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HomeMy WebLinkAboutO-1975-069 ORDINANCE NO . 69 AN ORDINANCE OF THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES , CITY OF DANIA, BY ADDING AN ARTICLE THERETO TO BE NUMBERED ARTICLE III ENTITLED "ARCHITECTURAL COMMISSION, ARCHITECTURAL REVIEW AND PRO 'I CEDURE", CREATING AN ARCHITECTURAL COMMISSION; PROVIDED FOR THE TERMS AND QUALIFICATIONS AND MEMBERS; PRESCRIBING THE JURISDICTION AND DUTIES OF SAID COMMISSION; PRESCRIBING THE JURISDICTION AND DUTIES OF SAID COMMISSION; PRESCRIBING THE PROCEDURES TO BE FOLLOWED BY SAID COMMISSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THE TIME WHEN THIS j! ORDINANCE SHALL BECOME EFFECTIVE, AND PROVIDING A PENALTY FOR A 1 VIOLATION HEREOF. 1 � BE IT ORDAINED BY THE CITY COMMISSION OF DANIA, BROWARD ; I; COUNTY, FLORIDA, as follows : Section 1 : Chapter 7 of the Code of Ordinances, City 4 of Dania, is hereby amended adding Article III to said Chapter, to be entitled "Architectural Commission, Architectural Review and Procedure", with the sections thereof to be numbered as here- 1 inafter set forth: ARTICLE III "Architectural Commission Architectural Review and Procedure. " Sec . 7-17. Architectural Review. The City Commission of Dania finds that there is a tendency of some owners and developers to disregard beauty and quality in construction and a consequence serious danger that construction g tion of inferior quality and appearance if allowed to continue, will degrade and depreciate the image and beauty that the City of Dania is trying to obtain, resulting in adverse consequences for the en- itire City, Realizing the development in past years has not been j in the best interest of the Citizens of Dania and now wanting re- r l form in the best interest of Dania, the City Commission with this a article proposes to upgrade the image, beauty and reputation of Dania in all areas including residential, commercial, and j industrial. Lj IThe City Commission also finds that the poor quality jl of design in the exterior appearance of the buildings erected in any neighborhood or in the development and maintenance of . J F_ I structures, landscaping, signs and general appearance affect the desirability of the immediate area and neighboring areas for residential, business, industrial or other uses and, by so doing, impairing the benefits of occupancy of existing property in such areas, prevent the most appropriate development of such areas, produce undesir- able conditions affecting the health, safety, comfort, and general welfare of the inhabitants of the City and destroy the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this article to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the public convenience and prosperity, to conserve the value of buildings, and to encourage the most appropriate use of land within the City. i I Sec. 7-18 Architectural Commission. ' f There is hereby created an Architectural Commission which shall consist of five membemwho shall serve without compensation. All members of the Commission shall be 1 especially qualified by reason of training or experience in art, architecture, community planning, land development, real estate, landscape architecture, or other relevant business or profession, or by reason of civic interest and sound judgment to judge of the effects of a proposed building upon the desirability, property values and development of surrounding areas. At least one member of such Commission shall be a registered architect in the State of Florida. The members of such Commission shall be appointed by the City Commission, which shall designate a chairman thereof. Of the members of the Commission first appointed, one shall hold office for the term of one year, two for theterm of two years, two for the term of three years from and after their appointment. Their successors shall be appointed for the term of three years from and after the expira- tion of the terms of their predecessors in office. If a vacancy shall occur otherwise than f by expiration of term, it shall be filled by the City Commission for the unexpired term. The City Commission shall have power to remove any member of the Commission for cause. { Sec. 7-19 Rules. i The Architectural Commission shall adopt rules and regulations for the conduct of { its business. Three (3) voting members shall constitue a quorum. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action. Sec. 7-20 Secretary. i The City Commission shall designate a Secretary of the Commission. The records { of all proceedings and the basis for all findings shall be available to the Commission and �! to the public. I Sec. 7-21 Meetings. j j The Architectural Commission shall meet at intervals at least once each month on i regularly scheduled dates. Additional meetings shall be arranged in order to process 5 a applications within the time required by this Code. All meetings shall be held in the I City Hall and open to the public. J Sec. 7-22 Jurisdiction. 1 (a) General . Unless plans, elevations, and proposed signs for buildings or structures, or alterations thereto, have been approved by the Architectural Commission, or by the City Commission on appeal, no permit shall be issued for any building, structure, sign, or other development of property, or appurtenances or alterations thereto. Architectural [ review may also be a requirement of a conditional use permit or a variance. u r (b) Exceptions. When, in the opinion of the Building Official, the approval of an application fora minor or insignificant permit does not defeat the purposes and objects -2- j of this article, he may grant the permit without submitting the matter to the Architect- ural Commission for its approval, notwithstanding any other provisions of this section or this article. The decision of the Building Official shall be subject to appeal made to the City Commission in accordance with the provisions of Section 7-26 of this chapter. Sec. 7-23 Building Relocation. The Architectural Commission shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the j application showing all elevations, the structure proposed to be moved, the proposed j j site, and the buildings adjacent to the proposed site. The Commission shall deter- mine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. It may approve, approve with conditions, or disapprove the issuance of a permit to move such building. I 7-24. Procedure. (a) Preliminary sketches of the design of a proposed structure or alteration may be submitted to the Building Official for informal review so that an applicant may be informed of Architectural Commission policies prior to preparing working drawings. If approved, such sketches shall serve as a guide in further consideration of the some proposed building or structure. The applicant for a building permit, when subject to the requirements of this article, shall submit to the Building Official a site plan, as defined by Section 7-27 of this article, and exterior elevations and such other data as will assist the Architect- ural Commission and the Building Official in evaluating the proposed building or structure. r Final plans and elevations shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared them. The final plot plan shall conform to Section 7-2$'of this article. Work not thus presented may be rejected by the Building Official . j (b) The Building Official shall refer such plans to the Architectural Commission I at its next regular meeting. If such meeting is not scheduled within the period set for Architectural Commission action, a special meeting shall be called. The Architect- ural Commission shall act on the application within thirty (30) days after the filing of full and complete data unless an extension of time is consented to by the applicant. y i Sec. 7-25 Criteria. I C The Architectural Commission may approve, approve with conditions, or dis- approve the issuance of a building permit in any matter subject to its jurisdiction only 4 after consideration of whether the following criteria are complied with: i (a) The plan for the proposed building or structure is in conformity with good taste, good design, and in general contributes to the image of Dania as a place of beauty, spaciousness, balance, taste, fitness, charm, and high quality; I i (b) The plan for the proposed building or structure indicates the manner in which the structures are reasonable protected against external and internal noise, vibrations, j and other factors which may tend to make the environment less desirable; I (c) The proposed building or structure is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value; j j i -3 �f t (d) The proposed building or structure is in harmony with the proposed devel- opments on land in the general area, with the Comprehensive Plan for Dania, and with any precise plans adopted pursuant to the Comprehensive Plan; and • I (e) The proposed building or structure is not excessively similar io any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street within 500 feet of the proposed site in respect to one or more of the following features of exterior design and appearance: (1) apparently identical front or side elevations, (2) substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement, or (3) other significant identical features of design such as but not limited to, material, roof line and height or other design elements. (f) The proposed building or structure is not excessively dissimilar in relation j to any other structures existing or for which a permit has been issued or to any other structures included in the same permit application, facing upon the same or intersecting street and within 500 feet of the proposed site in respect to one or more of the following features: (1) cubical contents, (2) gross floor area, (3) height of building or height of roof, (4) other significant design features such as materials or quality of architectural j jdesign i � (g) The proposed building or structure is appropriate in relation to the established 1 character of other structures in the immediate area or neighboring areas in respect to 1 significant design features such as material or quality or architectural design. (h) The proposed development is in conformity with the standards of this Code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved. If the above criteria are met, the application shall be approved. Conditions may be applied when the proposed building or structure does not comply with the above criteria and shall be such as to bring such building or structure into conformity. If an I application is disapproved, the Architectural Commission shall detail in its findings the criterion or criteria that are not met. The action taken by the Architectural Commission i shall be reduced to writing and signed by the Chairman, and a copy thereof shall be made available to the applicant upon request. i jA decision or order of the Commission or the Building Official shall not become € j effective until the expiration of ten (10) days after the date upon which a ruling of the Commission or the Building Official has been made. j Sec. 7-26 Appeals and Review The applicant or any interested party may file an appeal to the City Commission on any ruling by the Architectural Commission or the Building Official made pursuant to this article. An appeal shall be on forms provided by the City. The appeal shall be filed or made within ten (10) days. Appeals shall set forth the alleged inconsistency or noncon- formity with procedures or criteria set forth in this article or standards set forth in or pur- suant to this Code. The City Commission shall decide an appeal wi thin thirty (30) j days of the filing of such appeal unless an extension of time is consented to by the appli- cant, and such filing shall suspend any building permit issued pursuant to the ruling of (t f � -4- the Architectural Commission or City Commission until the City Commission has decided the appeal . The City Commission may review any decision of the Architectural Commission or the Building Official and their disposition of the matter shall be final . i Sec. 7-27 Site plans, A site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of visual, safety, and economic factors: (a) Dimensions and orientation of the parcel; (b) Location of buildings and structures, both existing and proposed; i (c) Location of off-street parking and loading facilities; f (d) Location and dimensions of present and proposed street and highway dedica- tions required to handle the traffic generated by the proposed uses; I 1 (e) Location of points of entry and exit for motor vehicles and internal circula- tion pattern; 1 I (f) Location of walls and fences and the indication of their height and the materials of their construction; I i (g) Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adiacent properties; (h) Location and size of exterior signs and outdoor advertising; (i) A preliminary landscaping plan; (j) Grading and slopes where they affect the relationship of the buildings; t (k) Indication of the heights of buildings and structures; r (I) Indication of the proposed use of the buildings shown on the site; (m) Such other architectural and engineering data as may be required to permit j necessary findings that the provisions of this Code are being complied with; and (n) Any of the above requirements may be waived by the Building Official if he deems the information not essential . Where an attachment or minor addition to an existing building or structure is proposed, the site plan shall indicate the relationship of such proposal to the existing development. . Sec. 7-28 Encroachments Applications for permission to encroach upon City property or public rights of way, such as refacing a building may be referred to the Architectural Commission. The Commission shall make recommendations to the City Commission in such cases as to whether the alterations proposed would conform to the standards outlined in this article. {i I j Sec. 7-29 Penalties Any person violating the provisions of any section of this Article shall upon j jconviction be fined not more than $500 or be imprisoned for not more than sixty (60) days or shall be both fined and imprisoned.in the discretion of the Municipal Judge. a f � -5- " Section 2 . All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3 . This ordinance shall take effect immediately upon its passage and approval, as provided by law. j PASSED AND ADOPTED on First Reading this 2nd day of June 1975. i I PASSED AND ADOPTED on Second and Final Reading this 7th , 3 day of July 1975. i Mayor-Commissioner I ATTEST: j 'City Clerk-Auditor i I � TEL:dvm ' I l I 1 t t { 4 i i I t M1 } 0 t g r i z } i I I i i -6 17—j - I