HomeMy WebLinkAboutO-2007-013 Places of Worship Regulation Amendment ORDINANCE NO. 2007-013
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28,
"ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA';
AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10,
"APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES,
SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE
PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME
AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR
REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL
ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the federal law known as the Religious Land Use and Institutionalized
Persons Act of 2000, 42 U.S.C. § 2000cc et seq. ("RLUIPA") is designed to protect religious
land uses and prohibits government from treating a religious assembly or institution on "less than
equal terms" as compared to a non-religious assembly; and
WHEREAS, RLUIPA prohibits zoning regulations that substantially burden the religious
exercise of churches or other institutional religious assembly land uses unless they are the least
restrictive means of furthering a compelling governmental interest; and
WHEREAS, in light of recent case law interpreting RLUIPA and constitutional
requirements with regard to local land development regulations, the City Commission ("City")
desires to revise the zoning district regulations within the City Code of Ordinances ("City Code")
in order to ensure statutory compliance and equal treatment of religious assemblies; and
WHEREAS, the City desires to encourage the location of public assembly uses on
appropriate parcels within the City where they will be compatible with surrounding uses; and
WHEREAS, the City Code currently lacks standards to address the impacts of home-
based and common-area based accessory assembly uses located in residential zoning districts;
and
WHEREAS, the City recognizes that home-based and common-area based assemblies in
residential zoning districts may create parking and traffic impacts, and that these impacts should
be addressed by appropriate regulation; and
WHEREAS, the City seeks to create additional standards to address parking impacts
arising from common-area based assembly uses occurring in residential communities, due to the
limited supply of parking within such communities; and
WHEREAS, to create standards to address home-based and common area-based
assembly uses in residential zoning districts throughout the City, the City Commission desires to
amend the Code; and
WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency of the
City, held a public hearing on May 16, 2007 and made a recommendation as to adoption of this
Ordinance; and
WHEREAS, the City Commission has held two (2) properly advertised public hearings
pursuant to law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That Chapter 28, "Zoning," Article 2, "Definitions," Section 2.10
"Definitions" is amended to read as follows:
2 ORDINANCE#2007-013
ARTICLE 2. DEFINITIONS
2.10. Definitions.
Common area shall mean a room or designated area within a building or complex
of buildings zoned for multi-family residential use served by shared or public
parking areas, which is reserved for the exclusive use of the residents of the
building or complex and their invited guests, and is an accessory use to the
primarily residential use of such buildings.
• • •
Section 3. That Chapter 28, "Zoning," Article 4, "District regulations," Section 4.20,
"Application of regulations" is amended to read as follows:
ARTICLE 4. DISTRICT REGULATIONS.
4.20. Application of regulations.
TABLE INSET:
SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH
DISTRICT PERMITTED ACCESSORY SPECIAL
PURPOSE USES USES EXCEPTION
USES
1. Private nurseries 1. Essential
and greenhouses. services.
The purpose of 2• Private garages. 2. Pool houses
this district is to 3. Private intended for the use
provide for use I. Single- swimming pools of family and guests
and occupancy family and/or cabanas. only.
Estate of one-fami ly dwellings. 4. Other accessory 3. Public or private
35,000 2. Municipally uses customarily academic schools.
Single- dwelling units owned or incident to 4. Private, social,
Family at very low densities and operated parks permitted or swimming, golf,
related essential and recreation approved special tennis and yacht
services and areas. exception uses, not clubs.
involving the 5. Churohps'facilities.
conduct of synagogues—ali
business. ether lases of
5. Off-street werskip.
3 ORDINANCE#2007-013
parking 6. 5. Supplemental
(noncommercial parking.
vehicles).
1. Private nurseries 1. Essential
and greenhouses.
2. Private garages. services.
3. Private 2. Pool houses
The purpose of swimming pools intended for the use
this district is to and/or cabanas. of family and guests
I. Single- only.
provide for use 4. Other accessory
family 3. Public or private
and occupancy uses customarily
dwellings. academic schools.
R-S 18,000 of one-family incident to
Single- dwelling units 2. Municipally permitted or s Private, social,
owned or swimming, golf,
Family at low densities approved special
and related operated parks exception uses, not tennis and yacht
and recreation clubs.
essential areas. involving the 5 G ,,
services and conduct of a
facilities. business. othersynag houttesses f
5. Off-street �" heU"S e€
parking 66 5 Supplemental
(noncommercial parking.
vehicles).
1. Private nurseries 1. Essential
and greenhouses.
2. Private garages. services.
?' Pool houses
3. Private
intended for the use
The purpose of swimming pools
this district is to and/or cabanas. of family and guests
1. Single- only.
provide for use family 4. Other accessory
3. Public or private
and occupancy uses customarily
dwellings. academic schools.
R-S 12,000 of one-family incident to
2. Municipally 4. Private, social,
Single- dwelling units owned or permitted or
swimming, golf,
Family at low densities approved special a
operated parks tennis and yacht
and related and recreation exception uses, not clubs.
essential involving the r , ,_
services and areas. conduct of 3' '
facilities. business. synagegues —d
5. Off-street ether houses— e
parking 6 Supplemental
(noncommercial parking.
vehicles).
4 ORDINANCE#2007-013
1. Planned unit
development, PUD-
1 (See Article 7 for
standards).
1. Private nurseries 2. Essential
and greenhouses. services.
2. Private garages. 3. Pool houses
3. Private intended for the use
The purpose of swimming pools of family and guests
this district is to and/or cabanas. only.
insure for use 1. Single-family 4. Other accessory 4. Public or private
and occupancy dwellings. uses customarily academic schools.
R-S 8,000 of one-family incidental to 5. Private, social,
Single- dwelling units 2. Municipally owned or permitted or swimming, golf,
Family at low densities approved special tennis and yacht
and related operated parks exception uses, not clubs.
essential and recreation involving the 6. G,..._ehe..
services and areas. conduct of Synagogues��a
facilities. business. ether houses e€
5. Off-street wershig.
parking 7. 6 Supplemental
(noncommercial parking.
vehicles). 8. 7 Nonprofit
cultural centers.
9. 8 Municipally
owned or operated
parking areas.
R-S 6,000 Same as R-S Same as R-S Same as R-S 8,000 Same as R-S 8,000
Single- 81000 8,000
Family
The purpose of 1. Single- 1. Private nurseries 1. Essential
this district is to family and greenhouses. services.
provide for use dwellings. 2. Private garages. 2. Public or private
R-D 8,000 and occupancy 2. Municipally 3. Private academic schools.
of one- and owned or swimming pools, 3. Ghtifelie.
Two- two-family operated parks cabanas or both. synagoguesa-
Q
Family units at low and recreation 4. Other accessory ether houses of
moderate areas. uses customarily worship.
densities and 3. Two-family incidental to 4 3. Supplemental
related essential dwellings. permitted or parking.
5 ORDINANCE#2007-013
services and approved special 5: 4.Storage facility
facilities. exception uses, not for a church or
involving the school when the site
conduct of is within 200 feet of
business. the approved
5. Off-street church or school
parking and further that any
(noncommercial structure built,
vehicles). utilized, or both
under this provision
maintains the
residential
appearance of the
zoning district.
1. Private nurseries 1. Planned unit
1. Single- and greenhouses. development, PUD-
family 2. Private garages. 2, PUD-3.
dwellings. 3. Private 2. Essential
The purpose of 2. Municipally swimming pools services.
this district is to owned or and/or cabanas. 3. Public or private
provide for use operated parks 4. Other accessory academic schools.
R-M and occupancy and recreation uses customarily 4. Private, social,
Multifamily of multifamily areas. incident to swimming, golf,
Residential dwellings at 3. Two-family permitted or tennis and yacht
moderate dwellings. approved special clubs.
densities and 4. exception uses, not 5. Ghtfrehe
related essential Townhouses. involving the synagogues
services and 5. Multifamily conduct of ether heuses 9
facilities. dwellings. business. warship.
6. Cluster-- 5. Off-street 6. 5. Supplemental
Single-family. parking parking.
(noncommercial -7 6. Nonprofit
vehicles). cultural centers.
The purpose of 1. Single- 1. Private nurseries 1. Planned Unit
this district is to family and greenhouses. Development PUD
provide for use dwellings. 2. Private garages. 2 & 3.
R-MO)R-MO)mily and occupancy 2. Municipally 3. Private 2. Essential
MultifaResidential of multifamily owned or swimming pools services.
dwellings at operated parks and/or cabanas. 3. Public or private
moderate and recreation 4. Other accessory academic schools.
densities and areas. uses customarily 4. Private, social,
related essential 3. Two-family incident to swimming, golf and
6 ORDINANCE#2007-013
services and dwellings. permitted or tennis clubs.
facilities. 4. approved special 5. Churehe
Townhouses. exception uses, not synagegaes-
5. Multifamily involving the ether lases of
dwellings. conduct of worship.
6. Cluster-- business. 6. 5. Supplemental
Single-family. 5. Off-street parking.
parking -7-. 6. Nonprofit
(noncommercial cultural centers.
vehicles). & 7. Municipally
owned or operated
parking areas.
1. Planned Unit
Development PUD
1. Private nurseries 2 & 3.
1. Single- and greenhouses. 2 Essential
family 2. Private garages. services.
dwellings. 3. Private 3. Public or private
The purpose of 2. Municipally swimming pools academic schools.
this district is to owned or and/or cabanas.
4. Private, social,
provide for use operated parks 4. Other accessory swimming, golf and
tennis clubs.
and occupancy and recreation uses customaril
of multifamily areas. incident to a
Multifamily dwellings at 3. Two-family permitted or �gues '
Residential steer heuses or
moderate dwellings. approved special
densities and 4. exception uses, not �'
6
related essential Townhouses. involving the . 5. Supplemental
services and 5. Multifamily conduct of parking.
facilities. dwellings. business. 7. 6. Nonprofit
6. Cluster-- 5. Off-street cultural centers.
Single-family. parking 8: 7. Municipally
(noncommercial owned or operated
vehicles). parking areas.
8. Adult
residential care
facilities.
R-M(3)
Multifamily Same as R- Same as R-
Residential M(2) M(2) Same as R-M(2) Same as R-M(2)
RO (See sections 19.10 through 19.50 for RO regulations.)
7 ORDINANCE 42007-013
Section 4. That Chapter 28, "Zoning," Article 33, "Home and common-area based
assembly uses," Section 3 0.10 "Home and common-area based assembly uses", is created to read
as follows:
ARTICLE 33. HOME AND COMMON-AREA BASED ASSEMBLY USES.
30.10. Home and common-area based assembly uses.
(a) The standards set forth in this section shall apply to any proposed or existing assembly use
within the following residential zoning districts: Estate 35,000 Single-Family, R-S 18,000
Single-Family, R-S 12,000 Single-Family, R-S 8,000 Single-Family, R-S 6,000 Single-Family,
R-D 8,000 Two-Family, R-M Multifamily Residential, R-M(1) Multifamily Residential, R-M(2)
Multifamily Residential, R-M(3) Multifamily Residential and Residential Office (RO).
(b) Home-based and common-area based assemblies are permitted, whether for social, religious,
or other reasons, as an incidental accessory use to the principal residential use.
(c) Frequency of home-based and common-area based assembly uses. Assemblies that occur
more than four (4) times per month for two (2) consecutive months will be deemed to be beyond
the scope of the accessory use and shall not be permitted.
(d)Parking standard.
(1) Home-based assembly uses. A home-based assembly use which results in an
additional eleven (11) vehicles being parked near the dwelling unit at each
assembly will be deemed to be beyond the scope of the accessory use and shall
not be permitted. Vehicles parked legally on the site of the home-based assembly
shall not be counted toward the eleven (11) vehicles.
(2) Common-area based assembly use. A common area-based assembly use
which results in an additional six (6) vehicles being parked near the common-area
based assembly use will be deemed to be beyond the scope of the accessory use
and shall not be permitted. Additionally, the parking demand created by such
assemblies shall not exceed the supply of parking spaces provided within the
shared guest or visitor parking areas allocated to common-area functions.
Section 5. 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.
8 ORDINANCE#2007-013
Section 6. 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 7. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on June 12, 2007.
PASSED AND ADOPTED on second reading on June 26, 2007.
`.
VIVANT
MAYOR-COMMISSIONER
A7J EST-:
LO ISE STILSON, CNIC
CITY CLERK
APPROVED AS TO FO AID CORRECTNESS:
BY: /
THO AS, . AN15AROI
CITY ATTORNEY
9 ORDINANCE#2007-013