HomeMy WebLinkAboutO-2021-007 Text Amendment (TX-082-20) Sight Triangles and Emergency Generators in Residential DistrictsORDINANCE NO. 2021-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA RELATING TO THE LAND DEVELOPMENT CODE
(LDC); AMENDING CERTAIN PROVISIONS OF THE LDC TO FURTHER
REFINE PROVISIONS RELATING TO (1) SIGHT TRIANGLES BY
AMENDING SECTION 275-180, ENTITLED "SIGHT DISTANCE FOR
LANDSCAPING ADJACENT TO STREET INTERSECTIONS AND POINTS
OF ACCESS;" (2) EMERGENCY GENERATORS, BY AMENDING SECTION
285-10, ENTITLED "EMERGENCY GENERATORS IN RESIDENTIAL
DISTRICTS;" PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach desires to update its Land Development Code
relating to (1) amending the rules relating to sight distance for landscaping adjacent to street
intersections and points of access to increase the sight triangle from 25 feet to 30 feet, and (2)
amending the regulations relating to emergency generators to prohibit diesel generators and
increase the size of fuel tanks; and
WHEREAS, staff recommended approval of the proposed amendments to the
Land Development Code in its report dated January 12,2021; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning
Agency, held a duly advertised public hearing on D e c e in b e r 16, 2 0 2 0 and
recommended approval of the proposed Ordinance; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings
relating to the adoption of the LDC amendments; and
WHEREAS, the City Commission finds that it is in the best interest of the City to adopt
the amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. The foregoing WHEREAS clauses are ratified and confirmed as being
true and correct, and they are made a specific part of this Ordinance.
Section 2. City's Code of Ordinances, at the Land Development Code, is amended as
follows:
ARTICLE 285. — EMERGENCY GENERATORS
Sec. 285-10. — Emergency generators in residential districts.
(A) Emergency generators and associated fuel tanks which operate with liquid propane or
natural gas for fuel shall be permitted as accessory structures to single-family detached
dwellings and two-family (duplex) dwellings, as provided in this article.
(B) Generators are not permitted in a front yard. Generators not to exceed five (5) feet in
height are permitted in side and rear yards with a minimum ten -foot setback to any side lot
line, a minimum ten -foot setback to any rear lot line adjacent to a public alley or street line,
and a minimum fifteen -foot setback to any other rear lot line.
(C) Above -ground liquid propane tanks are not permitted in a front yard or side yard. A
maximum of two (2) above -ground tanks with a maximum collective capacity of two hundr-ea
fifty (250) five hundred (500) gallons and a maximum height of five and one-half (51/2) feet are
permitted in the rear yard subject to the same setback requirements that apply to generators in
subsection (B), above.
(D) One (1) underground propane tank is permitted in lieu of any above -ground tank, or in
combination with no more than one (1) above -ground tank, provided that the collective
capacity of the underground tank and any above -ground tank shall not exceed two hundred
fifty (250) five hundred (500) gallons. An underground tank is permitted only in the front or
rear yard, if a minimum twenty -five-foot setback is provided to any street line and a minimum
ten -foot setback is provided to any lot line.
(E) Above -ground storage tanks shall be screened with an opaque fence at least six (6) inches
higher than the top of any portion of the tank.
(F) A generator located in an interior side yard and situated between two (2) dwellings shall be
positioned to direct exhaust toward the rear yard.
(G) Generator and fuel tanks shall not be located in any easement.
(H) Any generator with a noise rating on its specifications sheet exceeding seventy (70) db
(decibels) at a distance of twenty-three (23) feet is prohibited.
(1)
See. 275-180. - Sight distance for landscaping adjacent to street intersections and points of
access.
When a lot abuts the intersection of two (2) or more streets, all landscaping within the
triangular area located within twei4y five �� thirty feet (30) feet of the intersection of the
front and side street property lines shall provide unobstructed cross -visibility at a level
between thirty (30) inches and eight (8) feet, with the exception of tree trunks that do not
impede visibility. See Section 255-10 for illustration. The property owner shall be responsible
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for maintaining all landscaping within the cross -visibility triangle. Landscaping, except
required turf and groundcover, shall not be located closer than five (5) feet from the edge of
any roadway and three (3) feet from the edge of any alley or pavement.
Section 3. If any clause, section, sentence or phrase of this Ordinance is for
any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. All ordinances or parts of ordinances, resolutions or parts of resolutions
in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. This Ordinance shall be in force and take effective immediately upon
its passage and adoption.
PASSED on first reading on January 12, 2021.
PASSED AND ADOPTED on second reading on January 26, 202 1.
ATTEST:
THOMAS SCHNEIDER, CMC TAMARA JA�JS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOM S ANS
CITY �TTUEY
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