked units, then one (1) per five (5) units (marked Dwelling two thousand (2,000) five hundred (500) sf See all Districts, identified 6 ORDINANCE #2026-021 of five hundred (500) require any additional spaces. Total required District, lots less than sixty (60) feet wide or provide one (1) guest conveniently distributed See all Districts, identified kennel hundred (300) sf transit station school sf of class-room hundred (400) sf or, a See all Districts, identified be substituted for pkg spaces up to ten (10) spaces or twenty-five See all Districts, identified assembly seats, plus one (1) per 7 ORDINANCE #2026-021 may utilize the shared See all Districts, identified school facility See all Districts, identified permitted occupancy school for grades 7— hundred fifty (250) sf unions, and check- cashing stores hundred fifty (250) sf Six (6) I/B and one (1) are required per drive- Six (6) I/B and one (1) are required per drive- vehicle storage marine storage spaces 8 ORDINANCE #2026-021 manufacturing hundred (500) sf hundred (400) sf use Three (3) I/B, one (1) per car wash bay are See all Districts, identified use one- washing, detailing, or See all Districts, identified See all Districts, identified *for off-site See all Districts, identified shops(1) hundred (500) sf storage space (1) hundred (400) sf parlor hundred seventy-five 9 ORDINANCE #2026-021 decorator showroom(1) See all Districts, identified outdoor display See all Districts, identified hundred (500) sf up to hundred (2,500) sf of outdoor use, then one (1) for each additional See all Districts, identified hundred fifty (250) sf See all Districts, identified center or arcade sf of CSA hundred (300) sf hundred fifty (150) sf or three (3) machines hundred fifty (250) sf driving range, archery See all Districts, identified 10 ORDINANCE #2026-021 hundred (300) sf (retail) devoted to automotive use See all Districts, identified professional hundred (300) sf (other) persons of capacity on See all Districts, identified seats in the viewing or plus one (1) space for See all Districts, identified hundred (300) sf hundred (300) sf service facility 11 ORDINANCE #2026-021 drive-in or drive-sf of CSA plus: for any drive-through plus: Eight (8) I/B stacking for any drive-through bars; and other eating open-air seating area One (1) per sixty (60) open-air seating area (30) sf of CSA if live No additional parking entertainment of GFA Uses with greater pkg See all Districts, identified of GFA or larger hundred fifty (250) sf Includes up to ten (10) percent of sf for uses above ten (10) percent for such uses shall be hundred (300) sf reproduction shop See all Districts, identified 12 ORDINANCE #2026-021 principal use rental, leasing hundred (200) sf plus: thousand (2,000) sf of See all Districts, identified terminal(1) hundred (700) sf and research uses(1) Parking for accessory for all square footage See all Districts, identified warehouse(1) Parking for accessory for all square footage See all Districts, identified general(1) hundred (500) sf 13 ORDINANCE #2026-021 to trades*(1) See all Districts, identified *for music, dance, art, See all Districts, identified hundred (400) sf boat, sightseeing boat, excursion boat, or gambling boat slip Parking requirements See all Districts, identified See all Districts, identified * * * Sec. 265-100. Design standards for residential parking spaces utilizing individual driveways or back-out parking. * * * (E) Residential driveways for single-family and duplex may be composed of gravel (peat pea rock). * * * Section 5. That Chapter 28, entitled "Land Development Code” at Part 2, entitled “Site Development Regulations at Article 275, entitled “Landscaping Requirements” at Sec. 275-90, entitled “Perimeter buffer landscape requirements for vehicular use areas (VUAs)” be amended as follows: * * * 14 ORDINANCE #2026-021 ARTICLE 275. - LANDSCAPING REQUIREMENTS * * * Sec. 275-90. Perimeter buffer landscape requirements for vehicular use areas (VUAs). * * * (C) Business, commercial, and industrial properties. These regulations are not applicable to the City Center (CC) district. City Center is regulated through section 307-90 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: * * * Section 6. That Chapter 28, entitled "Land Development Code” at Part 3, entitled “Special Zoning Districts”, at Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, at Section 302-20, entitled “Conditions of Use” to be amended as follows: * * * PART 3. - SPECIAL ZONING DISTRICTS SUBPART 1. - COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS * * * 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 contained in section 302-10. (1) Two-family (duplex) dwellings may be constructed only on vacant lots that satisfy the minimum lot size criteria of eight thousand (8,000) six thousand (6,000) square feet and a minimum width requirement of eighty (80) sixty (60) 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. * * * (21) All uses with this restriction 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 Kenneling of house or display dogs or exotic birds (parrots, parakeets, and other vocal varieties) shall be located in a free standing building. * * * 15 ORDINANCE #2026-021 Section 7. That Chapter 28, entitled "Land Development Code” at PART 3, entitled “Special Zoning Districts”, at Subpart 1, entitled “Community Redevelopment Area (CRA) Form- Based Zoning Districts”, at Article 303, entitled “District Development Standards” be amended as follows: * * * ARTICLE 303, ENTITLED “DISTRICT DEVELOPMENT STANDARDS” * * * Sec. 303-50. NBHD-MU, neighborhood mixed-use district. (A) Intent 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, West Dixie Highway, and Sheridan Street. Each such street is 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 order to accommodate parking and loading and provide separation from the residential neighborhoods typically bordering the rear lot lines. * * * Sec. 303-90. NBHD-RES, Neighborhood Residential District. * * * (F) Allowable building and frontage types (see articles 310 and 311 for details) and required lot dimensions. ✓✓✓✓✓✓ * * * (M) Architectural and design standards. See article 530 525. * * * Section 8. That Chapter 28, Entitled "Land Development Code” at Part 6, Entitled “Development Review Procedures and Requirements”, Article 610, entitled “Public Hearing Notices”, at Section 610-15, entitled “Community Outreach” be amended as follows: 16 ORDINANCE #2026-021 * * * Part 6, Entitled “Development Review Procedures and Requirements” * * * Article 610 - Public Hearing Notices * * * Sec. 610-15. Community Outreach The applicant for any application requiring public hearing must conduct community outreach to present the application to the surrounding community prior to the application being scheduled for public hearing. The intent is for the developer/applicant to meet with the community to discuss the development application, to understand the perspective of the community and mitigate any adverse impacts, if possible, before presenting the application at a public hearing. Applications that can be administratively approved shall also be required to conduct community outreach, unless waived by the Community Development Director. The method of reaching out to the community is left to the developer/applicant, however in-person meetings are preferred. Public notice must be provided to staff prior to notice being sent to the community. A summary of the outreach activity and discussion must be provided to staff prior to the application being scheduled for public hearing. The community outreach meeting should occur no more than 60 days prior to the scheduled public hearing. If a significant change is proposed, an additional meeting is needed at the discretion of the director. * * * Section 9. That Chapter 28, Entitled "Land Development Code” at Part 6, Entitled “Development Review Procedures and Requirements”, Article 635, entitled “Site Plans” at Section 635-40, entitled “Supplemental application requirements” be amended as follows: * * * ARTICLE 635. - SITE PLANS * * * Sec. 635-40. Supplemental application requirements. * * * (E) Site plans, including all information required in section 635-50, must be provided in an electronic version signed and sealed. 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. * * * 17 ORDINANCE #2026-021 Section 10. That Chapter 28, Entitled "Land Development Code” at Part 6, Entitled “Development Review Procedures and Requirements”, Article 655, entitled “Vacations of Right- of-Way ” at Section 655-30, entitled “Application processing” be amended as follows: * * * ARTICLE 655. - VACATIONS OF RIGHT-OF-WAY * * * Sec. 655-30. Application processing. (D) No platted street, alley or other property dedicated to the public use shall be vacated or abandoned except by a new plat submitted to and approved by the city commission, showing the condition of the area after such vacation and abandonment; however, if it is determined by the city commission that the submission and approval of such new plat would cause an undue hardship to the property owner requesting such a vacation or abandonment, the submission and approval of such new plat may be waived by the city commission. (E) All vacation applications shall be processed as ordinances of the city in accordance with the applicable city and state requirements. The application shall be referred to the city planning and zoning board for its recommendation. * * * Section 11. That Chapter 28, Entitled "Land Development Code”, Part 8 entitled “Technical Appendix”, Article 830, entitled “Tree Abuse” at Section 830-40, entitled “Definitions” be amended as follows: * * * PART 8 - TECHNICAL APPENDIX * * * ARTICLE 830. - TREE ABUSE * * * Sec. 830-40. Definitions. (A) In 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. (1) Section 825-50 of the Dania Beach City Code; (2) City of Dania Beach Landscape Technical Manual; * * * 18 ORDINANCE #2026-021 Section 12. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 13. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 14. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on July 7, 2026. PASSED AND ADOPTED on second reading on August 25, 2026. First Reading: Motion by: Vice Mayor Salvino. Second by: Commissioner Lewellen. Second Reading: Motion by: Commissioner Lewellen. Second by: Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ SIGNATURES ON THE FOLLOWING PAGE 19 ORDINANCE #2026-021 ATTEST: ____________________________ _________________________________ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY