HomeMy WebLinkAboutO-2021-013 Text Amendment (TX-004-21) Art. 675 Temporary Use and Special Event Permits to Modify Special Events Approval Regulations SECOND READINGORDINANCE NO. 2021-013
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, "LAND DEVELOPMENT
CODE," OF THE CITY CODE OF ORDINANCES BY AMENDING PART 6
"DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS,:,
ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT PERMITS,'
SECTION 675-20 "TEMPORARY USES AUTHORIZED," AND SECTION 675-
40 " STANDARDS AND PROCEDURES FOR APPROVAL OF TEMPORARY
USE," TO MODIFY THE REGULATIONS FOR APPROVAL OF SPECIAL
EVENT PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 675 of the City of Dania Beach Land Development Regulations
contains regulations for Temporary Use and Special Event Permits; and
WHEREAS, Section 675-20 lays out the types of temporary uses that are authorized, and
Section 675-40 contains standards and procedures for approval of temporary uses; and
WHEREAS, the City Commission desires to amend its Code of Ordinances and Land
Development Code ("Code") in order to update regulations and procedures regarding special
events and temporary uses; and
WHEREAS, City staff recommends approval of a proposed change to the Code as shown
below; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Part 6, "Development Review Procedures and Requirements,"
Article 675, "Temporary Use and Special Event Permits," Section 675-20 Section 675-20
"Temporary Uses Authorized," of the City of Dania Beach Land Development Code is amended
to read as follows:
paFkG and reGreation diFeG City Manager or designee, the paFk6 and reGreation diFeGtGF staff shall
determine that the foregoing requirements are met prior to approval of the application. The GQity
GCommission, or parks and FeG�eatien diFeGtOr Qy Manager or designee (as applicable under section
675-20), may impose reasonable conditions as are necessary to ensure compliance with the
applicable standards of these land development regulations.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on February 23, 202 1.
PASSED AND ADOPTED on second reading on March 9, 202 1.
ATTEST: B
ly
V
THOMAS SCHNEIDER, CMC TAMARA JAM�
CITY CLERK MAYOR
Is
APPROVE7,70RM AND CORRECTNESS:
r\
THOW
CITY A
ORDINANCE #2021-013
ARTICLE 675. - TEMPORARY USE AND SPECIAL EVENT PERMITS
Sec. 675-20. - Temporary uses authorized.
(A) All temporary uses or special events must be located on developed property with an active business
tax receipt issued by the City, or upon city property as authorized in accordance with this article, and
must meet one of the following criteria:
(1) The temporary use or special event must benefit a business currently licensed and occupying a
permanent place of business in the City; or
(2) The temporary use or special event must benefit a not -for -profit entity or charitable organization;
or
(3) The temporary use or special event must be organized and operated solely for charitable
purposes; or
(4) The temporary use or special event must be a private gathering.
This section does not to apply to local shows or amusements held in theaters, auditoriums or
permanent buildings designed and permitted for assembly uses.
CitV sponsored events and any single day event associated with a place of worship located within
the city are exempt from this requirement.
(B) In addition to a temporary use OF SpeGial event that ks required to be approved by the Gity Commission
und-eir subhsp_Gtio�t !he following temporary uses and special events shall be approved by the City
Commission after staff review and recommendation, as provided in this subsection:
(1) Events with more than fifty five hundred (500) persons in attendance, as estimated by the parks
and recreation director;
(2) Events that or.r.-Ur ever aa five hour peried OF lGRgeF;
ka) Consecutive Multi -day events; or
(4) Events requiring stFeet GIGGWres;
(5) Any event that Fequires an eutside agenGy tO review the proposed eveRt;
(6) Any event involving the sales er use of firewerk6 or sparklers-,
(7) Temperary assembly uses GUGh as GOFAmerGial GaFnivals, fairs, exhibitions, Graft shows-,
GanGeFtS, prarnotin_R�aal ar.tivities Gr similar events;
(9) Garage c6ales lerVated- on pFoperty within a nonFesidential zening di6tFiGt puFsuant to sertiAp 21-
42; and
(9) Other useas of a similar and temporary nature where the perin-d- -of umse �Nill not extend beyGRd
sixty (60) days duFing any Galendar year.
The City Commission may, in its initial resolution approving a temporary use, authorize the
subsequent administrative approval by the paFks and reGFP__At'GA dirteGtGr City Manager or designee of
a future event or use that recurs on a regular basis (e.g., approved events or uses recurring
annually, or approved events or uses recurring seasonally but no more than four (4) times per
calendar year) at specific locations except as provided in section 675-20(F) and section 675-20(G).
Recurring events subject to administrative approval shall be consistent with all terms and conditions
provided in the original resolution providing for temporary use approval.
ORDINANCE #2021-013
(C) Notwithstanding the provisions of this section, the following temporary uses are authorized in the
commercial, industrial and CRA mixed -use districts, and on lots developed for assembly and
institutional uses in other zoning districts subject to approval of the paFkS and FeGFeatiGn diFeGtGF CitV
Manager or designee after staff review and recommendation, as provided in this subsection. The pafks
;;nd rer.reation diFeGt0 City Maria
_qer or designee may require GCitV 4GCOMMission approval of any
temporary use or special event which is normally subject to administrative approval under this
subsection, if the paFks and reGreation dire City Manager or designee has determined that
neighboring property may be impacted by the proposed event.
(1) Temporary sales of a seasonal nature (e.g., holiday sales of Christmas trees, pumpkins for
Halloween), excluding fireworks and sparklers; and
(2) Events with less than fifty five -hundred (500) persons in attendance,
and reGreation diFeGtG .
(D) The following temporary uses are permitted without further review, in connection with development
projects which are subject to r.City G�Qommission approval, unless the use was previously reviewed
during the site plan approval process, in which case administrative approval is authorized.
(1) Offices for sale of real estate or for persons engaged in the development, within temporary
buildings or office trailers which are approved consistent with all building permit submittal
requirements for temporary structures.
(2) Construction materials storage and processing.
(3) Equipment storage.
(4) Model homes or sample apartments.
(5) Activities of religious, institutional, or governmental entity under construction, reconstruction,
renovation or enlargement.
(6) Ground -breaking ceremonies on the site of a future development.
(E) Garage (yard) sales are permitted subject to the limitation on frequency and license requirement set
forth in chapter 21, article 3 of the Code of Ordinances, and the signage allowance in section 505-
170(l). Garages sales located on property within a non-residential zoning district shall be subject to
temporary use approval by the GCity 4�Commission in accordance with the procedure provided in this
section.
(F) Notwithstanding the above standards and regulations, GCommunity -�Redevelopment aAgency (CRA)
and GCity sponsored special events, along with properties which are zoned PMUD or properties
subject to a Florida pari-mutuel license and a development agreement with the GCity, may exceed the
maximum limit of four (4) times per calendar year for recurring events or uses, subject to administrative
review and approval by the Parks; and- RP-GreatiOR Dire Ci!y Manager or designee. Applications for
recurring temporary uses and special events exceeding four (4) times per calendar year shall provide
a GrGhp-d-1-de of eveRtS_ Special Event Annual Program package that shall include information identifying
each of the proposed events, with a description and parameters of each use, the dates and times for
each event for the entire calendar year, and the location or zone of all events. of all pi:eposei I I
uses and speGi.al te be appreved annually. The Parks and ReGFeatien Dore City Man�qer o-r
designee may impose reasonable conditions as provided for in section 675-40(c) necessary to ensure
the public health, safety, and general welfare. In addition to the foregoing, properties subject to a
Florida pari-mutuel license and a development agreement with the city may also request approval for
the temporary use of up to three hundred (300) parking spaces constituting surplus parking located
within the pari-mutuel facility for the parking of licensed and operational passenger vehicles by a third
party with an active business license within theGCity subject to the following conditions:
(1) All passenger vehicles must be parked in a designated parking space;
(2) The parking of recreational vehicles, panel truck or construction vehicles are not permitted in any
area designated for temporary parking pursuant to this subsection;
ORDINANCE #2021-013
(3) Any temporary parking approved pursuant to this subsection shall be located at least one
hundred twenty-five (125) feet from the property line of any property zoned or used for residential
uses and not owned by the pari-mutuel.
Any such approval may be granted by the GCity 4�Commission for up to eighteen (18) months.
The dDirector of GCommunity dDevelopment has the discretion to approve further consecutive
one hundred eighty (180) days extensions for the temporary use upon further written request. In
no event shall more than two (2) consecutive extensions be granted for any temporary use
approved by this subsection unless extended by the GCity;�Commission.
(G) All temporary uses and special events approved subject to the standards and requirements set forth
under this article are deemed to be a privilege and not a right, which may be revoked by the GCity for
failure to comply with any of the provisions of this article or any other local, state or federal law
governing the event. Approved temporary uses and special events may also be revoked if such
revocation is in the best interest of the -.City based on emergency, disorder or other unforeseen
conditions.
(H) All temporary uses or special events for mobile food vendor events shall be approved by the City
Commission pursuant to the criteria set forth in subsections (A) and (13). The City Commission may, in
its initial resolution approving a temporary use, authorize the subsequent administrative approval by
the P;;rkc; ;;nd RPGFeatien Dore City Manager or designee of a future event or use that recurs on a
regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring
seasonally but no more than eight (8) times per calendar year) at specific locations. Recurring events
subject to administrative approval shall be consistent with all terms and conditions provided in the
original resolution providing for temporary use approval.
(1) A temporary structure permit for up to 180 days can be approved by the Building Official with the
submittal of an affidavit stating all the required information and time limits.
Section 3. That That Part 6, "Development Review Procedures and Requirements,"
Article 675, "Temporary Use and Special Event Permits," Section 675-40 "Standards and
Procedures for Approval of Temporary Use," of the City of Dania Beach Land Development
Code is amended to read as follows:
Sec. 675-40. - Standards and procedures for approval of temporary use.
(A) The 4GCity mManager or designee shall review the application and all support documents for
completeness. The city manager or designee shall notify the applicant of any deficiencies in the
application or support documents and specify what additional requirements must be met. Once
the city manager or designee has determined that the application and support documents are
complete, the application and support documents shall be distributed for staff review.
(13) Once the required documentation has been provided, the application will be scheduled for hearing
on the agenda of the next available GCity qCommission meeting, if GCity 4�Commission approval is
required pursuant to section 675-20.
(C) For applications subject to GCity 4qCommission review pursuant to section 675-20, the GCity
GCommission shall approve, approve with conditions, or deny the proposed application at a public
hearing based upon the applicant's demonstration that the use will be in compliance with the terms of
this article and all pertinent code requirements, and that adequate provision and assurance has been
made for traffic control, trash cleanup, special event signage, public safety considerations, and
compatibility with adjacent uses. For applications subject to administrative review and approval by the
4 ORDINANCE #2021-013