HomeMy WebLinkAboutO-2002-018 ORDINANCE NO. 2002-018
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE
REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" AND
SECTION 6.22 "OFF-STREET LOADING" TO REVISE THE
PARKING AND LOADING STANDARDS APPLICABLE TO USES
WITHIN THE CITY OF DANIA BEACH; AMENDING CHAPTER 26
"VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-43
"EXISTING NONCONFORMING VEHICULAR USE AREAS" TO
AMEND THE CRITERIA FOR TRIGGERING CONFORMANCE
WITH CURRENT CODE; AMENDING CHAPTER 26
"VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-50
"LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING
BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY
FROM RESIDENTIAL PROPERTY" TO REVISE THE
STANDARDS FOR WALLS OR FENCES AND FOR TREE
PLANTING IN BUFFERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 28 "Zoning," Sections 6.21 and 6.22 of the Code of
Ordinances of the City of Dania Beach (the "City") provide for off-street parking
and loading standards for all uses within the City; and
WHEREAS, Chapter 26 "Vegetation," Article IV "Landscaping," Sections
26-43 and 26-50, of the Code provide standards for bringing nonconforming
parking areas into compliance with current landscaping requirements and for the
provision of walls, fences, trees and other buffering materials in areas separating
non-residential properties from residential properties; 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 has determined that it is appropriate to
revise these standards based on the recommendation of its professional staff,
and
WHEREAS, the Commission finds that this Ordinance is consistent with
the City's adopted .Comprehensive Plan and. 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 Chapter 28 "Zoning" of the Code of Ordinances of the City of
Dania Beach, Florida ("Chapter 28"), Article VI. "Supplementary Use
Regulations," Section 6.21 "Off-Street Parking," is amended to read as follows:
CHAPTER 28. ZONING
ARTICLE VI. SUPPLEMENTARY USE REGULATIONS.
6.21. OFF-STREET PARKING.
(a) Size and access. An off-street parking space shall consist of a
parking space having minimum dimensions of nine (9) feet in width by
eighteen (18) feet in length for the parking of each standard automobile
and eight
h R16)feet in width by sixtop ( feet On length fe the parkingof
eaGh pa , exclusiiv�e� o�f"�access drives or aisles thereto.
file mere than twenty five (25) nernent of all perking spaGec ran he of Said
Minimum widths of access drives and minimum
widths of aisles designed and intended for the maneuvering of an
automobile into a parking space, the parking angles, stall widths, stall
depths, aisle widths, curb length, and half and full bays, shall be in
conformance with the illustrative chart whirh is ottonhed herete and merle
a part hereof as "Exhibit A." in Figure 1 below. The dimensions shown on
the illustrative Ghort Figure 1 are for one-way direction movement. Two-
way direction movements (aisles and access drives) require a minimum
• width of twenty-four (24) feet regardless of parking angles and dimensions
shown on the illustrative short Figure 1
(b) Automatic parking. Nothing in this section is intended to prohibit
the installation of a fully automatic parking facility in which the placement
and removal of automobiles are accomplished wholly by machinery.
(c) Number of parking spaces required. There shall be provided:
(1) at the time of the erection of any building or structure; or
(2) at the time any building or structure is enlarged or increased
in capacity by adding dwelling units, guest rooms, floor area or
seats; or
(3) at the time any use or occupancy of an existing building or
structure is changed to a use or occupancy which increases the
requirements for off-street parking;
minimum off-street parking facilities with adequate provisions for ingress
and egress, in accordance with paragraphs (a) and (b) of this section and
the schedule of off-street parking requirements, as prescribed in this
chapter.
2 ORDINANCE NO. 2002-018
(d) Existing uses in Redevelopment District. For existing buildings and
uses located within the Downtown Dania Beach Redevelopment District,
additional parking spaces shall not be required when a use or occupancy
of an existing building or structure is changed to a
restaurant and the change I Arhir-h would otherwise increase the
requirements for off-street parking.; provided, hewaveF, the fnronninn
The previous sentence shall not apply when a-building e�r
ise is rhannerl to said restaurant is operated in conjunction with a theatre,
playhouse, house of worship, lodge hall, private club, indoor amusement
ar-sade facility, er a meeting hall, or institutional dining facility with
M It fix
(e) Parking for outdoor seating. Additional parking shall not be
required for any use for which outdoor or open-air seating has been
specifically approved by the city commission.
(f) Sunset provision. The parking exceptions created by paragraphs
(d) and (e) above shall sunset on August 14, 2004, unless extended by
ordinance of the city commission.
(g) Nonconforming parking. A use, building or structure, lawfully in
existence at the effective date of this chapter, which shall be made
nonconforming at the passage of this chapter, or any applicable
amendment thereto, may be continued even though off-street parking may
not be provided in full compliance with this chapter; but the degree of
nonconformity due to a deficiency in providing the required off-street
parking spaces may not be increased, either by reducing the number of
parking spaces which are provided at the time of the passage of this
chapter, or by changing the use or occupancy of an existing building to a
use or occupancy which increases the requirement for off-street parking.
Any structure or use which is altered in a manner which requires the
provision of additional off-street parking spaces shall provide such spaces
prior to occupancy of the altered portion of the use. This includes
providing off-street parking to address any existing parking deficiency.
(i) Principle of Equivalency for. Evaluating Off-Street Parking in
Existing Uses. Definttien of Drinninlo of EquivalenGy av Applied to tho
r�
Ghedule of (Off-StFeet Parking RequiFernents. The nrinGinle of
equivalency—as it relates to the Sc;hedule of Off StreetParking
RegUi 6FneRtS may be defined as an autnmvphRle parking snare to building
floor area ruin method of ectablishinn an inventery of automobile narking
spaGeS for an existing Genforminn or nonconforming use of an evil
v rr vrrrc.rr-r-rr �Z+.... .... .,... existing
g
buildi�Stn Gti ire or use, for the purpose of determining the net off street
paFkinn v^
requiren m ent for the estehlisheRtt- fr-ea��-.�os�eiw use to be
permitted On said building, stn Ural ire or use.
in evaluatingstreet narking in existing uses, thervIple of
equiyalenry may he applied when the Use existing
"' ��"" �-``"" `"� 3 ORDINANCE NO. 2002-018
off-street parkingrequirement f9F Iianno
with this nhapter.
The following equivalencies may be used as a minimum guide in the
application of the Schedule of Off-Street Parking Requirements:
Use Floor area equivalencies
1 permanent seat 6 square feet of floor area in seating
areas of occupancies requiring seating.
1 moveable seat 15 square feet of floor area in seating
areas of occupancies requiring seating.
The remainder of areas external to
actual seating areas shall provide
required parking according to the
schedule of applicable parking
requirements.
1 school student 20 square feet of floor area
1m G1666- # equals at least 1500 square feet r area
minima m ner &Gtor or dentist
SCHEDULE OF OFF-STREET PARKING REQUIREMENTS
CITY OF DANIA BEACH, FLORIDA
Use Spaces required
1. Single-family and two family Two (2) 2.0 spaces per each
cgs dwelling unit; 2.2 spaces per
dwelling if access is from a private
access way.
2. Duplex, Triplex 3.0 spaces per each dwelling unit.
2.3. Mobile homes T�� 2.0 spaces per each
dwelling unit.
3-4. Multifamily dwellings: Two and twenty ene_hi Rdredthc
(2.20) spaces per each dwelling
u�
Efficiency 1.5 spaces per each dwelling unit.
One bedroom 1.7 spaces per each dwelling unit.
Two or more bedrooms 2.2 spaces per each dwelling unit.
4:53ownhouse, row house Tfo—and—twenty -ene-h�,a, redth-s
dwellings (2.2) spaces per dwelling unit.
5. 6. Boardinghouse One-anal five tenths (1.5) spaces
per each room or dwelling unit plus
2 spaces per permanent residence.
4 ORDINANCE NO. 2002-018
6. 7. Hotels, motels, motor inns One and-or one tenth (1.1) 1_5 spaces
per each dwelling wn4 room or suite
for the first 25 rooms or suites; 1.1
spaces per room or suite for each
room or suite above 25 rooms.
Other uses operated in conjunction
with the hotel, motel, or motor inn
(restaurants open to the public,
meeting rooms) shall provide
parking as if such uses were
operated separately from the hotel,
motel, or motor inn.
7.8. Theatres and other places of One space per each four (4) seats.
assembly having fixed seats
6.9. Places of public assembly not One parking space per each
having fixed seats, including seventy-five (75) square feet of
assembly halls, meeting halls, and assembly, convention, or meeting
convention centers (except as room floor area.
provided for in subsection 10 7)
9.10. Private clubs, lodges, or One parking space per each
fraternal organizations (except for seventy-five (75) square feet of
restaurants, lounges, and bars floor area occupied by guests,
which shall be provided as per customers, or members.
subsection 45 21)
40.11. Churches or other places of One parking space per each--'i-xty
worship, mortuaries or funeral (W seventy-five (75) square feet of
homes auditorium or chapel area. Other
uses operated in conjunction with
the church shall provide parking as
if such uses were operated
separately from the church.
Mortuaries and funeral homes shall
also provide four spaces for
employees.
44.12. Bowling alley Six (6) spaces per each alley. Other
uses operated in conjunction with
the bowling alley shall provide
parking as if such uses were
operated separately from the
bowling alley.
42-.13. Medical, or dental,_ One space per each two one
chiropractic, psychiatric, psycho- hundred fi_y (299150) square feet
logical, and counseling offices; of gross floor area.
charitable, philanthropic, and civic
institutions or offices, employment
offices, and fortune tellers
5 ORDINANCE NO. 2002-018
43.14. Banks, financial institutions, One space per each two one
credit unions, pawn shops, check hundred fifty (2G9150) square feet
cashing stores, and convenience of gross floor area plus six in-bound
food stores t GffiGes, vehicle stacking spaces and one
i se erns lihrorioe m outbound vehicle stacking space for
each bank drive through window.
15. Government offices, museums, One space per each two hundred
libraries (200) square feet of gross floor
area.
44.16. General business, One space per each two hundred
commercial, personal service fifty (250) square feet of gross floor
establishments; business and area.
professional offices
17. Shopping Center Same as for general business
(subsection 16), plus additional
parking spaces, as required herein,
for the following types of uses:
medical offices, banks, financial
institutions, restaurants, and
houses of worship.
18. Department store, thrift shop One parking space for each two
hundred (200) square feet of gross
floor area.
19. Furniture, large appliance, or 1 space for each four hundred
decorator showroom (400) square feet of gross floor
area.
4-5.20. Restaurants, (including carr)t- One space per each forty (40)
out restaurants), nightclubs, bars, square feet of customer service
and other eating places, area including waiting area.
amusement center or arcade Restaurants, nightclubs, and bars
providing live entertainment shall
provide one parking space per each
30 square feet of customer service
area.
21. Fast food or drive through One space per each thirty (30)
restaurants square feet of customer service
area, plus one space for each two
outdoor seats, plus six in-bound
vehicle stacking spaces and one
outbound vehicle stacking space for
the drive through window.
6 ORDINANCE NO. 2002-018
46.22. Schools, Day Care:
Day Care, Pre-K One space per each 150 square
feet of gross floor area or five
parking spaces, whichever is
greater.
Grades 1 through 6 One space per each fourteen (14)
students.
Grades 7 through 9 One space per each nine (9)
students.
Grades 10 through 12 One space per each three (3)
students.
Plus for each day care center or Three in-bound vehicle stacking
school spaces and three outbound vehicle
stacking spaces for pick up and
drop off.
47.23. Business schools, colleges, One space per each sixty (60)
art and music schools, vocational square feet of classroom instruction
schools area.
4-9.24. Industrial, manufacturing and One space per each five hundred
research uses (500) square feet of gross floor
area.
4-9.25. Storage warehouse One space per each eight hundred
(800) square feet of gross floor
area provided that the proposed
—p,v-v,a —r ar�,,r�r�—,.,p Iro proposed
cc�
ffaGilit will be used selely fer
warehouse OF ctnrage and shall not
be used—for industrial resew 6h
GffiGe, or GGrnrneFGDal use.
2-0.26. Auto sales, rental, or leasing, One space per each three hand
auto repair shops, sen,i^e star,^ (3W two hundred (200) square
paint and body shop facilities, motor feet of gross floor area plus one
vehicle showrooms, self service car sn^^e fGr each two (2) gac^';ne
wash, accessory use automated car s plus one space per each
wash 2,000 square feet of outdoor
vehicle display or storage area;
plus three in-bound vehicle stacking
spaces and one outbound vehicle
stacking space for each self-service
or accessory use car wash bay.
27. Principal use automated car One parking space per employee
wash but no less than five spaces, plus
one space per each 400 square
feet of hand-washing, detailing, or
vehicle cleaning area, plus 12 in-
bound vehicle stacking spaces and
six outbound vehicle stacking
spaces.
7 ORDINANCE NO. 2002-018
27. Auto Service Stations One space per each two hundred
(200) square feet of gross floor
area devoted to automotive use,
plus additional spaces, as required
herein, for additional uses such as
convenience food store.
24.28. Yacht club, boat marina, Seven-tenths (0.7) spaces per each
charter boat, sightseeing boat slip plus one space per each two
excursion boat or gambling boat (2) persons allowed within
maximum occupancy of charter,
sightseeing, excursion boat or
gambling boat. Other uses
operated in conjunction with the
primary use shall provide parking
as if such uses were operated
separately.
29. Dry stack boat marina Five-tenths (0.5) spaces per boat
storage space.
22.30 Tennis courts, racquetball, Two spaces per court.
and handball courts, or other sport
courts (except for any athletic courts
which are accessory to multi-family
development and memberships
consist only of residents of the
multiple-family development)
31. Miniature golf, batting cage Two spaces per hole plus two
spaces for each target position plus
two spaces for employees.
32. Outdoor Commercial Recreation One space for each four persons
Facility allowed on each ride or exhibit
(including waiting area) plus 15
spaces for each net acre of land
designated for outdoor recreation
plus one space for each four seats
in viewing or spectator area.
23.32. Adult residential care Adult residen�_roore faGili+ion
facilities, Community Residential requite-5 parking cn. aGes per
Facility dwellinn �init A rl�nicllinn iniiF fnr Oho
n �rnpc.,pnvv�9 hl%;�equir e lam
sernpesed of one sleeping roem
regardless of the Rumber ^vf
,eoms and bathrooms. One-half
parking space for each sleeping
room or one-half parking space for
each two residents allowed under
the maximum occupancy, which-
ever is greater.
8 ORDINANCE NO. 2002-018
Private Garages may not be used to satisfy the parking requirements for
• any single family, duplex, triplex, townhouse, rowhouse, or boardinghouse
use.
(i) Parking based on a specific use. In all projects wherein the required
parking is predicated on a specific use, the developer shall submit with the
site plan a written statement setting forth the use intended and explaining
how it will be limited and restricted, together with a statement as to the
proposed occupancy load and number of vehicles utilizing parking
facilities based upon said occupancy load. In the event any structure
obtains a certificate of occupancy based upon foregoing formula for
specific use of said structure, and subsequently modifies said use so that
it is no longer limited and restricted, then and in that event prior to the
issuance of a certificate of occupancy for the changed use, there shall
provided off-street parking shall comply with the Schedule of Off-Street
Parking Requirements in the number and Nme,mt as ethenniise nrnvirlert in
this errlinanre for strUGtures net having said limited onrl restrictedd use.
determination of parking requiremeRtS for eGified uses: The-v cy
i . n may authorize, forbuildings- , in exGeGS of fiw9-hundred
thousand (200,000)^sn,square
feet, parking rpalurer�}erS fY$,�r,-�$Pe6�-uu�
C1w'7hvi�Ghhrcaa are n-reet'-r}}entioned-OR debtien 6.21 n�f thT'`7`" z -erdi anGe nera e
similar to ,ices mentioned OR SeGtioR6?1 of ZGRiRg ordinranGe-.
Authorization of perking requirements for said peGifiG uses shall be
s„hiert to the feI1Gw1nn'
a. Detailed explaRatien of proposed epeFation and how said
operation related to proposed parking requirement
b. Site plaR, floor plan, tabular aRalysis, or square feetage by
use, rn-- imr_i urnberof employees, visiters and
GUStGFneFS, and hours of epera#�.
/7�etermination by the pity rnmmi ,,GG+ol1 that sffinient parking
(3) Determination by the Gity GGMrnissien that parking
alternative huPding uses should the proposed nneratinn
9 ORDINANCE NO. 2002-018
(di) Location of parking spaces. Parking spaces for all uses or
• structures which are provided as required parking in conformance with the
schedule of off-street parking and other applicable provisions shall be
located on the same lot, and have the come district nlassifiration as the
principal use or structure they are intended to serve except as hereafter
specifically excepted.
(1) The city commission may permit as a special exception the
establishment of such required off-street parking facilities for
commercial uses within five hundred (500) feet of the premises, as
measured along the nearest pedestrian walkway they are intended
to serve when:
a. practical difficulties prevent the placing of the facilities on the
same lot as the premises they are designed to serve;
hb. the preposed Innatinn is I�atted within the corn@—�8"'rrirrg
dictrint as the nrinrinal use it is designated to sense;
s b. the owner of the said parking area shall enter into a written
agreement with the city, with enforcement running to the city
providing that the land comprising the parking area shall
never be disposed of except in conjunction with the sale of
. the building with which the parking area serves so long as
the facilities are required; and
cl. c. the owner agrees to bear the expense of recording the
agreement and agrees that the agreement shall bind his
heirs, successors and assigns. The written agreement shall
be voided by the city if other off-street facilities are provided
in accordance with this chapter.
(2) The city commission may permit as a special exception the
establishment of supplemental off-street facilities which are in
addition to those facilities required in accordance with the schedule
of off-street parking for a permitted or approved special exception
use.
This additional parking may be supplemental parking located on the
same lot or supplemental off-site parking located on a directly
adjoining lot or a lot which would be directly adjoining except for the
location of a street or public way. provided, however, that A_all other
provisions for special exceptions as set forth in section 10.12 a-re
must be complied with. and further, that Tthe granting of such
supplemental on-site or supplemental off-site parking is may not be
construed as permission to expand, enlarge, alter, renovate, or
• modify the use of structure except in accordance with the
requirements of this chapter.
10 ORDINANCE NO. 2002-018
(3) The city commission may permit as o menial evnentinn the
• establishment of required off-street parking facilities for commercial
uses in residential zoning districts as a variance differing from the
rlictrint of the nrinninol uses of ctn into irec they are intended to Genie
if the following criteria are met (in lieu of Section 10.13(a) — (f)
criteria
a. The owner of said the parking area shall enter into a written
agreement with the city, with enforcement running to the city
providing that the land comprising the parking area shall
never be disposed of except in conjunction with the sale of
the building with which the parking area serves so long as
the facilities are required; and
b. The owner of said the parking area shall agree to bear the
expense of recording the agreement and agrees that the
agreement shall bind his heirs, successors and assigns.
The written agreement shall be voided by the city if other off-
street facilities are provided in accordance with this chapter.
ash said parking area shallhave been used as o parking
area ffGr the entir each of the fide (5) relen�ndar yams
immediately nreneding the applinotion for menial evnentk)n
dc. The said parking area shall abut the property on whirGh
situated the Gipal Sta, �nture for which it is to furnish the
required off-street parking.
ed. The other provisions for spesial ex-cepfielIS variances as set
forth in section 10.123 are complied with.
TThti said parking area shall he Innoted of ground level and
shall not he Ionoted within any str into ire
(ek) Collective provision. Two (2) or more owners or operators of
buildings or uses of the same type of zoning classification requiring off-
street parking facilities may make collective provision for such facilities;
provided t The total of such parking spaces when combined or used
together shall not be less than the sum of the requirements computed
separately. and providedthat tThe combined facility is must be compatible
with the zoning uses being served.
(fl) Utilization of yards. Providing the ground level at the lowest point
of the public sidewalk abutting the property, or the public street if there is
no public sidewalk, is maintained, required off-street parking facilities may
be located in sub-basement under required yards. Roofs of such sub-
basements shall be sodded, landscaped, and maintained, and there shall
be no visible evidence of such underground use from a public street or
11 ORDINANCE NO. 2002-018
sidewalk. No such underground facility shall be constructed closer than
five (5) feet to any property line.
(m) Parking in setback areas.
(1) Residential districts and uses. In RS-18000, RS-12000, RS-
8000, RS-6000, RD-6000, RD-8000, R-M, R-M(1), R-M(2) and R-
M(3) Districts, parking for single-f ^Ty residential dwellings use
may be permitted in any set-back area or yard and shall be counted
as meeting off-street parking requirements, subject to compliance
with the landscaping requirements in Chapter 26 (Vegetation) of the
City Code. r
Gor v-mingle-fam—Tardy dwelling use, supplemental off-street
paFkingg may be permitted on the saarne let provided that for more
than three supplemental aGes wh�Gh-are net IGGa3ted 4eyithin a
stn�rravrar Wrre, effe6 ' ye SGreen by hedges and/or Wa4lls not less thaTyan_fon
(4) feet height, shall he planeedhbettween� the off parking and
\-�-r �T'aTr-a`-'�ruv crPurr 9v-r'a
any street and/nr interior lot line Parking spaces which require
vehicles to back-out onto a public street shall be prohibited in all
residential zoning districts, except for "RS" or single family zoning
districts.
(2) Non-residential districts and uses. In all districts for all other
permitted or approved special exception uses, parking may be
® permitted in any set-back area or yard and shall be counted as
meeting off-street parking requirements, subject to compliance with
the landscaping requirements in Chapter 26 (Vegetation) of the City
Code. Fequired front street side, or street rear yards may not be
used fn-reF e f-street other yards may he used fnvr of IG
purpose. If a side eTear yard or nnnreq iired frnoni Tt_street-side-or
street rear yard is use for parking ni irpnses it shall he effey+tive"
s nr screened with hedges or Nall a nn m a n hintinn thereof plaed at
the appropriate building Iine between the off-street parking and an y
street. SUGh SGreenirr ngshacmll not he less than six (foot high and
shall laterally extend anrnss the entire Moyle ina lino oeohinh separates
the parking area from the street eXGe t. fnor_the AGGeSS w h
vnvre-11111g -hall aaalsoobe required along all interior lot lines and shall
not he less an four (4) feet in height and shall not enr�reanh upon
not var-�-r�Tccc-rm�a..�ri ..� ................ upon
mtie- rear easement line. The height nrof said requiredS6reening shra;T
be-measured-as Get forth in seGtien 5.36 ofthis Chapter. Each
parking spare shall have an adequate_an�hs�ti wheel stop
Ionated at least foist (4) feet from an y abutting side or rear property
Iine in additento-the -Gieening-requirements above the interior of
the parking area must hasuitable—lapd nli iding the
nrrnyisinn of shade trees, Svrh landSGaped area to be no ids thari
fi�y��_e_PeFGent (5 ) of the parking area. The total area devoted to
IIaandSGaping --emp'rising Beth the SG eeningg agnddF t�h«�terier
zj
• IandSGap{ng must feast-ten peFGennt (10%) of the pate.
12 ORDINANCE NO. 2002-018
Parking spaces which require vehicles to back-out onto a public
street shall be prohibited in all non-residential zoning districts.
(g-n) Approval of plan. The plan for ingress and egress to and from the
off-street parking and landscaping shall be subject to the approval of the
buildiRg 0 Growth Management Director of the city. No curbs or
sidewalks shall be cut or altered in any manner without a permit from the
building ial the approval of the Utilities/Public Works Director of the
city.
(h-o) Utilization of structures. The city commission may permit required
or supplemental off-street parking to be provided in parking structures as a
variance, subject to the following conditions (in lieu of the Section
10.13(a)-(f) criteria): When-off street parking forilitimes arou�ner--ated ,ec�_oo ithin_a
(1) The structure shall conform to all lot, yard, and bulk
requirements of the district in which it is located.
(2) The parking facilities shall be designed so as to conform to
all other ordinances of the city and all other provisions of this
chapter.
(3) All nonstructural portions of the exterior elevations, except
for vehicular ingress and egress areas, shall, in addition to
any required safety provisions, be screened by a sight block
of at least fifty percent (50%) solidity for the total areas
between deck levels, such sight blockage to be determined
by elevation. A solid wall for fifty percent (50%) of the
distance between deck levels will not be acceptable.
(4) When parking facilities are located on the roof of a structure,
a four (4) foot sight block shall be provided in accordance
with paragraph three (3) above. The definition for height of
building in section 2.10 shall apply except that the "top story"
shall be determined as the story immediately below the roof
deck of the parking structure.
(5) The exterior elevations of the parking structure shall be
designed to resemble the building elevations of the building
it is intended to serve.
(6) The size, scale, color, and building elevations of the parking
structure shall be compatible with adjoining existing
development
(7) The other provisions for variances as set forth in section
10.13 are complied with.
13 ORDINANCE NO. 2002-018
r Section 2. That Chapter 28 "Zoning" of the Code of Ordinances of the City of
Dania Beach, Florida ("Chapter 28"), Article VI. "Supplementary Use
Regulations," Section 6.22 "Off-Street Loading," is amended to read as follows:
CHAPTER 28. ZONING
ARTICLE VI. SUPPLEMENTARY USE REGULATIONS.
6.22. OFF-STREET LOADING. In any district, in connection with every
building, or building group or part thereof thereafter erected and having a
gross floor area of four thousand (4,000) square feet or more, which is to
be occupied by a commercial, retail, or industrial use or other uses
similarly requiring the receipt or distribution by vehicles of material or
merchandise, there shall be provided and maintained, on the same lot with
such building, off-street loading or unloading berths in a number not less
than the following:
Square footage No. of berths
4,000 -- 25,000 sq. ft. 1 Berth
25,001 -- 40,000 sq. ft. 2 Berths
40,001 -- 60,000 sq. ft. 3 Berths
For each additional 25,000 sq. ft. 1 Berth
The loading berth(s) required in each instance shall be not less than
twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14)
feet in height, and may occupy all or any part of any required yard except
for a required front yard.
Primed; however, t Tthe loading berth(s) shall be screened from the
street or public way unless the screening requirement is specifically
waived by the City Commission. In no event shall loading areas be
provided such that vehicles are required to back out onto a public street
right-of-way.
Section 3. That Chapter 26 "Vegetation," Article IV "Landscaping," Section 26-
43 "Existing Nonconforming Vehicular Use Areas," is amended to read as
follows:
CHAPTER 26. VEGETATION
ARTICLE IV. LANDSCAPING
Sec. 26-43. Existing nonconforming vehicular use areas.
Existing vehicular use areas which do not comply with this article shall be
brought into conformity with these regulations upon the occurrence of any
one of the following conditions:
• (1) When the total square footage of the vehicular use area is
increased or decreased by ten (10) percent.
14 ORDINANCE NO. 2002-018
(2) When there is a structural addition which increases the total gross
floor area of any existing building on the property more than five
hundred (500) square feet.
(3) When no occupational license has been active for a period of one
(1) year or more.
When there is aAny change of use involving
I.A.f.t.h. t-.h.P- South Florida Building Code (GUrrent additiorl)
a change in parking requirements, the requirements of this article
shall be met before an occupational license may be issued for the
new use. This subsection (4) shall not apply
when a use or occupancy of an existing building or structure in the
Downtown Dania Development District is changed to a restaurant,
and said restaurant is not operated in conjunction with a theatre,
playhouse, house of worship, lodge hall, private club, indoor
amusement facility, meeting hall, or institutional dining facility.
Section 4. That Chapter 26 "Vegetation," Article IV "Landscaping," Section 26-
50 "Landscape requirements for areas separating business, commercial and
industrial property from residential property," is amended to read as follows:
CHAPTER 26. VEGETATION
ARTICLE IV. LANDSCAPING
Sec. 26-50. Landscape requirements for areas separating business,
commercial and industrial property from residential property.
(a) Property zoned or used for business, commercial or industrial
purposes shall include at least ten (10) feet of landscape area when
separated by a street, alley, canal or other public open space from every
residential use of zoned area. Such area shall provide a landscape buffer
which meets the landscape requirements of section 26-47 and section 26-
49.
(b) When any busyness,�^c^mm�rmrT�rr�v',�or industrial zornrecd �a�ca
property zoned or used for business, commercial or industrial purposes,
directly abuts on a residentially zoned or used property, without separators
between them such as a street, alley, canal or other public open space,
then the business, commercial or industrial zoned or u property shall
be provided with a landscaped area at least ten (10) feet in depth adjacent
to the residential zoned or u property. Such landscape area shall meet
the following requirements:
15 ORDINANCE NO. 2002-018
(1) Provide a six-foot masonry wall or solid wooden fence five (5) feet
off of the residential zoned or used property. However, as long as
it will provide equivalent protection to the residential property, the
City Commission may allow one or more of the following_
a. An alternative wall or fence material.
b. An increase in wall or fence height up to eight (8) feet.
C. The location of the wall or fence immediately adjacent to the
residential property, with a double row of trees, each row
forty (40) foot off-center, placed in the area between the wall
or fence and the commercial, business or industrial property..
(2) Trees shall be installed one (1) per every forty (40) linear feet of
residentially zoned or used property between the wall and said
property. In addition, shrubs shall be installed one (1) per every
three (3) feet of residentially zoned or used property between the
wall and the residential zoned or ucorJ property and between wall
and the business, GGrnMernial or industrial property.
(3) The area between the wall or fence and the commercial, business
or industrial property shall be landscaped by providing a tree every
eight 0) fort 40 feet staggered from the ones on the other side
of the wall.
Section 5. That, except as amended above, all other provisions of Chapter 28
and Chapter 26 of the Code of Ordinances of the City of Dania Beach, Florida, as
amended, shall remain in full force and effect.
Section 6. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict with the provisions of this ordinance are repealed.
Section 7. 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 8. That the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Dania Beach, Florida, that the
sections of the Ordinance may be renumbered or relettered to accomplish such
intentions, and that the word "Ordinance" shall be changed to "Section," "Article"
or other appropriate word.
Section 9. That this ordinance shall take effect immediately at the time of its
passage and adoption.
16 ORDINANCE NO. 2002-018
PASSED on first reading on April 9, 2002.
• PASSED AND ADOPTED on second reading on April 23, 2002.
JROB
O ED:T H. CHUNN, JR.
MAYO -COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
ka�,LQ COMMISSIONER MCELYEA - YES
ARLENE JOH SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO O M AND CORRECTNESS:
A .
BY:
THOMA,/J. ANS040
CITY ATTORNEY
Parking Ordinance Amendments 4-17-02 2Id Reading.doc
17 ORDINANCE NO. 2002-018
AGENDA REQUEST FORM
CITY OF DANIA BEACH
Imp
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 04/23/02
2. DESCRIPTION OF AGENDA ITEM : PUBLIC HEARING - PARKING AND LANDSCAPING
ORDINANCE
2ND PUBLIC HEARING -ORDINANCE -AMENDMENTS TO PARKING, SCREEN WALL,AND
LANDSCAPING REQUIREMENTS
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
ORDINANCE
HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval of this request at their March
20,2002 regular meeting.
Submitted by:
Laurence G. Leeds,AICP, Director Date March 26,2002
Growth Management Department
City Manager Date
•
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Growth Management Department
DATE: April 23, 2002
RE: PARKING CODE AMENDMENTS (SECOND READING)
APPLICANT: Growth Management Department
Substantive revisions since first reading include:
1. New parking requirements for car rental facilities: One space per
each 200 square feet of gross floor area plus one space for each 2,000
square feet of outdoor vehicle display or storage area.
2. New parking and "vehicle stacking" requirements for self-service and
automated car washes.
3. Increased parking requirements for day car care centers parking
( P 9
space for each 150 square feet of gross floor area).
The Building Code currently requires 4% of off-street parking and 0.75% of metered on-
street parking be handicap accessible (see attachment).
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Approval.
11-4.1.2 Accessible Site and Exterior Facilities: New
Construction.
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ities, accessible elements, and accessible spaces that
are on the same site.
(3)All objects that protrude from surfaces or posts into
circulation paths shall comply with 11-4.4. (c) If passenger loading zones are provided,then at
least one passenger loading zone shall comply with
(4) Ground surfaces afo - .. I I.. - . � _- 1,
.11-4.6.6.
ng accessible routes and in
accessible spaces shall comply with 11-4.5.
(5)Parking Spaces (d) At facilities providing medical care and other
services for persons with mobility impairments,
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ment or services for persons with mobility
impairments; 20 percent of the total number of
parking spaces provided serving each such unit
or facility.
A
FLORIDA BUILDING CODE- BUILDING
11.15
CITY OF DANIA BEACH
NOTICE OF PUBLIC HEARING
NOTICE OF ZONING CODE CHANGE
City Commission of the City of Dania Beach proposes to adopt the following ordinances:
Date: Tuesday, April 23, 2002
Time: 7:00 p.m., or as soon thereafter as possible
Place: City Commission Room
Dania Beach Administrative Center
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA BEACH, FLORIDA, BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS,"
SECTION 6.21 "OFF-STREET PARKING" AND SECTION 6.22 "OFF-STREET LOADING" TO REVISE THE
PARKING AND LOADING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH;
AMENDING CHAPTER 26 "VEGETATION," ARTICLE IV "LANDSCAPING," SECTION 26-43 "EXISTING
NONCONFORMING VEHICULAR USE AREAS" TO AMEND THE CRITERIA FOR TRIGGERING
CONFORMANCE WITH CURRENT CODE; AMENDING CHAPTER 26 "VEGETATION," ARTICLE IV
"LANDSCAPING," SECTION 26-50 "LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING
BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY" TO REVISE
THE STANDARDS FOR WALLS OR FENCES AND FOR TREE PLANTING IN BUFFERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Second & Final Public Hearing)
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TRANSMITTING AN AMENDMENT TO THE
FUTURE LAND USE ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN TO THE
�PARTMENT OF COMMUNITY AFFAIRS, PURSUANT TO THE PROVISIONS OF CHAPTER 163, PART
FLORIDA STATUTES, TO INCLUDE ON THE FUTURE LAND USE MAP SERIES PORTIONS OF
UNINCORPORATED BROWARD COUNTY LANDS ANNEXED INTO THE CITY IN ACCORDANCE WITH
SECTIONS 1, 3, AND 4 OF CHAPTER 2000-474, LAWS OF FLORIDA (2000), GENERALLY LOCATED
NORTH OF STIRLING ROAD, WEST OF RAVENSWOOD ROAD, SOUTH OF STATE ROAD 84, AND EAST
OF STATE ROAD 441; CHANGING THE FUTURE LAND USE PLAN DESIGNATIONS ON SAID ANNEXED
LANDS FROM THE COUNTY DESIGNATIONS TO THE MOST SIMILAR CITY DESIGNATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (First Public Hearing)
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA BEACH, FLORIDA, BY AMENDING ARTICLE IV, "DISTRICT REGULATIONS," SECTION 4.20
"APPLICATION OF REGULATIONS," TO REVISE THE "SCHEDULE OF USE REGULATIONS" FOR THE C-
2, C-3 AND C-4 DISTRICTS AND PROVIDE FOR SPECIFIED DISTANCE REQUIREMENTS BETWEEN
CERTAIN USES. IN THOSE DISTRICTS; BY AMENDING ARTICLE IV, "DISTRICT REGULATIONS,"
SECTION 4.202 "MECHANICAL AMUSEMENT DEVICES," "SCHEDULE OF LOT, YARD AND BULK
REGULATIONS" TO DELETE THE DENSITY RESTRICTION FOR HOTELS IN THE C-2 DISTRICT; BY
AMENDING ARTICLE VI, "SUPPLEMENTARY USE REGULATIONS," SECTION 6.63 "GASOLINE SERVICE
STATIONS," TO REVISE THE SPACING REQUIREMENTS FOR THIS USE; BY AMENDING ARTICLE
XXVII, "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 27.40 "SPECIAL
EXCEPTION USES," TO REVISE THE LIST OF SPECIAL EXCEPTION USES AND PROVIDE FOR
SPECIFIED DISTANCE REQUIREMENTS BETWEEN CERTAIN SUCH USES; AND AMENDING ARTICLE
XXVI, "RAVENSWOOD-GRIFFIN ROAD ANNEXED AREAS ZONING REGULATION," SECTION 26.10
"REGULATIONS ADOPTED" TO REVISE THE LIST OF SPECIAL EXCEPTION USES AND PROHIBITED
USES IN THE B-2, B-213, AND B-3 DISTRICTS AND PROVIDE FOR SPECIFIED DISTANCE
QQUIREMENTS BETWEEN CERTAIN SPECIAL EXCEPTION USES IN THESE DISTRICTS; PROVIDING
.�R CONFLICTS;. PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(First Public Hearing)
(Insert Dania City Map here)
se ordinances affect properties throughout the city. For information about or to inspect the proposed amendments,
ontact the City's Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645
between the hours of 8:00 a.m. and 4:00 p.m., Monday- Friday. Interested parties may appear at the public hearing and
be heard with respect to the proposed amendments
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-
3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Dania Beach City Commission with regard to 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 proceedings is made,which record includes the testimony and evidence upon which the appeal is
to based.
Lou Ann Cunningham
Planning Technician
Publish: Monday,April 15,2002
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