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HomeMy WebLinkAboutO-2001-031 ORDINANCE NO. 2001-031 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,PERTAINING TO ZONING;AMENDING SECTION 4-20,THE SCHEDULE OF ZONING DISTRICT USE REGULATIONS IN CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES TO DELETE THE "TWO-FAMILY DWELLING (DR-2) DISTRICT," "COMMUNITY BUSINESS (DB-2) DISTRICT," "GENERAL BUSINESS (DB-3) DISTRICT," "COMMERCIAL (DC-1) DISTRICT," "LIGHT INDUSTRIAL(DM-1)DISTRICT,""MEDIUM INDUSTRIAL(DM-2)DISTRICT," "GENERAL INDUSTRIAL (DM-3) DISTRICT," AND "LIMITED HEAVY INDUSTRIAL (DM-4) DISTRICT" ZONING DISTRICTS AS OBSOLETE; AMENDING THE SCHEDULE OF LOT, YARD AND BULK REGULATIONS IN CHAPTER 28 TO DELETE STANDARDS FOR THESE DISTRICTS; DELETING ARTICLE 18 OF CHAPTER 28"TWO-FAMILY DWELLING(DR-2)DISTRICT;" DELETING ARTICLE 19 OF CHAPTER 28 "COMMUNITY BUSINESS (DB-2) DISTRICT;" DELETING ARTICLE 20 OF CHAPTER 28 "GENERAL BUSINESS (DB-3)DISTRICT;"DELETING ARTICLE 21 OF CHAPTER 28"COMMERCIAL (DC-1) DISTRICT;" DELETING ARTICLE 22 OF CHAPTER 28 "LIGHT INDUSTRIAL (DM-1) DISTRICT;" DELETING ARTICLE 23 OF CHAPTER 28 "MEDIUM INDUSTRIAL (DM-2) DISTRICT;" DELETING ARTICLE 24 OF CHAPTER 28 "GENERAL INDUSTRIAL (DM-3) DISTRICT;" DELETING ARTICLE 25 OF CHAPTER 28 "LIMITED HEAVY INDUSTRIAL (DM-4) DISTRICT;" 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 4-20, "Application of regulations"to read as follows: 4.20 Application of regulations. Except as hereinafter provided: (See Schedules of Regulations). SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USE USES EXCEPTION • USES 1 ORDINANCE NO. 2001-031 ® DR-2 QPP Ar4inlp 1 Q for PR_'Zregulations D-R-� CPP Arfi..1P 19 for DB 2 regulations DR-3 QPP Artiolo 20 for DB 3 regulations nc_-I CPP 4rtl..1P 71 for DG 1 regulations DN4-1 coo Arfi,.le -2 fer-PM 1 regulations non-� See, nrti,.lo 23 f; r DN4_2 regulations DM-3 coo Arfi,.lP 24 fer PN4-3 r gul.,ti ns DN4-4 Qoo Arfi..le 75 for-DN.4 4 regulations SCHEDULE OF LOT, YARD AND BULK REGULATIONS CITY OF DANIA BEACH, FLORIDA LOT YARD BULK SIDE MINIMUM MAXIMUM MINIMUM MAXIMUM STREET Density Height District Area Width Depth (DU's/Gross) Front Both/One Rear (Stories/ Coverage (Ft.) (Sq.Ft.) (Ft.) (Ft.) Acre) (Ft.) (Ft) (Ft.) Ft.) (Percent) 1 I for-lilt yard and n bulk reg l�gep s l rT�ZI��^G /� J 11 11 bulk �QPP Artllole 19 for let [lard- —and I ulk reg lafiens 1 1�1D��^ ry /� J 1 bulk PB 3 �\PP A rtllolP I ll for lilt yar-Y and Nlll if rPguL 4lono 1 TJL-J' �y r�/� 7 l 1 1 CPP Art• le 0 for-let y r!1 -]nA Illilk reg latinno ) * ,,,((( 1 7 1 1 bulk DIV-1 CPP n rtll�lP 21 fer let yar- and Y ulk r-eg laden[ 1 n lZ��r rT� rl^ 7 l 1 1 DIV-/ CPP A rtll-lP / / fer let Marl- Anti 4111 V r-0941a4 O C� 1 �rG� �l J l 1 bulk DIV-{ CPP Ar kle 3 for let yard —and ulk regulations.) eg lotions1 D� J PA4-4 (See Artlrle 24 f let,yardsail b lk regulations Section 2. That Chapter 28 is further amended by deleting Article 18, entitled "TWO- FAMILY DWELLING(DR-2) DISTRICT," by deleting Article 19, entitled "COMMUNITY BUSINESS (DB-2) DISTRICT," by deleting Article 20, entitled "GENERAL BUSINESS (DB-3) DISTRICT," by deleting Article 21, entitled"COMMERCIAL (DC-1) DISTRICT," 2 ORDINANCE NO. 2001-031 by deleting Article 22, entitled "LIGHT INDUSTRIAL (DM-1) DISTRICT," by deleting Article 23, entitled "MEDIUM INDUSTRIAL (DM-2) DISTRICT," by deleting Article 24, entitled "GENERAL INDUSTRIAL (DM-3) DISTRICT," and by deleting Article 25,entitled"LIMITED HEAVY INDUSTRIAL(DM-4)DISTRICT." Section 3. 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 4. 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 5. 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 6. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on October 9, 2001. PASSED AND ADOPTED on second reading on October 23, 2001. APPROVED: MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO-YES COMMISSIONER MIKES-YES COMMISSIONER McELYEA-YES HARLENE JO SON VICE-MAYOR CHUNN-YES CITY CLERK MAYOR FLURY-YES APPROVED AST FORM AND CORRECTNESS: THOM S A SBRO CITY ATTORNEY 3 ORDINANCE NO. 2001-031 CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department RE: Deletion of "D" Districts from the City Zoning Code Second and Final Reading of Ordinance APPLICANT: Growth Management Department DATE: October 17, 2001 In the 1990's, the text of the City zoning code was amended to create several new zoning districts, each beginning with the prefix "D". The "D" district language was loosely based on existing County zoning designations in effect west of Ravenswood Road. For example, the "DR-2" (Duplex) district was loosely based on Broward County "R-2" (Duplex) language. The "DB-2" (Community Business) was loosely ® based on Broward County "B-2" (Community Business) and so on. While the "D" districts are listed in the Zoning Code, they have never been applied to any piece of land in the City. In other words, no piece of land has ever been zoned DR-2, DB-2, etc. The "D" districts exist only in the text of the City zoning code. It is highly unlikely that any property will ever be zoned to one of the "D" district designations. Any rezoning of land currently having a County code designation will be to another County code designation, an existing Dania Beach code designation, or to a new zoning district entirely, much like the city-wide IROM rezoning last year. The presence of the "D" districts in the zoning code text, because they are similar to their county counterpart, is a source of much confusion to property owners and prospective developers. As such, staff has requested that these "D districts be removed entirely from the zoning code. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval as submitted to delete the "D" districts from the City Zoning Code. AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: OCTOBER 23, 2001 2. DESCRIPTION OF AGENDA ITEM: ORDINANCE ZONING TEXT- FINAL HEARING ABOLITION OF THE "D" DISTRICTS FROM THE ZONING CODE (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. Submitted by: Laurence G. Leeds,AICP, Director Date October 17, 2001 Growth Management Department City Manager Date y_ NOTICE OF PUBLIC HEARING 1i OF DANIA BEAWHI SUN - SENTINEL �1� ,t. I r � ,fF, �r� ?�: NOTICE IS=HEREB GIVEN that on'Wednesday Jul I8; PUBLISHED DAILY 2001 at7 00'PM-or'as soon'ther6afteraspgssib�e;�In the Dania'beach'City Commission Room;,'Administr4, FORT LAUDERDALE, BROWARD COUNTY, FLORIDA tive Center,100 West Dania Beach Blvd;-Dania'Be I K Floridathe Planning and Zoning Advisory Bo the City BOCA RATON, PALM BEACH COUNTY, FLORIDA Board of the City of Dania Beach Florida,will hold a public hearings on the following proposed Ordlnahc- MIAMI, MIAMI DADE COUNTY, FLORIDA I SIGN REGULATIONS-AMENDMENT ORDINANCE AN ORDINANCE OF THE CITY OF DANIA BEACH,F,LORI- STATE OF FLORIDA ,DA,PERTAINING TO THE SUBJECT OF SIGNS;AMEND- ING CHAPTER 28, SECTION 28.160 OF THE CODE OF COUNTY OF BROWARD/PALM BEACH/MIAMI DADE ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDAI TO CLARIFY REGULATIONS APPLICABLE TO WALL BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SIGNS ERECTED IN THE DOWNTOWN DANIA BEACH RE- DEVELOPMENT DISTRICT;FURTHER,AMENDING SEC- TION 28.200;.TO CONFINE THE AVAILABILITY OF THE' I �A( ,( U, WHO, ON OATH, SAYS THAT "SIGN ADJUSTMENT" PROCESS TO THE DOWNTOWN DISTRICT,TO INCREASE THE APPLI- HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED CATION FOEE FOR SUCH ADJUSTMENTS,TO REVISE NO- DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TICS REQUIREMENTS APPLICABLE TO SUCH ADJUST- MENTS AND TO SIGN VARIANCES,AND TO CLARIFY.RE- IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE STRICTIONS APPLICABLE.TO THE USE OF SIGN VARI- ANCES;PROVIDING FOR CONFLICTS;PROVIDING FOR ATTACHED COPY OF ADVERTISEMENT, BEING A: SEVERANCE;FURTHER,PROVIDING FOR AN EFFECTIVE DATE: SIGN REGULATION DUMPSTER -REGULATIONS AMENDMENT ORDI- NANCE AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- 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- TLED FOR THE EGULA- Sign Regulation TION OF ITHETLOCATIONVANDPROGCONSTRUCTION OF DUMPSTER ENCLOSURES (ALSO REFERRED,TO AS IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE TION 5..444(e)I OFRCHA TOERU28 OFT HE CODE OF ORDI- 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 OFF-STREET PARKING;AMENDING CHAPTER 28, SECEC TION 6.21 OF AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,FLORIDA,TO PROVIDE AN EXEMPTION TO THE ® PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,OFF-STREET PARKING REQUIREMENTS; 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 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR DA, PERTAINING TO THE SUBJECT OF PROXIMITY OF CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR TF',BEVE ESTABLISHMENTS TO CHURCHES AND SCHOOOLS;LS;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 BEACH, FLORIDA,TO PROVIDE AN EXEMPTION FROM N APER. 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 FOR CONFLICTS; PROVIDING FOR SEVERANCE; FUR- (SIGNATUOF-AFFIANT) 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 DA, PERTAINING TO ZONING; AMENDING SECTION 4 ON: 06-July-2001 , A.D. 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 / - TRICTGORY REGULATION TITLE TO REELECT THE NEW CATS GORY AS "RD-8000" (INDICATIVE OF THE MINIMUN LOT AREA TO BE REQUIRED FOR BUILDING REGULA (SIGNATURE OF NOTARY PUBLIC) TIONS FOR TWO FAMILY DWELLINGS COMMONLI ````��Y��qp' BaTbar3 �tF1 C�{�(LR(-I KNOWN AS"DUPLEXES");AMENDING THE SCHEDULI ��A OF LOT,YARD AND BULK REGULATIONS IN CHAPTEI ?xQ %�omtnisSiUn)?CC 9440?4 28 TO INCREASE THE MINIMUM LOT AREA REG",' }C(1lres July 24.?0O4 TION FROM 6,000 SQUARE FEET TO 8,000 SQ Bonded l hru FEET,TO INCREASE THE MINIMUM LOT WIDTH R� "CATION FROM 60 FEET TO 80 FEET,TO INCREASE T� �'�q` � Ytlentic Bonding Co.,Inc. �� n SIDE YARD MINIMUM REQUIREMENT FROM 7 FEET T( 15 FEET AND THE COMBINATION OF BOTH SUCI YARDS'TOTAL t?EASUREMENTS FROM 14 FEET TO 3, (NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) FEET FOR SUCH TWO-FAMILY DWELLING ('DUPLEXES"); AMENDING THE PROVISIONS OF ART CLE 18 OF CHAPTER 28,WHICH ARTICLE IS ENTITLE 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 6,0G PRODUCED IDENTIFICATION SQUARE FEET TO 8,000 SQUARE FEET, TO ALSO II CREASE THE MINIMUM LOT WIDTH FROM 60 FEET 1 80 FEET AND AMENDING SECTION 18-60, "SIC YARDS"TO INCREASE EACH SUCH YARD FROM A MIN MUM OF SEVEN AND ONE-HALF(71/2)FEET TO A MIN MUM OF FIFTEEN (15) FEET FOR SUCH DWELLING AMENDING SECTION 5.17 OF THE CODE OF ORE NANCES,WHICH SECTION IS ENTITLED"EXISTING SII GLE AND TWO-FAMILY DEVELOPMENT", TO REFLE( THE NEW REFERENCE TO THE "RD-8000" DISTRI( REGULATIONS; PROVIDING FOR CONFLICTS; PROVI, ,ING A SAVINGS CLAUSE,FURTHER,PROVIDING FOR/ 'EFFECTIVE DATE.