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Home My WebLink AboutO-2006-008 Supplementary lot regulations • ORDINANCE 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 CHAPTER 28 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. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 2.10 entitled "Definitions" of Chapter 28, "Zoning" of the City Code of Ordinances is amended to read as follows: a o 0 (2) Acre. For the purpose of calculating dwelling units, an area or parcel of land containing 40,000 43,560 square feet. a (3.01) Allowable density. Allowable density shall be defined as the result of the number of dwelling units on a particular parcel of land divided by the gross area of the parcel of land expressed in acres. For purposes of this section, the gross area of the parcel of land shall ire be measured to the center line of public rights-of-way, easements, or thoroughfares that have been fequifed to be dedieated b any gover-nmental ageney dufing platting as required by the LTIII Broward County Land Use Plan. a • Section 2. That Article 5, "Supplementary Lot Regulations, Section 5.11, "Existing Building Lots" of Chapter 28, "Zoning" of the City Code of Ordinances is amended to read as follows: 5.11 Existing Building Lots. A single family str-uetufe may be eonstr-ueted on an), existing non eenfe�ing lot at !he time of adoption of this chaptef in any R Distr-iet if said !at is less than the minimufn area requifed fef building lots in the R Distfiet in whieh it is leeated pr-evided, however-, that the !at ee I-- ..I all other- pr-evisions ef the Sehedule of Let, Yard and Bulk Requirements ef this chaptef afid pfevided fuf4hef that the owner of said let does not ewn an), adjaeent vaeant land whieh would (a) All lot, yard and bulk regulations for both principal and accessory uses shall be calculated within the confines of the lot. (b) Every plot upon which a single-family residential structure is erected shall not be less than sixty (60) feet in width six thousand (6,000) square feet in area and provide for seven and one- half-foot side yards except that a plot consisting of a single lot of record not less than fifty (50) feet in width may be utilized for a single-family dwelling provided the lot complies with all other . RS-6000 zoning requirements; provided further, however, that a single family home may be erected on a parcel not consisting of a lot of record if the parcel is not less than 50 feet in width, complies with all other RS-6000 zoning requirements, and the adjacent properties on each side of the parcel are developed. (c) Notwithstanding anything to the contrary in the Schedule of Lot, Yard and Bulk Regulations in an RD-8000 zoning district, every plot upon which a single-family residential structure is erected shall not be less than sixty (60) feet in width, six thousand (6,000) square feet in area and provide for seven and one-half-foot side yards; except that a plot consisting of a single lot of record not less than fifty (50) feet in width may be utilized for a single-family dwelling provided the lot complies with all other RS-6000 zoning requirements; provided further, however, that a single family home may be erected on a parcel not consisting of a lot of record if the parcel is not less than 50 feet in width, complies with all other RS-6000 zoning requirements and the adjacent properties on each side of the parcel are developed. Section 3. That Section 5.15, "Lot Width, Lot Area and Side Yards" of Article 5, "Supplementary Lot Regulations", of Chapter 28, "Zoning" of the City Code of Ordinances is repealed in its entirety. • 2 ORDINANCE#2006-008 Section 4. That Article 5, "Supplementary Lot Regulations, Section 5.17, "Existing Single- and Two-Family Development" is amended to read as follows: 5.17. Existing Single- And Two-Family Development. (c) Side setbacks for single-family additions. Minor additions to a single-family residential structure with existing five-foot setbacks may be allowed to utilize a five-foot side setback with a maximum twenty foot thirty-five (35) foot extension along saidthe five-(5) foot side setback line. Setbacks currently in compliance with side setback regulations have to be adhered to. This section applies to ground floor additions to single-family residences only. Section 5. That Article 5, "Supplementary Lot Regulations, Section 5.31, "RS-18000, RS-12000, RS-8000, RS-6000, and RD-8000 Districts" of Chapter 28, "Zoning" of the City Code • of Ordinances is amended to read as follows: 5.31. RS-18000, RS-12000, RS-8000, RS-6000,R-W AND RD-8000 DISTRICTS. (a) Chimneys, cornices, eaves, bay windows, canvas awnings, and balconies may extend twenty f.,,.Q44 thirty-six (36) inches from the main building into the yard area. Chimneys and bay windows shall not exceed ten (10) feet in horizontal dimension measured parallel to the building wall and the total lineal dimension for such projection shall not exceed twenty-five (25) percent of the total dimension along the building wall from which such chimney_, and/Of bay- window or both may project. (c) Air conditioning units, heating units, pool pumps, and related equipment shall not be located in a front yard or,-equi.oa side.,.,,.a within seven (7) feet of a side yard lot line. Such devices, and related equipment may be located in a rear yard provided a minimum five-foot setback is provided to any property line. (1) Property owners are allowed to replace and change existing air conditioning, heating, and pool equipment at the same location. • 3 ORDINANCE#2006-008 (2) Property owners are allowed to replace and change roof units, provided the units are painted and maintained compatible with the building. (3) New rooftop units can only be located in the rear of the home and must meet all setbacks. (4) Patios shall not be located in a front yard or within five (5) feet of any side or rear lot line. (5) Driveways shall not be located within five (5) feet of a side lot line, except that driveways located within a required front or rear yard shall provide a minimum two (2) foot setback to a side lot line. (6) Screen enclosures shall be located not less than five (5) feet from side and rear lot lines and maintain a minimum fifteen-foot street side yard setback. Section 6. That Article 5, "Supplementary Lot Regulations", Section 5.32, "RM, R- M(1), R-M(2) and R-M(3) Districts" of Chapter 28, "Zoning" of the City Code of Ordinances is amended to read as follows: • 5.32. RM, R-M(1), R-M(2) AND R-M(3) DISTRICTS. (a) Cornices, chimneys, balconies and fire escapes may extend forty-eight (48) inches from the main building into any yard areas. Section 7. That Article 6, "Supplementary Use Regulations, Section 6.14, "Guest Houses" is repealed in its entirety. Section 8. 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 9. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 10. That this Ordinance shall be effective immediately at adoption on second reading. 4 ORDINANCE 42006-008 PASSED on first reading on March 28, 2006. PASSED and ADOPTED on second reading May 9, 2006. PATRICIA FLURY MAYOR—COMMISSIONER A�TJ/T/�E S T: I LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: \ �^ THOMAS J.'ANSBRO • CITY ATTORNEY 5 ORDINANCE#2006-008 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. }v 1. DATE OF COMMISSION MEETING: MAY 9, 2006 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS—ZONING CODE TEXT AMENDMENT TEXT AMENDMENT RELATING TO MINIMUM LOT SIZE, HOME ADDITIONS, PATIOS, SCREEN ENCLOSURE AND DRIVEWAY SETBACK REQUIREMENTS 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 May 2, 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: Text Amendments relating to minimum lot size and home additions, patios, screen enclosure, and driveway setback requirements (SECOND READING), APPLICANT: Community Development Department The attached amendments are intended to clarify and simplify selected single family zoning regulations for areas located east of I-95. The City Attorney says that the county residential areas (west of I-95) cannot be amended until they are formally rezoned to city zoning designations. Minimum Lot Size (Single Family): The current zoning code contains • conflicting requirements regarding undersized lots. On one hand, the code states that a 50 foot lot can be built upon, but only if the lot as held in separate ownership from adjoining properties. The city attorney indicates the 'separate ownership' language constitutes an unlawful restraint upon the alienation of property and should not be included in the code. Another provision allows single family homes to be built on any size lot provided the lot was recorded prior to adoption of the zoning code (Pre- Zoning platted lots are as little as 20' - 25' wide in some neighborhoods). To resolve this conflict, the proposed amendment would establish the following minimum lot sizes in any residential zoning district. a) Single family homes are permitted on 50' lots of record regardless of ownership. b) Single family homes are permitted on unplatted lots or combinations of lots measuring 50' if the adjacent lots are developed such that additional property is not available to meet the minimum lot width. • Additions to Existing Single Family Homes built with five foot side yard setbacks. The current code limits additions to 25 feet in length. The amendment would allow first floor additions only up to 35 feet in length. Clarifications and Adjustments: The amendment also clarifies patio, driveway, balcony, and screen enclosure setbacks, measurement of density, and acre size. PLANNING AND ZONING (BOARD RECOMMENDATION Approval. 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 •