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HomeMy WebLinkAboutO-2001-029 ORDINANCE NO. 2001-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9"ADMINISTRATION AND ENFORCEMENT,"SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances of the City of Dania Beach,"Zoning" is amended by amending Section 9.24.1, "Authority to Withhold Permits and Licenses; Zoning in Progress" of Article 9 "Administration and Enforcement"to read as follows: Section 9.24.1. ^r rruORITY TO WITHHnr D REVIEW OF PERMITS AND LICENSES DEVELOPMENT ORDERS WITH REGARD TO.;ZONING IN PROGRESS. When a change of text of the ze ing code, or,.it" to the City's zoning and local development regulations relating 5����^may to residential densities, non-residential intensities, mod-permitted or prohibited land uses or a change of zoning district classification is being considered by the City, the City Commission may declare zoning in progressby the adoption of a I1 resolution. , no building permit or development order- Chat 1 e; 1C�C�ue1 N )the. t ) for- period e time,net to GXGGeA o; `6) months After notice of the public hearing before the city commission on such resolution for- suGh rhaW has been published, no building permit or development order shall be issued by the City without review by the Director of Growth Management to determine whether whe-rp the issuance of such permit or development order would result in the nonconforming or unlawful use of property if such proposed change had been adopted and in effect, pr-ey ded, hnwever' that ;f f;nal antio by the r;tv GOMMiSSiOn iS Rot taken on the pr-epesGd ,,;hAll be- irP,140-d if-it is 0()n,;iqtP-nt I'vith existing Permitted land ig distria r-equir-ements -And- It is P,ther-w se,proper-to issue It Section 2. That,except as amended above,all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida shall remain in full force and effect. Section 3. 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all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict.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 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 • 1 ORDINANCE NO. 2001-029 affect the validity of the remaining portions of this ordinance. Section 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on September 25, 2001. PASSED AND ADOPTED on second reading on October 9, 2001. APPROVED: MAYOR-COMMISSION ATTEST: ROLL CALL: COMMISSIONER BERTINO YES COMMISSIONER MCELYEA YES COMMISSIONER MIKES YES VICE-MAYOR CHUNN YES CHARLENE JOFOON MAYOR FLURY YES CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: v T O S J. ANSBRO CITY ATTORNEY 2 ORDINANCE NO. 2001-029 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Jason Nunemaker, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Amendments to Zoning in Progress ("ZIP") Regulations 2"d and Final Reading of Ordinance - Public Hearing APPLICANT: City Attorney DATE: October 3, 2001 The City Attorney has requested revisions to clarify and refine the Zoning in Progress regulations. Staff has no objections. STAFF RECOMMENDATION iApproval. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH OTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on October 9, 2001 t 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following ordinances: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LAND DEVELOPMENT STANDARDS; AMENDING CHAPTER 28 "ZONING," ARTICLE 29 "PERVIOUS AND IMPERVIOUS AREAS," SECTION 29.10 "IMPERVIOUS LAND AREA REQUIREMENTS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR OBTAINING APPROVAL FOR THE USE OF PERVIOUS PAVING BLOCKS; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. �opies of the proposed petition are available for viewing in the Growth Management Department, 100 West ania Beach Blvd., Dania Beach, Florida 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 proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the 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 Published: Friday, September 28, 2001 _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: OCTOBER 9, 2001 2. DESCRIPTION OF AGENDA ITEM: ORDINANCE- FINAL PUBLIC HEARING ZONING IN PROGRESS (PUBLIC HEARING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE SECOND READING 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance 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 September 12, 2001 regular meeting. City Commission approved this ordinance on First Reading September 25, 2001 Submitted by: Laurence G. Leeds,AICP, Director Date October 1, 2001 Growth Management Department City Manager Date • r £ �NOi CE QF PU�BI:I.0 FIEARIIdG� !;.`Y" SUN - SENTINEL #�'c.�TX,�oF D Nla eEACHY NOTICE MHEffEB G_IVEN that.on Wednesday Jul y;18; PUBLISHED DAILY 2001at7:00PM'or,'assoon`ahereafte�asposslble;Iin FORT LAUDERDALE, BROWARD COUNTY, FLORIDA theD`ania'BeacFiWes GaniaBeac Room Ahid:13 66h trve Center 100 West Dania Beach elvii;DanlaBeacti; Florida 33004;-the Planhingtand Zoning;,4&isory BOCA RATON, PALM BEACH COUNTY, FLORIDA Board of the City of Dania Beach Florida will hold`a MIAMI, MIAMI DADE COUNTY, FLORIDA public es- on the following.Proposed Ordinairc- 'SIGN REGULATIONS-AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- STATE OF FLORIDA DA,PERTAINING TO THE SUBJECT OF SIGNS;AIvI END- ING 28.160 OF THE CODE-OF COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ORDINANCES OF THE C TOY OF DANIA BEACH,FLORIDA BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SIc SLARIFY ERECTEDINT EDOWN OWN DANIA BEA CH �l DEVELOPMENT DISTRICT; FURTHER;AMENDING SEC- ` TION 28.200;.TO CONFINE THE AVAILABILITY'OF THEI WHO, ON OATH, SAYS THAT "SIGN ADJUSTMENT PROCESS TO,THE DOWNTOWN REDEVELOPMENT DISTRICT,TO INCREASE THE APPLI= HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED CATION FEE FOR SUCH ADJUSTMENTS,TO,REVISE NO- DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TICE REQUIREMENTS APPLICABLE TO':SUCH ADJUST- MENTS ANJO SIGN V ,AN IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE STRICTIONS PPLIC BLEITOCES THE USD OFCSIGNI VARI- ATTACHED COPY OF ADVERTISEMENT,BEING A: ANCES;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERANCE;.FURTHER,PROVIDING FOR AN EFFECTIVE DATE SIGN REGULATION DUMPSTER REGULATIONS,!, AMENDMENT ORDI- NANCE- AN ORDINANCE OF.THE CITY OF DANIA BEACH;FL'ORI- IN THE MATTER OF: DA,PERTAINING TO CHAPTER 13 OF THE CITY CODE OF ORDINANCES;WHICH CHAPTER IS ENTITLED"HEALTH AND SANITATION% CREATING SECTION 13-75 ENTI- Sign Regulation TLED "DUMPSTERS"; PROVIDING FOR.-THE REGULA- TION OF'THE LOCATION,-AND CONSTRUCTION OF DUMPSTER ENCLOSURES (ALSO"REFERRED-T.O'AS IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE BULK CONTAINER ENCLOSURES);REPEALING - TION 5.44(e)OF CHAPTER 28 OF THE CODE OFF ORDI ORDI- ISSUES OF: NANCES RELATING TO DUMPSTER,SCREENING REGU- LATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN.EF- 7/6,1 10461102 FECTIVE DATE. i OFF-STREET PARKING REGULATIONS - AMENDMENT ORDINANCE AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,DA PERTAINING TO THE SUBJECT OF OFF-STREET PARKING;AMENDING CHAPTER 28,SECTION 6.21 OF AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, TOTO THE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,OFFSTREETTR PARK NGR OVIDE REQUIREMEN SPAN EXEMTION PROVIDING ® EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE FOR CONFLICTS; PROVIDING FOR SEVERANCE; FUR- THER,PROVIDING FOR AN EFFECTIVE DATE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ;PROXIMITY OF BEVERAGE ESTABLISHMENTS TO FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF CHURCHES AND SCHOOLS - AMENDMENT ORDI- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT NANCE OF DANIA BEACH, HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR DA;O ERTAIN NRDINANCE GOTO THETHEITY SUBJECT OF PROXIMITYOOF CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR TI-',BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS;AMENDING CHAPTER 28,SECTION 4.201 OF PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID THE CODE OF ORDINANCES OF,THE CITY OF DANIA IN APER. BEACH,FLORIDA,TO PROVIDE EXEMPTION FROM THE ONE THOUSAND(1000)FOOT DISTANCE SEPARA- TION REQUIREMENT BETWEEN CERTAIN COMMERCIAL USES WHICH SELL INTOXICATING OR ALCOHOLIC BEV- ERAGES AND ANY CHURCH OR SCHOOL; PROVIDING (SIGNATUOF-AFFIANT) FOR CONFLICTS; PROVIDING FOR SEVERANCE; FUR- THER,PROVIDING FOR AN EFFECTIVE DATE DUPLEX REGULATIONS-AMENDMENT ORDINANCE SWORN TO AND-SUBSCRIBED BEFORE ME AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- ON: 06-July-2001 A.D. DA, PERTAINING TO ZONING;AMENDING SECTION 4- 20,THE SCHEDULE OF ZONING DISTRICT USE REGULA- TIONS IN CHAPTER 28,"ZONING",OF THE CODE OF OR DINANCES TO ALTER THE RD-6000 TWO FAMILY DIS- ��lt TRICT REGULATION TITLE TO REELECT THE NEW CATE GORY AS "RD-8000" (INDICATIVE OF THE MINIMUM LOT AREA TO BE REQUIRED FOR BUILDING REGULA (SIGNATURE OF NOTARY PUBLIC) TIONS FOR TWO FAMILY DWELLINGS COMMONL) Barbara Stricklanl� KNOWN AS "DUPLEXES");AMENDING THE SCHEDULI A CC 94d0?4 -OF LOT, YARD AND BULK REGULATIONS IN CHAPTEf 28 TO INCREASE THE MINIMUM LOT AREA REG- ]o` Ftf7lres July 24,2004 TION FROM 6,000 SQUARE FEET TO 8,000 SQ . � Bonded 1-h FEET,TO INCREASE THE MINIMUM LOT WIDTH R �` Atlantic i3onding Ca.,Inc. CATION FROM 60 FEET TO 80 FEET,TO INCREASE SIDE YARD MINIMUM REQUIREMENT FROM 7 FEET Tt 15 FEET AND THE COMBINATION OF BOTH SUCI FEET TO 31 (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) FEETDS FOR LiVSUCSH REM TWO-FAMILTS Y DWELLING 14DWELL NG' ("DUPLEXES"); AMENDING THE PROVISIONS OF ART, CLE 18 OF CHAPTER 28,WHICH ARTICLE IS ENTITLEI PERSONALLY KNOWN _ OR "TWO-FAMILY DWELLING(DR-2) DISTRICT TO AMEN! SECTION 18-20,ENTITLED"SIZE OF PLOT",TO ALSO INCREASE THE MINIMUM LOT AREA FROM 6,00 PRODUCED IDENTIFICATION SQUARE FEET TO 8,000 SQUARE FEET, TO ALSO It CREASE THE MINIMUM LOT WIDTH FROM 60 FEET T ® 80 FEET AND AMENDING SECTION 18-60, "SIG YARDS"TO INCREASE EACH SUCH YARD FROM A MIN MUM OF SEVEN AND ONE-HALF 171/2)FEET TO A MIN MUM OF FIFTEEN (15) FEET FOR SUCH DWELLING' AMENDING SECTION 5.17 OF THE CODE OF ORD NANCES,WHICH SECTION IS ENTITLED"EXISTING Sit GLE AND TWO-FAMILY DEVELOPMENT", TO REFLE( THE NEW REFERENCE TO THE "RD-8000" DISTRI( REGULATIONS: PROVIDING FOR CONFLICTS; PROVII ,ING A SAVINGS CLAUSE;FURTHER,PROVIDING FOR t ,EFFECTIVE DATE.