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Home My WebLink AboutO-2006-013 PODS- Outdoor temporary portable storage containers ORDINANCE NO. 2006-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; ESTABLISHING RESTRICTIONS PERTAINING TO THE USE OF OUTDOOR TEMPORARY PORTABLE STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach recognizes that the use of outdoor temporary portable storage containers in residential districts is anticipated to increase; and WHEREAS, the City believes that long term use of such containers in residential districts has a direct negative impact on the aesthetic appearances of residential communities; and WHEREAS, the City further believes that long term use of such containers can create a nuisance for residents; and WHEREAS, the City has determined that regulation of such containers is in the best interests of the public health, safety and welfare; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. That the foregoing "WHEREAS" clauses are ratified and incorporated into and are made a specific part of this Ordinance. Section 2. That Chapter 28, "Zoning", is amended to create Article 32 to be entitled "Outdoor Storage Containers in Residential Districts", which Article shall read as follows: ARTICLE 32 Outdoor Storage Containers in Residential Districts 32.10 Purpose and-intent. • It is the purpose and intent of the provisions of this Article to establish restrictions pertaining to the use of outdoor temporary portable storage containers in residential districts within the City to promote and protect the aesthetic appearance of such districts and to protect the public health, safety and welfare. 32.20 Definitions. For the purposes of this Article, the following terms are defined: Container means any container or receptacle designed for and used as an outdoor temporary portable storage container for the storage of personal property (provided, however, the term "container" shall not include any steel cargo container or any similar container designed and intended for transporting materials on ships, trains, or trucks from one location to another). Such containers are ordinarily rented or leased to owners or occupants of real property and are placed and removed by means of a truck or other motor vehicle. No container shall have wheels or any other device or mechanism that raises any part of it above the surface upon which it is located. Site means any real property in a residential district upon which a container is located. 32.30 Permitted containers. A container may only be located as follows: (a) in single-family residential districts, no more than one container may be located on a site. The container may only be located in a front yard driveway and set back a minimum of five (5) feet from the front property line, without obstructing access to any building; (b) in multi-family residential districts, no more than one container may be located on a site; provided however, the Director of Community Development may allow additional containers subject to the following restrictions: the site affords sufficient space for placement of more than one container; adequate parking and building access remain available on the site, and the property manager, homeowners' association, or condominium association submits a letter of no objection to the City. The container shall be set back a minimum of five (5) feet from any property line on the lot, without obstructing access to any building; (c) Containers are expressly prohibited in all other zoning districts, except those districts which specifically permit outdoor storage. 32.40 Permitted times and size of containers. (1) The owner of a site shall be permitted upon issuance of a container permit to place a container at the site one time per calendar year, not to exceed 30 consecutive days. The city commission, upon application by the owner and submission of$50.00 non-refundable waiver fee, may consider a waiver to these requirements. 2 ORDINANCE 42006-013 • (2) No container shall be permitted to be used if it exceeds one hundred thirty (130) square feet and ten(10) feet in height. (3) Despite the time limitations provided in this Article, all containers must be removed immediately from all sites upon the issuance of a hurricane warning by the National Hurricane Center of the National Oceanic and Atmospheric Administration National Weather Service. The obligation to cause removal of the container rests with the owner of the site who shall sign a notarized statement to that effect, which will be included in the application. 32.50 Container permit. (a) The owner of a site who wishes to use a container must submit an application to the Department of Community Development on a form prepared by that Department. An application processing fee of $50.00 must accompany each such application provided, however, that the fee shall be waived for applications submitted during the 60 day period following a named hurricane event which significantly impacts the City. The container shall not be placed on the site until the application is approved. (b) A copy of the permit shall be conspicuously displayed on the container, within a clear weatherproof pouch. (c) It shall be unlawful for any person to place or permit the placement of a container on any site he, she or they own or occupy without obtaining a valid permit. 32.60 Container restrictions. Each container must: (a) display no signage other than the name, address and telephone number of the container owner, permanently affixed to the container; (b) be kept in good condition, well-painted, free from rust, any other discoloration, graffiti, holes and cracks. The Director may disapprove the permit if the color of the container is not uniform or is inconsistent with the aesthetic appearance of the neighborhood; (c) be kept locked at all times except when the user is actively engaged in storing or removing stored items from the container. If the container is capable of self-locking upon being closed, it must provide an emergency release device.inside the entrance, visible in the dark, useable by a small child, in case anyone were to accidentally be locked in; (d) the container shall not be used to store goods which may or appear to be destined for wholesale or retail purposes; (e) no hazardous substance of any type whatsoever shall be stored within any container; 3 ORDINANCE#2006-013 • (f) only personal property owned by the site owner or occupant shall be stored in the container; (g) no owner or occupant of a site shall be issued a permit if any outstanding City liens are unpaid or code enforcement proceedings are pending pertaining to the site, the owner or the occupant; (h) a representative of the City shall be afforded immediate access upon request to determine if the contents of the container comply with the restrictions of this section. Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall be effective immediately at adoption on second • reading. PASSED on first reading on March 28, 2006. PASSED and ADOPTED on second reading May 9, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO/F.O AND CORRECTNESS: BY: T 11-h. TH'OMA J. hT4SBRO CITY ATTORNEY 4 ORDINANCE#2006-013 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. fe 1. DATE OF COMMISSION MEETING: MAY 9, 2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—ZONING CODE TEXT AMENDMENT AMENDING CHAPTER 28, PERTAINING TO ZONING; ESTABLISHING RESTRICTIONS PERTAINING TO THE USE OF OUTDOOR TEMPORARY PORTABLE STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS. 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING 4. SUMMARY EXPLANATION &BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): ORDINANCE STAFF MEMORANDUM PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF Submitted by: Laurence G. Leeds, AICP, Director Date April 24, 2006 Community Development Department City Manager Date • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 9, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �. SUBJECT: An ordinance establishing 'restrictions pertaining to the use of outdoor temporary portable storage containers in residential districts (SECOND READING). APPLICANT: City Commission The City Commission has requested an ordinance regulating the use of portable storage containers in residential areas. The ordinance regulates --- the size of the-container the location--and the duration it-may be--allowed-- on the property. The ordinance also prohibits the use of steel cargo containers as pods. Some residents may object.to this exclusion. CITY COMMISSION PREVIOUS ACTION On March 28, 2006 the City Commission approved this text amendment on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On March 15, 2006 the Planning and Zoning Board recommended approval of the requested text amendment. STAFF RECOMMENDATION Approval. Exclusion of steel cargo containers at the discretion of the City Commission. NOTICE OF PUBLIC HEARING BEFORE THE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA • NOTICE IS GIVEN that on May 9, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-013 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; ESTABLISHING RESTRICTIONS PERTAINING TO THE USE OF OUTDOOR TEMPORARY PORTABLE STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading) ORDINANCE NO. 2006-008 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING SECTION 2.10, ENTITLED "DEFINITIONS", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS" AND AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTARY USE REGULATIONS", OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR CERTAIN UPDATED DEFINITIONS OF ZONING CODE TERMS, CLARIFYING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES PROPOSED TO BE CONSTRUCTED ON LOTS AT LEAST 50 FEET IN WIDTH; ADJUSTING SETBACK (YARD) REQUIREMENTS FOR VARIOUS RESIDENTIAL IMPROVEMENTS, AND REPEALING PROVISIONS PERTAINING TO GUEST HOUSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second and Final Reading) Copies of the proposed Ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, ®Dania Beach,Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this 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 be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania.Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate Publication Date: Friday, April 28,2006