HomeMy WebLinkAboutO-1968-518 1
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ORDINANCE NO. 518
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i AN ORDINANCE CREATING A NEW ZONING
CLASSIFICATION, TO BE KNOWN AS R-APART-
MENT ZONING CLASSIFICATION, TO PERMIT
I THE CONSTRUCTION OF MULTIPLE FAMILY
APARTMENT HOUSES ON PARCELS ZONED R-
APARTMENT ZONING CLASSIFICATION; AND
PROVIDING FOR STANDARDS, RESTRICTIONS,
CONDITIONS, REQUIREMENTS AND LIMITA-
TIONS CONCERNING SUCH MATTERS AS USES,
ACCESSORY BUILDINGS, RESTRICTIONS ON
USES, TYPES OF STRUCTURES ALLOWED, CON-
DITIONS CONCERNING THE CONSTRUCTION OF
TOWN HOUSES OR ROW HOUSES, PROHIBITIONS
AGAINST TIE CONSTRUCTION OF SINGLE FAM-
ILY HOMES AND TWO FAMILY DUPLEX APART-
NIENTS, SIZE OF PLOTS, HEIGHT, BUILDING
SETBACK REQUIREMENTS, MINIMUM DIS-
TANCES BETWEEN BUILDINGS, SPECIAL YARD
REQUIREMENTS, PLOT COVERAGE MINIMUM
FLOOR AREAS OF APARTMENTS, MAXIMUM
NUMBER OF EFFICIENCY APARTMENTS, PARK-
ING REQUIREMENTS, SIDEWALKS, PAVING OF
PARKING AREAS, CATCH BASINS AND SOAK-
AGE PITS, SEWERAGE DISPOSAL, ELEVATORS
AND GARBAGE CONTAINERS; AND PROVIDING
FOR A HEARING BEFORE THE PLANNING AND
ZONING BOARD ON A SITE DEVELOPMENT
PLAN; AND AUTHORIZING THE CITY COMMIS-
SION TO ADOPT A RESOLUTION TO APPROVE
A SITE DEVELOPMENT PLAN SO AS TO PER-
MIT CONSTRUCTION; AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING THAT THIS ORDINANCE SHALL BE
IN FORCE AND TAKE EFFECT IMMEDIATELY
I UPON ITS PASSAGE AND ADOPTION.
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WHEREAS, for the purposes of this ordinance, the City Commission
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j deems it advisable to state in more detail than usual the background of the
existing ordinances appearing in the Code of Ordinances of City of Dania which
might permit multiple family apartment construction; 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 prob-
j lems which have existed in the city where applications have been filed to con-
struct multiple family apartment units under existing ordinances; and rrr-
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WHEREAS, stated generally, the Code of Ordinances of City of
Dania now has an R-2 zoning classification which permits basically the con-
struction of a duplex type of apartment and an R-3 zoning classification which
permits basically the construction of multiple family units; and
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I WHEREAS, there is no classification under the existing code which
j lies between the R-2 zoning classification and the R-3 zoning classification as
to scope and subject matter; and
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WHEREAS, since the adoption of the existing code in 1954, the City
Commission recognizes that the construction of multiple family apartment
units in Broward County, Florida, has become popular with the developers of
such multiple family apartment units generally following the practice of de-
veloping multiple family apartment units as rental apartments, o - cooperative
ownership type of apartments or condominium ownership type of apartments;
and
WHEREAS, the City Commission further realizes that there are
numerous areas within the limits of the City of Dania which are now attractive
to developers for the construction of multiple family rental apartments, or
multiple family cooperative apartments or multiple family condominium apart-
ments; and
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WHEREAS, such areas which are now attractive to the aforesaid de-
velopers are not presently zoned under a zoning classification which would per-
mit the type of multiple family apartment construction that such developers
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have proposed; and
WHEREAS, the only zoning classification which would permit the
j construction of multiple family apartment houses at the present time is the
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R-3 zoning classification, which is very broad in scope and which has few re-
strictions or limitations; and
1 WHEREAS, the City Commission takes notice that neighboring property
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owners have objected generally to any proposal to rezone a particular parcel
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to R-3 zoning classification, with it being the opinion of the City Commission
that most of such objections suggest the apparent result, namely, that the
ibroad provisions of the R-3 zoning classification permit, to an almost unlimited
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degree, the construction of any type of multiple family apartment unit as well
as the construction of other types of buildings for uses other than apartment
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uses; and
WHEREAS, because of the aforesaid historical background, the
City Commission now deems it advisable to promulgate and enact a new zoning
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classification, to be known as R-Apartment zoning classification, as more par-
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j titularly defined and set forth in the enactment sections of this ordinance, with
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it being the intent of the City Commission that the R-Apartment zoning classifi-
cation shall be a zoning classification lying between the existing R-2 zoning
classification and the existing R-3 zoning classification as to scope and pur-
pose; and
WHEREAS, for the purpose of making its various considerations a
matter of record, the City Commission recognizes that this ordinance may
not readily permit the construction of a so called "high rise" type of multiple
family apartment building, that it is desirable that such high rise apartment
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buildings be permitted in certain areas of the city and that, after the enactment
j of the present ordinance, the City Commission should immediately begin the
{ preparation and consideration of another zoning ordinance which would create
the necessary classification and legislation to permit the construction of high
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rise apartment buildings within certain areas of the city; and
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J WHEREAS, until the adoption of the aforesaid proposed ordinance
which would readily permit the construction of high rise apartment buildings,
the City Commission recognizes that developers desiring to construct such high
rise apartment buildings may have to request substantial variances or exceptions
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to the application of the within ordinance in order to attempt to use an area
zoned under the provisions of this ordinance for the construction of high rise
apartments; and
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WHEREAS, it is the further intent of the City Commission that the
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R-Apartment zoning classification be restricted so as to promote the develop-
ment and construction of a better than average type of multiple family apart-
ment building without regard to whether same be constructed for rental pur-
poses, or for cooperative ownership or for condominium ownership; and
WHEREAS, it is a further purpose and intent of this ordinance to
promulgate, enact and ordain a comprehensive and complete type of zoning
ordinance which will create a new zoning classification, namely, R-Apartment
zoning classification, with such classification being designed to attract the
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promotion and construction of a high type, _restricted multiple family apart-
ment development within the city,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA, AS FOLLOWS:
Section 1. - Creation of R-Apartment zoning classification;
•- ' relative position of the zoning classification to
other zoning classifications
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There is hereby created a zoning classification within the City
of Dania which shall be known as R-Apartment zoning classification. To the
extent that the zoning classifications now existing under the Code of Ordinances
of City of Dania are related and relative to each other, the R-Apartment zoning
classification shall lie between the existing R-2 zoning classification and the
existing R-3 zoning classification.
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Section 2. - Uses permitted.
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From a construction and use standpoint and under the various
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restrictions stated and imposed herein, the R-Apartment zoning classification
shall permit the construction, alteration, development, use and sale of multiple
family apartment buildings. With respect to a multiple family apartment building
constructed on a parcel zoned R-Apartment zoning classification, no restriction
as to the type of legal ownership shall exist and any apartment project developed
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on a parcel zoned R-Apartment zoning classification may be developed, managed,
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promoted, occupied, leased or sold as either rental apartment runts, or coopera-
tive ownership apartment units or as condominium ownership apartment units.
Section 3. - Accessory buildin is.
Accessory buildings such as, but not limited to, storage build-
i ings, pump houses, locker rooms, rooms containing shower or toilet facili-
ties incidental to the use of a swimming pool, rooms for meetings and rec-
reational uses, rooms for the housing of electrical connections and distribu-
tion systems and mail rooms, may be constructed if their design and use is
directly incidental and related to the use, occupancy and enjoyment of possession
of the respective families living in the apartment building, or apartment build-
ings, constructed as the main use of a parcel zoned R-Apartment zoning classi-
fication. An accessory building that primarily houses, or contains, utility
systems or utility equipment shall not exceed 10 feet in height. Any other type
of accessory building, including accessory buildings primarily designed for
meetings and recreational. use, shall not exceed two stories in height. All
accessory buildings shall be located not less than 25 feet from every lot line
of a particular parcel.
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Section 4. - Restrictions on use as related to other uses per-
mitted by higher residential zoning classifications
i under the zoning ordinances of the city; prohibitions
against certain incidental uses.
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Notwithstanding the fact that the R-1-AAA zoning classification,
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the R-1-AA zoning classification, the R-1-A zoning classification, the R-1
zoning classification and the R-2 zoning classification of the city may be con-
sidered as higher zoning classifications than the R-Apartment zoning classifi-
cation, so that an inference might possibly be drawn that any use permitted
in such higher zoning classifications should also be permitted in the R-Apart-
ment zoning classification, the R-Apartment zoning classification shall be
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one that permits the construction of multiple family apartment buildings for
residence purposes only and no occupant of an apartment in an R-Apartment
zoning classification shall be permitted to conduct or practice any type of
business or profession from, or out of his particular apartment.
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No type of business shall be permitted to operate from the lobby
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or public areas of a multiple family apartment building, or on the grounds
jwhich are adjacent to such building, where the building is constructed within
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an area zoned R-Apartment zoning classification.
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jSection 5. - General type of.structures allowed in
R-Apartment zoning classification.
Generally; only multiple family apartment buildings shall be
constructed on parcels which are zoned R-Apartment zoning classification.
Subject to the conditions, -restrictions and limitations stated in section 6. herein,
those types of multiple family apartment dwellings which are commonly known
as "town houses" or "row houses" shall be deemed to be included as a type of
multiple family apartment building which may be constructed on a parcel zoned
R-Apartment zoning classification.
Section 6. - Conditions, restrictions and limitations governing
the construction of a "town house" or "rov✓ house"
within an area zoned R-Apartment zoning classifi-
cation; definitions and meanings
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For the purposes of this section; a "town house" or a "row house"
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is defined and intended to mean that type of integral or self-contained living
unit which is at least two stones in height and which contains interior stair-
cases or interior stairways so that vertical access may be made to and from
all of the interior floors, or levels, of the apartment unit without the use of
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jexterior staircases or exterior stairways. Further, for the purposes of
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this section, a town house or row house is defined as one integral or self-
contained living unit that has no side set back requirement (as related to the
minimum distance that such unit must be constructed from the next adjacent
unit of similar type) and which is customarily and ordinarily physically con-
nected to the next adjacent living unit by a common party wall..
A "town house building complex" or a "row house building
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complex", as used herein, is defined and intended to mean the overall and in-
dependent building structure which contains, consists of, or comprises a
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row of town houses which are connected to each other or a series of row houses
which are connected to each other.
As defined herein, a town house or a row house may be con-
structed on a parcel zoned R-Apartment zoning classification under the follow-
ing conditions, restrictions and limitations:
(a) Each living unit which constitutes a town house or a row
house shall have a minimum interior width of 25 feet.
(b) Each living unit which constitutes a town house or a row
house shall contain a minimum of two stories, or two levels, suitable for
living and habitation purposes.
{ (c) Each living unit shall contain interior staircases or interior
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stairways so that it is possible to have a means of vertical access to and from
j each level in the unit to the other level, or levels, of the same unit, without
3 the use of exterior staircases or exterior stairways. E
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(d) Exclusive of party walls which serve to divide interior
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living units from each other and exclusive of the width of the outermost walls
of the two outer living traits which would exist in either a town house building
complex or a row house building complex, a town house building complex or
a row house building complex shall each have longitudinal dimensions of not
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less than 100 feet and not more than 200 .feet.
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(e) A town house building complex or a row house building com-
plex shall each be deemed to be a multiple family apartment building under all
other applics,ble provisions of this ordinance and a town house building complex
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or a row house building complex shall be subject to all other provisions of this
ordinance including, but not limited to, building set back requirements, mini-
mum distances between buildings, special yard requirements and parking re-
quirements.
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(f) Two parking spaces shall be provided for each town house
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apartment unit or each row house apartment trait and the provisions of this sub-
paragraph shall supercede, and take priority over, the provisions of section 17.
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Iconcerning parking generally, if there is any conflict.
Section 7. - Prohibition against the construction of single
family homes and two family duplex apartments.
No single family homes and no two family duplex apartments
(unless such duplex apartments are either town houses or row houses under
the provisions of section 6. ) shall be permitted to be constructed on parcels
zoned R-Apartment zoning classification.
Section 8. - Size of plot,
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No lot that is located within an area zoned R-Apartment zoning
{ classification shall be developed as a site for a multiple family apartment
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1 building project unless it is a lot of record containing a mimimum of one acre,
! exclusive of any public right of wa
t y, public streets, or public alleys which may
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be dedicated as part of the development of the site.
Section 9. - Height.
No apartment building or apartment structure shall be erected or
altered on a parcel that is zoned R-Apartment zoning classification to a height
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exceeding four stories. With respect to such apartment building or apartment
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structure, the ground shall be considered the first story of the apartment build-
ing or apartment structure, regardless of the particular use to which such
i ground area may be put.
Section 10. - Building set back requirements where parcel
abuts a public street
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(a) Where the property across the street has
certain higher residential zoning classifica-
tions under existing ordinances of the city
Where any part of a parcel that is zoned R-Apart-
ment zoning classification abuts a public street and where the public street
directly separates the parcel from property that is zoned R-1-AAA zoning
q classification, R-1-AA zoning classification, R-1-A zoning classification
R-1 zoning classification, or R-2 zoning classification (as such classifications
are presently defined under the existing zoning ordinances of the city), any
apartment building constructed on the parcel zoned R-Apartment zoning classi-
fication shall set back from the property line so that there shall be a street
yard on the parcel, or plot, adjacent to such street not less than 50 feet in width
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or depth. However, as to accessory buildings, the set back from the property
line may be the mimimum of 25 feet which is prescribed in section 3. of this
ordinance.
(b) Where the property across the street has
+ zoning classifications different from the
specific classifications referred to in sub-
.paragraph (a) of the within section I
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Where any part of a parcel that is zoned R-Apart-
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a ment zoningclassification abuts a public street and where the p public street
S directly separates the parcel from property that is zoned with a classification
other than R-1-AAA zoning classification, R-1-AA zoning classification,
I R-1-A zoning classification R-1 zoning classification, or R-2 zoning classi-
fication (as such classifications are presently defined under the existing zoning
1 ordinances of the city), any apartment building constructed on the parcel zoned
R-Apartment zoning classification shall set back from the property line so that
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there shall be a street yard on the parcel, or plot, adjacent to such street not
j less than 25 feet in width or depth.
Section 11. - Building set back requirements where parcel
does not abut a public street; with such set back
requirements being also described by reference
r to the term "side yards" and to the tern "rear
yards".
(a) Side yards.
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.Every parcel, or plot, zoned R-Apartment zoning
classification shall have a side set back so that any apartment building con-
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structed thereon shall have a side yard on each side, each of which shall be
at least 25 feet in width with an increase of 1 foot in width for each 2 feet in
height of the structure in excess of 25 feet.
(b) Rear yards.
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Every parcel, or plot, zoned R-Apartment zoning
classification shall have a rear set back so that any apartment building constructed
1 thereon shall have a rear yard not less than 25 feet in depth with an increase of
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1 foot in depth for each 2 feet in height of the structure in excess of 25 feet.
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Section 12. - Minimum distance between buildings.
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Where more than one multiple family apartment building is con-
structed on a particular parcel that is zoned R-Apartment zoning classification,
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the minimum distance between each of said apartment buildings shall be the
number of feet equal to the height of the highest apartment building constructed
on the parcel.
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Section 13. - Special yard requirements.
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3 Notwithstanding any of the other provisions of this ordinance,
if there is a conflict, the following additional requirements shall apply on all
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plots, or parcels, zoned R-Apartment zoning classification:
(a) No part of any street yard within 25 feet of any street line
shall be used for parking.
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(b) No fence or hedge over 3 feet in height shall be located
j within 25 feet of any street line.
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(c) No accessory building or roofed structure shall be located
j in any required street yard. However, if a street yard not less than 50 feet
in width or depth is required under the provisions of section 10. (a) of this
ordinance, the exception which is stated in the last sentence of said section
10. (a) shall apply in every event, namely, that an accessory building need
set back from the property line only 25 feet and even though the application
of such exception may cause an accessory building to be located in a part of
a street yard where a street yard of not less than 50 feet in width or depth is
required.
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(d) No accessory building or roofed structure shall be located
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within 25 feet of any side or rear lot line.
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(e) No part of any street yard within 25 feet of any street line
shall be used for the construction of a swimmimg pool.
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f Section 14. - Plot coverage; relationship between area
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1 occupied by building improvements as compared
I to total area of plot.
The combined land area that is actually and physically
occupied by a main apartment building, or apartment buildings, plus any
accessory buildings or roofed structures, shall not exceed 35% of the total
I area (that is, that part of the site which is physically improved with building
I structures plus the remaining part of the site which is not improved). The
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parcel, or plot, forming the basis for the computation of total area shall be
the site that is described in the site development plan that is required to be
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submitted under the provisions of section 24. of this ordinance.
In determining the combined land area that is actually and
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? physically occupied by building improvements or roofed structures, any land
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I areas occupied by a swimming pool shall be excluded unless the swimming pool
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is constructed under a roofed structure or within a building improvement.
In determining the total area of the site (that is, the unimproved
areas plus the improved areas), any areas dedicated for streets, alleys or
public rights of way shall be excluded.
Section 15. - Minimum floor areas.
The minimum floor area for an apartment unit in a multiple
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family apartment building constructed on a parcel, or plot, zoned R-Apart-
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ment zoning classification shall be as follows:
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Minimum floor area re-
Type of apartment unit quired for apartment unit
Efficiency apartment unit 500 square feet
One bedroom apartment unit 600 square feet
Two bedroom apartment unit 850 square feet
Three bedroom apartment unit 1 000 square feet
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The said areas shall be computed with respect to the interior dimensions of
the apartment unit. That is, the area computations shall be based on the area
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the exterior dimensions of the apartment unit.
Section 16. - Maximum number of efficiencv apartments.
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With respect to the maximum number of efficiency apartment
units that may be constructed in a multiple family apartment building con-
structed on a parcel zoned R-Apartment zoning classification, not more than
one-sixth of the total apartment units in the building shall be constructed as
j efficiency apartment units. If the application of such formula results in an
_ answer containing a fraction (as to the maximum number of efficiency apart-
f ment units that may be constructed), the fraction shall be dropped instead of
being considered as a permitted efficiency apartment unit that may be const-
ructed.
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Section 17. - Parking requirements.
(a) Where the site development plan which is submitted to the
city by an applicant or developer under the provisions of this ordinance shows
a proposal to construct a multiple family apartment building, or multiple
family apartment buildings, on a particular site and where the site development
j plan further shows that the proposed construction on the site shall consist of
total apartment units (with an efficiency apartment being considered as one unit)
in excess of 75 units, lz parking spaces shall be provided for each apartment
unit, up to and including the first 75 apartment units that are proposed to be
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constructed at the site. Thereafter, 11. parking spaces shall be provided for
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each apartment unit proposed to be constructed in excess of 75 apartment units.
j (b) Where a site development plan shows that the proposed
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construction on a site shall consist of not more than 75 apartment tmits (with
an efficiency apartment being considered as one unit), 11 parking spaces
shall be provided for each apartment unit.
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(c) The provisions of subparagraph (a) and subparagraph (b) of
this section, concerning the number of parking spaces to be provided for each
apartment unit, shall not apply to town houses or row houses which may be
constructed on a parcel zoned R-Apartment zoning classification under the
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provisions of this ordinance. As to town houses or row houses which may be
constructed on a parcel zoned R-Apartment zoning classification tinder the
provisions of this ordinance, 2 parking spaces shall be provided for each town
house apartment unit or each row house apartment unit.
(d) All access areas, entrance areas or exit areas (that is,
-•-, curb cuts) shall not exceed 20 feet in width and may be separated from eachother
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by not less than 25 feet. Further, the number of access areas, entrance areas
or exit areas (that is, curb cuts) shall be limited so that there shall be no more
than 2 curb cuts for each 200 feet of street frontage in the parcel which is the
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subject of the site development plan.
(e) Every parking space shall have minimum dimensions of
10 feet by 20 feet and a minimum total area of 200 square feet.
(f) In all events, parking shall be "off street" parking.
(g) All required parking shall be located on the same lot, or
parcel, as the apartment building for which the parking spaces are required.
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Section 18. - Sidewalks.
Before any multiple family apartment building shall be con-
1 strutted on a parcel zoned R-Apartment zoning classification, the developer
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shall provide for a sidewalk_ havincr a width of not less than 4 feet, which
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shall be placed on the city property next contiguous with the front property
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line of the parcel.
Section 1°. - paving of parking areas
All parking areas in a parcel zoned R-Apartment zoning
classification shall be paved with asphaltic paving in accordance with existing
ordinances of the city.
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Section 20. - Catch basins and soakage pits.
The site development plan which must be submitted by the de-
veloper desiring to construct multiple family apartment units on a parcel
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zoned R-Apartment zoning classification must show catch basins and soakage
Pits which shall be installed and which shall have sufficient capacity to properly
dispose of all surface water as required b t y the director of public works.
Section 21. - provisions for sewera e disposal.
To the extent that a parcel zoned R-Apartment zoning classifi-
cation may be physically connected to the existing sanitary sewer system of
the city, the site development plan to be submitted by a developer must show
the estimated cost of connecting the parcel to the sanitary sewer system and
such estimate shall be confirmed by a registered engineer practicing in
Broward County, Florida, or by a contractor licensed in City of Dania, Florida,
to make connections to the sanitary sewer system. Further, the site develop-
ment plan must show the willingness and ability of the developer to enter into a
contract with the city which shall guarantee that the cost of the connection of the
parcel to the sanitary sewer system shall be paid in full by the developer by the
time that a certificate of occupancy is issued concerning a multiple family
apartment building, or buildings, constructed on the site.
Section 22. - Elevators.
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Each multiple family apartment that is constructed on a parcel
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zoned R-Apartment zoning classification shall provide for, and contain, at
least one passenger elevator, if the apartment bui.ldvig contains three or more
stories. Elevators shall not be required in any multiple family apartment
building that contains two or less stories.
Section 23. - Garbage containers.
Each multiple family apartment building that is constructed on
a parcel zoned R-Apartment zoning classification shall be constructed so as
to provide for garbage receptacles for the use of the occupants of the apart-
ment units in the building and such receptacles shall comply with all require-
ments of public health authorities having jurisdiction in the city as well as all
municipal health requirements.
Each multiple family apartment that is constructed on a parcel
zoned R-Apartment zoning classification shall be constructed so as to provide
garbage receptacles in accordance with the following schedule:
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Number of
Apartment units Containers (bin size)
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- I 10 1 cubic yard
11 - 20 2 cubic yards
21 - 30 3 cubic yards
31 - 40 4 cubic yards
41 - 50 5 cubic yards
i 51 - 60 6 cubic yards
61 - 70 7 cubic yards
71 - 80 8 cubic yards
81 - 90 9 cubic yards
91 - 100 10 cubic yards
101 - 110 11 cubic yards
111 - 120 12 cubic yards
121 - 130 13 cubic yards
131 - 140 14 cubic yards
141 - 150 15 cubic yards
151 - 160 16 cubic yards
j 161 and above One cubic yard for each
ten units or major multiple
thereof
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The above containers shall, at the option of the owner of the
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apartment building, be of either the one cubic yard or two cubic yards size,
but in any event, shall be kept at all times within an enclosed C. B. S. room
with dimensions large enough to accomodate the required number of bins. The
garbage rooms required for multiple family apartment buildings shall be located
not more than 25 feet from a site available to the garbage pick up unit and such
distance of 25 feet shall be of a hand paved surface.
Section 24. - Site development plan
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Before a permit shall be granted to construct a multiple family
apartment building on a parcel of land zoned R-Apartment zoning classification,
the developer or applicant must first submit to the Planning and Zoning Board
of the City of Dania a site development plan which shall show, at the minimum,
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and in proper form, dimension and scale, the following:
(a) The location, area, dimension and size of a plot or parcel
that has been zoned R-Apartment zoning classification and which the developer
or applicant proposes to use as a site for the construction of a multiple family
apartment building.
(b) The location, character, size and height of all buildings,
structures and uses on the plot, including walls, fences and hedges.
(c) Location, character and enclosure of all outside facilities
or accessory buildings.
(d) All curb cuts, driveways, parking areas and loading areas.
(e) Location, size, character, height and orientation of all
signs that the applicant may propose to construct.
(f) A general plan of the landscaping that the applicant proposes
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to install.
(g) The finished grade and elevation of the plot or parcel.
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(h) Any and all information which the city must have available
to it to determine that the site development plan conforms to all of the applicable
Provisions of this ordinance plus all other applicable ordinances of the city con-
cerning building and zoning.
The sole purpose of the site development plan is to make avail-
able to the city all applicable information, in a convenient form, so that the city
can determine whether the proposed construction of a multiple family apartment
building complies with the within ordinance and all other applicable ordinances
of the city. It is not the purpose of the site development plan to require that a
developer or applicant do any act, or agree to any covenant, above and beyond
the minimum requires of all applicable ordinances. The requirement that a
site development plan shall not create any inference that the approval of the
plan is a discretionary act on the part of the city.
Section 25. - Hearing before Planning and Zoning Board
on site development plan; consideration by
City Commission; authority for resolution.
The Planning and Zoning Board shall conduct a public hearing
on each site development plan and all interested parties shall have an oppor-
tunity to be heard with respect to the approval of the plan. Notice of the hear-
ing shall be published once a week for two successive weeks and the hearing
shall not be held less than 12 days after the first publication of notice. At the
conclusion of such hearing the Planning and Zoning Board may defer the
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making of its recommendations until its next regular meeting but only one
such deferment shall be made after the Planning and Zoning Board has con-
ducted the required public hearing. It shall make its recommendations to the
City Commission of the City of Dania concerning the ,site development plan
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and the City Commission shall then consider such recommendations at the
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earliest practicable opportunity. The City Commission may conduct a public
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hearing concerning the final approval of the site development plan, although a
public hearing, with advertised notice before the City Commission, shall not
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be obligatory. Upon final consideration, the site development plan, subject
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to any amendments that may be agreed upon, shall be either approved or dis-
approved by resolution of the City Commission. The resolution approving the
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{ site development plan shall authorize the immediate issuance of a building per-
mit which shall allow construction to proceed in accordance with the site de-
velopment plan that has been approved by the resolution.
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The primary purpose of the aforesaid procedures concerning
the approval of a site development plan is to insure Chat each applicant or
developer complies with all existing ordinances of the city as a prerequisite
to the issuance of a building permit for the construction of multiple family
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apartment buildings on a parcel zoned R-Apartment zoning classification. As
a further incident to the aforesaid procedures, it is the intent of: this section
to allow opportunities for the Planning and Zoning Board, the City Commission
and the public to discuss each site development plan with an applicant or de-
veloper so that any changes, alterations or adjustments may be made in the
site development plan, where mutually agreed upon. However, the final
approval of any site development plan by the City Commission shall not be dis-
cretionary on the part of the City Commission and, in every event, an applicant
or developer shall be entitled (as a matter of right) to the adoption of a resolu-
tion which shall cause the issuance of a building permit if all matters dis-
closed by the site development plan affirmatively show that the applicant or
developer is proposing construction and development that will comply with all
applicable ordinances of the city.
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jSection 26. - Repealer.
That all ordinances or parts of ordinances in conflict herewith
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are hereby repealed to the extent of such conflict.
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Section 27. - Effective date.
That this ordinance shall be in force and take effect immediately
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upon its final passage and adoption. r
j PASSED and ADOPTED on First Reading on the 27th day of
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May, 1969.
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PASSED and ADOPTED on Second Reading on the 29th day of
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May, 1968.
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PASSED and ADOPTED on Third Reading on the loth day of
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June, 1968.
i Mayor-Commis ner
Attest:
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AG ing City Jerk- ditor
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