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Home My WebLink AboutO-1970-560 F f F7 i I ORDINANCE NO. 3 AN ORDINANCE GOVERNING THE CONSTRUC- TION AND OPERATION OF ENCLOSED MOTION PICTURE THEATRES WITHIN THE LIMITS OF CITY OF DANIA, FLORIDA; AND PROVIDING THAT ALL MOTION PICTURE THEATRES HERE- j INAFTER CONSTRUCTED OR ALL MOTION PICTURE THEATRES HEREINAFTER OPERATED SHALL BE CONSTRUCTED OR LOCATED IN FREE- STANDING BUILDINGS; AND PROVIDING FOR OFF-STREET PARKING; AND PROVIDING FOR J A MINIMUM NUMBER OF ISLES WITHIN A f MOTION PICTURE THEATRE; AND PROVIDING FOR THE GRANTING OF EXCEPTIONS AND { VARIANCES; AND PROVIDING THAT ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AS OF ITS PASSAGE AND ADOPTION ON THIRD AND FINAL READING. a i d f WHEREAS, for the purposes of this ordinance, the City Commission deems it advisable to state in more detail than usual the historical background of the operation of motion picture E theatres in Dania, Broward County, Florida; and WHEREAS, for the purposes of this ordinance, the City Commission deems it further advisable to state in more detail than usual some of the problems which have confronted the City in recent weeks regarding applications for the operation of motion picture theatres in City of Dania, Florida; and WHEREAS stated generally, the present Code of Ordi- nances of City of Dania, Florida, was adopted on February 7, 1955; and E WHEREAS, shortly prior to the adoption of said Code of Ordinances of City of Dania, Florida in 1955, the last regular type of enclosed motion picture theatre then operating within the x 4 - ry 3y� pqP 4 s I. J :u r f� Yr City discontinued its operations ; and WHEREAS, during the period from about 1955 to about Y 1969, no applicants sought a license to operate any type of enclosed motion picture theatre within the limits of the City; i and - i i WHEREAS, beginning in about 1969, and more often k during recent months, the City Commission of the City of Dania, t Florida, has received various applications for licenses which would permit the operation of motion picture theatres within I the limits of the City; and gq j WHEREAS, the City presently has no detailed ordinances pertaining to buildings, building construction, fire hazards , f � parking and related building and zoning matters, insofar as j same pertain to the construction, operation and maintenance of f - 1 motion picture theatres ; and I WHEREAS, the City Commission has considered certain building and zoning problems which are presented as a result of the operation of enclosed motion picture theatres ; and WHEREAS, one problem which exists is the possible fire } hazard due to the flammable nature of motion picture film; and WHEREAS, another problem which exists with the oper- ation of a motion picture theatre is the obvious fact that a maximum number of patrons, or spectators, are crowded into a � I - j limited and enclosed area which is dark; and jWHEREAS, another problem which exists arises from the a fact that each patron of a motion picture theatre usually drives ti „ to the theatre in a private automobile so that adjacent parking areas are over crowded and create traffic hazards; and 2 r, NOW r t }{ s { WHEREAS, it is the opinion of the City Commission that jimmediate legislation is now required regarding building and zoning matters and regarding the safety and welfare of patrons 3 of motion picture theatres ; and WHEREAS, as a building and zoning ordinance, the City Commission desires to adopt the within ordinance concerning enclosed motion picture theatres, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AS FOLLOWS: Section 1. Each enclosed motion picture theatre here- inafter operated within the limits of the City of Dania, Florida, shall be a free-standing building that is so constructed so that 9 f the theatre building shall be independent of, and not a part of , i j any other type of building structure. That is, motion picture f theatres shall not be operated in store units that are an I i integral part of a larger building structure. Each free-standing I building that constitutes the site of a motion picture theatre shall have a minimum of two exit doors in each of the walls that are at right angles to the wall on which the motion picture J screen is constructed. � I ;� . Section 2. (a) The lot, or area, on which a motion , I picture theatre is constructed shall be provided with suitable r I parking spaces, either garage, surface area or combination I thereof, adequate to accommodate one motor vehicle for each spectator seat that is in the motion picture theatre. i (b) Such parking space shall be located i on the lot occupied by the building, or on a lot or lots that 1 { in no instance shall have a travelway from the location of s the theatre building, shall pass more than one intersection and two corners either way, with such lot or lots to be enclosed with a wall five (5) feet in height and marked with signs to indicate that the parking area is for the exclusive g use of the patrons of the theatre. - 3 - 4 v rt Y i - i (c) If the applicant for a license to i operate a motion picture theatre does not show that said off- ' street parking will be located on the same lot on which the theatre building is constructed, then, in said events , the 1 applicant will further produce evidence showing that he has a leasehold interest in the parking area he proposed to use for a term having a definite period of ten (10) years to run from I the date that the original application is made for the occu- pational license, or that he owns the lot. i Section 3. Each enclosed motion picture theatre I shall provide for a minimum of two isles which shall be per- pendicular to the wall on which the motion picture theatre screen is constructed and each of said isles shall be not less than six (6) feet in width. Further, where said isles meet I with the wall of the theatre building that is opposite to the wall on which the motion picture screen is constructed, a i separate exit door will be provided for each isle and such exit doors shall be maintained in an unlocked condition at all times. Specifically, it is the prupose and intent of this ordinance to provide for sidewall exit doors under the provisions of Section 1. herein and for rear wall exit doors under the provisions of i the within section. Section 4. That every motion picture theatre building constructed within the City shall comply with all other building, i zoning and fire regulations and ordinances of the City. � i Section S. That this ordinance shall be deemed to be i in the nature of a zoning ordinance to which exceptions or variances may be permitted in the cases of undue hardship. Therefore, any applicant for the construction or operation of an enclosed motion picture theatre shall have the right to apply to the City Planning and Zoning Board and to the City Commission of the City of Dania, Florida, for an exceptional permit, or - 4 - ps M9 ' M variance permit, in the event that a strict application of j the ordinance results in an undue hardship. 111{ Section 6. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 7. That this ordinance shall be in full force t � and effect as of its passage and adoption on third and final j i reading. ZJ2 PASSED and ADOPTED on First Reading on the day of October, 1970. ! PASSED and ADOPTED on Second Reading on the 111/211Z day j of 72e-& 'i"d�-1 1970. I PASSED and ADOPTED on Third Reading on the .�2 day of �� CCyyZLCG�/ , 1970. I Mayor - Commissioner Attest : ity C1 rk - Auditor J I j j kj 1 i j r i p g 5 - ' L I: I V*lno°.'�N I