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Home My WebLink AboutO-2003-047 Regulation and use of waterways and facilities related thereto l ORDINANCE NO. 2003-047 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, SECTION 33-40 "REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO" OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Code of Ordinances (the "Code") regulates the use and construction of facilities on or adjacent to area waterways; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Zoning Appendix to the City Code of Ordinances, Section 33- 40, "Regulation and Use of Waterways and Facilities Related Thereto" is hereby amended as follows: Sec. 33-40. Regulation and use of waterways and facilities related thereto. [The following provisions shall apply to the use of waterways and facilities related thereto:] (12) Construction of boat slips and docks on waterways; limitations. (a) Boat slips and docks may be constructed by the owner of any waterfront lot where a building exists on such lot, but such construction shall be in conformity with ordinances of the city. Such docks shall not extend into the waterway more than five (5) feet beyond the property line, unless the waterway exceeds fifty (50) feet in width; but in no in which case a dock or slip may extend more than W to ten(10) percent the As width of the waterway, or a maximum of twenty (20) feet, whichever is 1 ORDINANCE NO. 2003- 047 smaller, measured from the property line, nor shall the deck exceed three • (3) feet above mean high tide level, except when the adjacent property is higher than three (3) feet above mean high tide level the deck may be of the same elevation as the average ground level abutting the seawall. Only materials and preservatives approved by the Florida Department of Environmental Regulation (D.E.R.) and the Broward County Environmental Quality Control Board (B.C.E.Q.C.B.) can be used in submersion applications. (b) Mooring or dolphin piles will not be per-mitted to �Etea than thirty (30) ^ r-eei4 of the width of the water-way, or- twei4y Ave (25) feet, shall not extend into the waterway more than five (5) feet beyond the property line, unless the waterway exceeds fifty (50) feet in width; in which case a mooringophin pile may extend up to ten (10) percent the width of the waterway, or a maximum of twenty (20) feet, whichever is smaller, beyond the property line. However, for docks existing in the Dania Cut-off Canal at the effective date of adoption of this ordinance, mooringor r dolphin poles shall be allowed to extend into the canal the same distance as the existing docks. Only materials and preservatives approved by the Florida Department of Environmental Regulation (D.E.R.) and the Broward County Environmental Quality Control Board (B.C.E.Q.C.B.) can be used in submersion applications. ® (c) The city commission may waive the limitations of paragraph (a) and (b) under extraordinary circumstances, provided permits from all governmental agencies, as required, are obtained after approval of the city commission, lie hearing and otifie io to peAy o ers-�v.thin three hundred (300� after notification of property owners within three hundred (300) feet and a public hearing. (d) No home boathouse, permanent covering, or temporary covering for a boat shall be permitted within the setback area required for the zoning district in which such shelter is to be located nor shall any boat house, permanent covering or temporary covering for a boat, or any other structure not ethefwise speeifically permitted, be permitted within or over any public waterway. (e) No watercraft shall be docked or anchored adjacent to residential property in such a position that it extends beyond the side property lines of the property or is of such length that when docked or anchored adjacent to such property it extends beyond such side property lines, unless the adjoining property owners agree to such extension. * * * ® Added text is shown as underlined. Deleted text is shown as strikethfe"^''. Omitted text, which is not being amended by this ordinance, is indicated by "* * *." 2 ORDINANCE NO. 2003- 047 Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. 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 this ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on November 12, 2003. PASSED AND ADOPTED on second reading on December 8, 2003. B XNTC& MAYOR—COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES • COMMISSIONER FLURY - YES CHARLENE J SON COMMISSIONER MIKES —YES CITY CLERK VICE-MAYOR MCELYEA—YES MAYOR ANTON- YES APPROVED AS TQ FORM AND CORRECTNESS: BY: _-� Av � HOIvW•J. AI SBRO CITY ATTORNEY • Added text is shown as underlined. Deleted text is shown as stfiket ou h. Omitted text, which is not being amended by this ordinance, is indicated by 3 ORDINANCE NO. 2003- 047 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • t57 1. DATE OF COMMISSION MEETING: DECEMBER 8,2003 2. DESCRIPTION OF AGENDA ITEM: TEXT AMENDMENT — TO MODIFY DOLPHIN POLE REGULATIONS (CONTINUED FROM 11/25/03) 3. COMMISSION ACTION BEING REQUESTED: CONSENT AGENDA-ADOPT ORDINANCE —2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: TEXT AMENDMENT AMENDING THE ZONING APPENDIX "REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO". 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff report 6. FOR PURCHASING REQUESTS ONLY: DEPT: AMOUNT: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board reviewed this request at their September 17, 2003 regular meeting. See Staff Report for recommendation Submitted by: Laurence G. Leeds, AICP, Director Date November 26, 2003 Community Development Department City Manager Date • CITY OF DANIA BEACH • DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: December 8, 2003 TO: Ivan Pato, City Manager 6 . 6"wf- FROM: Laurence Leeds, AICP, Director SUBJECT: Text Amendment to Modify Dolphin Pole Regulations (SECOND READING). APPLICANT: City Commission The City Commission directed staff to prepare a Zoning Code text amendment regulating the location of mooring/dolphin piles consistent with docks and boatlifts. Currently, mooring/dolphin poles may extend 30% of the canal width. The proposed regulations would allow: 1) Mooring/dolphin poles to extend no more than five feet into a canal that is 50 feet or less in width. • 2) Mooring/dolphin poles to extend 10% of the canal width, but no more than 20 feet, into a canal that is greater than 50 feet in width. 3) Dolphin poles located along the Dania Cutoff Canal would be required to comply with these requirements. MARINE ADVISORY BOARD Approval as submitted (The Marine Advisory Board recommended against creating an exception for dolphin poles along the Dania Cut-Off Canal). PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approve as per the recommendation of the Marine Advisory Board. CITY COMMISSION PREVIOUS ACTION Approval on first reading, subject to adding language that "allows mooring or dolphin poles to extend into the Dania Cut-off Canal the same distance as docks existing in cut-off canal on the effective date of the ordinance." • NOTICB OF PUBLIC NEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a pubQlic hearing will be held before,the City Commission of the City of Dania Beach on Tuesday,November 25,2003 at 7:00 p.m.,or as soon thereafter as possible,in the Dania Beach City Commission•itoom,Administrative Center, 100 West Dania Beach Blvd.,Dania Beach,Florida 33004,for the, purpose of considering adoption on 2nd and final reading of proposed text changes to the Dania Beach Code of Ordinances as follows: AN ORDINANCE OF.THE CITY OF DANIA BEACH,FLORI- DA,AMENDING THE ZONING APPENDIX OF THE CITY CODE.0 ORDINANCES,"SECTION 33.40'REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO,'OF THE CITY CODE OF ORDINANCES; PRO- VIDING FOR CONFLICTS;PROVIDING FOR SEVERABILI- TY;AND.PROVIOING FOR AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- DA,PERTAINING TO LANDSCAPING AND VEGETATION, AMENDING CHAPTER 26, 'VEGETATION'.OF THE CITY CODE OF ORDINANCES BY CLARIFYING AND MODIFY- ING REQUIREMENTS AND PROCEDURES FOR THE IN- STALLATION AND REMOVAL OF TREES AND OTHER VEGETATION IN ORDER TO ENSURE COMPLIANCE WITH THE BROWARD COUNTY CODE OF ORDINANCES:PRO- VIDING FOR.CONFLICTS;PROVIDING FOR SEVERABILI- TY;AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF.DANIA BEACH,FLORI- DA, PERTAINING TO ENFORCEMENT OF CONDITIONS ATTACHED TO SITE PLANS,.VARIANCES AND SPECIAL EXCEPTIONS; AMENDING CHAPTER . 2, I ADMINISTRATION';OF THE CITY CODE OF ORDINANC- .ES BY AMENDING,ARTICLE IV, 'CODE ENFORCEMENT BOARD,'; SECTION 2.72„APPLICABILITY.'.TO CLARIFY APPLICABILITY TO;CONDITIONS OF SITE PLANS,VARI- ANCES AND SPECIAL EXCEPTIONS:DELETING SECTION 13.13.OF.ARTICLE:13,'VIOLATIONS AND PENALTIES' OF CHAPTER 28,'ZONING'BECAUSE IT IS OUTDATED; • PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERA- BILITY; FURTHER; PROVIDING FOR AN EFFECTIVEI DATE. Coples of the.proposed changes are available for viewing In the Department.of Community.Develop- ment,100 West Dania Beach Blvd.,Dania Beach,Flori- da between the hours'of 8:00 a.m. and 4:00 p.m., Monday Friday please call(954)924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the pro- posed petition. In accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should contact Charlene John- son, Clty Clark, 100 W. Dania Beach Blvd, Dania Beach, yl 33004. (954)924.3622, at least 48 hours prior to meeting. 'Any erson who decides to appeal an decision made by t e City Commission with.regardto any matter +considered at this'meeting or hearing will need a record of the proceedings and for such purpose may !need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to based, Lou Ann Cunningham,Planning Associate November 14,2003 •