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HomeMy WebLinkAboutO-1974-051 Enacting and ordering a comprehensive and complete zoning code for the city of Dania r j ORDINANCE '10. 51 I AN ORDINANCE PRO?IULGATING, ENACTING AND ORDAIN- j ING A COMPREHENSIVE AND COMPLETE ZONING CODE FOR THE CITY OF DANIA, FLORIDA, TO BE RNONdN AS CHAPTER. 33, 1971 CODE OF ORDINANCES OF CITY OF DANIA, FLORIDA, AS AMENDED, WHICH SAID CHAPTER 33 SHALL ORDAIN AND GOVERY ALL MATTERS PERTAIN- ING TO ZONING IN CITY OF DANIA, FLORIDA, AND WHICH CONTAINS VARIOUS D-EFINITIONS; AND WHICH PROVIDES GENERALLY THE RULES AND STANDARDS IN MAIKING INTERPRETATIONS; AND WHICH PROVIDES FOR ZONING DISTRICTS ARID A ZONING MAP; ARID WHICH - PROVIDES FOR A PROCEDURE REGARDING NONCONFORM- ING USES; AND WHICH PROVIDES STANDARDS FOR THE e DETERMINATION OF UNCERTAIN BOUNDARIES AND DIS- TRICTS; AND WHICH PROVIDES A PROCEDURE REGARD- ING EXEFLnTIONS AND VARIANCES; AND WHICH CON- ' I CERIS SUBDIVISIONS AND PLOTS; AND WHICH CON- CERNS ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES; AND WHICH CONCERNS STREET WIDTHS; ' ' AND WHICH CONCERNS VARIOUS USES PERMITTED IN {� EACH ZONING DISTRICT AND PRESCRIBES STANDARDS REGARDING EACH USE; AND WHICH PROVIDES FOR A I PROCEDURE FOR THE ADOPTION OF ZONING ORDINANCES WHICH SHALL BE FULLY CONSISTENT WITH THE PRO- CEDURE SET FORTH IN CHAPTER 166.041, FLORIDA - STATUTES, AND CONSISTENT WITH ORDINANCE 33 OF THE CITY OF DANIA, FLORIDA; AND WHICH AMENDS t ANY PART OF THE CHARTER, REGARDING THE PROCE- DURE FOR ADOPTION OF ZONING ORDINANCES, WHICH . IS NOT CONSISTENT WITH CHAPTER 166.041, FLORIDA STATUTES; AND WHICH CONCERNS OFFSTREET PARXING j REQUIREMENTS; AND WHICH PROVIDES FOR THE EFFECT- IVE DATE OF THE REPEAL OF ALL ORDINANCES OR RESOLUTIONS IN CONFLICT; AND WHICH PROVIDES FOR [ -5� AN EFFECTIVE DATE. WHEREAS, the Municipal Home Rule Powers Act (Chapter 73-129, Laws of Florida) !( created S166, Florida Statutes, and became effective on October 1, 1973; and WHEREAS, the charter of City of Dania, a Florida municipal corporation, is a 3 ' special law of the State of Florida, namely, Chapter 25768,• 1949 Special Acts of Florida, as amended; and ; � I 1 WHEREAS, 9166.021(5) , Florida Statutes, provides that all special acts per- � .. taining exclusively to the power or jurisdiction of a particular municipality (that i i is, its charter) became an ordinance of the municipality as of October 1, 1973, subject to modification or repeal as other ordinances; and WHEREAS, 5166.041, Florida Statutes, provides a procedure for the adoption of ordinances; and 1 I , WHEREAS, pursuant to the aforesaid Home Rule Powers Act. the City Cc svnission of v i i , i r 1 i i i j 1 the City of Dania, Florida, did adopt on second and final reading on December 4, i1973, ordinance no. 33 which said ordinance had for its general purpose that of i amending the charter of City of Dania so that the procedure to adopt an ordinance in City of Dania is the same as the procedure set forth in 5166.041, Florida Statutes; and WHEREAS, 5166.041, Florida Statutes, requires that, at least fourteen (14) days prior to final adoption, a notice be published once only in a newspaper of general circulation in the city regarding the notice of the proposed enactment of the ordi- nance and stating the date, time and place of the meeting, the title of the proposed ordinance and the place within the municipality where such proposed ordinance may be inspected by the public; and i WHEREAS, pursuant to the aforesaid requirements of 5166.041, Florida Statutes, j I regarding notice of the proposed enactment of the within ordinance, a detailed notice was published in the Hollywood Sun-Tattler on September 24, 1974, by the city clerk auditor which set forth in exact words the title of the within ordinance and which stated that the City Commission, City of Dania, Florida, would meet at 7:00 p.m., Wed- nesday, October 9, 1974, at the City Hall, Dania, Florida, to consider the passage of the within ordinance on first reading; and i WHEREAS, the said notice further provided that, on the assumption the ordinance I would be passed on first reading on October 9, 1974, the city commission would further I meet at 8:00 p.m., Monday, October 21, 1974, at City Hall, Dania, Florida, to id j` r cons er ' the ordinance on second reading and, further, as a result of such second reading, to 1 consider the final adoption of the within ordinance; and I WHEREAS, the said notice complies with the requirements of the Municipal Home i t Rule Powers Act which became effective on October 1, 1973; and { WHEREAS, in 1954, City of Dania adopted for the first time a comprehensive and complete zoning code which has been customarily and informally called the "master zon- ing ordinance"; and j WHEREAS, since 1954, the master zoning ordinance has been amended from time to j time; and WHEREAS, on the occasion of the most recent codification of the ordinances of the city (that is, the 1971 Code of Ordinances of City of Dania, Florida, which was approved by ordinance no. 588 on November 15, 1971) , the then zoning code (the original � z 1 ' i 1954 master zoning ordinances and subsequent amendments thereto up to November 15, 1971) were codified and became known as 532, 1971 Code of Ordinances of city of Dania, Florida; and I WHEREAS, the said 532 was in itself subsequently amended from time to time i by the adoption of various ordinances during the approximate period from November 15, 1971, to the date of the adoption of the within ordinance; and WHEREAS, as the result of all of the aforesaid and immediately prior to the i effective date of this ordinance, all zoning matters and zoning ordinances in the city have been (or are) the subject of 532, 1971 Code of Ordinances Of City of Dania, Florida, as amended; and WHEREAS, the city commission now desires to Promulgate, enact and ordain a completely new, comprehensive and complete zoning code; and i WHEREAS, after the adoption of such new, comprehensive and complete zoning ! code, it will be necessary that a transitional period exist in the city while the j city commission considers the rezoning of all of the areas in the city from the old 1 . zoning designations provided by S32 into the new zoning designations provided by jthe within ordinance, with the said process or procedure to be done in accordance with all existing substantive law which provides, in general, that no parcel of property j shall be rezoned from an existing zoning classification into a new zoning 3 ng classifi- cation unless there has been a substantial or complete change of circumstances, con- ditions or factors since the initial zoning; and r WHEREAS, such substantive requirement will require that the city commission give proper consideration to every parcel in the city (after reasonable notice) so that the parcel will be assigned to a particular classification Provided by the i within ordinance that shall be substantially the same as the classification assigned to the parcel by the previous ordinance (that is 532, 1971 Code of Ordinances) unless I I there has been a substantial change of condition since the time that the parcel was zoned into a particular classification under the earlier zoning ordinances; and WHEREAS, it is the intent of the city commission during said transitional period to have what amounts to two separate and independent zoning codes during the period of transition while each parcel in P the city is being m zoned from the classifi- cation assigned to the parcel under the earlier zoning ordinances to the particular i classification which is appropriate and which is provided by the within ordinance; and • 3 i i i i _ WHEREAS, in order to afford a general means of distinction, the earlier zoning � ordinances in effect to the date of this comprehensive ordinance will sometimes be j referred to generally as "532 ordinances" or "S32 zoning ordinances"; and WHEREAS, the new, comprehensive and complete zoning code which is being promul- i gated, enacted and ordained as a result of the within ordinance shall become a part of and be known as 933, 1971 Code of Ordinances of City of Dania, Florida; and WHEREAS, after the completion of the aforesaid process of changing the zoning I classification assigned to each parcel from the earlier zoning classification provided under the 532 ordinances to the appropriate and proper classification provided by the within ordinance, it is then the intent and purpose of the city commission to repeal and rescind the 532 ordinances; and i tion of the within ordinance, it is the intent WHEREAS, with respect to the adop act and ordain a new, comprehensive and com- of the city commission to promulgate, an plate zoning ordinance (or code) including generally, but not limited to, a set of -...� � definitions on the subject and providing for such matters as a statement of the rules and standards to be followed in making interpretations, providing for zoning districts and a zoning map, concerning the subject of nonconforming uses, providing standards for the determinations of boundaries and districts, providing a procedure regarding exemptions and variances, providing requirements concerning subdivisions and plots, .I referring to accessory and detached buildings and structures, providing for street widths, stating the uses permitted in each zoning district and prescribing standards, providing for a procedure for the adoption of zoning ordinances which shall be fully w.. consistent with the procedure set forth in §166.041, Florida Statutes, and further consistent with ordinance no. 33 of the City which amends any part of the charter, regarding the procedure for the adoption of zoning ordinances, which is not consistent - with 5166.041, Florida Statutes, providing for offstreet parking requirements, provi- ding for the ratification, confirmation and approval of all previous 532 zoning ordi- nances until such time as the aforesaid rezoning process into the classifications i permitted by this ordinance is completed, providing for effective dates regarding the repeal of the earlier ordinances, providing a complete repealer section and further iproviding for all matters related to said subjects, NOW, THEREFORE, IN ORDER TO ACCOMPLISH ALL OF THE FOREGOING, I 4 i i a i` _ f i BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: i i Section 1. That for the purpose of promoting the public health, safety, morals, convenience, comfort, amenities, prosperity and the general welfare of the in- habitants of the City of Dania, Florida, and for the further purpose of providing for a wholesome, serviceable and attractive city and in order to create a more favorable environment in which to rear children, to develop good citizenship, to stabilize and enhance property and civic values and in order to provide for a more uniform and just land use pattern and for the purpose of facilitating provisions for increased safety i in traffic and providing for transportation, P g p parking and recreational facilities and in order to lessen congestion, disorder and danger which are inherent in unregulated development and to prevent overcrowding of lands and undue concentration of popula- tion and to provide reasonable means and methods of protecting and safeguarding the d economic structure upon which the good of the entire city depends and to control the idensity of population which naturally exists in a metropolitan or urban area and in ' order to limit the location, uses and occupancy of buildings, structures and land to be used for trade, industry, residence or other purposes and also the types, height, 1 bulk, occupancy and uses of buildings and other structures, including such factors as i j the percentage of plot occupancy and coverage, street setback lines, sizes of yards i and open spaces, and in order to accomplish the purposes and intents of this ordi- nance by dividing the city into zoning districts wherein the land uses permitted in each of such districts are set forth and in order to specify the areas of the city where industry, trade, residence, service and related uses are permitted, a compre- hensive and complete zoning code for the City of Dania is hereby promulgated, enacted and ordained, which shall be deemed to be incorporated into and made a part of the 1971 Code of Ordinances of City of Dania, Florida--that is, the certain codification approved and adopted by the city commission of the City of Dania, Florida, on Novem- ber 15, 1971--with the within comprehensive and complete zoning code to be considered as an amendment or supplement to the 1971 Code of Ordinances of City of Dania, Florida, and with the within comprehensive and complete zoning code to be known as Chapter 33, 1971 Code of Ordinances of City of Dania, Florida, as amended, and with the said Chapter 33, which is being hereby promulgated, enacted and ordained, to read, after the effect 5 I i I J i 1 1� i 1�I I i I Of such promulgation, enactment and ordainment, as follows, to wit: ' I ; ! CHAPTER 33 ZONING ARTICLE I. IN GENERAL Sec. 33-1. Definitions.-- For the purposes of this chapter, the following words, phrases or clauses shall have the following meanings or definitions (unless the con- text obviously requires otherwise) , to wit: (1) Use of words. Words used in the present tense include the future tense. The phrase, "used for", includes the meaning, "designed for." The word, "structure", includes the word, "building". The word, "shall", is mandatory and not discretion- ary or directory. The word, "lot", includes the words, "plot" 33 and "tract." The words, "area" and "district" may indicate and 9 include the meaning, "zone." i (2) Accessory building. A subordinate building, which is located on the same lot as the main building or on an adjacent Ilot, the use of which is clearly incidental to the use of the ji main building. (3) Accessory uses. Uses customarily incident to the prin- cipal uses as permitted. (4) Advertising signs--general. A posted advertisement which does not apply to premises or any use of premises wherein such sign is located. (5) Alley. Any roadway, place or public way dedicated to j public use and twenty-five feet or less in width, unless other- . f wise officially designated as a street. (6) Apartment. "Apartment" or "apartment house" is a build- ing occupied or intended to be occupied by more than two fami- lies, living separately and with separate kitchens or facilities, - s lI 1 i i 1 ' for doing their own cooking on the premises, or by more than !� two families, individuals or groups of individuals. The term, "multiple dwelling", shall be understood to include apartment houses, bungalow courts and all other family dwellings of simi- lar character, but not to include hotels. (7) Garage apartment. A detached building that is erected as an "accessory building" and, where permitted, contains liv- ing quarters for not more than two families in addition to the ° garage space. Unless garage space for more than two automobiles I is provided, living quarters for more than one family shall not i ! be provided in the building, and the building must conform with buildings, and with lot area and all requirements for accessory jfloor area of apartment buildings in the zone wherein located. j (8) Apartment hotel. An apartment building, under resident ))I supervision, which maintains an inner lobby through which all i, tenants must pass to gain access to the apartment, and which 1 may furnish dining room service. (9) Automobile showroom. A building where motor vehicles are prominently displayed and offered for sale by an authorized , i agent. ` (10) Bar. A place devoted primarily to the retailing and drinking of malt, vinous or other alcoholic beverages. (11) Barbecue stands or barbecue pits. Same as curb or auto service cafeterias. (12) Billboard. A surface whereon advertising matter is set !I in view conspicuously and which advertising does not apply to jpremises whereon it is displayed. (13) Boardinghouse. A building other than a hotel, where i lodging and meals for five or more persons are provided and I jserved for compensation. ! 1 (14) Building. Anything constructed or erected, the use of .i which demands a permanent location on the land, or anything j I e i r , 1 l i attached to something having a permanent location on the land. ' (15) Building area. The aggregate of the maximum horizontal cross section of a building on a lot, excluding cornices, eaves or gutters projecting not more than thirty inches, steps, one- story porches, bay windows not extending through more than one story and not projecting more than five feet, chimneys, bal- conies and terraces. j (16) Building height. The height of a building shall be i measured from the mean level of the ground surrounding the 1 building to a point midway between the highest and lowest points I of the roof; provided, however, that chimneys, spires, towers, elevator penthouses, tank and similar projections shall not be included in the height. (17) Bungalow court, (house court) . A "bungalow court" or I "house court" is a group of three or more single-family dwell- I�{ inga on one or more adjoining lots, having a separate outside entrace on the ground floor level for each single-family dwell- f ing. i (16) Club, private. The term, "private club", shall pertain fto and include those associations and organizations of a fra- ternal or social character, not operated or maintained for a i profit. "Private club" shall not include casinos, nightclubs or other institutions operated as a business for profit. I (19) Nightclub. The term, "nightclub", shall pertain to and include restaurants, dining rooms or other similar establish- ments where floor shows or other forms of lawful entertainment are provided for the guests after 2:00 a.m. (20) Court. An open, unoccupied, unobstructed space, other than a yard, on the same lot as a building. Trees or shrubs may be used in a court. (22) Family. A "family" is one or more persons living to- lied with a kitchen gether as a single housekeeping unit, supp 1 I i 8 I � i r I� i i or facilities for doing their cooking on the premises. (22) Fowls. Any guineas, peafowl, pigeons, pheasants or poultry. (23) Garage, community. A series of private garages, not more than one story in height, located jointly on a parcel of land under a single or joint ownership, with no repairing or selling on premises. (24) Garage, mechanical. Any premises where automotive ve- hicles are mechanically repaired, rebuilt or reconstructed, ex- cept those described as a private storage garage and except i' duly authorized agencies for the sale of new automobiles. (25) Garage, private. A garage building separate and apart from the principal residential building and in which no busi- ness, service or industry connected directly or indirectly with i motor vehicles is carried on. (26) Garage, storage. Any premises, except those described as a private garage, used for the storage only of automotive ve- hicles, or where any such vehicles are kept for remuneration, i hire or sale, I (27) Gasoline and oil filling stations. A structure or place i I where gasoline, oil and grease are supplied and dispensed to the motor vehicle trade, but no mechanical service performed. (28) Hotel. Every building or establishment operated or in- tended as a place where sleeping accomodations or more than ten rooms are provided for pay for the use of transient or permanent guests or tenants. Dining rooms, bar or tap rooms, principally I for the accomodation of the house guests, may be operated in connection with any hotel if located within the hotel premises. i Bar and tap rooms are subject to existing ordinances and such 1 ff other rules and regulations as may hereafter be adopted. I. 3 (29) Hotel room. A room for the use of transient or perma- nent guests or tenants, having a separate entrance so it can be I i 1 9 i I i _71 i rented separately from, and independently of, any apartment or other room on the same premises. (30) Lot. A parcel of land fronting on a street which is or may be occupied by a building and its accessory buildings, in- cluding the open spaces required under this chapter, and which jparcel of land is a matter of record in Hroward County, Florida. (31) Lot, corner. A lot abutting on two or more streets at i j their intersection. (32) Lot depth. The depth of a lot, for the purpose of this j i ichapter, is the distance measured in a mean direction of the side lines of the lot from the midpoint of the street lot line to the opposite main rear line of the lot. i (33) Lot, interior. A lot other than a corner lot. I {, (34) Lot lines. The lines bounding a lot as defined herein. _., (35) Lot, through. An interior lot having frontage on two streets. (36) Lot widths. The width of a lot, for the purpose of this chapter, is its mean width measured at right angles to its depth. i (37) Mixed occupancy. Occupancy of a lot or land for more than one use. (38) Multiple-dwelling or apartment. A building, not a sin- gle-family dwelling or a two-family dwelling, used for, and occu- pied exclusively for, dwelling purposes. (39) Nonconforming use. A nonconforming use is a use which does not comply with the requirements of the district use in - which it is situated. i (40) Place of business. Any building, vehicle, structure, yard, lot, premises, or part thereof, or any other place in which one or more persons are engaged in a gainful occupation. (41) Parking space. An off-street parking area for the park- ing of automobiles or motor vehicles, having an area of not less than two hundred square feet for each car intended to be parked 10 j LI I r I I I thereon, with necessary and adequate space for the approach, turning and exit of automobiles. i j (42) Plot. A parcel of ground containing more than one lot upon which a building and its accessory buildings have been or i may be erected. I (43) Poultry. Any chickens, turkeys, ducks or geese. i (44) Poultry market. A commercial establishment or place where dressed poultry or fowls are kept and offered for sale and no slaughtering done on the premises. I (45) Poultry, slaughtering, dressing and cleaning. A place ! where poultry is slaughtered, dressed or cleaned. (46) Porch. A roofed space attached to the outside of an outer wall of a building, one or two stories in height, open on j one or more sides, which may have railings, screen or glass enclosures. An open or unenclosed porch is one without rail- ' �11 ing, glass, screen or similar materials on the open side. i (47) Public garage. A building, other than a private or a community garage, one or more stories in height, used for the n ! storage and repair of automobiles. (48) Residence, one-family. A building used or intended to I be used as a home or residence, in which all living units are I j accessible to each other from within the building, and in i ! which such living rooms are accessible without using an en- trance, vestibule, stairway or common hallway that is designed as an entrance, vestibule or common stairway or common hallway for more than one family, and in which the use, arrangement and i management of all sleeping quarters, all applicances for cook- f} ing, ventilating, heating or lighting, other than public or ! i community service, are under one control. i A room with separate entrance and private bath may be interpreted as a separate unit by the building inspector, re- sulting in a one-family residence becoming a two-family resi- dence and prohibited in any single-family residence zone. 11 i d I , t II I i s _ I I I i ,I j (49) Residence two-family. A building used or intended to I � be used as a place of residence for not more than two families, i with the same definition for each place of residence within the ibuilding, or upon the same lot as applies to "one-family resi- dence" as set out in the previous paragraph no. (46) . (50) Restaurant. A building or room not operated as a din- I ing room in connection with a hotel, where food is prepared and served for pay and for consumption on premises. (51) Rooming house. A residential building used, or intended to be used, as a place where sleeping or housekeeping accommoda- tions are furnished, or provided for, to transient or permanent guests or tenants, in which less than ten and more than three rooms are used for the accommodation of such guests or tenants, but which does not contain a public dining room or cafe in the same building nor in any building in connection therewith. (52) Service station. A building where gasoline, oil and 7� greases are supplied and dispensed to the motor vehicle trade tl and where such related services as battery, tire and other simi- lar services are rendered. (53) Setback. The minimum horizontal distance between a building and the boundary lines of the lot on which situated. (54) Street. A thoroughfare which affords principal means jj of access to abutting property and including avenues, boule- aa yards, courts, terraces or public ways over twenty feet in jwidth. II i (55) Structure. Anything constructed or erected, the use of i which requires, more or less, a permanent location on the land, i or attached to something having a permanent location on the i land. f (56) Structural alterations. Any change in the supporting , members of a building, such as bearing walls, columns, beams I or girders. (57) Tent. Any structure or enclosure, the roof and/or one- 12 I i I I � r ,1 one-half or more of the sides are silk, cotton, canvas or a light material. (58) Automobile tourist park. A plot of land properly planned and subdivided particularly for the use and accomodation of auto- mobile tourists, where spaces are provided for three or more house Cara, camp cars or trailers used as living or sleeping quarters, the - j parking spaces being maintained for rent or without rent by any i person. � (59) Tourist t cottage, A tourist cottage shall include, in addition to tourist cottages as they are commonly known, house cars, camp cars and trailers used for or adaptable to be used as living quarters. (6o) Tourist camp. A "tourist camp" is hereby defined to be any plot of ground where three or more camp cottages are or may • {{ be located, and with proper sanitary facilities as hereinafter •I - prescribed, or where three or more cottages are or may be lo- j Gated, or where three or more house cars, camp cars or trailers used as living or sleeping quarters, or a combination thereof j with cottages, are or may be located, and having communal sani- tary facilities, the camp being maintained for rent or without I jrent by any person. j (61) Yard. An open space on the same lot with a building, un- occupied and unobstructed from the ground upward, except as other- wise provided herein. ! i � (62) Yard, front. The required open space between the street , line and the nearest part of any building on the lot, excluding cornices, eaves or gutters projecting not more than twenty-four inches, steps, one-story open porches, porticos, bay windows not extending through more than one story and not projecting more than five feet, chimneys, open balconies and terraces, except as otherwise stated. (63) Yard, rear. An unoccupied area between a main building and the side line of the lot and extending from the street line y. i i j 13 i ;I ( to the rear yard, measured at its least dimension. t , j I t i II j j j i 3 j I i I I I 14 f A i i Sec. 33-2. Interpretations purposes and conflicts 1 In interpreting and applying the provisions of this chapter, the following standards guidelines or principles shall apply: (1) The provisions of this chapter shall be held to be the 1 minimum requirements for the promotion of the public health, morals and general welfare of City of Dania and its inhabitants. It is not intended by this chapter to interfere with or abro- I • gate or annul any easements, covenants or other agreements be- tween parties. However, where this chapter imposes a greater re- striction upon the use of buildings or premises, or upon the height of buildings or required open spaces than are imposed or required by other ordinances, rules, regulations or by ease- ments, covenants or agreements, the provisions of this chapter j i shall control. (2) As of the date when this ordinance first becomes effec- tive, it is recognized that all of the lands within the existing Z boundaries of the city have various zoning classifications which i have been established under the provisions of S32, 1971 Code of Ordinances of City of Dania, Florida (that is, the code approved by ordinance no. 588 adopted on final reading on November 15, 1971) , as amended by various zoning ordinances subsequently adopted by the City of Dania during the interval of time from 1971 to the date of the passage of the within ordinance on final reading (with all of such zoning ordinances adopted prior to the passage of this ordinance being sometimes referred to herein col- f lectively as "532 zoning ordinances" to distinguish same from the I separate and comprehensive zoning regulations being promulgated i and enacted by the within ordinance as "Chapter 33, 1971 Code of i Ordinances of City of Dania, Florida, as amended") . Further, it is {{i recognized that the zoning districts and zoning classifications i which are specified under the 932 zoning ordinances are different I from the zoning districts and zoning classifications which are being promulgated, enacted and ordained by the within ordinance. 15 r i I' i 1 i ^xw I The zoning district to which any lot, parcel or tract of land . within the boundaries of the city has been previously assigned (under any 532 zoning ordinance and prior to the passage and • adoption of the within ordinance) is hereby approved, ratified and confirmed. Specifically, without limitation on the fore- going, every lot, parcel or tract of land within the boundaries of the city shall continue to have the same zoning classification given to it under any 532 zoning ordinance previously adopted by City of Dania and the uses permitted in each such zoning district or zoning classification shall continue to apply as to any lot, parcel or tract of land within the city which has been previously zoned into any of the several zoning classifications set forth under any 532 zoning ordinances, until such time as such lot, par- cel or tract is re-zoned into one of the zoning districts or zon- ing classifications set forth in the within comprehensive zoning � ordinance. Thereafter, the uses permitted on any lot, parcel or tract (after the lot, parcel or tract has been re-zoned into one of the districts or classifications provided by this ordinance) shall be governed by the several provisions of the within ordi- nance. (3) Immediately after the adoption of the within ordinance, the city manager, any zoning consultants employed by the city, the planning and zoning board, the city clerk-auditor and the I city attorney are authorized and directed to take whatever steps I � are necessary to divide the entire city into a limited number of areas and to prepare notices, forms of ordinances, maps and re- lated documents so that the city commission can consider the passage of an ordinance re-zoning each lot, parcel or tract in each of such areas into an appropriate zoning classification or III i zoning district as is specified in the within comprehensive zon- ing ordinance. By the adoption of the within ordinance, the city commission states its policy and intent to re-zone all land areas - j within the city from the previous classifications set forth in I I �� 16 ll I i i I I any S32 zoning ordinance into one of the several zoning districts i or zoning classifications specified in the within comprehensive i i zoning ordinance which is intended to supersede all 532 zoning i i ordinances (that is, all zoning ordinances adopted by the city 1 prior to the adoption of the within ordinance) . ( (4) By its adoption of the within comprehensive zoning ordi- nance, the city commission further states its policy and intent to repeal all zoning ordinances which have been previously adopted i by the city (prior to the adoption of the present ordinance) at � such point in time as the complete re-zoning of the entire city into the districts and classifications permitted by this ordinance has been finally accomplished. jJJJ (5) At such time as the city commission has completed the re- zoning of every lot, parcel or tract within the city into one of the districts or classifications permitted by this ordinance, the final general ordinance providing for such re-zoning shall con- tain a section acknowledging the completion by the city of the complete re-zoning. As an incident of such re-zoning, the city shall further cause a zoning map to be prepared in accordance with subsequent sections of this ordinance. After the completion of the re-zoning and the further completion of the zoning map, if it should develop that, because of error or omission in the re-zoning or in the zoning map, any property in the city is not shown in any of the zoning districts provided by this ordinance, the classi- fication of such property shall be RS-6000 Single Family Resi- dential District, until subsequently changed by further ordi- nance. Sec 33 3 Districts designated• zoning map adopted.-- In order to regulate and limit the height and bulk of buildings here- I after erected or altered; to regulate and limit the density of population; i to regulate and determine the area of yards and other open spaces; to regu- late and restrict the locations of trades and industries; and the location of buildings erected and altered for specific uses, the area comprising the 1'7 I� I i. i ° I I 1 � 7 i I I 1 City of Dania is divided into zoning classifications or zoning districts, i as more particularly set forth-in sub-paragraph (1) of this section, with such divisions of said area into such classifications or districts to be ' as shown on the zoning map which is authorized by sub-paragraph (2) of this jsection, all as follows: (1) Zoning classifications or zoning districts The zoning classi- ficationsor zoning districts into which the land area comprising City I of Dania shall be divided, classified or assigned under the provisions of this ordinance shall be known as: I "RS-6,000 District" - Single Family Residential District "RS-8,000 District" - Single Family Residential District "RS-12,000 District" - Single Family Residential District "RD-6,000 District" - Duplex Residential District i ` "RT-11 District" - Townhouse Residential Dis- trict "RC-5 District" - Cluster Single Family Resi- dential District "RM-12 District - Low Density Multi-Family Residential District "RM-15 District" - Medium Density Multi-Family Residential District "RM-17 District" - Nigh Density Multi-Family Residential District "C-1 District" - Neighborhood Commercial Dis- trict "C-2 District" - Central Commercial District "C-3 District" - Arterial Commercial District - "M-1 District" - General Industrial District "M-1-R District" - Restricted Industrial Dis- trict "M-1-P District" - Petroleum Tank Farms In- dustrial District "AP District" - Amusement Park District j (2) Zoning map. An official zoning map to be designated as the "Zoning Map of City of Dania" is hereby authorized. Said zoning map 18 I it y I I I zoning map shall be kept on file at the City Hall, City of Dania, I( and shall be available for inspection by the public at all times. I The building inspector shall have the duty of maintaining the zon- ing map by coloring, notations, references and other information, all for the purpose of showing by visual inspection the particular i I zoning classification assigned to any particular lot, parcel or i tract within the boundaries of the city, and such zoning map shall also be maintained so as to reflect any changes in zoning which may be authorized by the city commission from time to time in the future. I Said zoning map shall be maintained on the base subdivision map of City of Dania which was prepared by Richard B. Wiggins, land surveyor, in June, 1974. Said zoning map, when completed, shall be deemed to dd� be a part of this chapter by reference and the various notations, 1 _ references and other information or data shown thereon shall be deemed as much a part of this chapter as if such matters and in- formation shown thereon were all fully described and set out in 1 full herein. Sec. 33-4. Compliance with provisions generally .-- Every applicant for a building permit in the City of Dania and every owner of real property in the City of Dania shall comply with the follow- ing general provisions, except where specific exception may be made in other sections of this chapter, to wit: (1) No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located. (2) No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located. (3) No lot area shall be reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this chap- ter, nor shall the density of population be increased in any man- ner except in conformity with the area requirements established I I 19 .. herein. (4) No yard or other open space provided about any building ' for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building; provided, further, that no yard or open space on an adjoining property shall be considered as providing a yard or open space on a lot whereon a building is to be erected. (5) Every building hereafter erected shall be located on a lot as herein defined. (6) In every instance where a building improvement may be connected to the sanitary sewer system of City of Dania, such building shall be so connected in accordance with the require- ments of the separate ordinances of the city governing sanitary sewers. However, in any area of the city where septic tanks are still permitted, all waterfront lots and lots without alleys must have septic tanks in the front yard areas. Sec 33-5 Nonconforming uses.-- Nonconforming uses in the City of Dania shall be governed by the follow- ing terms, conditions or provisions: (1) Existing buildings. The lawful use of a building (except any use which may have been permitted under a temporary nonconforming permit) existing at the time of the adoption of this chapter may be continued although such use does not conform to the provisions of this chapter. Such use may be extended throughout the building, provided no structural alterations except those required by law .I or ordinance, or ordered by an authorized officer to assure the safety of the building, are made therein. No such use shall be extended to occupy any land outside such building. If such non- I conforming building is removed, or the nonconforming use of such building is discontinued for a continuous period of ninety days, every future use of such premises shall be in conformity with the provisions of this chapter. 20 II i Y i (2) Lands. The lawful use of land (except such use as per- mitted under temporary nonconforming permits) existing at the time of the adoption of this chapter, although such use does not conform to the provisions of this chapter, may be continued, pro- vided, however, that no such nonconforming use shall be enlarged ior increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at I the time of the adoption of this chapter. If such nonconforming use is discontinued for a continuous period of ninety days, any e future use of the land shall be in conformity with the provisions i jof this chapter. Where land is used at the time of the adoption I - of this chapter for a use excluded from the district in which the I land is located, and such use is not an accessory to the use of a I main building located on the same lot or grounds, such nonconform- ing use of bland shall be discontinued and all materials completely I removed by its owner not later than two years from the date of the adoption of this chapter. a y (3) Structural alterations. If no structural alterations are made, a nonconforming use may be changed to a use of the same or 9 higher classification, according to the provisions of this chapter. ��- When a district shall hereafter be changed, any then existing non- conforming use in such changed district may be continued or changed { to a use of a similar or higher classification, provided all other i regulations governing the new use are complied with. Whenever a , Y } i nonconforming use of a building has been discontinued or changed i to a higher classification, or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower classi- fication. i (4) Building destroyed. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty per cent of its replacement value by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part 21 i f i I I I thereof which existed at the time of such partial destruction. (5) Previous ordinances concerning abandonment of non con- forming uses. Any previous ordinance adopted by the city com- mission of City of Dania concerning the tests or standards and concerning notices or procedures as to whether an existing non conforming use has been abandoned, if not in conflict with any provision of this section, is hereby ratified and approved and I shall remain in full force and effect notwithstanding any general repealer clauses which may appear at the conclusion of this chap- ter. Sec. 33-6. Plot or map to accompany applications for building per- mits• .affidavit to accompany application to enlarge nonconforming use.-- 3 Each application for a building permit shall be accompanied by a plot plan in duplicate, either blueprints, photostats or black and white prints, I ... drawn to scale, showing the actual dimensions of the lot to be built upon, 9 i shape and location of the building to be erected, and such other informs- I { i 1 tion as may be necessary to provide for the enforcement of this chapter. A record of such applications and plot plans shall be kept in the office of ,I the building inspector. Where application is made which, if granted, would 7 � enlarge an existing nonconforming use, the application shall be accompanied ! { i by an affidavit giving description of the premises and the nonconforming use existing on the date of the adoption of this chapter, and such other informs- Lion as may be required by the building inspector and the planning and zon- ing board of the city. Sec. 33-7. Determination of uncertain boundaries of zoning districts; standards or rules to apply.-- In applying the terms of this chapter to any particular lot, parcel or tract of land in the city and where uncertainty exists or appears as to the exact boundaries of any district shown on the official zoning map of the city, the following standards or rules shall apply: (1) Where such district boundaries are indicated as approxi- mately following street lines, alley lines or lot lines, such ' lines shall be construed to be boundaries. I i I 22 i I i F7 : I (2) Where any street or alley is hereafter officially vacated or abandoned, the regulations of a zoning nature which are pre- scribed by this chapter and which are applicable to each parcel of ' abutting property shall automatically apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. i (3) Where a district boundary line divides a lot in a single i i ownership at the time of the adoption of this chapter, the build- ing inspector may, in his discretion, permit a use authorized in either portion of such lot to extend to the entire lot. i 1 Sec. 33-8. Changes, exceptions and variances in regulations; time for reapplication,-- i Upon rejection by the city commission of any application for a change in zoning classification or for exceptions or variances in exist- ing zoning ordinances or regulations as same apply to any specific lot, tract or parcel of land in the city, a period of not less than twelve months shall elapse before the city commission will accept other, further i or new applications for the same change, exception or variance, regardless j of the identity of the petitioner. Specifically, the provisions of this section shall apply to a situation where the first application may be either i an application for a change in zoning or for a variance permit and where the ! second application requests the reverse of what was requested by the first I application. That is, if the first application is for a change in zoning and a later application is for a variance permit, said period of not less than twelve months shall elapse. Further, in a reverse situation where the first application is for a variance permit and the second application is for a change in zoning, the said period of not less than twelve months must also elapse. However, the said waiting period of twelve months may be reduced in any particular situation by the city commission if unusual conditions are presented to the city commission and if, by resolution, the city com- e j mission agrees to shorten or reduce the said waiting period of not less , than twelve months. Sec. 33-9. Leaving sufficient ground unoccupied for sewage disposal system.-- 23 i i � I I I i Regardless of other provisions of this chapter, under all classifica- tions and in all districts, either residence, business or industrial, and I regardless of whether the existing sanitary sewer system of the city ex- tends to a particular lot, tract or parcel, there shall always be Suf- ficient ground left unoccupied by a structure for a proper sewer system for sewage disposal, in full compliance with all separate ordinances of the city concerning sanitary sewage disposal. Plot plans accompanying i building permit applications shall show clearly the proposed sewage dis- posal system. j • Sec. 33-10. Permit not to authorize violation of chapter; correc- tion of errors in plans and specifications.-- With respect to the possible issuance, in error, of a permit which may appear to authorize some type of construction in violation of the provisions f of this chapter or other ordinances of the city, the following Provisions i shall apply: (1) The issuance or granting of a permit or the approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of any violation of any of the pro I i visions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid except f insofar as the work or use which it authorizes is legal. � � I (2) The issuance of a permit upon plans and specifications - shall not prevent the building inspector from thereafter requir- ing the correction of errors in the plans and specifications, or preventing building operations being carried on thereunder when in violation of the code. Sec. 33-11, Subdivisions; Plots to be furnished cit ,-- The owners of lots or parcels of land within the corporate limits of the city as now defined or as may hereafter be defined as the corporate limits of the city, who shall subdivide or lay out such lots or grounds into a subdivision, shall as a condition precedent to the official ac- ceptance and approval by the city commission, of a plat of such subdivi- sion, first fully perform and comply with the following conditions and 24 1 d � t Provisions: j (1) Profiles to be submitted. .• i Every Person proposing to sub- divide property shall furnish� along with each subdivision plat, ja plan showing profiles of all streets and grade line of paving to be constructed q , together with all culverts or other existing or proposed drainage structures. All elevations shown must be re- ferred to United States Coast and Geodetic Survey mean sea level. ! (2) Paved streets. Every person proposing to subdivide property shall pave all streets contained in the subdivision or show n on the - j subdivision plat and all such paving shall st rictly conform to the specifications of the city. Due notice of� intention to be con- struction shall be f' begin h j filed with the city manager and building Spector, in order that arrangements in for inspections may be made. The city manager shall furnish paving specifications upon request. �• (3) Width of street ri ht of wa s. All street right of ways shown on any proposed plat shall be f at least sixty feet wide. (4) Bond. In the event the plat of a subdivision is to be filed before the paving is completed j the owner shall furnish a good and sufficient bond, conditoned up on the completion of all : required paving within a period not to exceed six months, and j in an amount equal to five dollars ($5.00) per square yard of area to be paved. I (e) Filling. The Ow ner shall fill all lots in the subdivi- sion to a height equal to the crown of the next adjacent stre road or avenue. et, Sec. 33-12. Su lements charter.-- , The provisions of this chapter shall supplement, and be in addition to, any requirements on the same subject which may appear in the charter of the city, as such charter may have been amended (or is) amended from time to time under the Municipal Home Rule Pow ers Act or as such charter may be amended by any provisions of this chapter (which is an ordinance) under the Municipal Home Rule Powers Act. i Sec. 33-13. Restaurants, dining rooms in hotels; a artments.-- 25 I i i A restaurant, public dining room or other service customary to hotels and apartments may be located therein as an accessory use. No such business shall be operated in residential districts except in connection with hotels of thirty-five rooms or more, or in apartment buildings with twenty apart- ments or more. No such accessory business shall have an outside entrance I onto a street. i Sec. 33-14. Exceptions to side and rear yard spaces In the application of this chapter, certain exceptions to side and t rear yard spaces may be made in the following situations: (1) Porte cocheres, car shelters and similar buildings �- where attached to the main building may have eaves extending to 1 within two feet of the lot line, providing the structure is l) open on three sides, and supported by posts or columns spaced not closer than four feet apart, and without intermediate lattice- work, grilles, louvres, jalousies, curtains or other obstruc- tions. 1 � (2) The space in a side or rear yard shall be open and unob- structed except for Porte cocheres, if allowed. The ordinary projection of windowsills, and belt course, and projecting cor- nices, eaves or ornamental features shall not exceed one-third of side yard setback. Chimneys or flues not exceeding in hori- zontal section five square feet may project in a side or rear yard. An open or lattice-enclosed metal fire escape may pro- ject not more than four feet in a side or rear yard. The bot- tom of such fire escape shall not be less than seven feet above the ground. Sec. 33-15. State Road A-1-A, minimum floor level of commercial buildings.-- i The minimum floor level of all commercial buildings and structures hereafter erected upon any premises abutting State Road A-1-A (Dania Beach 1 Boulevard) be and the same is hereby established at eight inches. Secs. 33-16 to 33-28 inclusive. -Reserved.-- i 26 I I 1 I I i ARTICLE II. ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES i Sec. 33-29. Accessory buildings in residential districts.-- . i With respect to the construction of accessory types of buildings in residential districts, the following provisions shall apply: i (1) The following accessory buildings will be permitted in i } residential districts: Private garage, garden house, or structure of same classification. Accessory buildings shall not be over twenty- four feet in height except that on lots of greater area than one J� acre, an accessory building shall not be more than twenty-five feet - in height; providing it is located not less than thirty feet from every lot line. The, total area of.accessory buildings shall not be greater than thirty-five per cent of the rear yard area. No accessory buildings shall be built closer than ten feet to any , rear line which is a street or alley line, or, in the case of corner lots, closer than fifteen feet to any side street line ex- cept as elsewhere provided. Where there is no alley, the set- back is to be five feet except no living quarters allowed in the garage. (2) No private garage will be allowed in residential dis- tricts in which is conducted any business. one commercial ve- hicle of not more than one-half ton capacity may be stored in any private garage in a residential district. Space shall not be leased for a commercial vehicle. i i (3) No accessory buildings which contain living quarters shall be built on any lot in RS-6,000 district, RS-8,000 dis- tract, RS-12,000 district, RD-6,000 district, RM-12 district, RM-15 district, RM-17 district, RT-11 district and RC-5 dis- trict, except servants' quarters for persons (other than the 1 77j immediate family) employed on the premises. f Sec. 33-30. Detached buildings in residential districts.-- With respect to the construction of detached types of buildings in j residential districts, the following provisions shall apply: 27 I o j I I I (1) No detached garage or other buildings shall be constructed, placed or erected or I , permitted to be built until after or at the j time of the construction of the residence; no garage or other i • outbuilding shall be constructed or erected on a corner lot within fifteen feet of any side street line. Whenever the main building is on the rear of the lot, not over twenty per cent of the front yard area shall be occupied by accessory buildings. ' + (2) No accesory building shall be built in the front yard ' more than one story, or thirteen feet in height. t (3) All accessory buildings built in the front yard shall 1 conform to the front and side yard restrictions for residence r dwellings in the district in which they are built. Sec. 33-31. Fences, walls hedges, etc.--on lots in residential dis- tricts.-- No fence, wall, structure, hedge, continuous planting or other obstruc- tion shall be Erected, placed or maintained on any lot line, or within five i i feet of any lot line in residential districts, more than five feet in height ' to the front property line. Walls between the front building line and the front lot line shall not be more than three feet in height, measured from the natural contour of the ground of adjoining lots or the particular lot (whichever is lower) except where some particular or unusual circumstance may warrant an adjustment or change which is approved by the planning and ....,�'•` zoning board of the city, i Sec. 33-32. Fences, walls, hedges, etc.--on corner lots in resi- dential districts.-- I On a corner lot in a residential district, no fence, wall, structure, , hedge, planting, foliage or other obstruction shall be erected or established i within twenty-five feet of the corner which will obstruct the view of a driver of a vehicle approaching a street intersection, and in no case shall be of a height greater than three feet above the abutting street i level. j Sec. 33-33. Fences, walls, hedges, etc.--in commercial districts.-- In commercial districts where a lot is used for residential purposes I 28 i I � f � � i I. I ' only, and an adjoining lot is used for residential purposes only, the pro- visions of section 32-31 shall apply. Sec. 33-34. Lots of small width in residential districts.-- Where lots of less width that the width allowed in residential dis- tricts are existing, according to a recorded plat at the time this chapter becomes effective, the provisions and regulations applying to the parti- cular district in which the lot is located shall apply to the extent and j so far as practicable. In case of doubt or dispute, the issue shall be i referred to the planning and zoning board of the city for decision. jSec 33-35. Heights of structures near airports.-- With respect to any structure of any type which is proposed to be constructed in the city but near, or in proximity to, any airport or within the flight path approaching the airport, the applicant for a i i permit must comply with all regulations of the Federal Aviation Au- i I thority (and any other governmental agency having jurisdiction) and have the approval of the Federal Aviation Authority (and any other govern- i mental'agency having jurisdiction) before the city shall issue a permit I allowing the construction of the structure. In the event the building i inspector of the city believes that any proposed structure may be in con- flict with any governmental rules or regulations governing the height and location of structures near the Fort Lauderdale-Hollywood International i ,t Airport or in the flight patterns or approaches to such airport, the build- • i ing inspector shall decline to issue a permit to allow the construction of i the structure until he first obtains a favorable approval or recommendation I ' from the manager of such airport. Sec 33-36 Residential buildings in commercial districts.-- • Where the construction of a single family, two-family or multiple- family dwelling is erected in any district having a commercial zoning classification, the following provisions shall apply: I (1) Site area. No residential type building shall be erected on a site having an area less per family than is required under the minimum provisions stipulated for the RM-12 district. (2) Front, side and rear yards. Residential types of buildings i 29 I 1 '1 i i I i erected in commercial districts shall conform to the front, side and rear yard requirements -as stipulated for RM-12 district. j Sec. 33-37. Space for fire equipment around sites used for manu- facturing and industrial purposes.-- Ample and adequate space, as determined by the building inspector and the fire chief, shall be left around and about each building erected for i i manufacturing or industrial purposes to permit ready and easy access of fire-fighting equipment in case of fire. jSec. 33-38. Setback requirements at rear of commercial building abutting 1 on alley or street, etc.-- I j Where the rear of a commercial building abuts on an alley, or a street less than twenty feet in width, provisions shall be made in the design of such structure to provide, by means of ample setback or recessed loading bays, for loading or unloading. The building inspector shall be the sole judge fas to the adequacy of the loading areas which are provided if the design of Ithe structure does not allow for trailer truck loading and unloading com- pletly off of the alley. Sec. 33-39. Buildings erected in commercial districts bordering water- ways; plans to be submitted to city I — y planning and zoning board.-- j All plans for buildings to be erected on lots or plots bordering on i i waterways in commercial districts shall be submitted to the city planning and zoning board for approval, or correction, before any building permit shall be issued. The plot plan shall show the location of the main build- ing, distance from waterway, and the existing buildings or structures in respect to lot boundary lines. j Sec. 33-40. Boat slips and docks; construction on waterway of resi- dence.-- The following provisions shall apply to the construction of boat slips i and docks on the waterway of a residence: (1) Private boat slips and docks may be constructed by the owner of any lot where a residence exists on the lot, but such i, � construction shall be in conformity with all applicable ordinances of the city. Such docks shall not extend into the waterway a i 30 I I distance greater than five feet beyond the property line. Boats docked in residential areas cannot be used as living quarters. (2) No boathouse or other permanent covering for any boat will be permitted. Canvas shelters or removable pipe or wood frames conforming to the height requirements as set forth for ac- cessory buildings will be allowed. A building permit shall be required for all such structures. Sec. 33-41. Setback, corner lot, residential districts.-- The setback requirements for corner lots in any areas in any residen- tial district shall be as follows: ' (1) The setback for a residence on a corner lot shall be twenty-five per cent of the width of the lots, but need not be more than twenty-five feet. j (2) Where the side street of a corner lot is set up as hav- ing a greater width under the street widening program previously j and formally adopted by the city commission, the side yard adja- cent to such street shall be five feet more in width than that re- quired by sub-paragraph (1) of this section. Sec. 33-42. Trailer courts or mobile home courts within city pro- hibited.-_ �.. ? No trailer court or mobile home court shall be permitted within the limits of the city. However, those trailer courts or mobile home courts which are already in existence as of the effective date of this chapter shall be allowed to continue but cannot expand in area or capacity. For the purposes of this section, a trailer court or mobile home court shall be deemed a commercial enterprise where house trailers, mobile homes, travel trailers, campers, self contained motor homes on wheels and like types of vehicles are located, either pemanently or temporarily, and with- out regard as to whether the wheels on such vehicles have been removed in order to give an appearance that the vehicles are permanently located as structures or real estate improvements. Sec. 33-43. Public buildings; plans and locations to be approyed *by the planning and zoning board.-- 31 i i� i R ss i I 1 i `•' 1 Any provision to the contrary notwithstanding, public buildings may be erected in any zoning district in the city, provided, however, that the plans and location for any such public building shall first be pre- sented to the planning and zoning board and approved by such board be- fore a building permit shall be granted. Sec 33-44 Traveling circuses carnivals, outdoor shows, etc._ if approval to operate by chief of police.--The operation of any type of traveling circus, carnival, outdoor show and like amusements of a transient nature in the city shall be governed by the following provisions: i � (1) Traveling circuses, carnivals, outdoor shows, amusement parks, devices and exhibitions, and all such operations, avoca- tions or businesses operating under tents or in temporary build- ings or structures shall not be permitted in the city except upon approval of the chief of police and city commission. i (2) Nothing herein contained is intended to apply to local shows or amusements held in theaters, auditoriums or permanent i buildings in the city. Further, nothing herein contained is in- j i tended to apply to any amusement park established in the city on a permanent basis prior to the effective date of this chapter and located in an AP district. Specifically, without limitation on jthe foregoing, this section shall apply to traveling shows, carni- vals, fairs, exhibitions and the like which are transient in nature and which operate only for temporary periods. Secs. 33-45 to 33-54 inclusive. Reserved.-- ARTICLE III. STREET WIDTHS i Sec 33 55 Adoption of master plan map for street widening program.-- The master plan map of City of Dania, prepared by Anthony F. Pimentel, planning consultant, Fort Lauderdale, Florida, as city planner, approved 1 by the planning and zoning board on July 6, 1954, and approved by the city commission on July 6, 1954, said map being on file with the city clerk-audi- tor, as amended or revised from time to time by action taken of record by 32 I i I I the city commission, is made a part of this section by reference. For the purpose of promoting health, safety and the general welfare of the community, and to lessen congestion in the streets, in order to secure safety from fire, panic, storm, hurricane or other causes, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to provide adequate facilities for I transportation, parking, water and sewerage, and to conserve the value Of buildings and encourage the most appropriate use of lands, the new h street lines so established and indicated on such master plan, together with any additional streets, avenues and thoroughfares which have been the subject of ordinance or resolution since July 6, 1954, with respect j to street widths, are hereby considered and determined to be the exist- ing street lines of) such streets and the use of such lands is hereby ' zoned accordingly. Sec. 33-56. Setback requirements and street widths.-- The setback requirements and street widths as to particular streets in City of Dania shall be governed by the following provisions: ) {o (1) Certain main arterial thoroughfares of the city are hereby designated and determined to have a greater width than ! i fifty feet, and no building of structure shall be erected or lo- cated upon any property abutting such streets and avenues closer to the centerline of such streets than one-half of the indicated ' •�� � and designated width of such streets, to wit: � I The right of way of Federal Highway (U. S. High- way No. 1) from the Dania Cut-Off Canal North to s the North city limits shall be 106 feet, more or i less, to be actually measured (on each side) as 53 feet from the centerline; The right of way of Phippen Road from S. v7. 1st Street South to Dixie Highway shall be 72 feet, more or less; The right of way of S. W. Dixie Highway, from the Florida East Coast Railway Southwesterly to the South city limits shall be 72 feet in width, more or less; I. The right of way of Federal Highway (U.S. High- way No. 1) from N. E. 1st Street North to the Dania Cut-Off Canal shall be 94 feet, more or { less; 33 i. 17 i I a '' I The East right of way line of Federal Highway (U. S. Highway No. 1) , from S. E. lst Street North to N. E. lst'Street, shall remain as it presently is; The West right of way line of Federal Highway (U. S. Highway No. 1) , from N. W. 1st Street South to Dania Beach Boulevard, shall be 86 feet, more or less, to the West of the exist- ing East right of way line; I The West right of way line of Federal Highway (U. S. Highway No. 1) , from Dania Beach Boule- vard South to S. W. 1st Street, shall be 83 feet, 5 inches, more or less, to the West of the existing East right of way line; The right of way of S. W. 1st Avenue and N. W. 1st Avenue, from S. W. lst Street North to N. W. 3rd Street, shall be 5o feet, measured 24 feet East of the present centerline and 26 feet West of the present centerline; The right of way of. Federal Highway (U. S. High- way No. 1), from S. E. 1st Street South to Dixie Highway (on the West) and to s. E. 7th Street (on the East), shall be 94 feet, more or less; n I The right of way of Federal Highway (U. S. High- way No. 1) , from Dixie Highway and S. E. 7th Street (on the East) South ht W the)South city limits, shall be 80 feet, more or less; i 'f The right of way of Sheridan Street from the East !! city limits to Federal Highway (U. S. Highway No. 1) shall be 50 feet, measured 50 feet North of the section line; j The right of way of West Dania Beach Boulevard, 1 from Federal Highway (U. S. Highway No. 1) West- ward to the West city limits, shall be 120 feet, i more or less; ! The right of way of s. E. 7th Street (measured �•^ from the North right of way line of the street) , from Federal Highway (U. S. Highway No. 1) to S. E. 2nd Avenue, shall be 50 feet; The right of way of s. W. Park Street (measured from the present North right of way line of the street), from S. W. lst Avenue to S. W. 3rd ' Avenue, shall be 56 feet; The right of way of s. W. lst Street (measured from the present South right of way line of the street) , from S. W. 3rd Avenue to s. W. 1st Ave- The shall be 56 feet; The right of way of S. W. 3rd Avenue and of N. W. 3rd Avenue, from s. W. 1st Street to N. W. let Street, shall be 53 feet; The right of way of Tigertail Road, from the Florida East Coast Railway on the East to the City limits line on the West, shall be 70 feet; i i 34 t J . l I I i I I The right of way of N. W. 3rd Avenue, from N. W. let Street to N. W. 3rd Street, shall be 47 feet, 3 inches; The right of way of Stirling Road, from the Florida East Coast Railway on the East to the city limits on the West, shall be 72 feet, 5 inches; The right of way of S. W. 10th Street (measured from the present South right of way line) , from Federal Highway (U. S. Highway No. 1) to S. W. 2nd Avenue, shall be 50 feet; The right of way of S. W. Dixie Highway, from Federal Highway (U. S. Highway No. 1) South- westerly to the Florida East Coast Railway, shall be 66 feet, more or less, to be actually measured • (on each side) as 33 feet from the centerline of the present paving; The right of way of S. W. 12th Avenue and N. W. 12th Avenue, from the South city limits to Broward Road, shall be 35 feet East of the section line (which said section line is approximately parallel to, and coincides with, the centerline of said S. W. 12th Avenue and N. W. 12th Avenue) as to any parts of either S. W. 12th Avenue or N. W. 12th Avenue where only approximately the East one-half of the right of way is within the limits of the city. As to remaining parts of either S. W. 12th Avenue or N. W. 12th Avenue which are wholly within the city, the right of way shall be 70 feet, to be actually measured (on each side) as 35 feet from the centerline; The right of way of N. E. 1st Avenue and S. E. 1st Avenue, from S. E. 2nd Street North to N. E. 2nd Street, shall be 48 feet, more or less; The right of way of N. E. 1st Court and N. E. 2nd Avenue, from Dania Beach Boulevard to N. E. 1st Street, shall be 62 feet, more or less; The right of way of N. E. 5th Avenue and S. E. 5th Avenue, from Dania Cut-off Canal to Sheridan Street, j - shall be 70 feet; The right of way of S. E. llth Terrace, from S. E. 2nd Avenue to the Eastern boundary of the city, shall be 60 feet; I The South one-half of the total right of way of N. W. loth Street, from the Federal Highway (U. s. Highway No. 1) West to the Western city limits, shall be 35 feet (that is, the South right of way Of N. W. 10th Street from the Federal Highway (U. S. Highway No. 11 to the Western city limits, shall be 35 feet measured from the centerline thereof) ; The dedicated portion and the used portion of such streets, ave- nues and public ways, if any, shall constitute a portion of such street right of way. The city engineer shall determine {{ 35 I I ,L� f i ) and fix the exact location of such streets, avenues and public j ways. i (2) All other existing or dedicated streets (as of the effec- tive date of this chapter) which are not hereinabove designed I as having a greater or different width are hereby designated and determined to have a width of 50 feet, and no building or other structure shall be erected closer than 25 feet to the centerline of such streets, avenues and public ways. The dedicated portion of such streets, avenues and public ways, if any, shall consti- tute a portion of the 50 foot street right of way. The city en- gineer shall determine and fix the exact location of such streets, avenues and public ways. (3) As to all new plats of proposed subdivisions which are presented to the city commission for approval, such plats shall show a total dedicated width for all streets and avenues of 60 + feet, or more. Specifically, by this chapter, the city commis- sion of City of Dania hereby determines and ordains that the mini- mum width for any newly dedicated street or avenue which ap pears in any new plat of a proposed subdivison shall be not less than 60 feet. Further, in any situation where a property owner offers to dedicate or grant an easement or right of way for public street ipurposes and if such dedication or grant requires the approval or consent of the city, such approval or consent shall not be given i unless the proposed easement or right of way for public street purposes has a width of at least 60 feet. (4) In determining the setback requirements for any building proposed to be erected, the setback requirements hereinabove pro- vided for in the previous subparagraphs of this section shall be construed as being minimum setbacks and shall not be construed I as repealing in any manner any existing setback requirements i i stated in other parts of this chapter or in any independent ordi- nances concerning the subject. If under different sections of this ordinance a greater setback for a building is required than I 36 i i i may be required by the previous subparagraphs of this section, such greater setback requirement shall be enforced. Seca. 33-57 to 33-66 inclusive. Reserved.-- ARTICLE IV. DISTRICTS DIVISION 1. RS-6,000 - SINGLE FAMILY RESIDENTIAL DISTRICT i i Sec. 33-67. Creation of the district.-- I A zoning district, zoning area or zoning classification, to be known � as "RS-6,000 district" is hereby created. Sec. 33-68. Purpose of RS-6,000 district.-- The purpose of the RS-6,000 district is to provide suitable sites for +� the development of detached single-family residential dwellings on rela- tively small urban lots. Sec. 33-69. Uses permitted in RS-6,000 district.-- The uses which are permitted in the RS-6,000 district, or the types of 1. buildings or structures which may be constructed or erected on a lot, par- cel or'tract having an RS-6,000 zoning classification, are as follows: (1) Single family detached residential use; (2) Church, temple, synogogue or similar place of worship, if approved by the city commission after a public hearing before l both the planning and zoning board and the city commission; (3) Public park or public beach; j (4) Private dock; and (5) Accessory buildings of the type allowed by section 33-29 of this chapter. Sec. 33-70. Site development standards for RS-6 000 district.-- No permit shall be issued for the construction of any type of build- ing improvement on a lot, parcel or tract having an RS-6,000 zoning classi- fication unless the plans submitted to the city show that the site shall be developed in accordance with the following minimum standards: (1) Lot size. The minimum lot size required for each single family dwelling or other permitted non-accessory use shall be not i less than six thousand (6,000) square feet. 3'7 I. I i (2) Lot width. The minimum width required shall be not less ithan sixty (60) feet. (3) Height. The maximum height of any structure, excepting ' churches, shall not exceed two and one half (2 1/2) stories or J) thirty five (35) feet. { (4) Setbacks. Minimum yard setbacks shall be in compliance Ji with the following requirements: fParticular Minimum side of yard setback Front 20 feet i Rear 15 feet i { Rear (waterway) 25 feet III Side 7 feet i Side (corner) 15 feet DIVISION 2. RS-8,000 - SINGLE FAMILY RESIDENTIAL DISTRICT ) ,y Sec. 33-71. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RS-8,000 district" is hereby created. 'W-'4 Sec. 33-72. Purpose of the RS-8 000 district.-- The purpose of the RS-8,000 district is to provide suitable sites for I ! the development of detached single-family residential dwellings on medium sized urban lots. Sec. 33-73. Uses permitted in RS-8 000 district.-- The uses which are permitted in the RS-8,000 district, or the types of buildings or structures which may be constructed or erected on a lot, par- cel or tract having an RS-8,000 zoning classification, are as follows: (1) Single family detached residential use; (2) Church, temple, synogogue or similar place of worship, j if approved by the city commission after a public hearing before both the planning and zoning board and the city commission; (3) Public park or public beach; i (4) Private dock; and I 38 I i f (5) Accessory buildings of the type allowed by section 33-29 of this chapter. Sec 33-74 Site development standards for RS-8,000 district.-- No permit shall be issued for the construction of any type of build- ing improvement on a lot, parcel or tract having an RS-8,000 zoning classi- ficiation unless the plans submitted to the city show that the site shall be developed in accordance with the following minimum standards: (1) Lot size. The minimum lot size for each single family dwelling or other permitted non-accessory use shall be not less than eight thousand (8,000) square feet. (2) Lot width. The minimum width required shall be not less _ than seventy (70) feet. (3) Reight• The maximum height of any structure, excepting churches, shall not exceed two and one half (2 1/2) stories or thirty five (35) feet. (4) Setbacks. Minimum yard setbacks shall be in compliance with the following requirements: Particular Minimum side of yard setback Front 20 feet Rear 15 feet ' Rear (waterway) 25 feet ' i Side 7 feet Side (corner) 15 feet DIVISION 3. RS-12,000 - SINGLE FAMILY RESIDENTIAL DISTRICT Sec. 33-75. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RS-12,000 district" is hereby created. Sec 33-76. Purpose of the RS-12,000 district.-- The purpose of the RS-12,000 district is to provide suitable sites for the development of detached single-family residential dwellings on rela- tively large lots with abundant open space. 39 j i i i I I I L I t� � � 1 i 1 I I I Sec 33-77. Uses permitted in RS-12,000 district.-- The uses which are permitted in the RS-12,000 district, or the types of buildings or structures which may be constructed or erected on a lot, par- cel or tract having an RS-12,000 zoning classification, are as follows: (1) Single family detached residential use; (2) Church, temple, synogogue or similar place of worship, j if approved by the city commission after a public hearing before both the planning and zoning board and the city commission; (3) Public park or public beach; (4) Private dock; and (5) Accessory buildings of the type allowed by section 33-29 of this chapter. Sec 33-78 Site development standards for RS-12,000 district.-- No permit shall be issued for the construction of any type of build- ing improvement on a lot, parcel or tract having an RS-12,000 zoning classi- fication unless the plans submitted to the city show that the site shall be developed in accordance with the following minimum standards: (1) Lot size. The minimum lot size for each single family dwelling or other permitted non-accessory use shall be not less than twelve thousand (12,000) square feet. - (2) Lot width. The minimum width required shall be not less - than eighty five (85) feet. - . : (3) Height• The maximum height of any structure, excepting churches, shall not exceed two and one half (2 1/2) stories or thirty five feet (35) feet. i 1 (4) Setbacks. Minimum yard setbacks shall be in compliance with the following requirements: Particular Minimum side of yard setback I Front 35 feet Rear 25 feet f. Rear (waterway) 35 feet Side 15 feet 40 y I 1 c i I f 1 i j . ' Side (corner) 25 feet Secs. 33-79 to 33-99 inclusive. Reserved.-- DIVISION 4. RD-6,000 - DUPLEX RESIDENTIAL DISTRICT Sec. 33-100. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RD-61000 district", is hereby created. ' Sec. 33-101. Purpose of the RD-6 000 district.-- i The purpose of the RD-6,000 district is to provide suitable sites for the development of duplex residential dwellings on relatively small urban lots. i j Sec. 33-102. Uses permitted in RD-6,000 district.-- The uses which are permitted in the RD-6,000 district, or the types of buildings or structures which may be constructed or erected on a lot, par- cel or tract having an RD 6,000 zoning classification, are as follows: (1). Duplex residential use (that is, the use which will • permit or allow the construction on a lot, parcel or tract having an RD-6,000 zoning classification of a dwelling build- ]]� ing to be used, or intended to be used, as a place of resi- dence for not more than two families, with each family liv- ing unit to be completely independent of the other family living unit) . (2) Single family detached residential use; (3) Church, temple, synogogue or similar place of worship, if approved by the city commission after a public hearing before both the planning and zoning board and the city commission; j (4) Public park or public beach; ' (5) Private dock; and i (6) Accessory buildings of the type allowed by section 33-29 i of this chapter. j Sec. 33-103. Site development standards for RD-6 000 district.-- No permit shall be issued for the construction of any type of build- ing improvement on any lot, parcel or tract having an RD-6,000 zoning 41 _ f � r i f classification unless the plans submitted to the city show that the site shall be developed in accordance with the following minimum standards: (1) Lot size. The minimum lot size for each duplex, single I ' family dwelling or other permitted non-accessory use shall be not j less than six thousand (6,000) square feet. (2) Lot width. The minimum width required shall be not less than seventy five (75) feet if the rear of the lot does not face an alley. However, if the rear of the lot does face an alley, the I minimum width required shall be not less than sixty (60) feet. (3) Height. The maximum height of any structure, excepting churches, shall not exceed two and one half (2 1/2) stories or thirty five (35) feet. (4) Setbacks. Minimum yard setbacks shall be in compliance with the following requirements: Particular Minimum side of yard setback i Front 20 feet Rear 15 feet Rear (waterway) 25 feet Side 7 feet ys Side (corner) 15 feet I (5) Location of off-street parking. The plans submitted to the city at the time that application is made for a building per- i mit shall show the location of off-street parking spaces, with the number and size of such spaces (as shown on said plans) to I comply with the minimum requirements of Article V. of this chap- ter concerning off-street parking. DIVISION 5. RT-11 - TOWNHOUSE RESIDENTIAL DISTRICT i Sec. 33-104. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RT-11 district", is hereby created. Sec. 33-105. Purpose of the RT-11 district -- 42 ) I e The purpose of the RT-11 district is to provide suitable sites of suf- ficient size to permit the creation of well planned, environmentally com- patible, low density and somewhat self-contained townhouse residential • neighborhoods. i Sec. 33-106. Uses permitted in RT-11 district.-- . � � The uses which are permitted in the RT-11 district, or the types of buildings or structures which may be constructed or erected on a parcel or tract having an RT-11 zoning classification, are as follows: (1) Townhouses. Townhouses, which are defined for the pur- poses of this section as three (3) or more attached single family dwelling units, with each of the units to be capable of being 1 reasonably and ordinarily owned individually, in fee simple, separately from the remaining units and with each unit to be served { by separate utility services. _ (2) Accessory uses. Accessory uses, which are designed in a ' manner compatible with townhouse residential units and which re- J alate to or serve the common needs of all inhabitants in a particular townhouse project, shall be permitted. Accessory uses shall in- clude, but not be limited to, recreation buildings, swimming pools, play fields, utility buildings, maintenance buildings and other sim- ilar uses. Sec 33-107 Site development standards for RT-11 district.-- iNo permit shall be issued for the construction of any type of build- ing improvement on any parcel or tract having an RT-11 zoning classifica- tion until after a general site development plan has been first approved - I by resolution of the city commission adopted in accordance with the re- quirements of section 33-108 of this chapter and unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract shall be developed in accordance with the following minimum standards: (1) Tract size. The minimum required size of the parcel or tract on which a group of related townhouses forming one overall townhouse development project being developed or constructed at j 43 j I i. I I I o . i > or about the same general period of time by a developer shall be ten (10) acres. ' (2) Lot size. The minimum lot size for each individual town- house unit shall be not less than two thousand (2,000) square feet and the average lot size for all townhouse units within the less than two thousand four hundred complete project shall not be (2,400) square feet. (3) Density. The maximum number of dwelling units permitted per acre in any townhouse development shall be eleven (11) town- house units (or dwelling units) per acre. In making computations i to determine whether an application for a building permit complies with said maximum density limitation, the calculations shall not in- elude either peripheral public rights of way or more than fifty (50) per cent of any on site lake included totally within the pro- ject under consideration. ' i f (4) Height. The maximum height of a townhouse building struc- ture shall not exceed two (2) stories or 25 feet, whichever is less. (5) Groupings. The total length of any group of townhouses in any one composite building structure shall not exceed six (6) i individual townhouse units or two hundred (200) feet. j ,A (6) Setbacks. Setbacks for dwelling unit structures in a town- house residential district shall comply with the following minimum i i requirements: Particular side of yard, parcel or tract where the structure Minimum Other restrictions, is located setback conditions or limitations When off-street parking is provided on the lot or im- mediately adjacent area where Front 15 feet the structure is constructed, the minimum front setback shall be 30 feet instead of 15 feet. Further, no more than three consecutive units shall have the same setback. 44 • 1 (continuation of headings) Particular side of yard, parcel or tract where the structure Minimum Other restrictions, is located setback conditions or limitations Rear 20 feet The side setback shall be Side (between 30 feet unencumbered with any struc- ! groupings) tares, off-street parking area, street or driveway. Units and parking located at intetions Side (corner) 15 feet bereet set back rorclocatedhinlsuch a manner as not to obstruct visibility at the intersection. In to - other set- Project permimeter 15 feet backdion astrequirednabove. When adjacent to a major arterial highway, the project permimeter 7 setback will be 25 feet. (7) Parking. Off-street parking spaces shall be provided on a basis of 2.25 spaces per dwelling unit in any townhouse resi- dential district. Two of these spaces shall be located not further than 150 feet from the unit it is intended to serve. The remaining .25 of a parking space required per dwelling unit shall be allocated for guest parking and conveniently located to serve identifiable clustered groupings. When the two reserved spaces are located di- rectly in front of, or behind, the townhouse structure, a minimum unit width of 22 feet shall be required. (S) Streets. All public street dedications and improvements i shall meet all applicable ordinances of the city regarding the subject of public streets including, but not limited to, such matters as grades, widths and quality of construction. Private streets shall have a minimum pavement width of 22 feet. When landscaped medians are provided, the pavement width for each di- rection shall be 14 feet. Streets shall be approved as to all ! other design specifications by the city engineer and maintained under the provisions as set forth in sub-paragraph (11) of this I section. i I 45 i i j I I (9) Pedestrian ways. All townhouse units shall be connected by an unobstructed pedestrian way, relating to either the front or rear of the unit, leading to all common recreational areas and open spaces designed for and intended for use by the occupants i of the unit. Pedestrian ways or sidewalks, constructed of con- crete, tile, paving block or brick, shall connect each unit to its reserved off-street parking spaces, as required in sub-paragraph i (7) of this section. i (10) Landscaped open space. Each townhouse residential project shall be required to provide the following landscaped open space: ) (a) There shall be provided a minimum of twenty (20) trees per gross acre. Trees shall be a minimum of eight (8) feet in height at the time of planting. All required landscaping and trees shall be installed prior to the is- 4 suance of a certificate of occupancy. c 1 (b) A minimum of thirty-five (35) percent of the j gross project area, excluding peripheral public rights i ! of way, shall be provided as common open space. Said common open space shall be unencumbered with any struc- ture, off-street parking area, street or driveway and shall be landscaped and well maintained with grass, trees 1 j and shrubbery, excepting only areas used for active rec- reational purposes, such as swimming pools, tennis courts, pedestrian ways, recreation buildings and other similar uses. Golf course areas, regardless of size, shall not account for more than twenty five (25) per cent of the required common open space. Water areas, including those within golf courses, shall account for not more than twenty five (25) per cent of the common open space I requirement. (c) on each individual townhouse site, there shall be provided at least five hundred (500) square feet of i i private ground level outdoor living area. Said area 46 1 I I � n f shall not include areas allocated for off-street parking, driveways or service areas. At least fifty (50) per cent of the required five hundred (500) square feet shall be sodded or extensively landscaped. (d) All private outdoor ground level living areas shall be enclosed with a six (6) foot high privacy fence with a life expectancy of not less than ten (10) years. Units which face, and are immediately adjacent to, lakes, golf courses or open space areas may have the required rear fence section reduced or removed for direct exposure to said open areas. All outdoor trash receptacles and service areas shall be visually screened from public I view. i I (11) Maintenance Of common areas and facilities. Provisions i satisfactory to the city attorney shall be made to assure that all non-public areas and facilities for the common or joint use I of all project residents shall be maintained in a satisfactory +I manner without expense to City Of Dania. Such assurance may be provided by the incorporation of an automatic membership home i association for the purpose of continuously holding title to such areas and facilities and levying assessments against each town- house unit for the purpose of paying taxes and maintenance. Such non-public areas and facilities may include, but not be limited to, recreational areas, Off-street parking bays, private streets, sidewalks, street lights and common open and landscaped areas. Other methods may be acceptable if the same positively provide - for the proper and continuous payment of taxes and maintenance without expense to City of Dania. Where the character and loca- tion of common open space would benefit the general public, the ' city shall have the option of requesting and accepting, with the approval of the developer, the dedication of any of said common open spaces to the city for the use and benefit of the general Jpublic. At such time as the city accepts any such dedication, it 4'7 1 I f i i I _ i I shall assume the responsibility for the maintenance of the specific i open space areas which are the subject of the dedication. Sec. 33-108.--Approval of site development plan regarding overall I i development of a particular building project on a parcel or tract hav- ing an RT-11 zoning classification.-- Before a permit shall be granted by the city to allow the construc- tion of a townhouse residential project on a parcel or tract having an RT-11 zoning classification, the developer of the general or overall townhouse residential project which is being developed or constructed on the parcel or tract shall apply to the city for the approval of a site 1 jdevelopment plan which shall be submitted by the developer to the city 1 and which shall be in accordance with the following requirements or which shall meet the following standards: (1) Matters to be shown on site development plan The site development plan shall be a physical drawing, plan or architectural .5 i projection (together with any related specifications, notes or 1 I explanations which may be appropriate in a particular circumstance) , drawn to scale and which shall show generally, in proper and clear form and dimension, the following: j - (a) The location, size, density, height, groupings and i setbacks of each and every type of improvement which the developer proposes to construct on the tract and which, in the aggregate, will show compliance or fulfillment by I the developer (or applicant) of all of the terms, condi- tions and requirements required as minimum requirements (under the several terms, conditions, restrictions and limitations stated in section 33-107 of this chapter) for j the construction of townhouse residential apartments on the particular parcel or tract which constitutes the site of the proposed development and which is the subject of the developer's application to the city. (b) Specifically, without limitation on any of the re- quirements which may be set forth in sub-paragraph (a) of 48 i i i 1 ' I _ 4 1 i sub-section (1) of this section, the site development plan shall show generally the following: (i.) The location, area, dimension and size of the plot, parcel or tract which is the subject of the application and which the developer or applicant proposes to use as a site for the de- velopment and construction of townhouse residen- tial apartment units or buildings on the plot. (ii.) The location, general character, size, height and setback or all buildings, stuctures, improvements and uses on the plot, including walls, fences and hedges. 1 (iii.) The location, character and enclosure of all outside facilities, accessory buildings, recreational facilities, pumps, sewerage and garbage disposal facilities and any related ) types of uses. . (iv.) All curb cuts, driveways, parking 3 I areas, loading areas, service areas, streets, sidewalks, public ways, easements and dedica- tions. ¢ (v.) Location, size, character, height and orientation of all signs that the applicant may propose to construct. (vi.) A general plan of the landscaping and trees which the applicant proposes to install. (vii.) The finished grade and elevation of the plot, parcel or tract which is the subject of the application. I (viii.) Any and all information which the city must have available to it in order to determine that the overall improvement, construction and de- - velopment which is proposed by the developer or 49 r 1 1 ( ` a ; � I I ! applicant conforms to all of the applicable pro- visions of the within Division 5., concerning the � development and construction of a townhouse resi- dential project in an RT-11 district, as well as all other applicable ordinances of the city concerning JJ building, zoning and related matters. (2) Purpose of site development plan The sole purpose of a site development plan is to make available to the city all appli- cable information, in a convenient and readily understandable form, so that the city can determine whether the proposed im- provement, ' provement, construction and development of a townhouse residen- tial project complies with the within Division S. and all other applicable ordinances of City of Dania. It is not the purpose and intent of the requirement of a site development plan to re- ! quire or demand that any developer or applicant do any act, .._� or agree to any covenant, above and beyond the minimum require- ments of the within Division S. and all other ordinances of the i city which are applicable to a proposed townhouse residential Project. The requirement of a site development plan shall not ! i create any inference that the approval of such a plan is a dis- cretionary act on the part of the city and the city shall finally approve any site development plan for the construction of town- house residential units, if the plan complies with the minimum require- ments of the within Division 5. and all other applicable zoning and building ordinances of City of Dania. (3) Authority to submit site development plan before particular arcel or tract has been zoned into the zoning classification or t zoning district which allows the construction of the type shown . on the plan. By the adoption of the within comprehensive zoning ordinance (that is, the within §33) , the city commission recognizes that, ordinarily, a parcel or tract of land should have, or bear, the appropriate zoning classification permitting the type of construc- tion which a developer proposes on a site development plan before 50 j : i I the actual receipt and review or consideration by the city of a pro- posed site development plan. However, the city commission further j recognizes that a developer requesting rezoning of a particular parcel ' or tract into a certain zoning classification or zoning district i (RT-11, for example) may also desire a simultaneous consideration I by the appropriate advisory or governing bodies of the city of ! a site development plan (permitting the construction or develop- ment of a townhouse residential project, for example) . There- fore, in order to avoid a multiplicity of hearings on a generally related subject, the following optional procedures shall be per- mitted, allowed or recognized regarding the rezoning of a parti- cular parcel or tract to RT-11 zoning classification, so as to I provide the appropriate zoning classification which will allow the construction or development of a townhouse residential apart- ment project on the parcel or tract, and the related approval of a site development plan showing the specific details of the pro- posed construction or development of townhouse residential apart- ment units on the particular parcel or tract: { (a) At the option of the developer or applicant in a situation where a particular parcel or tract does not have an appropriate RT-11 zoning classification so as to permit the construction or development of a townhouse residential project on the tract, the developer or appli- cant may submit proper application to the city for the adoption of an ordinance changing the existing zoning classification of the parcel or tract from existing zon- ing classification to RT-11 zoning classification at the same time as he submits an application to the city for the adoption of a resolution approving a site de- velopment plan showing the proposed development of the parcel or tract as a site for a townhouse residential apartment project. In the event that the application for ! the adoption of a resolution approving the site development j 51 I 1 j J n ! j I plan is submitted simultaneously with the application for the adoption of an ordinance changing the zoning classification to an RT-11 zoning classification so that ' the parcel or tract shall be in a proper zoning district to permit the construction of townhouse residences as pro- posed in the site development plan, the planning and zoning board of the city and the city commission shall have au- thority to proceed with a consideration of the site de- velopment plan simultaneously with its consideration of a request for the adoption of an ordinance changing the zoning classification of the parcel or tract to the ap- propriate zoning classification permitting the construc- tion of improvements of the type shown on the site develop- ment plan. That is, as either the planning and zoning board or the city commission conduct hearings and considers objec- tions to the adoption of an ordinance changing the zoning classification of a particular parcel or tract to RT-11 zoning classification, either the planning and zoning board i or the city commission may conduct similar hearings and con- sider objections on the related matter of the adoption of a resolution approving the proposed site development plan showing the construction or development of a townhouse resi- dential project on the parcel or site. However, in all events where the planning and zoning board and the city commission attempt a simultaneous consideration (or a consideration at or about the same time) of both the application for the adoption of an ordinance changing a zoning classification of a parcel to RT-11 zoning i classification and the adoption of a resolution approving j a site development plan showing the construction or de- I velopment of a townhouse residential project on the parcel, ! the said resolution shall never be actually adopted by the city commission until the ordinance changing the zoning 52 ,l r M ij f µ 1 yr �1 hi i JF classification to RT-11 zoning classification has been finally adopted by the•city commission. (b) Alternatively, and at the sole option of the de- veloper or applicant, the request for the adoption of an ordinance changing the zoning classification of the par- cel or tract from existing zoning classification to RT-11 zoning classification may be first considered by both the j planning and zoning board and then the city commission (and ' the requested ordinance finally adopted by the city com- mission) before the developer or applicant submits a site development plan to the city for its ultimate approval by � the adoption of an appropriate resolution. I (4) Hearing before planning and zoning board on site develop- ment plan; further consideration by city commission; authority for city commission to approve site development plan by adoption of resolution. The procedure to be followed regarding the hearing j before the planning and zoning board for the approval of a site 'S development plan, the further ccnsideration of the plan by the city commission and the ultimate approval of the plan by a resolution to be adopted by the city commission shall be in accordance with the following requirements: (a) A developer or applicant seeking the approval of a site development plan permitting the construction or development of a townhouse residential project shall first file the plan and all supporting data with the city building inspector and, at the same time, shall pay to the city any filing fees which may be set by any separate ordinance or resolution of the city. If the building inspector finds that the site development plan substantially shows the matters and things required under sub-section (1) of the within section, he shall forward I the said site development plan and all supporting data j to the planning and zoning board for an initial review ! i E 53 f I at its next regular meeting. (b) At the time that the site development plan comes before the planning and zoning board for its initial re- view (and as a result of referral from the building in- spector) , the planning and zoning board shall make a pre- liminary review of the proposed plan and shall allow the developer or applicant to present any facts or matters which he may deem to be appropriate with respect to ex- plaining the proposed site development plan to the planning and zoning board. The first meeting of the planning and zoning board at which the site development plan is con- sidered and the initial review made shall not be deemed or considered as a hearing for objections but shall be primarily an open meeting between the developer or appli- cant and the planning and zoning board to discuss the proposed site development plan and to reach a possible . agreement on any points, considerations or suggestions. The first meeting of the planning and zoning board at which the site development plan is presented and the said preliminary review made shall be sometimes referred to hereinafter as the "initial review meeting" of the planning . - and zoning board. At the initial review meeting of the planning and zoning board, any professional zoning con- sultant employed by the city shall be present and shall further make whatever recommendations or suggestions he deems to be appropriate. At the conclusion of the initial - review meeting, any plans, changes or amendments which have been tentatively agreed upon by the applicant and the planning and zoning board shall be noted on the site development plan or made a part of the record of the initial j review meeting. (c) At the conclusion of the initial review meeting of the planning and zoning board, the planning and zoning I 54 i i ...,.. . .. . board shall then set a date for a public hearing before the planning and zoning board at which time all interested parties shall have an opportunity to be heard with respect to the recommendations which the planning and zoning board shall make to the city commission regarding the approval Iof the site development plan. Ordinarily, the said hearing i I conducted before the planning and zoning board shall be set on the date of the next regular meeting after the initial j review meeting of the planning and zoning board although ' the planning and zoning board shall have the authority i to set the public hearing at a different time if some j unusual condition is found to exist. At the public hear- ' { ing, all objections to the proposed site development plan (as same may have been amended by tentative agree- ment of the developer and the planning and zoning board j at the initial review meeting) shall be heard. (d) The public hearing before the planning and zoning board where interested parties shall be given an oppor- tunity to be heard and to make objections shall be an 1 { open meeting of the planning and zoning board. Notice J of the public hearing shall be published once in a news- paper of general circulation in the City of Dania with j the publication to be at least fourteen days prior to I I the hearing date. The notice of hearing shall state the i i t, date, time and place of the meeting and a general state- ment indicating that the site development plan will be presented and stating the legal description and best street address that is available for the property. Said ! notice shall also advise that interested parties may i iappear at the meeting and be heard with respect to any i Irecommendations which the planning and zoning board may I._ make to the city commission regarding the site develop- ment plan. I � 55 j I i a 1 I ...._ . ... ......... l (e) At the conclusion of the initial review meeting of the planning and zoning board when such board sets the date, time and place for the hearing for objections before the planning and zoning board regarding the recom- mendations of the planning and zoning board to the city commission, the planning and zoning board shall further have the right to instruct the building inspector to cause a temporary sign to be constructed at the site of the parcel or tract which is the subject of the site de- velopment plan, showing in an abbreviated fashion on such sign the basic information to be published in the notice of hearing. Such sign, if required, shall be j posted at the site of the parcel or tract at least five j days before the public hearing before the planning and zoning board. Further, at such hearing, the building i 3 inspector shall state into the record that the sign has I been posted in accordance with such time requirement in .i every instance where the planning and zoning board has required the posting of the sign. The matter of the i Posting of such sign shall be discretionary in nature and even if the posting or placing of the sign at the ! property site is authorized but then not actually ' y posted or placed through oversight or otherwise, the failure to post the sign shall not affect or diminish the right of the planning and zoning board to conduct the public hearing on the site development plan and then make a recommenda- tion regarding the plan to the city commission. If the i + planning and zoning board does direct the building in- spector to cause such sign to be placed or posted as afore- said, the applicant shall pay for the actual cost of the l construction and placing of the sign and such payment shall i be made by the time of the public hearing before the planning and zoning board. I 56 j I I I ` r (£) At the conclusion of such public hearing, the planning !' and zoning board may defer the making of its recommendations � to the city commission until its next regular meeting after i the public hearing but only one such deferment shall be made after the planning and zoning board has conducted the re- quired public hearing. However, after conducting the afore- said public hearing and subject to the said time limitation regarding the making of recommendations, the planning and zoning board shall make its recommendations to the city i commis sion concerning the site development plan and such recommendations shall inform the city commission as to whether the plan conforms with the minimum requirements ! i j of section 33-107 of this chapter regarding r ng the construc- tion or development of a townhouse project in an RT-11 i i district. (9) The city commission shall consider the recommends- f I tions of the planning and zoning board regarding the site ' development plan at its earliest regular meeting. At i such meeting, i the city commission may authorize one further public hearing before the city commission to hear objections regarding the final a !pproval of the site development plan and such public hearing before I the city commission, if authorized, shall be subject I to whatever Publication of notice and to whatever de- livery of actual notice to adjacent property owners the city commission may require. However, the matter _ i of any public hearing before the city commission regard- I ing the approval of the site development plan shall be discretionary on the part of the city commission and the city commission shall have the authority to j approve the site development plan immediately after )r its receipt of the recommendation of the planning and zoning board. i' 57 I I i i I r I p , ti l i I I (h) The city commission shall give final approval i to a site development plan, subject to any changes or modifications that may have been agreed upon, by the " adoption of a resolution. With respect to any resolu- tion approving a site developoment plan for the con- struction or developmment of townhouse residential a- partment units in a district having an RT-11 zoning {( classification, such resolution shall not be adopted until after the parcel or tract where the site is { located has been properly and finally zoned to ! RT-11 zoning classification by ordinance adopted by i the city commission. Said resolution, when adopted, ;{ shall authorize the immediate issuance of a building permit which shall allow construction to proceed in .a. i accordance with the site development plan that has been approved by the resolution. (i) The primary purpose of the aforesaid procedures concerning the approval of a site development plan is to insure that each developer or applicant complies with ail existing ordinances of the city as a prerequisite to the issuance of a building permit for the construction ,.. of townhouse residential units on a parcel or tract d which is zoned RT-11 zoning classification. As a fur- ther incident to the aforesaid procedures, it is the intent of the within section (4) to allow opportunities for the zoning consultant, planning and zoning board, i city commission and the general public to discuss each site development plan with an applicant or developer jso that any reasonable changes, alterations, modifi- cations or adjustments may be made in a site develop- ment plan where mutually agreed upon. However, the final approval of a site development plan by the city commission of a site or parcel having the proper zoning i i I I I LI i I I i I I classification, shall not be discretionary on the part of the city commission and, in every event, an appli- cant or developer shall be entitled (as a matter of right) to the adoption of a resolution which shall cause the issuance of a proper building permit to the applicant if all matters disclosed by the site developoment plan ' affirmatively show that the applicant or developer is • proposing developoment or construction of a site that will comply with all applicable ordinances of the city. (j) Provided that all notices of hearings before the planning and zoning board (and any notice of hearing be- fore the city commission when a hearing before the city ,, commission is authorized by the city commission) regard- ing the approval of a site development plan are given and show any exceptional or unusual conditions justifying the granting of an exceptional or variance permit, appli- cations and hearings for the approval of a site development plan may also be considered as applications and hearings a for the granting of a variance or exceptional permit-- allowing variances or exceptions from the strict applica- tion of the requirements of section 33-107 as to the con- struction of a townhouse residential project on a par- . 1 ticular site--if unusual conditions or a hardship exists I so as to preclude the exact application of section 33- 107 to the particular parcel or tract under considera- tion. However, all such notices concerning any hearings before the planning and zoning board (and the city com- mission, if the city commission has authorized a further hearing) shall contain supplemental information to show the general details of the application for a variance or j exceptional permit. I 59 y j I i DIVISION 6. RC-5 - CLUSTER SINGLE FAMILY RESIDENTIAL DISTRICT sec. 33-109. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RC-5 district", is hereby created. Sec. 33-110. Purpose of the RC-5 district.-- The purpose of the RC-5 district is to provide suitable areas for the clustering of single family dwelling units on relatively small lots so as i 1 to permit the preservation of large unencumbered open spaces which can be retained in their natural state or utilized for recreational purposes. Sec 33-111. Uses permitted in RC-5 district.-- The uses which are permitted in the RC-5 district, or the types of buildings, structures or improvements which may be constructed, erected ' or created on a site, parcel or tract having an RC-5 zoning classifica- tion, are as follows: � (1) Single family residential dwellings or single family detached residential use; (2) Public parks or public playgrounds; and (3) Accessory uses, which are designed in a manner compatible with permitted single family residential dwell- ings, may be permitted. Said accessory uses may include, J but not be limited to, recreation buildings, swimming pools, I �• tennis courts, storage facilities or other similar uses. Sec 33-112. Site development standards for RC-5 district.-- No permit shall be issued for the construction of any type of build- ing improvement on any site, parcel or tract having an RC-5 zoning classi- fication until after a general site development plan has been first approved by resolution of the city commission adopted in accordance with the require- i ments of section 33-113 of this chapter and unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract shall be developed in accordance with the follow- ' ;. ing minimum standards: I !� (1) Site area. The minimum required site area for the entire 1 I 60 i i i I i � project shall be not less than two (2) acres, excluding exist- ing and proposed public rights of way. i2. Lot area. The minimum required lot area for each indi- vidual family dwelling unit shall be not less than two thousand five hundred (2,500) square feet. All lots shall be individually jplatted and properly recorded. f1 3. Density. The maximum number of single family residen- tial dwelling units permitted shall not exceed six (6) units i per acre. 4. Height. The maximum height of any structure shall not exceed two (2) stories or twenty five (25) feet. 5 Setbacks. Yard setbacks for individual dwelling units shall be suggested or proposed by the developer or applicant i and shown on the site development plan. The exact amounts or j sizes of setbacks are expressly not set forth herein so as not to inhibit or restrict the theory or concept of a cluster design of single family residential dwelling units. However, the set- backs, as mutually agreed upon between the developer and the city, shall be those setbacks shown on the site development plan ap- proved by the city. However, in all events, there shall be a perimeter setback around the entire project of not less than fifty (50) feet. i 6. Open space. The following types and amounts of open space shall be required in all cluster single family residen- tial projects: (a) Not less than forty (40) per cent of the total j project site area shall be preserved in pervious open 311 space of a commonly owned and maintained nature, which may include passive recreational areas, greenways, buf- ! for strips, gardens, nature p , g preserves and other similar uses. (b) Not less than twenty (20) per cent of each indi- vidual residential lot shall be allocated for private 61 • J 0 I i open space, which may be used for courtyards, patios, gardens, swimming pools or other similar uses. i 7. Common area responsibility, Provisions shall be made to assure that areas and facilities which are to be commonly or Jointly utilized by all project residents shall be maintained in a continuous and satisfactory manner and without expense to the City of Dania. Such assurance may be provided by the requirement of homeowner association memberships for the purpose of holding Joint title to, and assessing monthly maintenance fees for, such areas and facilities. Other methods may be acceptable if they satisfactorily provide for the proper and continuous payment of llj taxes, expenses and maintenance without any part of such charges being incurred by City of Dania. The agreement incorporating such f provisions shall be reviwed by the city attorney as to form and ._, legal sufficiency, approved by the city commission and recorded ' by the city clerk-auditor. Sec. 33-113.--Approval of site development plan regarding overall development of a 2articular buildiPIL project on a parcel or tract hav- ing an RC-5 zoning classification JJ+� Before a permit shall be granted by the city to allow the construc- tion of a cluster single family residential project on a parcel or I1I tract having an RC-5 zoning classification, the developer of the over- all clueter single family residential project which is being developed or constructed on the parcel or tract shall apply to the city for the approval of a site development plan which shall be submitted by the developer to the city and which shall be in accordance with the follow- ing requirements or which shall meet the following standards: i (1) Matters to be shown on site develo ment plan. The site I development plan shall be a physical drawing, plan or architectural i projection (together with any related specifications, notes or explanations which may be appropriate in a particular circumstance) , j drawn to scale and which shall show generally, in proper and cleat i form and dimension, the following: I 62 1 I (a) The location, size, density, height, groupings and setbacks of each and every type of improvement which the developer proposes to construct on the tract and which, in the aggregate, will show compliance or fulfillment by the developer (or applicant) of all of the terms, condi- tions and requirements required as minimum requirements (under the several terms, conditions, restrictions and limitations stated in section 33-112 of this chapter) for the construction of cluster single family residential dwellings on the 4 particular parcel or tract which consti- tutes the site of the proposed development and which is - the subject of the developer's application to the city. (b) In addition, the site development plan will show j the proposed division, or layout, of the individual lots in such detail as to show the city the method by which ^� the developer proposes to plat the parcel or tract into • individual lot sites so as to comply with the require- . ` ments of sub-paragraph (2) of section 33-112. (2) Purpose of site development plan. The sole purpose of a jsite development plan is to make available to the city all appli- cable information, in a convenient and readily understandable I form, so that the city can determine whether the proposed im- provement, construction and development of a cluster single family i residential project complies with the within Division 6. and all other applicable ordinances of City of Dania. It is not the pur- pose and intent of the requirement of a site development plan to require or demand that any developer or applicant do any act, or agree to any covenant, above and beyond the minimum require- ments of the within Division 6. and all other ordinances of the icity which are applicable to a proposed cluster single family residential project. The requirement of a site development 1 plan shall not create any inference that the approval of such i a plan is a discretionary act on the part of the city and the l� 63 i • I e i I I - i city shall finally approve any site development plan for the I construction of cluster single family residential units, if the plan complies with the minimum requirements of the within Di- vision 6. and all other applicable zoning and building ordinances of City of Dania. I (3) Authority to submit site development plan before particular parcel or tract has been zoned into the zoning classification or zoning district which allows the construction of the type shown j on the plan. By the adoption of the within comprehensive zoning ordinance (that is, the within 533) , the city commission recognizes that, ordinarily, a parcel or tract of land sLould have, or bear, the appropriate zoning classification permitting the type of construc- tion which a developer proposes on a site development plan before the actual receipt and review or consideration by the city of a pro- posed site development plan. However, the city commission further recognizes that a developer requesting rezoning of a particular parcel ,W..,' or tract into a certain zoning classification or zoning district i (RC-5, for example) may also desire a simultaneous consideration 1 by the appropriate advisory or governing bodies of the city of a site development plan (permitting the construction or develop- ment of a cluster single family residential project, for ex- ample) . Therefore, in order to avoid a multiplicity of hearings on a generally related subject, the following optional procedures shall be permitted, allowed or recognized regarding the rezoning of a particular parcel or tract to RC-5 zoning classification, so as to provide the appropriate zoning classification which will allow the construction or development of a cluster single family residen- tial project on the parcel or tract, and the related approval of a site development plan showing the specific details of the pro- posed construction or development of cluster single family resi- dential units on the particular parcel or tract: (a) At the option of the developer or applicant in a situation where a particular parcel or tract does not 64 i i have an appropriate RC-5 zoning classification so as to permit the construction or development of a cluster sin- gle family residential project on the tract, the devel- oper or applicant may submit proper application to the city for the adoption of an ordinance changing the exist- ing zoning classification of the parcel or tract from Iexisting zoning classification to RC-5 zoning classifica- tion at the same time as he submits an application to the city for the adoption of a resolution approving a site development plan showing the proposed development of the parcel or tract as a site for a cluster single family residential project. in the event that the ap- plication for the adoption of a resolution approving the site development plan is submitted simultaneously with c. the application for the adoption of an ordinance changing ? the zoning classification to an RC-5 zoning classification so that the parcel or tract shall be in a proper zoning district to permit the construction of cluster single family residences as proposed in the site development plan, the planning and zoning board of the city and the city commission shall have authority to proceed with a con- - „•�+t sideration of the site development plan s8rultaneously ', with its consideration of a request for the adoption of an ordinance changing the zoning classification of the i • parcel or tract to the appropriate zoning classification i permitting the construction of improvements of the type shown on the site development plan. That is, as either the planning and zoning board or the city commission conducts hearings and considers objections to the adop- tion of an ordinance changing the zoning classification of a particular parcel or tract to RC-5 zoning classifi- cation, either the planning and zoning board or the city jcommission may conduct similar hearings and consider i i 65 ee i i . I 1 I I i objections on the related matter of the adoption of a re- solution approving the.proposed site development plan showing the construction or development of a cluster sin- gle family residential project on the parcel or site. However, in all events where the planning and zoning board and the city commission attempt a simultaneous con- sideration (or a consideration at or about the same time) of both the application for the adoption of an ordinance j changing a zoning classification of a parcel to RC-5 j zoning classification and the adoption of a resolution i approving a site development plan showing the construction 7 - or development of a cluster single family residential pro- ject on the parcel, the said resolution shall never be ac- tually adopted by the city commission until the ordinance changing the zoning classification to RC-5 zoning classi- fication has been finally adopted by the city commission. (b) Alternatively, and at the sole option of the de- veloper or applicant, the request for the adoption of an ordinance changing the zoning classification of the par- cel or tract from existing zoning classification to RC-5 zoning classification may be first considered by both the planning and zoning board and then the city commission (and ._ the requested ordinance finally adopted by the city com- mission) before the developer or applicant submits a site development plan to the city for its ultimate approval by the adoption of an appropriate resolution. (4) Hearing before planning and zoning board on site develop- - ment plan; further consideration by city commission• authority for city commission to approve site development plan by adoption -of resolution. The procedure to be followed regarding the hearing before the planning and zoning board for the approval of a site development plan, the further consideration of the plan by the city commission and the ultimate approval of the plan by a resolution to 66 I iI �I 4 1 . be adopted by the city commission shall be in accordance with the following requirements: (a) A developer or applicant seeking the approval of a site development plan permitting the construction or development of a cluster single family residential project shall first file the plan and all supporting data with the city building inspector and, at the same time, shall pay to the city any filing fees which may be set j by any separate ordinance or resolution of the city. If jJ o the building inspector finds that the site development plan substantially shows the matters and things required under sub-section (1) of the within section, he shall for- ward the said site development plan and all supporting data to the planning and zoning board for an initial review at its next regular meeting. (b) At the time that the site development plan comes before the planning and zoning board for its initial re- view (and as a result of referral from the building in- spector), the planning and zoning board shall make a pre- - liminary review of the proposed plan and shall allow the developer or applicant to present any facts or matters which he may deem to be appropriate with respect to ex- plaining the proposed site development plan to the planning and zoning board. The first meeting of the planning and zoning board at which the site development plan is con- sidered and the initial review made shall not be deemed or considered as a hearing for objections but shall be primarily an open meeting between the developer or appli- cant and the planning and zoning board to discuss the proposed site development plan and to reach a possible i agreement on any points, considerations or suggestions. The first meeting of the planning and zoning board at ' which the site development plan is presented and the said 6'7 ,1 . • J r { I i preliminary review made shall be sometimes referred to j hereinafter as the "initial review meeting" of the planning and zoning board. At the initial review meeting of the planning and zoning board, any professional zoning con- sultant employed by the city shall be present and shall further make whatever recommendations or suggestions he deems to be appropriate. At the conclusion of the initial review meeting, any plans, changes or amendments which jj have been tentatively agreed upon by the applicant and the planning and zoning board shall be noted on the site jdevelopment plan or made a part of the record of the initial If review meeting. (c) At the conclusion of the initial review meeting of the planning and zoning board, the planning and zoning board shall then set a date for a public hearing before the planning and zoning board at which time all interested parties shall have an opportunity to be heard with respect i to the recommendations which the planning and zoning board shall make to the city commission regarding the approval of the site development plan. Ordinarily, the said hearing to be before the planning and zoning board shall be set " on the date of the next regular meeting after the initial review meeting of the planning and zoning board although the planning and zoning board shall have the authority 1 to set the public hearing at a different time if some unusual condition is found to exist. At the public hear- ing, all objections to the proposed site development plan (as same may have been amended by tentative agree- ment of the developer and the planning and zoning board at the initial review meeting) shall be heard. (d) The public hearing before the planning and zoning board where interested parties shall be given an oppor- tunity to be heard and to make objections shall be an 6s w � { j open meeting of the planning and zoning board. Notice of the public hearing shall be published once in a news- . + paper of general circulation in the City of Dania with the publication to be at least fourteen days prior to the hearing date. The notice of hearing shall state the date, time and place of the meeting and a general state- ment indicating that the site development plan will be i presented and stating the legal description and best street address that is available for the property. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to any i recommendations which the planning and zoning board may jmake to the city commission regarding the site develop- ment plan. _ (e) At the conclusion of the initial review meeting of the planning and zoning board when such board sets ~ ` the date, time and place for the hearing for objections r before the planning and zoning board regarding the recom- mendations of the planning and zoning board to the city commission, the planning and zoning board shall further have the right to instruct the building inspector to I i • ! cause a temporary sign to be constructed at the site of the parcel or tract which is the subject of the site de- velopment plan, showing in an abbreviated fashion on such sign the basic information to be published in the notice of hearing. Such sign, if required, shall be I posted at the site of the parcel or tract at least five days before the public hearing before the planning and zoning board. Further, at such hearing, the building inspector shall state into the record that the sign has ' been posted in accordance with such time requirement in 1 33j every instance where the planning and zoning board has required the posting of the sign. The matter of the { 69 I i I , FS , posting of such sign shall be discretionary in nature and even if the posting or placing of the sign at the property site is authorized but then not actually posted or placed through oversight or otherwise, the failure to j post the sign shall not affect or diminish the right of the planning and zoning board to conduct the public hearing i on the site development plan and then make a recommenda- tion regarding the plan to the city commission. If the planning and zoning board does direct the building in- spector to cause such sign to be placed or posted as afore- said, the applicant shall pay for the actual cost of the construction and placing of the sign and such payment shall be made by the time of the public hearing before the planning and zoning board. (f) At the conclusion of such public hearing, the planning and zoning board may defer the making of its recommendations to the city commission until its next regular meeting after the public hearing but only one such deferment shall be made 3 after the planning and zoning board has conducted the re- quired public hearing. However, after conducting the afore- said public hearing and subject to the said time limitation jregarding the making of recommendations, the planning and I zoning board shall make its recommendations to the city commission concerning the site development plan and such recommendations shall inform the city commission as to whether the plan conforms with the minimum requirements of section 33-112 of this chapter regarding the construc- tion or development of a cluster single family residential project in an RC-5 district. (g) The city commission shall consider the recommenda- tions of the planning and zoning board regarding the site development plan at its earliest regular meeting. At such meeting, the city commission may authorize one I 70 j - I i .I l j I further public hearing before the city commission to hear objections regarding the final approval of the site development plan and such public hearing before the city commission, if authorized, shall be subject to whatever publication of notice and to whatever de- livery of actual notice to adjacent property owners the city commission may require. However, the matter j of any public hearing before the city commission regard- ing the approval of the site development plan shall be discretionary on the part of the city commission and the city commission shall have the authority to approve the site development plan immediately after its receipt of the recommendation of the planning and zoning board. (h) The city commission shall give final approval to a site development plan, subject to any changes or modifications that may have been agreed upon, by the adoption' of a resolution. With respect to any resolu- tion approving a site developoment plan for the con- struction or developmment of cluster single family resi- dential units in a district having an RC-5 zoning classi- fication, such resolution shall not be adopted until after the parcel or tract where the site is located has been properly and finally zoned to RC-5 zoning classifi- cation by ordinance adopted by the city commission. Said resolution, when adopted, shall authorize the immediate issuance of a building permit which shall allow construc- tion to proceed in accordance with the site development plan that has been approved by the resolution. ,77 (i) The primary purpose of the aforesaid procedures concerning the approval of a site development plan is to insure that each developer or applicant complies with all existing ordinances of the city as a prerequisite to I 71 1 � I I s Y i I - L the issuance of a building permit for the construction of cluster single family residential units on a parcel or tract which is zoned RC-5 zoning classification. As { afurther incident to the aforesaid procedures, it is the intent of the within section (4) to allow opportun- ities for the zoning consultant, planning and zoning board, city commission and the general public to discuss each site development plan with an applicant or developer j so that any reasonable changes, alterations, modifi- cations or adjustments may be made in a site develop- ment plan where mutually agreed upon. However, the final approval of a site development plan by the city commission of a site or parcel having the proper zoning classification, shall not be discretionary on the part -� of the city commission and, in every event, an appli- es. �- ,j cant o; developer shall be entitled (as a matter of right) to the adoption of a resolution which shall cause the a issuance of a proper building permit to the applicant if all matters disclosed by the site developoment plan affirmatively show that the applicant or developer is proposing developoment or construction of a site that jwill comply with all applicable ordinances of the city. (j) Provided that all notices of hearings before the planning and zoning board (and any notice of hearing be- fore the city commission when a hearing before the city commission is authorized by the city commission) regard- ing the approval of a site development plan are given and show any exceptional or unusual conditions justifying j the granting of an exceptional or variance permit, appli- cations and hearings for the approval of a site development plan may also be'considered as applications and hearings for the granting of a variance or exceptional permit-- allowing variances or exceptions from the strict applica- 72 l LI I I jtion of the requirements of section 33-112 as to the con- . I etruction of a cluster single family residential project I� on a particular site--if unusual conditions or a hardship i ' exists so as to preclude the exact application of section I 33-112 to the particular parcel or tract under considera- tion, However, all such notices concerning any hearings before the planning and zoning board (and the city com- mission, if the city commission has authorized a further hearing) shall contain supplemental information to show the general details of the application for a variance or exceptional permit. I . Secs. 33-114 to 33-124 inclusive. Reserved.-- DIVISION 7. RM-12 - LOW DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT i f Sec. 33-125. Creation of the district.-- ! A zoning district, zoning area or zoning classification, to be known as "RM-12 district", is hereby created. 1 J Sec. 33-126. Purpose of the RM-12 district.-- The purpose of the RM-12 district is to provide suitable sites for the development of low density multi-family uses with accompanying land- scaped open space which are designed in such a manner as to serve as a transitional land use element between less intensive single family and I townhouse residential uses and more intensive multi-family uses or com- mercial or industrial uses. Sec. 33-127. Uses permitted in RM-12 district.-- The uses which are permitted in the RM-12 district, or the types of buildings or structures which may be constructed or erected on a parcel or tract having an RM-12 zoning classification, are as follows: + (1) Multi-family residential uses. Multi-family dwellings developed in such a manner as to be in compliance with the site development standards more particularly set forth in section 33- 128 of this chapter. I (2) Accessory recreational and maintenance uses Accessory 1 '73 I I I ._.. _ ...•.K ,.. 1 recreational and maintenance uses which are supportive of, and compatible with, a permitted multi-family residential use shall jbe permitted. Permitted accessory recreational uses and main- tenance uses, which may include (but not be limited to) tennis I courts, cabanas, swimming pools, cardrooms, off-street parking areas and storage facilities, shall be related to and available { for the common usage of all project residents. (3) Single family detached residential use A single family detached residential use shall also be permitted in RM-12 zon- ing classification to the same extent as though the parcel or ftract had an RS-6,000 zoning classification (under Division 1. of this article) , or an RS-8,000 zoning classification (under Division 2. of this article) or an RS-12,000 zoning classifica- tion (under Division 3. of this article) . Sec. 33-128. Site develo ment standards for RM-12 district.-- No permit shall be issued for the construction of any type of build- .. ) 1 ing improvement on any parcel or tract having an RM-12 zoning classi- fication until after a general site development plan has been first ap- proved by resolution of the city commission adopted in accordance with the requirements of section 33-129 of this chapter and unless the plans submitted to the city at the time that application is made for a build- ing permit show that the parcel or tract shall be developed in accor- dance with the following minimum standards: (1) Site area. The minimum required size of the parcel or tract on which either low density multi-family residential dwellings or single family detached residential dwellings may be constructed shall be in accordance with the following mini- mum requirements: Type of use Minimum square footage Multi-family use 9,600 square feet Single family use 6,000 square feet (2) Density. The maximum number of dwelling units permitted 74 I i l _ 1 i I , I per acre in any low density multi-family residential development I shall be twelve (12) dwelling units per acre. Such acreage cal- iculations shall not include peripheral public rights of way nor more than fifty (50) per cent of any on site lake or water area included within the project boundaries. At the time of review of the site development plan, additional credit for water areas may be granted as an exception or variance, provided that the appli- cant or developer makes specific reference to a request for such 1 additional credit on the site development plan and further pro- vided that all notices concerning any hearings on the approval f of the site development plan show that consideration is being �� given to allow an additional credit for such water areas, as 1 a variance or exception, with such notices to comply with the specific requirements of sub-section (j) of sub-paragraph (4) of section 33-129 of this chapter. (3) Height. The maximum height of any structure shall not exceed four (4) stories or forty-five (45) feet, whichever is j less. P (4) Setbacks. Setbacks for any building structures in a low density multi-family residential district shall comply with the following minimum requirements: Particular side of yard, Parcel or tract where the Minimum 1 structure is located setback "k Front 20 feet Rear 15 feet Side (corner lot) 20 feet Side (interior lot line) 10 feet ISide (between structures) 20 feet (5) Pedestrian ways Pedestrian ways or sidewalks, constructed of concrete, tile, paving block, brick or other acceptable material, shall provide access from all multi-family structures to required off-street parking areas. (6) Land coverage. The maximum amount of site area which may i '75 I I�I - I i _.-,.._ be covered by all uses requiring impervious ground coverage in- cluding, but not limited to, structures, streets, alleys, pedes- trian ways, driveways, off-street parking areas, tennis courts, patios and swimming pools, shall not exceed sixty (60) per cent of the total site area. (7) Landscaping. All non-impervious areas shall be landscaped with grass, trees and shrubbery. A minimum of twenty (20) trees ' per acre of the total site area shall be provided prior to the I! issuance of a certificate of occupancy. Trees shall be not less than eight (8) feet in height at the time of planting. Landscap- ing shall be well maintained and a sprinkler system for the con- tinual irrigation of trees and other landscape features shall be ! provided. j 'a Sec. 33-129.--Approval of site development plan regarding overall j development of a particular building project on a parcel or tract hav- ing an RM-12 zoning classification.-- Before a permit shall be granted by the city to allow the construc- tion of a low density multi-family residential project on a parcel or tract having an RM-12 zoning classification, the developer of the over- all low density multi-family residential project which is being devel- oped or constructed on the parcel or tract shall apply to the city for the approval of a site development plan which shall be submitted by the i developer to the city and which shall be in accordance with the following requirements or which shall meet the following standards: (1) Matters to be shown on site development plan. The site development plan shall be a physical drawing, plan or architectural projection (together with any related specifications, notes or explanations which may be appropriate in a particular circumstance) , drawn to scale and which shall show generally, in proper and clear }{ form and dimension, the following: i (a) The location, size, density, height, groupings and a setbacks of each and every type of improvement which the t 1 developer proposes to construct on the tract and which, 76 i i I i j I I I I in the aggregate, will show compliance or fulfillment by i the developer (or applicant) of all of the terms, condi- tions and requirements required as minimum requirements ' (under the several terms, conditions, restrictions and limitations stated in section 33-128 of this chapter) for j the construction of low density multi-family residential i dwelling units on the particular parcel or tract which constitutes the site of the proposed development and which is the subject of the developer's application to the city. I (b) Specifically, without limitation on any of the re- quirements which may be set forth in sub-paragraph (a) of 1 sub-section (1) of this section, the site development plan shall show generally the following: U.) The location, area, dimension and size of the plot, parcel or tract which is the subject °.-q. of the application and which the developer or s J applicant proposes to use as a site for the de- velopment and construction of low density multi- .� family residential dwelling units on the plot. 3 (ii.) The location, general character, size, height and setback or all buildings, stuctures, a improvements and uses on the plot, including I walls, fences and hedges. (iii.) The location, character and enclosure of all outside facilities, accessory buildings, recreational facilities, pumps, sewerage and garbage disposal facilities and any related i Ij types of uses. (iv.) All curb cuts, driveways, parking areas, loading areas, service areas, streets, sidewalks, public ways, easements and dedica- tions. NO Location, size, character, height and 77 6 � I i I I i orientation of all signs that the applicant may Propose to construct. (vi.) A general plan of the landscaping and trees which the applicant proposes to install. j (vii.) The finished grade and elevation of the Plot, parcel or tract which is the subject of the i application. i (viii.) Any and all information which the city imust have available to it in order to determine ithat the overall improvement, construction and de- velopment which is proposed by the developer or i applicant conforms to all of the applicable pro- visions of the within Division 7., concerning the development and construction of a low density multi- family residential project in an RM-12 district, as well as all other applicable ordinances of the city concerning building, zoning and related mat- ters. e ') (2) Purpose of site development plan. The sole purpose of a site development plan is to make available to the city all appli- cable information, in a convenient and readily understandable form, so that the city can determine whether the proposed im- provement, construction and development of a low density multi- family residential project complies with the within Division 7. and all other applicable ordinances of City of Dania. It is not the purpose and intent of the requirement of a site develop- ment plan to require or demand that any developer or applicant do any act, or agree to any covenant, above and beyond the min- imum requirements of the within Division 7. and all other ordi- nances of the city which are applicable to a proposed low density multi-family residential project. The requirement of a site de- velopment plan shall not create any inference that the approval I iof such a plan is a discretionary act on the part of the city and I '78 I the city shall finally approve any site development plan for i the construction of low density multi-family residential dwell- .. i I ing units, if the plan complies with the minimum requirements of the within Division 7. and all other applicable zoning and building ordinances of City of Dania. i (3) Authority to submit site development plan before particular parcel or tract has been zoned into the zoning classification or i zoning district which allows the construction of the type shown i on the plan. By the adoption of the within comprehensive zoning ordinance (that is, the within 533) , the city commission recognizes that, ordinarily, a parcel or tract of land should have, or bear, 1 i the appropriate zoning classification permitting the type of construc- tion which a developer proposes on a site development plan before i the actual receipt and review or consideration by the city of a pro- _ ! posed site development plan. However, the city commission further .5 recognizes that a developer requesting rezoning of a particular parcel or tract into a certain zoning classification or zoning district (RM-12, for example) may also desire a simultaneous consideration by the appropriate advisory or governing bodies of the city of a site development plan (permitting the construction or develop- ment of a low density multi-family residential project, for ex- ample) . Therefore, in order to avoid a multiplicity of hearings on a generally related subject, the following optional procedures !, shall be permitted, allowed or recognized regarding the rezoning :of a particular parcel or tract to RM-12 zoning classification, so as to provide the appropriate zoning classification which will allow the construction or development of a low density multi-family �i residential development on the parcel or tract, and the related ap- proval of a site development plan showing the specific details of the proposed construction or development of a low density multi- family residential project on the particular parcel or tract: (a) At the option of the developer or applicant in a situation where a particular parcel or tract does not ji 1 79 c . I i i 1 I fhave an appropriate RM-12 zoning classification so as to permit the construction or development of a low density multi-family residential project on the tract, the developer or applicant may submit proper application to the city for the adoption of an ordinance changing the existing zoning classification of the parcel or tract from existing zon- ing classification to RM-12 zoning classification at the same time as he submits an application to the city j for the adoption of a resolution approving a site de- velopment plan showing the proposed development of the parcel or tract as a site for a low density multi-family residential project. in the event that the application for the adoption of a resolution approving the site de- velopment plan is submitted simultaneously with the appli- cation for the adoption of an ordinance changing the zoning classification to an RM-12 zoning classification so that the parcel or tract shall be in a proper zoning district to permit the construction of low density multi-family resi- dences as proposed in the site development plan, the planning and zoning board of the city and the city commission shall have authority to proceed with a consideration of the site development plan simultaneously with its consideration of a request for the adoption of an ordinance changing the zoning classification of the parcel or tract to the ap- propriate zoning classification permitting the construc- tion of improvements of the type shown on the site develop- ment plan. That is, as either the planning and zoning board or the city commission conducts hearings and considers objec- tions to the adoption of an ordinance changing the zoning classification of a particular parcel or tract to RM-12 zoning classification, either the planning and zoning board or the city commission may conduct similar hearings and con- sider objections on the related matter of the adoption of 80 I _ u � I i a resolution approving the proposed site development plan i showing the construction or development of a low density imulti-family residential project on the parcel or site. However, in all events where the planning and zoning board and the city commission attempt a simultaneous consideration (or a consideration at or about the same time) of both the japplication for the adoption of an ordinance changing a II zoning classification of a parcel to HM-12 zoning classi- fication and the adoption of a resolution approving a site development plan showing the construction or development of a low density multi-family residential project on the parcel, the said resolution shall never be actually adopted j by the city commission until the ordinance changing the i zoning classification to RM-12 zoning classification has y� 5 � been finally adopted by the city commission. i (b) Alternatively, and at the sole option of the de- veloper or applicant, the request for the adoption of an ordinance changing the zoning classification of the par- cel or tract from existing zoning classification to RM-12 ; zoning classification may be first considered by both the i planning and zoning board and then the city commission (and i the requested ordinance finally adopted by the city com- mission) before the developer or applicant submits a site development plan to the city for its ultimate approval by i I i the adoption of an appropriate resolution. (4) Hearing before planning and zoning board on site develop- ment plan; further consideration by city commission• authority for city commission to approve site development plan by adoption of resolution. The procedure to be followed regarding the hearing i before the planning and zoning board for the approval of a site development plan, the further consideration of the plan by the city commission and the ultimate approval of the plan by a resolution to be adopted by the city commission shall be in accordance with the I f J' ) I I i i following requirements: (a) A developer or applicant seeking the approval of a site development plan permitting the construction or development of a low density multi-family residential project shall first file the plan and all supporting data with the city building inspector and, at the same time, i j shall pay to the city any filing fees which may be set by i any separate ordinance or resolution of the city. If the building inspector finds that the site development plan i substantially shows the matters and things required under sub-section (1) of the within section, he shall forward the said site development plan and all supporting data j I to the planning and zoning board for an initial review at its next regular meeting. I (b) At the time that the site development plan comes 1 before the planning and zoning board for its initial re- view (and as a result of referral from the building in- j spector) , the planning and zoning board shall make a pre- liminary review of the proposed plan and shall allow the developer or applicant to present any facts or matters which he may deem to be appropriate with respect to ex- plaining the proposed site development plan to the planning and zoning board. The first meeting of the planning and I zoning board at which the site development plan is con- � i sidered and the initial review made shall not be deemed or considered as a hearing for objections but shall be primarily an open meeting between the developer or appli- cant and the planning and zoning board to discuss the proposed site development plan and to reach a possible agreement on any points, considerations or suggestions. The first meeting of the planning and zoning board at i which the site development plan is presented and the said - I� preliminary review made shall be sometimes referred to 1 82 i I i i I a 1 I hereinafter as the "initial review meeting" of the planning and zoning board. At the initial review meeting of the planning and zoning board, any professional zoning con- sultant employed by the city shall be present and shall further make whatever recommendations or suggestions he deems to be appropriate. At the conclusion of the initial review meeting, any plans, changes or amendments which have been tentatively agreed upon by the applicant and the planning and zoning board shall be noted on the site i development plan or made a part of the record of the initial review meeting. (c) At the conclusion of the initial review meeting of the planning and zoning board, the planning and zoning j board shall then set a date for a public hearing before the planning and zoning board at which time all interested _ parties shall have an opportunity to be heard with respect < ' to the recommendations which the planning and zoning board shall make to the city commission regarding the approval 7 i of the site development plan. Ordinarily, the said hearing f to be before the planning and zoning board shall be set on the date of the next regular meeting after the initial review meeting of the planning and zoning board although the planning and zoning board shall have the authority to set the public hearing at a different time if some unusual condition is found to exist. At the public hear- ing, all objections to the proposed site development plan (as same may have been amended by tentative agree- ment of the developer and the planning and zoning board at the initial review meeting) shall be heard. (d) The public hearing before the planning and zoning board where interested parties shall be given an oppor- tunity to be heard and to make objections shall be an open meeting of the planning and zoning board. Notice 83 i i J I i I of the public hearing shall be published once in a news- paper of general circulation in the City of Dania with the publication to be at least fourteen days prior to the hearing date. The notice of hearing shall state the date, time and place of the meeting and a general state- ment indicating that the site development plan will be presented and stating the legal description and best street address that is available for the property. Said I I notice shall also advise that interested parties may e appear at the meeting and be heard with respect to any recommendations which the planning and zoning board may make to the city commission regarding the site develop- ment plan. (e) At the conclusion of the initial review meeting .. of the planning and zoning board when such board sets the date, time and place for the hearing for objections I before the planning and zoning board regarding the recom- mendations of the planning and zoning board to the city commission, the planning and zoning board shall further • � have the right to instruct the building inspector to 1 cause a temporary sign to be constructed at the site of - the parcel or tract which is the subject of the site de- velopment plan, showing in an abbreviated fashion on such sign the basic information to be published in the notice of hearing. Such sign, if required, shall be posted at the site of the parcel or tract at least five days before the public hearing before the planning and zoning board. Further, at such hearing, the building inspector shall state into the record that the sign has been posted in accordance with such time requirement in every instance where the planning and zoning board has required the posting of the sign. The matter of the posting of such sign shall be discretionary in nature 84 i I I � F7f i i i I,I i and even if the posting or placing of the sign at the property site is authorized but then not actually posted or placed through oversight or otherwise, the failure to post the sign shall not affect or diminish the right of the planning and zoning board to conduct the public hearing on the site development plan and then make a recommenda- tion regarding the plan to the city commission. If the planning and zoning board does direct the building in- spector to cause such sign to be placed or posted as afore- said, the applicant shall pay for the actual cost of the construction and placing of the sign and such payment shall be made by the time of the public hearing before the planning and zoning board. I (f) At the conclusion of such public hearing, the planning and zoning board may defer the making of its recommendations to the city commission until its next regular meeting after the public hearing but only one such deferment shall be made SS after the planning and zoning board has conducted the re- quired public hearing. However, after conducting the afore- said public hearing and subject to the said time limitation regarding the making of recommendations, the planning and zoning board shall make its recommendations to the city commission concerning the site development plan and such recommendations shall inform the city commission as to whether the plan conforms with the minimum requirements of section 33-128 of this chapter regarding the construc- tion or development of a low density multi-family residen- tial project in an RM-12 district. (g) The city commission shall consider the recommenda- tions of the planning and zoning board regarding the site development plan at its earliest regular meeting. At such meeting, the city commission may authorize one - further public hearing before the city commission to 85 - 1 , , i f r _ � � r �F7 i I hear objections regarding the final approval of the site development plan and such public hearing before the city commission, if authorized, shall be subject to whatever publication of notice and to whatever de- livery of actual notice to adjacent property owners { the city commission may require. However, the matter E of any public hearing before the city commission regard- ing the approval of the site development plan shall be discretionary on the part of the city commission and the city commission shall have the authority to approve the site development plan immediately after its receipt of the recommendation of the planning and zoning board. (h) The city commission shall give final approval to a site development plan, subject to any changes or modifications that may have been agreed upon, by the adoption of a resolution. With respect to any resolu- tion approving a site developoment plan for the con- struction or developmment of low density multi-family residential units in a district having an RM-12 zoning classification, such resolution shall not be adopted until after the parcel or tract where the site is �. located has been properly and finally zoned to RM-12 zoning classification by ordinance adopted by the city commission. Said resolution, when adopted, shall authorize the immediate issuance of a building permit which shall allow construction to proceed in accordance with the site development plan that has been approved by the resolution. (i) The primary purpose of the aforesaid procedures concerning the approval of a site development plan is to insure that each developer or applicant complies with all existing ordinances of the city as a prerequisite to I i c I the issuance of a building permit for the construction of low density multi-family residential units on a par- cel or tract which is zoned RM-12 zoning classification. As a further incident to the aforesaid procedures, it is the intent of the within section (4) to allow opportuni- ties for the zoning consultant, planning and zoning f board, city commission and the general public to discuss { each site development plan with an applicant or developer i i so that any reasonable changes, alterations, modifi- cations or adjustments may be made in a site develop- ment plan where mutually agreed upon. However, the final approval of a site development plan by the city commission of a site or parcel having the proper zoning classification, shall not be discretionary on the part «3 of the city commission and, in every event, an appli- cant or developer shall be entitled (as a matter of right) '. to the adoption of a resolution which shall cause the issuance of a proper building permit to the applicant i if all matters disclosed by the site developoment plan , ! affirmatively show that the applicant or developer is proposing developoment or construction of a site that will comply with all applicable ordinances of the city. (j) Provided that all notices of hearings before the planning and zoning board (and any notice of hearing be- fore the city commission when a hearing before the city commission is authorized by the city commission) regard- ing the approval of a site development plan are given and show any exceptional or unusual conditions justifying the granting of an exceptional or variance permit, appli- cations and hearings for the approval of a site development J� plan may also be considered as applications and hearings for the granting of a variance or exceptional permit-- ' allowing variances or exceptions from the strict applica- 87 i II c 1 tion of the requirements of section 33-128 as to the con- struction of a low density multi-family residential pro- ject on a particular site--if unusual conditions or a hardship exists so as to preclude the exact application of section 33-128 to the particular parcel or tract under consideration. However, all such notices concerning any f hearings before the planning and zoning board (and the city commission, if the city commission has authorized a further hearing) shall contain supplemental information to show the general details of the application for a vari- ance or exceptional permit. Secs. 33-130 to 33-139 inclusive. Reserved.-- i I i I i I 1 i i I 1 1 i i i 1 1 I i i i i i DIVISION 8. RM-15 - MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 33-140. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known jas 'RM-15 district", is hereby created. I Sec. 33-141. Pur ose of the RM-15 district.-- i The purpose of the RM-15 district is to provide suitable sites for tthe development of medium density multi-family uses with accompanying land- scaped open space which are designed in such a manner as to serve as a transitional land use element between less intensive single family and townhouse residential uses and more intensive multi-family uses or com- mercial or industrial uses. s Sec. 33-142. Uses permitted in RM-15 district.-- The uses which are permitted in the RM-15 district, or the types of j ( buildings or structures which may be constructed or erected on a parcel or tract having an RM-15 zoning classification, are as follows: � 1 j (1) Multi-family residential uses Multi-family dwellings developed in such a manner as to be in compliance with the site development standards more particularly set forth in section 33- 143 of this chapter. (2) Accessory recreational and maintenance uses � Accessory recreational and maintenance uses which are supportive of, and compatible with, a permitted multi-family residential use shall be permitted. Permitted accessory recreational uses and main- tenance uses, which may include (but not be limited to) tennis courts, cabanas, swimming pools, cardrooms, off-street parking areas and storage facilities, shall be related to and available for the common usage of all project residents. (3) Single family detached residential use A single family detached residential use shall also be permitted in RM-15 zon- ing classification to the same extent as though the parcel or tract had an RS-6,000 zoning classification (under Division 1. of this article) , or an RS-8,000 zoning classification (under 1 i 89 I' I i I " a i i r I Y Division 2. of this article) or an RS-12,000 zoning classifica- tion (under Division 3, of this article) . Sec. 33-143. Site development standards for RM-15 district.-- No permit shall be issued for the construction of any type of build- ing improvement on any parcel or tract having an RM-15 zoning classi- fication until after a general site development plan has been first ap- proved by resolution of the city commission adopted in accordance with the requirements of section 33-144 of this chapter and unless the plans submitted to the city at the time that application is made for a build- ing permit show that the parcel or tract shall be developed in accor- dance with the following minimum standards: i (1) Site area. The minimum required size of the parcel or tract on which either medium density multi-family residential j dwellings or single family detached residential dwellings may be constructed shall be in accordance with the following mini- mum requirements: Type of use 71 Minimum square footage Multi-family use 9,600 square feet Single family use 6,000 square feet (2) Density. The maximum number of dwelling units permitted per acre in any medium density multi-family residential development shall be fifteen (15) dwelling units per acre. Such acreage cal- i culations shall not include peripheral public rights of way nor more than fifty (50) per cent of any on site lake or water area included within the project boundaries. At the time of review of the site development plan, additional credit for water areas may be granted as an exception or variance, provided that the appli- cant or developer makes specific reference to a request for such additional credit on the site development plan and further pro- vided that all notices concerning any hearings on the approval of the site development plan show that consideration is being given to allow an additional credit for such water areas, as a variance or exception, with such notices to comply with the i 90 i I i i 1 I ! j� F71-I I specific requirements of sub-section (j) of sub-paragraph (4) of section 33-144 of this chapter. (3) Height. The maximum height of any structure shall not exceed four (4) stories or forty-five (45) feet, whichever is less. (4) Setbacks. Setbacks for any building structures in a medium density multi-family residential district shall comply with the following minimum requirements: Particular side of yard, parcel or tract where the Minimum istructure is located setback " ' Front 20 feet Rear 15 feet Side (corner lot) 20 feet Side (interior lot line) 10 feet 1 Side (between structures) 20 feet (5) Pedestrian ways. Pedestrian ways or sidewalks, constructed of concrete, tile, paving block, brick or other acceptable material, j shall provide access from all multi-family structures to required off-street parking areas. r (6) Land coverage. The maximum amount of site area which may ' be covered by all uses requiring impervious ground coverage in- cluding, but not limited to, structures, streets, alleys, pedes- trian ways, driveways, off-street parking areas, tennis courts, patios and swimming pools, shall not exceed sixty (60) per cent of the total site area. (7) Landscaping. All non-impervious areas shall be landscaped with grass, trees and shrubbery. A minimum of twenty (20) trees per acre of the total site area shall be provided prior to the issuance of a certificate of occupancy. Trees shall be not less than eight (8) feet in height at the time of planting. Landscap- ing shall be well maintained and a sprinkler system for the con- tinual irrigation of trees and other landscape features shall be provided. 91 I � i c Sec. 33-144.--Approval of site development plan regarding overall development of a particular building project on a parcel or tract hav- ing an RM-15 zoning classification.-- Before a permit shall be granted by the city to allow the construc- tion of a medium density multi-family residential project on a parcel or tract having an RM-15 zoning classification, the developer of the over- all medium density multi-family residential project which is being devel- oped or constructed on the parcel or tract shall apply to the city for the approval of a site development plan which shall be submitted by the developer to the city and which shall be in accordance with the following requirements. or which shall meet the following standards- (1) Matters to be shown on site development plan. The site - ' development plan shall be a physical drawing, plan or architectural 9 projection (together with any related specifications, notes or _ i explanations which may be appropriate in a particular circumstance) , drawn to scale and which shall show generally, in proper and clear ' form and dimension, the following: (a) The location, size, density, height, groupings and setbacks of each and every type of improvement which the developer proposes to construct on the tract and which, . in the aggregate, will show compliance or fulfillment by ..,�':. the developer (or applicant) of all of the terms, condi- tions and requirements required as minimum requirements (under the several terms, conditions, restrictions and limitations stated in section 33-143 of this chapter) for ' the construction of medium density multi-family residential dwelling units on the particular parcel or tract which constitutes the site of the proposed development and which is the subject of the developer's application to the city. (b) Specifically, without limitation on any of the re- quirements which may be set forth in sub-paragraph (a) of I sub-section (1) of this section, the site development plan shall show generally the following: 92 I 1 c I i i (i.) The location area dim ension and size of the plot, parcel or tract which is the subject of the application and which the developer or j . applicant proposes to use as a site for the de- velopment and construction of medium density multi- . j family residential dwelling units on the plot. (ii.) The location, general character, size, height and setback or all buildings, stuctures, I improvements and uses on the plot, including walls, fences and hedges. (iii.) The location, character and enclosure 4 - of all outside facilities, accessory buildings, p recreational facilities, pumps, sewerage and 9 garbage disposal facilities and any related 111 types of uses. ^' (iv.) All curb cuts, driveways, parking areas, loading areas, service areas, streets, sidewalks, public ways, easements and dedica- tions. } (v.) Location, size, character, height and jf orientation of all signs that the applicant may i{ propose to construct. (vi.) A general plan of the landscaping and trees which the applicant proposes to install. (vii.) The finished grade and elevation of the Plot, parcel or tract which is the subject of the ` application. (viii.) Any and all information which the city must have available to it in order to determine I that the overall improvement, construction and de- velopment which is proposed by the developer or i . � applicant conforms to all of the applicable pro- I visions of the within Division a., concerning the 93 I 1 I `x` i 1 development and construction of a medium density multi- family residential project in an RM-15 district, as well as all other applicable ordinances of the city concerning building, zoning and related mat- ters. (2) Purpose of site development plan The sole purpose of a site development plan is to make available to the city all appli- cable information, in a convenient and readily understandable i form, so that the city can determine whether the proposed im- ° provement, construction and development of a medium density multi- family residential project complies with the within Division 3 8. and all other applicable ordinances of City of Dania. It is i not the purpose and intent of the requirement of a site develop- ment plan to require or demand that any developer or applicant do any act, or agree to any covenant, above and beyond the..min- imum requirements of the within Division 8. and all other ordi- nances of the city which are applicable to a proposed medium density multi-family residential project. The requirement of a site de- velopment plan shall not create any inference that the approval of such a plan is a discretionary act on the part of the city and finally I the city shall y approve any site development plan for the construction of medium density multi-family residential dwell- ing units, if the plan complies with the minimum requirements I of the within Division 8. and all other applicable zoning and I building ordinances of City of Dania. (3) Authority to submit site development plan before particular parcel or tract has been zoned into the zoning classification or i zoning district which allows the construction of the type shown on the plan. By the adoption of the within comprehensive zoning ordinance (that is, the within §33) , the city commission recognizes 1 that, ordinarily, a parcel or tract of land should have, or bear, i the appropriate zoning classification permitting the type of construc- tion which a developer proposes on a site development plan before 94 f E I I 4 I I r the actual receipt and review or consideration by the city of a pro- posed site development plan. However, the city commission further recognizes that a developer requesting rezoning of a particular parcel or tract into a certain zoning classification or zoning district (RM-15, for example) may also desire a simultaneous consideration by the appropriate advisory or governing bodies of the city of a site development plan (permitting the construction or develop- ment of a medium density multi-family residential project, for ex- ample) . Therefore, in order to avoid a multiplicity of hearings on a generally related subject, the following optional procedures i shall be permitted, allowed or recognized regarding the rezoning 7 of a particular parcel or tract to RM-15 zoning classification, so as to provide the appropriate zoning classification which will allow the construction or development of a medium density multi-family residential development on the parcel or tract, and the related ap- proval of a site development plan showing the specific details of th6 proposed construction or development of a medium density multi- family residential project on the particular parcel or tract: (a) At the option of the developer or applicant in I a'situation where a particular parcel or tract does not have an appropriate RM-15 zoning classification so as to permit the construction or development of a medium density multi-family residential project on the tract, the developer or applicant may submit proper application to the city for the adoption of an ordinance changing the existing zoning classification of the parcel or tract from existing zon- ing classification to RM-15 zoning classification at the same time as he submits an application to the city for the adoption of a resolution approving a site de- velopment plan showing the proposed development of the parcel or tract as a site for a medium density multi-family I residential project. In the event that the application for the adoption of a resolution approving the site de- 95 71 i e i i velopment plan is submitted simultaneously with the appli- cation for the adoption of an ordinance changing the zoning I classification to an RM-15 zoning classification so that the parcel or tract shall be in a proper zoning district to permit the construction of medium density multi-family resi- dences as proposed in the site development plan, the planning and zoning board of the city and the city commission shall have authority to proceed with a consideration of the site development plan simultaneously with its consideration of a request for the adoption of an ordinance changing the zoning classification of the parcel or tract to the ap- propriate zoning classification permitting the construc- tion of improvements of the type shown on the site develop- ment plan. That is, as either the planning and zoning board or the city commission conducts hearings and considers objec- tions to the adoption of an ordinance changing the zoning classification of a particular parcel or tract to RM-15 zoning classification, either the planning and zoning board or the city commission may conduct similar hearings and con- sider objections on the related matter of the adoption of a resolution approving the proposed site development plan showing the construction or development of a medium density I multi-family residential project on the parcel or site. However, in all events where the planning and zoning board and the city commission attempt a simultaneous consideration (or a consideration at or about the same time) of both the application for the adoption of an ordinance changing a zoning classification of a parcel to RM-15 zoning classi- fication and the adoption of a resolution approving a site jdevelopment plan showing the construction or development of a medium density multi-family residential project on the parcel, the said resolution shall never be actually adopted i by the city commission until the ordinance changing the 96 1 i I LJ 1 i Fes.. _. _. _....-..,...,. .: 1 _ I zoning classification to RM-15 zoning classification has been I finally adopted by the city commission. i (b) Alternatively, and at the sole option of the de- veloper or applicant, the request for the adoption of an ordinance changing the zoning classification of the par- cel or tract from existing zoning classification to RM-15 zoning classification may be first considered by both the planning and zoning board and then the city commission (and the requested ordinance finally adopted by the city com- mission) before the developer or applicant submits a site I development plan to the city for its ultimated approval by i the adoption of an appropriate resolution. (4) Hearing before planning and zoning board on site develop- ment plan further consideration by city commission; authority for city commission to approve site development plan by adoption � of resolution. The procedure to be followed regarding the hearing `+ before the planning and zoning board for the approval of a site development plan, the further consideration of the plan by the city commission and the ultimate approval of the plan by a resolution to be adopted by the city commission shall be in accordance with the following requirements: i ' (a) A developer or applicant seeking the approval i of a site development plan permitting the construction ... ". or development of amedium density multi-family residential project shall first file the plan and all supporting data with the city building inspector and, at the same time, shall pay to the city any filing fees which may be set by any separate ordinance or resolution of the city. If the building inspector finds that the site development plan substantially shows the matters and things required under • sub-section (1) of the within section, he shall forward the said site development plan and all supporting data to the planning and zoning board for an initial review �1 9'7 I at its next regular meeting. - (b) At the time thAt the site development plan comes before the planning and zoning board for its initial re- view (and as a result of referral from the building in- spector), the planning and zoning board shall make a pre- liminary review of the proposed plan and shall allow the developer or applicant to present any facts or matters which he may deem to be appropriate with respect to ex- plaining the proposed site development plan to the planning 1 and zoning board. The first meeting of the planning and zoning board at which the site development plan is con- sidered and the initial review made shall not be deemed For considered as a hearing for objections but shall be primarily an open meeting between the developer or appli- Z ){ . cant and the planning and zoning board to discuss the ~ {q9 I �JJJq proposed site development plan and to reach a possible agreement on any points, considerations or suggestions. '! The first meeting of the planning and zoning board at t which the site development plan is presented and the said preliminary review made shall be sometimes referred to hereinafter as the "initial review meeting" of the planning and zoning board. At the initial review meeting of the i _ planning and zoning board, any professional zoning con- sultant employed by the city shall be present and shall further make whatever recommendations or suggestions he deems to be appropriate. At the conclusion of the initial review meeting, any plans, changes or amendments which have been tentatively agreed upon by the applicant and the planning and zoning board shall be noted on the site development plan or made a part of the record of the initial review meeting. (c) At the conclusion of the initial review meeting i of the planning and zoning board, the planning and zoning I 98 i . I e � I 4 I I 1 I board shall .then set a date for a public hearing before the planning and zoning board at which time all interested j parties shall have an opportunity to be heard with respect to the recommendations which the planning and zoning board shall make to the city commission regarding the approval I of the site development plan. Ordinarily, the said hearing to be before the planning and zoning board shall be set on the date of the next regular meeting after the initial review meeting of the planning and zoning board although the planning and zoning board shall have the authority to set the public hearing at a different time if some unusual condition is found to exist. At the public hear- I ing, all objections to the proposed site development .�_ plan (as same may have been amended by tentative agree- ment of the developer and the planning and zoning board !� I 7 at the initial review meeting) shall be heard. 7 (d) The public hearing before the planning and zoning board where interested parties shall be given an oppor- tunity to be heard and to make objections shall be an open meeting of the planning and zoning board. Notice 1. t ( of the public hearing shall be published once in a news- paper of general circulation in the City of Dania with the publication to be at least fourteen days prior to the hearing date. The notice of hearing shall state the date, time and place of the meeting and a general state- went indicating that the site development plan will be presented and stating the legal description and best street address that is available for the property. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to any I recommendations which the planning and zoning board may make to the city commission regarding the site develop- ment plan. 99 I Y 1. 1 1 f 1 wY 4 i (e) At the conclusion of the initial review meeting of the planning and zoning board when such board sets the date, time and place for the hearing for objections before the planning and zoning board regarding the recom- mendations of the planning and zoning board to the city commission, the planning and zoning board shall further have the right to instruct the building inspector to cause a temporary sign to be constructed at the site of the parcel or tract which is the subject of the site de- velopment plan, showing in an abbreviated fashion on { such sign the basic information to be published in the i notice of hearing. Such sign, if required, shall be posted at the site of the parcel or tract at least five I days before the public hearing before the planning and zoning board. Further, at such hearing, the building inspector shall state into the record that the sign has been posted in accordance with such time requirement in every instance where the planning and zoning board has required the posting of the sign. The matter of the posting of such sign shall be discretionary in nature and even if the posting or placing of the sign at the property site is authorized but then not actually posted " _ I or placed through oversight or otherwise, the failure to post the sign shall not affect or diminish the right of the planning and zoning board to conduct the public hearing on the site development plan and then make a recommenda- tion regarding the plan to the city commission. If the planning and zoning board does direct the building in- spector to cause such sign to be placed or posted as afore- said, the applicant shall pay for the actual cost of the construction and placing of the sign and such payment shall be made by the time of the public hearing before the planning' and zoning board. 100 y I (f) At the conclusion of such public hearing, the planning and zoning board may defer the making of its recommendations ' to the city commission until its next regular meeting after the public hearing but only one such deferment shall be made after the planning and zoning board has conducted the re- quired public hearing. However, after conducting the afore- said public hearing and subject to the said time limitation regarding the making of recommendations, the planning and zoning board shall make its recommendations to the city commission concerning the site development plan and such I recommendations shall inform the city commission as to iwhether the plan conforms with the minimum requirements i i of section 33-143 of this chapter regarding the construc- tion or development of a medium density multi-family residen- tial project in an RM-15 district. (g). The city commission shall consider the recommenda- tions of the planning and zoning board regarding the site development plan at its earliest regular meeting. At 191919 such meeting, the city commission may authorize one further public hearing before the city commission to hear objections regarding the final approval of the 14 site development plan and such public hearing before i the city commission, if, authorized, shall be subject t} i to whatever publication of notice and to whatever de-- g$((( livery of actual notice to adjacent property owners the city commission may require. However, the matter ff� of any public hearing before the city commission regard- E ing the approval of the site development plan shall be discretionary on the part of the city commission F and the city commission shall have the authority to (Ef j approve the site *development plan immediately after r� , i its receipt of the recommendation of the planning and zoning board. 101 F I • � 1 I I j 1 1 I (h) The city commission shall give final approval to a site development plan, subject to any changes or modifications that may have been agreed upon, by the adoption of a resolution. With respect to any resolu- tion approving a site developoment plan for the con- struction or developmment of medium density multi-family i residential units in a district having an RM-is zoning 1 classification, such resolution shall not be adopted until after the parcel or tract where the site is I I located has been properly and finally zoned to RM-15 zoning classification by ordinance adopted by j the city commission. Said resolution, when adopted, I i shall authorize the immediate issuance of a building 1 permit which shall allow construction to proceed in I I accordance with the site development plan that has been approved by the resolution. I (i) The primary purpose of the aforesaid 1 lip"'i procedures concerning the approval of a site development plan is to insure that each developer or applicant complies with all existing ordinances of the city as a prerequisite to � the issuance of a building permit for the construction 1 of medium density multi-family residential units on a par- I I t cel or tract which is zoned RM-15 zoning classification. ! ( I As a further incident to the aforesaid procedures, it is f� the intent of the within section (4) to allow opportuni- ties for the zoning consultant, planning and zoning board, city commission and the general public to discuss I each site development plan with an applicant or developer i so that any reasonable changes, alterations, modifi- cations or adjustments may be made in a site develop- ment plan where mutually agreed upon. However, the I final approval of a site development plan by the city I commission of a site or parcel having the proper zoning soz I I i J 1 1 , j classification, shall not be discretionary on the part of the city commission and, in every event, an appli- cant or developer shall be entitled (as a matter of right) ' to the adoption of a resolution which shall cause the { issuance of a proper building permit to the applicant 1 if all matters disclosed by the site developoment plan I affirmatively show that the applicant or developer is proposing developoment or construction of a site that will comply with all applicable ordinances of the city. (j) Provided that all notices of hearings before they jplanning and zoning board 1 p g g (and any notice of hearing be- fore the city commission when a hearing before the city commission is authorized by the city commission) regard- ing the approval of a site development plan are given _,. and show any exceptional or unusual conditions justifying I ' the granting of an exceptional or variance permit, appli- cations and hearings for the approval of a site development plan may also be considered as applications and hearings i for the granting of a variance or exceptional permit-- allowing variances or exceptions from the strict applica- tion of the requirements of section 33-143 as to the con- 1 struction of a medium density multi-family residential pro- ject on a particular site--if unusual conditions or a hardship exists so as to preclude the exact application , of section 33-143 to the articular p parcel or tract under i consideration. However, all such notices concerning any i hearings before the planning and zoning board (and the city commission, if the city commission has authorized a further hearing) shall contain supplemental information to show the general details of the application for a vari- ance or exceptional permit. I i 103 LJ • I DIVISION 9. RM-17 - HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 33-145. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "RM-17 district", is hereby created. Sec. 33-146. Purpose of the RM-17 district.-- The purpose of the RM-17 district is to provide suitable sites for the development of relatively high density multi-family uses which are de- signed in such a manner as to retain an open space environment. Sec. 33-147. Uses permitted in RM-17 district.-- The uses which are permitted in the RM-17 district, or the types of buildings or structures which may be constructed or erected on a parcel or tract having an RM-17 zoning classification, are as follows: (1) Multi-family residential uses. Multi-family dwellings developed in such a manner as to be in compliance with the site development standards more particularly set forth in section 33- 148 of this chapter. y (2) Accessory recreational and maintenance uses Accessory recreational and maintenance uses which are supportive of, and compatible with, a permitted multi-family residential use shall be permitted. Permitted accessory recreational uses and main- tenance uses, which may include (but not be limited to) tennis courts, cabanas, swimming pools, cardrooms, off-street parking areas and storage facilities, shall be related to and available for the common usage of all project residents. (3) Public facility uses or public utility uses Public fa- cility uses or public utility uses including, but not limited to, a school, museum, library, police station, fire station, civic cen- ter, electrical substation or sewage lift station. (4) Places of worship and private schools After a public hear- - { ing before the city commission and subject to whatever publication of notice, if any, the city commission may require, the city com- mission may allow the following special uses: 1©4 i { y T� . In+.�i'9ryCi11Gla AI Ym.v _. :..a i•tv.vt ..i. .. }:: .. _ .... ... .......... I 4 I (a) Place of worship, including (but not limited to a church, temple or other similar established religious building. (b) Private school, including (but not limited to) a nursery, child care center or parochial school. Sec. 33-148. Site development standards for RM-17 district.-- No permit shall be issued for the construction of any type of build- ing improvement on any parcel or tract having an RM-17 zoning classi- fication until after a general site development plan has been first ap- proved by resolution of the city commission adopted in accordance with j the requirements of section 33-149 of this chapter and unless the plans submitted to the city at the time that application is made for a build- j 1 � i ing permit show that the parcel or tract shall be developed in accor- dance with the following minimum standards: 'I (1) Site area. The minimum required size of the parcel or tract on which high density multi-family residential dwellings (or structures of other permitted types as set forth in section 33-147) may be constructed shall be not less than five (5) acres. (2) Density. The maximum number of dwelling units permitted per acre in any high density multi-family residential development shall be seventeen (17) dwelling units per acre. Such acreage cal- culations shall not include peripheral public rights of way nor more than fifty (50) per cent of any on site lake or water area included within the project boundaries. At the time of review of the site development plan, additional credit for water areas may be granted as an exception or variance, provided that the appli- cant or developer makes specific reference to a request for such additional credit on the site development plan and further pro- vided that all notices concerning any hearings on the approval of the site development plan show that consideration is being given to allow an additional credit for such water areas, as a variance or exception, with such notices to comply with the specific requirements of sub-section (j) of sub-paragraph (4) I I i i �I of section 33-149 of this chapter. j (3) Height. The maximum height of any structure shall not exceed four (4) stories or forty-five (45) feet, whichever is j I less. At the time of review of the site development plan, ad- ditional height may be permitted or approved as an exception or variance, provided that the applicant or developer makes spe- cific reference to a request for such additional height on the site development plan and further provided that all notices con- cerning any hearings on the approval of the site development plan show that consideration is being given to allowing an ad- 3 ditional number of stories (in excess of four stories or forty- five feet, whichever is less) , as a variance or exception, with i such notice to comply with the specific requirements of sub- section (j) of sub-paragraph (4) of section 33-149 of this chapter. However, if the applicant or developer does request I such variance or exception regarding height limitations, he j shall provide for a proportionate increase in the amount of i all setback distances and such increase shall be shown on the site development plan. (4) Setbacks. Setbacks for any building structures in a high density multi-family residential district shall comply with the ' following minimum requirements. Particular side of yard, parcel or tract where the Height of Minimum structure is located building `etback Front one and two story 20 feet three story 30 feet four story 40 feet Rear one and two story 20 feet three story 25 feet j four story 30 feet I Side (corner lot or one and two story 20 feet between structures) three story 30 feet four story 40 feet i 106 1. a I y I i (continuation) Particular side of yard, parcel or tract where the Height of Minimum structure is located building setback I I . Side (interior lot line) one and two story 10 feet i three story 15 feet four story 20 feet Adjacent single-family one and two story 25 feet residential districts (that is, either RS-6,000 three story 100 feet under Division 1, or RS- 8,000 under Division 2 four story 100 feet or RS-12,000 under Divi- sion 3) I (5) Pedestrian ways. Pedestrian ways or sidewalks, constructed of concrete, tile, paving block, brick or other acceptable material, 3+ shall provide access from all multi-family structures to required off-street parking areas. (6) Land coverage. The maximum amount of site area which may , be covered by all uses requiring impervious ground coverage in- !I ' cluding, but not limited to, structures, street, alleys, pedes- trian ways, driveways, off-street parking areas, tennis courts, patios and swimming pools, shall not exceed sixty (60) per cent of the total site area. gi (7) Landscaping. All non-impervious areas shall be landscaped { with grass, trees and shrubbery. A minimum of twenty (20) trees per acre of the total site area shall be provided prior to the issuance of a certificate of occupancy. Trees shall be not less than eight (8) feet in height at the time of planting. Landscap- ing shall be well maintained and a sprinkler system for the con- . ! tinual irrigation of trees and other landscape features shall be provided. Sec. 33-199.--A22roval of site development plan regarding overall development of a particular building project on a parcel or tract hav- ing an RM-17 zoning classification.-- Before a permit shall be granted by the city to allow the construc- tion of a high density multi-family residential project on a parcel or tract i i I j 10"7 � I . I J F i i on a parcel or tract having an RM-17 zoning classification, the developer of the overall parcel or tract shall apply to the city for the approval of a site development plan which shall be submitted by the developer to the city and which shall be in accordance with the following requirements I or which shall meet the following standards: i (1) Matters to be shown on site development plan, The site development plan shall be a physical drawing, it plan or architectural projection (together with any related specifications, notes or i explanations which may be Y appropriate in a particular circumstance) , drawn to scale and which shall show generall y,Y. in proper and clear � form and dimension, the following: (a) The location, size, density, height, groupings and setbacks of each and every type of improvement which the i developer proposes to construct on the tract and which, i I in the aggregate, will show compliance or fulfillment by the developer (or applicant) of all of the terms, condi- tions and requirements required as minimum requirements w i (under the several terms, conditions, restrictions and ! limitations stated in section 33-148 of this chapter) for 1 the construction of high density multi-family residential dwelling units on the particular parcel or tract which constitutes the site of the proposed development and which ' iis the subject of the developer's application to the city. (b) Specifically, without limitation on any of the re- quirements which may be set forth in sub-paragraph (a) of ... sub-section (1) of this section, the site development plan j shall show generally the following: j U.) The location, area, dimension and size I of the plot, parcel or tract which is the subject of the application and which the developer or { applicant proposes to use as a site for the de- velopment and construction of high density multi- family residential dwelling units on the plot. i 108 i I I I i I I I I� I (ii.) The location, general character, size, ( height and setback or all buildings, stuctures, improvements and uses on the plot, including walls, fences and hedges. (iii.) The location, character and enclosure I of all outside facilities, accessory buildings, j recreational facilities, pumps, sewerage and garbage disposal facilities and any related types of uses. (iv.) All curb cuts, driveways, parking areas, loading areas, service areas, streets, sidewalks, public ways, easements and dedica- tions. I (v.) Location, size, character, height and orientation of all signs that the applicant may • propose to construct. 9 (vi.) A general plan of the landscaping and 1 trees which the applicant proposes to install. I (vii.) The finished grade and elevation of the I plot, parcel or tract which is the subject of the application. I (viii.) Any and all information which the city must have available to it in order to determine that the overall improvement, construction and de- velopment which is proposed by the developer or applicant conforms to all of the applicable pro- , visions of the within Division 9., concerning the development and construction of a high density multi- family residential project in an RM-17 district, as well as all other applicable ordinances of the f city concerning building, -, zoning and related mat- i ters. (2) Purpose of site development plan The sole purpose of a 109 I I �' ( if i f{I; site development plan is to make available to the cityall appli- cable information, in a convenient and readily understandable form, so that the city can determine whether the proposed im- provement, construction and development of a high density multi- family residential project complies with the within Division 9. and all other applicable ordinances of City of Dania. It is not the purpose and intent of the requirement of a site develop- ment plan to require or demand that any developer or applicant do any act, or agree to any covenant, above and beyond the min- imum requirements of the within Division 9. and all other ordi- nances of the city which are applicable to a proposed high density 1 multi-family residential project. The requirement of a site de- velopment plan shall not create any inference that the approval of such a plan is a discretionary act on the part of the city and the city shall finally approve any site development plan for `{ the construction of high density multi-family residential dwell- ing units, if the plan complies with the minimum requirements of the within Division 9, and all other applicable zoning and building ordinances of City of Dania. (3) Authority to submit site development plan before Particular parcel or tract has been zoned into the zoning classification or { zoning district which allows the construction of the type shown �! on the plan. By the adoption of the within comprehensive zoning i i ordinance (that is, the within 533) , the city commission recognizes that, ordinarily, a parcel or tract of land should have, or bear, the appropriate zoning classification permitting the type of construc- tion which a developer proposes on a site development plan before ! j the actual receipt and review or consideration by the city of a pro- 1 � posed site development plan. However, the city commission further i recognizes that a developer requesting rezoning of a particular parcel or tract into a certain zoning classification or zoning district (RM-17, for example) may also desire a simultaneous consideration by the appropriate advisory or governing bodies of the city of i 1 I 110 i i _ e '1' t ii i a site development plan (permitting the construction or develop- ment of a high density multi-family residential project, for ex- 1 ample) . Therefore, in order to avoid a multiplicity of hearings j on a generally related subject, the following optional procedures I shall be permitted, allowed or recognized regarding the rezoning of a particular parcel or tract to RM-17 zoning classification, so as to provide the appropriate zoning classification which will allow the construction or development of a high density multi-family j residential development on the parcel or tract, and-the related ap- I 1 s proval of a site development plan showing the specific details of the proposed construction or development of a.high density multi- , 9 family residential project on the particular parcel or tract: '. (a) At the option of the developer or applicant in i E, j a situation where a particular parcel or tract does not ' have an appropriate RM-17 zoning classification so as to '+ permit the construction or development of a high density multi-family residential project on the tract, the developer or applicant may submit proper application to the city for C 7 the adoption of an ordinance changing the existing zoning classification of the parcel or tract from existing zon- ing classification to RM-17 zoning classification at the same time as he submits an application to the city for the adoption of a resolution approving a site de- E velopment plan showing the proposed development of the l` r a high density multi-family parcel or tract as a site fo j residential project. In the event that the application for the adoption of a resolution approving the site de- , velopment plan is submitted simultaneously with the appli- cation for the adoption of an ordinance changing the zoning classification to an RM-17 zoning classification so that the parcel or tract shall be in a proper zoning district to permit the construction of high density multi-family resi-. �; dences as proposed in the site development plan, the planning `. 111 t f „ i and zoning board of the city and the city commission shall have authority to proceed with a consideration of the site development plan simultaneously with its consideration of a request for the adoption of an ordinance changing the zoning classification of the parcel or tract to the ap- propriate zoning classification permitting the construc- tion of improvements of the type shown on the site develop- - i ment plan. That is, as either the planning and zoning board i or the city commission conducts hearings and considers objec- tions to the adoption of an ordinance changing the zoning i classification of a particular parcel or tract to RM-17 zoning classification, either the planning and zoning board f or the city commission may conduct similar hearings and con- i sider objections on the related matter of the adoption of I I a resolution approving the proposed site development plan showing the construction or development of a high density • multi-family residential project on the parcel or site. However, in all events where the planning and zoning board and the city commission attempt a simultaneous consideration i _ 'r a consideration at or about the same time) of both the j application for the adoption of an ordinance changing a fi zoning classification of a parcel to RM-17 zoning classi- fication and the adoption of a resolution approving a site development plan showing the construction or development I of a high density multi-family residential project on the parcel, the said resolution shall never be actually adopted i by the city commission until the ordinance changing the zoning classification to RM-17 zoning classification has been finally adopted by the city commission. i (b) Alternatively, and at the sole option of the de- ! veloper or applicant, the request for the adoption of an ordinance changing the zoning classification of the par- . i cel or tract from existing zoning classification to RM-17 I 112 I E I i i I zoning classification may be first considered by both the planning and zoning board and then the city commission (and the requested ordinance finally adopted by the city com- mission) before the developer or applicant submits a site development plan to the city for its ultimate approval by the adoption of an appropriate resolution. (4) Hearing before planning and zoning board on site develop- ment plan; further consideration by city commission; authority i for city commission to approve site development plan by adoption i of resolution. The procedure to be followed regarding the hearing before the planning and zoning board for the approval of a site development plan, the further consideration of the plan by, the city commission and the ultimate approval of the plan by a resolution to be adopted by the city commission shall be in accordance with the er following requirements: (a). A developer or applicant seeking the approval i of a site development plan permitting the construction j or development of a high density multi-family residential project shall first file the plan and all supporting data with the city building inspector and, at the same time, ) shall pay to the city any filing fees which may be set by r any separate ordinance or resolution of the city. if the building inspector finds that the site development plan substantially shows the matters and things required under sub-section (1) of the within section, he shall forward the said site development plan and all supporting data to the planning and zoning board for an initial review iat its next regular meeting. i (b) At the time that the site development plan comes before the planning and zoning board for its initial re- view (and as a result of referral from the building in- spector) , the planning and zoning board shall make a pre- liminary review of the proposed plan and shall allow the 113 .,.. .. ....... __ -_ i I I developer or applicant to present any facts or matters which he may deem to be appropriate with respect to ex- plaining the proposed site development plan to the planning and zoning board. The first meeting of the planning and zoning board at which the site development plan is con- sidered and the initial review made shall not be deemed or considered as a hearing for objections but shall be - primarily an open meeting between the developer or appli- cant and the planning and zoning board to discuss the � proposed site development plan and to reach a possible agreement on any points, considerations or suggestions. i The first meeting of the planning and zoning board at f which the site development plan is presented and the said ` _ preliminary review made shall be sometimes referred to l u _ . hereinafter as the "initial review meeting" of the planning • and zoning board. At the initial review meeting of the planning and zoning board, any professional zoning con- sultant employed by the city shall be present and shall further make whatever recommendations or suggestions he deems to be appropriate. At the conclusion of the initial review meeting, any plans, changes or amendments which ^ � have been tentatively agreed upon by the applicant and the planning and zoning board shall be noted on the site development plan or made a part of the record of the initial review meeting. (c) At the conclusion of the initial review meeting of the planning and zoning board, the planning and zoning j board shall then set a date for a public hearing before ! the planning and zoning board at which time all interested i parties shall have an opportunity to be heard with respect to the recommendations which the planning and zoning board i shall make to the city commission regarding the approval of the site development plan. Ordinarily, the said hearing - . 114 f P . 1. i I I I I ! to be before the planning and zoning board shall be set ' i on the date of the next regular meeting after the initial I review meeting of the planning and zoning board although the planning and zoning board shall have the authority to set the public hearing at a different time if some unusual condition is found to exist. At the public hear- ing, all objections to the proposed site development plan (as same may have been amended by tentative agree- ment of the developer and the planning and zoning board at the initial review meeting) shall be heard. (d) The public hearing before the planning and zoning board where interested parties shall be given an oppor- tunity to be heard and to make objections shall be an ., open meeting of the planning and zoning board. Notice of the public hearing shall be published once in a news- paper of general circulation in the City of Dania with the publication to be at least fourteen days prior to the hearing date. The notice of hearing shall state the date, time and place of the meeting and a general state- ment indicating that the site development plan will be presented and stating the legal description and best street address that is available for the property. Said inotice shall also advise that interested parties may appear at the meeting and be heard with respect to any recommendations which the planning and zoning board may make to the city commission regarding the site develop- ment plan. I 1 (e) At the conclusion of the initial review meeting of the planning and zoning board when such board sets, the date, time and place for the hearing for objections ' before the planning and zoning board regarding the recom- mendations of the planning and zoning board to the city commission, the planning and zoning board shall further I 115 01 I I i j have the right to instruct the building inspector to cause a temporary sign to be constructed at the site of the parcel or tract which is the subject of the site de- velopment plan, showing in an abbreviated fashion on I such sign the basic information to be published in the notice of hearing. Such sign, if required, shall be j posted at the site of the parcel or tract at least five days before the public hearing before the planning and j zoning board. Further, at such hearing, the building inspector shall state into the record that the sign has i been posted in accordance with such time requirement in I every instance where the planning and zoning board has � required the posting of the sign. The matter of the posting of such sign shall be discretionary in nature j i and even if the posting or placing of the sign at the property site is authorized but then not actually posted I� or placed through oversight or otherwise, the failure to post the sign shall not affect or diminish the right of the planning and zoning board to conduct the public hearing on the site development plan and then make a recommenda- tion regarding the plan to the city commission. If the i i planning and zoning board does direct the building in- spector to cause such sign to be placed or posted as afore- said, the applicant shall pay for the actual cost of the construction and placing of the sign and such g payment shall I i be made by the time of the public hearing before the planning i and zoning board. i (f) At the conclusion of such public hearing, the planning and zoning board may defer the making of its recommendations to the city commission until its next regular meeting after I the public hearing but only one such deferment shall be made after the planning and zoning board has conducted the re- quired public hearing. However, after conducting the afore- I 116 i i • I � 4 s 4� I I 4 i said public hearing and subject to the said time limitation I regarding the making of recommendations, the planning and zoning board shall make its recommendations to the city commission concerning the site development plan and such recommendations shall inform the city commission as to I whether the plan conforms with the minimum requirements I of section 33-147 of this chapter regarding the construc- tion or development of a high density multi-family residen- tial project in an RM-17 district. i (g) The city commission shall consider the recommends- tions of the planning and zoning board regarding the site development plan at its earliest regular meeting. At such meeting, the city commission may authorize one further public hearing before the city commission to II -.. hear objections regarding the final approval of the site development plan and such public hearing before the city commission, if authorized, shall be subject to whatever publication of notice and to whatever de- livery of actual notice to adjacent property owners the city commission may require. However, the matter of any public hearing before the city commission regard- ing the approval of the site development plan shall be discretionary on the part of the city commission q and the city commission shall have the authority to 19 approve the site development plan immediately after j its receipt of the recommendation of the planning and zoning board. (h) The city commission shall give final approval to a site development plan, subject to any changes or j modifications that may have been agreed upon, by the adoption of a resolution. With respect to any resolu- tion approving a site developoment plan for the con- I struction or developmment of high density multi-family 117 i j L� 'F7 residential units in a district having an RM-17 zoning classification, such resolution shall not be adopted f until after the parcel or tract where the site is located has been properly and finally zoned to RM-17 zoning classification by ordinance adopted by the city commission. Said resolution, when adopted, I shall authorize the immediate issuance of a building I ipermit which shall allow construction to proceed in accordance with the site development plan that has J been approved by the resolution. 7 i (i) The primary purpose of the aforesaid procedures concerning the approval of a site development plan is � to insure that each developer or applicant complies with all existing ordinances of the city as a prerequisite to I the issuance of a building permit for the construction of high density multi-family residential units on a par- t 4 cel or tract which is zoned RM-17 zoning classification. i i 46-A'lOFfih@E incident to the aforesaid procedures, it is f i the intent of the within section (4) to allow opportuni- ties for the zoning consultant, planning and zoning board, city commission and the general public to discuss each site development plan with an applicant or developer - *. so that any reasonable changes, alterations, modifi- cations or adjustments may be made in a site develop- ment plan where mutually agreed upon. However, the i final approval of a site development plan by the city I commission of a site or parcel having the proper zoning classification, shall not be discretionary on the part 1 of the city commission and, in every event, an appli- cant or developer shall be entitled (as a matter of right) to the adoption of a resolution which shall cause the issuance of a proper building permit to the applicant if all matters disclosed by the site developoment plan 118 i i I f � r i 1 J affirmatively show that the applicant or developer is struction of z. site that proposing developoment or con will comply with all applicable ordinances of the city. (j) provided that all notices of hearings before the zoning board (and any notice of hearing be- planning and the city fore the city commission when a hearing before commission is authorized by the city commission) regard- ins the approval of a site development plan are given l or unusual conditions ju stifying and show any exceptiona I the granting of an excep tional or variance permit, appli- r the approval of a site development cations and hearings fo plan may also be considered as applications and hearings ce or exceptional permit-- for the granting of a varian allowing variances or exceptions from the strict applica- to the con- { tion of the requirements of section 33-147 as f a high density multi-family residential pro- struction o • ject on aparticular site--if unusual conditions or a eclude the exact application hardship exists so as to pr of section 33-147 to the particular parcel or tract under �( s concerning any consideration. However, all such notice hearings before the p (and the planning and zoning board uthorized a city commission, if the city commission has a ain supplemental information further hearing) shall cont I s of the application for a vari- to show the general detail ante or exceptional permit. I ICI I I ii9 r .. L us : < �'. , i i DIVISION 10. C-1 - NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 33-150. Creation of the district.-- , ( A zoning district, zoning area or zoning classification, to be known - as "C-1 district", is hereby created. Sec. 33-151. Purpose of the C-1 district.-- The purpose of the C-1 district is to provide suitable sites for the ! i j development of small offices and retail or service oriented commercial uses which are structurally compatible with nearby residential uses and I i are conveniently located to serve the basic and ordinary consumer needs i of local residents. Sec. 33-152. Uses Permitted in C-1 district.-- � The uses which are permitted in the C-1 district, or the types of � buildings or structures which may be constructed or erected on a parcel I or tract having a C-1 zoning classification, are as follows: i (1) Offices. Offices including, but not limited to, those of t i either an administrative nature professional nature or financial � nature are permitted in the district. i (2) Retail establishments. All types of retail establishments-- � excluding any type of drive-in business or business involving exterior activities, unless authorization has been given by the city commission which may act at its discretion--shall be permitted in C-1 district including, but not limited to, uses of the following types: j, (a) Bakery; (b) Dairy store; (c) Drugs and sundry store; (d) Florist; (e) Grocery; I (f) Newspaper and magazine stand; (g) Tobacco shop; (h) Liquor store; and (i) Restaurant. 120 i i I I I ' (3) Service establishments. All types of service establishments-- excluding any type of drive-in business or business involving exterior activities, unless authorization has been given by the city commission which may act at its discretion--shall be permitted in C-1 district !, 1J including, but not limited to, the following uses: I (a) Barber shop; (b) Beauty shop; I , I (c) Clinic; (d) Dry cleaning substation (pick up service only); 0 (e) Laundramat; ' I (f) Photo studio; J - (g) Tailor; i (h) Travel agency; and (i) Seamstress. I Sec. 33-153. Site development standards for C-1 district.-- No permit shall be issued for the construction of any type of build- ing improvement (designed or intended for one of the permitted uses specified in section 33-152) on any parcel or tract having a C-1 zoning classification unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract shall be developed in accordance with the following minimum standards: { (1) Site area. The minimum required size of the parcel or tract shall be not less than six thousand (6,000) square feet. 1 (2) Height. The maximum height of any structure shall not j exceed two (2) stories or thirty (30) feet, whichever is less. j (3) Setbacks. Setbacks for any building structures in a neighborhood commercial district shall comply with the following minimum requirements: Particular side of yard, parcel or tract where the minimum istructure is located setback Front (without parking) 20 feet II! Front (with parking) 45 feet 121 I I , y I 4 o J r S i I Rear-when adjacent to any 0 feet commercial district (that is, either C-2 under Division 11, or C-3 under Division 12) Rear-when adjacent to any re- 20 feet 1 sidential district (that is, RS-6,000 under Division 1, RS- I 8,000 under Division 2, RE- i 12,000 under Division 3, RD- 6,000 under Division 4, RM-11 under Division 5, RC-5 under j Division 6, RM-12 under Divi- sion 7, RM-15 under Division 8, RM-17 under Division 9) I ! Side-when adjacent to any 0 feet i commercial district (that is, either C-2 under Division 11, t or C-3 under Division 12) Side-when adjacent to any 15 feet street (4) Land coverage. The maximum amount of site area which may 1 . g be covered by all uses requiring impervious ground coverage in- '. A cluding, but not limited to, structures, street, driveways and off-street parking areas, shall not exceed eighty-five (85) per cent of the total site area. Sec. 33-154 to 33-159 inclusive. Reserved.-- ' I i { 9 JL2z I Y � 1 1 Y a t t i ) DIVISION 11. C-2 - CENTRAL COMMERCIAL DISTRICT Sec. 33-160. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "C-2 district", is hereby created. Sec 33-161 Purpose of the C-2 district.-- The purpose of the C-2 district is to provide suitable sites for the development of relatively intense retail or service oriented commercial uses in a centrally located area which may serve the entire community. Sec 33-162 Uses permitted in C-2 district.-- The uses which are permitted in the C-2 district, or the types of buildings or structures which may be constructed or erected on a parcel or tract having a C-2 zoning classification, are as follows: (1) Offices. Offices including, but not limited to, those of - either an administrative nature, professional nature or financial f nature are permitted in the district. (2) Retail establishments (of a neighborhood commercial type)_. '^4 All types of retail establishments--excluding any type of drive-in business or business involving exterior activities, unless authoriza- tion has been given by the city commission which may act at its discretion--shall be permitted in C-2 district including, but not limited to, uses of the following types: i (a) Bakery; i i (b) Dairy store; I � (c) Drugs and sundry store; (d) Florist; (a) Grocery; (f) Newspaper and magazine stand; j (g) Tobacco shop; i (h) Liquor store; and (i) Restaurant. (3) Service establishments (of a neighborhood commercial type) . All types of service establishments--excluding any type of drive-in j 123 i 1 I I F7 i {! business or business involving exterior activities, unless 1 authorization has been given by the city commission which may act at its discretion--shall be permitted in C-2 district !, including, but not limited to, the following uses: (a) Barber shop; i (b) Beauty shop; { (c) Clinic; i (d) Dry cleaning substation (pick up service only) ; (e) Laundramat; (f) Photo studio; (g) Tailor; I � (h) Travel agency; and ( (i) Seamstress. (4) Retail establishments (of a central commercial type) 1, All types of retail establishments--excluding any type of drive-in business or business involving exterior activities, unless authoriza- tion has been given by the city commission which may act at its discretion--shall be permitted in C-2 district including, but not i limited to, uses of the following types: (a) Antiques; j i (b) Appliances; (c) Books; (d) Carpeting; (e) Clothing; (f) Cosmetics; i (g) Curios; i (h) Draperies; I (i) Dry goods; Il+ (j) Fabrics; (k) Flooring; (1) Furniture; (m) Greeting cards; 124 i t I _I o IJ I If 1 1 I I (n) Gifts; (o) Hardware; (p) Hobby supplies; i (4) Jewelry; (r) Leather goods; ! (s) Lighting fixtures; i (t) Luggage; i (u) Records; (v) Office supplies; i (w) Paint; i (x) Pets; i (y) Sporting goods; (z) Stationary; (as) Tapes; and i (bb) Wallpaper. (5) Service establishments j(of a central commercial , All types of service establishments--excluding any type of drive-in business or business involving exterior activities, unless authoriza- tion has been given by the city commission which may act at its discretion--shall be permitted in C-2 district including, but not 'JJ77 limited to, the following uses: (a) Bicycle repair; (b) Radio and television repair; (c) Dry cleaners; (d) Employment agency; , (e) Shoe repair; and (f) Typewriter and business machine services. (6) Entertainment establishments All types of entertainment establishments shall be permitted in C-2 district including, but not I limited to, the following uses: , j (a) Bowling alleys; (b) Cinema or theatre; 1 I I I 125 I • I 1\ t i ! i (c) Jai-lai fronton; and i (d) Miniature golf course. � (7) Vocational schools. All types of vocational schools shall i be permitted in C-2 district to the extent that same offer courses I in the following fields: (a) Business education; (b) Art; (c) Dancing; (d) Photography; i (a) Music; I (f) Theatre; and I (g) Vocational trades. ! � (8) Banks or other financial institutions. All types of banks and other financial institutions shall be permitted in C-2 district. (9) Hotels and motels. All types of hotels and motels shall be ! j 4 permitted in C-2 district. (10) Fraternal organizations. All types of fraternal, civic and 1 service organizations shall be permitted in C-2 district. I (11) Other uses. All other uses which are similar in scale,. intent and character to any of the above uses may be permitted in C-2 district if authorization has been given by the city commission which may act at its discretion. ,. � Sec. 33-163. Site development standards for C-2 district.— No permit shall be issued for the construction of any type of build- ing improvement (designed or intended for one of the permitted uses specified in section 33-162) on any parcel or tract having a C-2 zoning classification unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract - shall be developed in accordance with the following minimum standards: (1) Site area. There shall be no minimum size restrictions ]3 regarding the site area in a C-2 district. (2) Height. The maximum height of any structure shall not ' 126 i ! 1 ' t I I� i exceed six (6) stories or sixty (60 feet, whichever is less. (3) Setbacks. No yard'setbacks shall be required except when a setback is required to comply with Article IV. of this chapter I regarding setback requirements as related to street widths. (4) Land coverage. There shall be no land coverage re- strictions in C-2 district provided, however, any proposed con- struction meets the separate requirements of any landscaping ordinance which the city may adopt from time to time. 1 I I 12'7 i j� I 1 � Y .�....�.--• --._...,.an' xxa, xeT... ,._.... .., r >, .... .. ,. � ...... ..._.._ _ �._ .,, .. n,.r .a u...�.BJ.MR I .�. c s > n . DIVISION 12. C-3 - ARTERIAL COMERCIAL DISTRICT Sec. 33-164. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "C-3 district", is hereby created. ! Sec. 33-165. Purpose of the C-3 district.-- The purpose of the C-3 district is to provide suitable sites for the development of those retail and service commercial uses which are characterized primarily by their dependence upon an automobile or oriented market and should be easily accessible to major roadways and attractively i designed with proper consideration or site esthetics. Sec. 33-166. Uses permitted in C-3 district.-- The uses which are permitted in the C-3 district, or the types of buildings or structures which may be constructed, are as follows: �. (1) Offices. Offices including, but not limited to, those of j ;1 either an administrative nature, professional nature or financial . r nature are permitted in the district. , (2) Retail establishments (of a neighborhood commercial type) . All types of retail establishments--excluding any type of drive-in business or business involving exterior activities, unless authorize- 7 tion has been given by the city .commission which may act at its IJW ) discretion--shall be permitted in C-3 district including, but not j limited to, uses of the following types: (a) Bakery; (b) Dairy store; ! (c) Drugs and sundry store; (d) Florist; (e) Grocery; (f) Newspaper and magazine stand; (g) Tobacco shop; (h) Liquor store; and (i) Restaurant. i j (3) Service establishments (of a neighborhood commercial type) . 1 128 i r T c , 1 All types of service establishments--excluding any type of drive-in i i' business or business involving exterior activities, unless ! authorization has been given by the city commission which may I . i act at its discretion--shall be permitted in C-3 district including, but not limited to, the following uses: (a) Barber shop; (b) Beauty shop; (c) Clinic; (d) Dry cleaning substation (pick up service only) ; ! (e) Laundramat; 1 (f) Photo studio; (g) Tailor; (h) Travel agency; and (i) Seamstress. (4) Retail establishments (of a central commercial type) . ' All types of retail establishments--excluding any type of drive-in business or business involving exterior activities, unless authoriza- tion has been given by the city commission which may act at its discretion--shall be permitted in C-3 district including, but not i limited to, uses of the following types: .� (a) Antiques; �( (b) Appliances; (c) Books; � (d) Carpeting; (e) Clothing; (f) Cosmetics; (g) Curios; { (h) Draperies; i (i) Dry goods; (j) Fabrics; (k) Flooring; 1 (1) Furniture; j i (m) Greeting cards; I 129 I 6 , i (n) Gifts; (o) Hardware; j (p) Hobby supplies; (q) Jewelry; (r) Leather goods; (s) Lighting fixtures; (t) Luggage; (u) Records; (v) Office supplies; i (w) Paint; (x) Pets; (y) Sporting goods; ' (z) Stationary; (aa) Tapes; and (bb) Wallpaper. i (5) Service establishments (of a central commercial type)_ f All types of service establishments--excluding any type of drive-in business or business involving exterior activites, unless authoriza- tion has been given by the city commission which may act at its I discretion--shall be permitted in C-3 district including, but not i limited to, the following uses: , .? (a) Bicycle repair; (b) Radio and television repair; I (c) Dry cleaners; j (d) Employment agency; I (e) Shoe repair; and j (f) Typewriter and business machine services. (6) Entertainment establishments. All types of entertainment establishments shall be permitted in C-3 district including, but not i ilimited to, the following uses: j (a) Bowling alleys; (b) Cinema or theatre; i30 ti I �'. T f f • i I i (c) Jai-lai fronton; and (d) Miniature golf course. (7) vocational schools. All types of vocational schools shall j . ibe permitted in C-3 district to the extent that same offer courses in the following fields: I (a) Business education; (b) Art; (c) Dancing; (d) Photography; � (e) Music; i. (f) Theatre; and .� (9) Vocational trades. Ii (8) Banks or other financial institutions. All types of banks f� and other financial institutions shall be permitted in C-3 district. (9) Hotels and motels. All types of hotels and motels shall be -.- +. permited in C-3 district. �j (10) Fraternal organizations All t i ypes of fraternal, civic and j service organizations shall be permitted in C-3 district. 1J{ (11) Other uses (or a central commercial type) . All other uses 1 which are similar in scale, intent and character to any of those described in sub-paragraphs (1) to (10) inclusive may be permitted 1 1 in C-3 district if authorization has been given by the city commission which may act at its discretion. (12) Retail and service establishments (of an arterial commercial type) . All types of food stores, restaurants, photo processing substations and other uses where over one-half of all business is of a drive-in, quick-service nature. i (13) Automobile servicing operations All automobile servicing operations including gasoline service stations and car washs may be Permitted inC-3 district if authorization has been given by the i city commission, after public hearing, which may act at its discretion. Sec. 33-167. Site develo ment standards for C-3 district.-- 1 131 I i i i I � 1 :. i I � i I i i No permit shall be issued for the construction of any type of build- ing improvement (designed or intended for one of the permitted uses specified in section 33-166) on any parcel or tract having a C-3 zoning I classification unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract shall be developed in accordance with the following minimum standards: (1) Site area. The minimum required site area shall be not li less than ten thousand (10,000) square feet. (2) Height. The maximum height of any structure shall be not i more than three (3) stories, or thirty-five (35) feet, whichever I I. is less. (3) Setbacks. Yard setbacks shall be in compliance with the following minimum requirements: Particular side of yard, parcel or tract where the Minimum structure is located setback ` Front 30 feet Rear 20 feet Side 20 feet Side (Street) 30 feet (4) Land coverage. The maximum amount of site area which may be covered by all uses requiring impervious ground coverage, including but not limited to structures, streets, driveways and off-street ,...� parking areas, shall not exceed eight-five (85) per cent of the total site area. Service stations structures shall cover not more than fifteen (15) per cent of the total site area. (5) Screening. All uses within C-3 district shall be fully screened from adjacent uses or properties by a five (5) foot high masonary fence or wall, except as where site distance requirements from abutting roadways requires a lessor height. (6) Access. Accessways from abutting public streets to uses within C-3 district shall be not wider than twenty (20) feet nor closer !i together than twenty-five (25) feet. The number of accessways i permitted shall be approved only after site plan review. - 132 i DIVISION 13. M-1 - GENERAL INDUSTRIAL DISTRICT Sec. 33-168. Creation of the district.-- A zoning district, zoning area or zoning classification, to be known as "M-1 district", is hereby created. Sec. 33-169. Purpose of the M-1 district.-- The purpose of the M-1 district is to provide suitable sites for the development of general industrial, manufacturing, processing and assembling businesses of all types except those which are basically detrimental to the health or welfare of the inhabitants of the city and except those which, be- cause of peculiar or unusual conditions characteristic to the particular business, are deemed offensive, repugnant or detrimental to the enjoyment and comfort of the inhabitants of the city. j Sec. 33-170. Uses permitted in M-1 district.-- The uses which are permitted in the M-1 district, or the types of -.. buildings or structures which may be constructed or erected on a parcel r or tract having an M-1 zoning classification, are as follows: (1) Offices. Offices including, but not limited to, those of either an administrative nature, professional nature or finan- cial nature, are permitted in the district. (2) Retail establishments (of a neighborhood commercial type) . I All types of retail establishments --excluding any type of drive- in business or business involving exterior activities, unless au- thorization has been given by the city commission which may act at its discretion--shall be permitted in M-1 district including, but not limited to, uses of the following types: (a) Bakery; (b) Dairy store; i (c) Drugs and sundry store; (d) Florist; (e) Grocery, (f) Newspaper and magazine stand; I (g) Tobacco shop; i 133 ti (h) Liquor store; and I (i) Restaurant. I (3) Service establishments (of a neighborhood commer- cial type) . All types of service establishments--excluding any type of drive-in business or business involving exterior activities, unless authorization has been given by the city commission which may act at its discretion--shall be permitted in M-1 district including, but not limited to, the following uses: (a) Barber shop; (b) Beauty shop; (c) Clinic; (d) Dry cleaning substation (pick up ser- vice only); I (a) Laudromat; li . (f) Photo studio; (g) Tailor; (h) Travel agency; and (i) Seamstress. (4) Retail establishments (of a central commercial type) . 4 All types of retail establishments--excluding any type of drive- in business or business involving exterior activities, unless ' authorization has been given by the city commission which may act at its discretion--shall be permitted in M-1 district includ- ing, but not limited to, uses of the following types: (a) Antiques; (b) Appliances; (c) Books; (d) Carpeting; (e) Clothing; i (f) Cosmetics; (g) curios; (h) Draperies; 134 (i) Dry goods; i (j) Fabrics; W Flooring; (1) Furniture; (m) Greeting cards; (n) Gifts; (o) Hardware; (p) Hobby supplies; (q) Jewelry; (r) Leather goods; (s) Lighting fixtures; (t) Luggage; 1 (u) Records; 1 I j (v) Office supplies; {j (w) Paint; (x) Pets; I - � 1. (y) Sporting goods; (z) Stationery; 'j (as) Tapes; and { (bb) wallpaper, 1 (5) Service establishments (of a central commercial type) All ( types of service establishments--excluding any type of drive-in busi- ness or business involving exterior activities, unless authorize- tion has been given by the city commission which may act at its discretion--shall be permitted in M-1 district including, but not limited to, the following uses: (a) Bicycle repair; (b) Radio and television repair; j (c) Dry cleaners; (d) Employment agency; (e) Shoe repair; and (f) Typewriter and business machine ser- vices. i I I I i 135 000 I r e i� � ) (6) Entertainment establishments. All types of entertain- ment establishments shall be permitted in M-1 district including, but not limited to, the following uses: (a) Bowling alleys; (b) Cinema or theatre; (c) Jai-lai fronton; and (d) Minature golf course. (7) Vocational schools. All types of vocational schools shall be permitted in M-1 district to the extent that same offer courses ' in the following fields: (a) Business education; (b) Art; (c) Dancing; (d) Photography; (e) Music; (f) Theatre; and � � (g) Vocational trades. (8) Banks or other financial institutions. All types of banks and other financial institutions shall be permitted in M-1 district. (9) Hotels and motels. All types of hotels and motels shall be permitted in M-1 district. (10) Fraternal organizations. All types of fraternal, civic and service organizations shall be permitted in M-1 district. (11) Other uses (of a central commercial type) . All other uses which are similar in scale, intent and character to any of those described in sub-paragraphs (1) to (10) inclusive may be permitted in M-1 district if authorization has been given by the city com- mission which may act at its discretion. (12) Retail and service establishments (of an arterial com- mercial type) . All types of food stores, restaurants, photo pro- cessing substations and other uses where over one-half of all busi- ness is of a drive-in, quick-service nature. 136 .�J I (13) Automobile servicin operations All automobile servic- ing operations, including gasoline service stations and car washs, may be permitted in M-1 district if authorization has been given by the city commission, after public hearing, which may act at its discretion. i (14) Other uses of a general industrial anufacturing pro ceasing or assembling nature Any other uses of a lawful nature which are not expressly described in sub-paragraphs (1) to (13) of this section and which pertain to general industrial, manu- facturing, processing and assembling types of businesses of all types--except those which are basically detrimental to the health or welfare of the inhabitants of the city, except those which (be- cause of peculiar or unusual conditions characteristic to the par- ticular business) are deemed offensive, repugnant or detrimental to the enjoyment !- '-. 3 yment and comfort of the inhabitants of the city and ex- i cept for those special types of businesses described in sub-paragraph (15) of this section requiring special hearings and favorable re- ports from certain administrative bodies of the city--shall be permitted in M-1 district or in M-1 zoning classification. (15) Special uses which shall be permitted only after special hearings and favorable reports from administrative bodies of the city, The following special uses may be permitted in M-1 district if special hearings are held before both the planning and zoning board and the city commission of the city (after the giving of whatever notice each of such administrative bodies deems to be i reasonable and proper in the circumstances) , if both of the said administrative bodies then recommend that the use be approved and, if at the time the matter is before the city commission for final approval, the city commission has received an affirmative i .j recommendation or approval of the use from the fire chief, the 3 health department having jurisdiction over the matter and any environmental governmental agencies having supervision over the proposed use from the standpoint of ecology, with the said special 1 I 13'7 j j i 1 c uses being itemized as follows: (a) Acid manufacture; (b) Cement and lime manufacture; j (c) Manufacture or storage Of explosives; (d) Packing plants, canning plants, stock yards and slaughter yards; (e) Petroleum storage, refining or transfer; (£) Rendering plants; (9) Glue works; and • (h) Pulp or paper mills. Sec. 33-171. Uses expressly rohibited in M-1 district.-- Any and all types of uses which are permitted in the following described districts, to wit, !i RS-6,000 District - Single Family Residential District, { RS-8,000 District - Single Family Residential District, RS-12,000 District - Single Family Residential District, RD-6,000 District - Duplex Residential District, RT-11 District - Townhouse Residential District, i ; RC-5 District - Cluster Single Family Residential j District, ( RM-12 District - Low Density Multi-Family Residential District, RM-15 District - Medium Density Multi-Family Residential District, and RM-17 District - High Density Multi-Family Residential District, are expressly prohibited in M-1 district. Specifically, without limita- tion on the foregoing, no type of residential use (or institutional use permitted in any of the aforesaid residential districts) shall be permitted i in M-1 district or in M-1 zoning classification. i Sec. 33-172. Site development standards for M-1 district.-- iNo permit shall be issued for the construction of any type of build- ing improvement (designed or intended for one of the permitted uses speci- fied in section 33-170) on any parcel or tract having an M-1 zoning classi- fication unless the plans submitted to the city at the time that application i I 138 I _ 1 is made for a building permit show that the parcel or tract shall be de- veloped in accordance with the following minimum standards: (1) Site area. The minimum required site area shall be not I I less than Ten thousand (10,000) square feet. (2) Height. The maximum height of any structure shall be not i more than three (3) stories, or thirty-five (35) feet, whichever is less. • (3) Setbacks. Yard setbacks shall be in compliance with the � following minimum requirements: I Particular side of yard, parcel or tract where the Minimum i structure is located setback Front 30 feet Rear 20 feet Side 20 feet i jSide (street) 30 feet ' (4) Land coverage. The maximum amount of site area which may be colered by all uses requiring impervious ground coverage, including, but not limited to, structures, streets, driveways and off-street park- ing areas, shall not exceed eighty-five (85) per cent of the total site q area. Service station structures shall cover not more than fifteen (15) •� per cent of the total site area. f I (5) Screening. All uses within M-1 district shall be fully - �� screened from adjacent uses or properties by a five (5) foot high masonry fence or wall, except as where site distance requirements from abutting roadways require a lesser height. (6) Access. Accessways from abutting public streets to uses within M-1 district shall be not wider than twenty (20) feet nor closer together than twenty-five (25) feet. The number of access- ways permitted shall be as determined by the building inspector when the building plans are approved. However, if any applicant objects to the determination by the building inspector, he shall have the right to present the matter to the city commission for its final determination. 139 i 1001 f l DIVISION 14. M-1-g RESTRICTED INDUSTRIAL DISTRICT Sec. 33-180. Creation of the district.-- . A zoning district, zoning area or zoning classification, to be known as "M-1-R district", is hereby created. Sec. 33-18l. Pur ose of the M-1-R district.-- The purpose of the M-1-R district is provideto suitable sites for the development of restricted industrial, manufacturing, Processing and assembling businesses of all types except those which are basically detrimental to the health or welfare Of the inhabitants of the city and except those which, be- cause of peculiar or unusual conditions characteristic to the particular business, are deemed offensive, repugnant or detrimental to the enjoyment and comfort of the inhabitants of the city. Sec. 33-182. Uses ermitted in M-1-R district.-- The uses which are permitted. in the M-1- R district, or the t 0,5 buildings or structures which may be constructedYPea of or erected on a � or tract having an M-1-R zonin 4 classification or are as follows: (1) Offices. Offices including,' 4. but not limited to, those of either an administrative nature ! professional nature or finan- cial nature, are permitted in the district. (2) Retail establishments (OF. a neighborhood commercial t All types of retail establishments--excluding e) ng any type of drive- i n business or business involving exterior activities, unless au- thorization has been given by the city commission which may act i at its discretion--shall be permitted in M-1-R district including, but not limited to, uses of the following types: 1 (a) Bakery; JjJ (b) Dairy store; (c) Drugs and sundry store; (d) Florist; (a) Grocery; (f) Newspaper and magazine stand; (g) Tobacco shop; 140 a i i I ' (h) Liquor store; and (i) Restaurant, (3) Service establishments (of a neighborhood commer- cial type) . All types of service establishments--excluding any type of drive-in business or business involving exterior activities, unless authorization has been given by the city commission which may act at its discretion--shall be permitted in M-1-R district including, but not limited to, the following uses: (a) Barber shop; (b) Beauty shop; (c) Clinic; (d) Dry cleaning substation (pick up ser- vice only); (e) Laudromat; (f) Photo studio; r (g) Tailor; (h) Travel agency; and (i) seamstress. (4) Retail establishments (of a central commercial type) . All types of retail establishments--excluding any type of drive- . i in business or business involving exterior activities, unless ,.. ' authorization has been given by the city commission which may act at its discretion--shall be permitted in M-1-R district includ- ing, but not limited to, uses of the following types: (a) Antiques; . j (b) Appliances; (c) Books; (d) Carpeting; i (a) Clothing; ji (f) Cosmetics; r (g) Curios; j (h) Draperies; 141 i i j (i) Dry goods; (j) Fabrics; i (k) Flooring; (1) Furniture; (m) Greeting cards; (n) Gifts; (o) Hardware; (p) Hobby supplies; (q) Jewelry; (r) Leather goods; (a) Lighting fixtures; - i (t) Luggage; (u) Records; (v) office supplies; t (w) Paint; (x) Pets; (y) Sporting goods; (z) Stationery; { (as) Tapes; and (bb) Wallpaper. i (5) Service establishments (of a central commercial type) . All { i types of service establishments--excluding any type of drive-in busi- ness or business involving exterior activities, unless authorize- tion has been given by the city commission which may act at its discretion--shall be permitted in M-1-R district including, but not limited to, the following uses: (a) Bicycle repair; i (b) Radio and television repair; (c) Dry cleaners; (d) Employment agency; (a) Shoe repair; and (f) Typewriter and business machine ser- vices. 142 ir a) F7, (6) Entertainment establishments. All types of entertain- ment establishments shall be permitted in M-1-R district including, but not limited to, the following uses: (a) Bowling alleys; (b) Cinema or theatre; (c) Jai-lai fronton; and (d) Minature golf course. (7) Vocational schools. All types of vocational schools shall be permitted in M-1-R district to the extent that same offer courses in the following fields: (a) Business education; (b) Art; (c) Dancing; i (d) Photography; ^- (e) Music; (f) Theatre; and (g) Vocational trades. j (8) Banks or other financial institutions. All types of ,f banks and other financial institutions shall be permitted in M-1-R , district. I 1 (9) Fraternal organizations. Alltypes of Fraternal, civic and service organizations shall be permitted in M-1-R district. (10) Other uses (of a central commercial type) . All other uses which are similar in scale, intent and character to any of those described in sub-paragraphs (1) to (9) inclusive may be permitted in M-1-R district if authorization has been given by the city com- mission which may act at its discretion. (11) Retail and service establishments (of an arterial com- mercial type) . All types of food stores, restaurants, photo pro- cessing substations and other uses where over one-half of all busi- ness is of a drive-in, quick-service nature. (12) Automobile servicing operations. All automobile servic- ing operations, including gasoline service stations and car washs, 143 1 imay be permitted in M-1-R district if authorization has been given by the city commission, after public hearing, which may act at its 1 discretion. i (13) Other uses of a restricted industrial, manufacturing, pro- ceasing or assembling nature. in addition to the uses which are i stated in sub-paragraphs (1) to (12) of this section, the follow- ing additional uses are permitted in M-1-R district: (a) The manufacture of any of the following: (i) Brooms and brushes; i (ii) Candy; (iii) Cigars, cigarettes or snuff; I (iv) Cosmetics and toiletries, except soap; 3 (v) Clothing and hats; I " 1 (vi) Ceramic products, electrically i fired; :{ (vii) Candles; (viii) Dairy products; i (ix) Ice cream; (x) Jewelry; (xi) Leather goods and luggage, from finished tanned leather or other finished processed materials; (xii) Optical equipment; i (xiii) Orthopedic and medical appliances; (xiv) Pottery, electrically fired; (xv) Perfume; (xvi) Pharmaceutical products; (xvii) Precision instruments; (xviii) Plastic products, except pyroxylin; (xix) Paper products, and cardboard pro- ducts, from finished paper or cardboard i products; I 144 1 1. J I I ' I I i (xx) Silverware; (xxi) Spices and spice packing; (xxii) Stationery; I� . (xxiii) Shoes and other walking apparel and (xxiv) Television, radio and phonograph. (b) The manufacture of products from aluminum, brass, bronze, copper, steel, or other metal or from bone, cloth, hair, leather, paper, rubber, shell, plastic, wood or other materials, such as: (i) Artificial flowers, feathers or plumes; �� (ii) Bags; (iii) Cottons or novelties; (iv) Canvas products; (v) Food products, chewing gum, syrups, i fruit juices, extracts, drugs or medicines; ' (vi) Electrical fixtures; (vii) Electronic devices; v (viii) Hardware and cutlery; (ix) Musical instruments; (x) Small parts and devices. ^ processing(c) The manufacturing, p 4 or assembling of the following products: i (i) Bakery or bakery products; (ii) Cutting or blending liquor; (iii) Cheese making; (iv) Carpenter and cabinet shop; I (v) Electroplating; I (vi) Egg storage, candling or processing; (vii) Hydroponic garden; 77I (viii) Hatchery, fish or fowl; t (ix) Motion picture studio; (x) Patternmaking; 145 1 _ i' j (xi) Slat house; i (xii) Stamping, dicing, shearing or punch- ing of metal not over one-eighth inch in thick- ness incidental to other manufacturing pro- ceases; (xiii) Tool, die and gauge shop and j (xiv) Transformer and electrical switching jstation. (d) Warehouses and storage buildings. (e) Accessory uses and structures, including living quarters accessory to a permitted use. i (f) Docks and docking of boats and ships for loading a jand unloading. (g) Storage, repair and building of boats not over one hundred fifty feet in length. i ) 1l ++i I j II� I I� i i 146 l M1 1 i i Sec. 33-183. Uses expressly prohibited in M-1-R district.-- Any and all types of uses which are permitted in the following described I districts, to wit, • RS-6,000 District - Single Family Residential District, RS-8,000 District - Single Family Residential District, j RS-12,000 District - Single Family Residential District, RD-6,000 District - Duplex Residential District, RT-11 District - Townhouse Residential District, RC-5 District - Cluster Single Family Residential District, RM-12 District - Low Density Multi-Family Residential District, RM-15 District - Medium Density Multi-Family Residential District, and j RM-17 District - High Density Multi-Family Residential I District, are expressly prohibited in M-1-R district. Specifically, without limita- tion on the foregoing, no type of residential use (or institutional use permitted in any of the aforesaid residential districts) shall be permitted in M-1-R district or in M-1-R zoning classification. Sec. 33-184. Site development standards for M-1-R district.-- ; No permit shall be issued for the construction of any type of building 1 improvement (designed or intended for one of the permitted uses specified in section 33-182) on any parcel or tract having an M-1-R zoning classifi- cation unless the plans submitted to the city at the time that application i is made for a building permit show that the parcel or tract shall be devel- oped in accordance with the following minimum standards: (1) Site area. The minimum required site area shall be not less than Ten thousand (10,000) square feet. (2) Height. The maximum height of any structure shall be not more than three (3) stories, or thirty-five (35) feet, whichever is less. � (3) Setbacks. Yard setbacks shall be in compliance with the following minimum requirements: 14'7 J 0 L� I i Particular side of yard, Parcel or tract where the Minimum j structure is located setback Front 30 feet Rear 20 feet Side 20 feet ! Side (street) 30 feet i (4) Land coverage. The maximum amount of site area which may be ! covered by all uses requiring impervious ground coverage, including, i but not limited to, structures, streets, driveways and off-street park- . I ing areas, shall not exceed eighty-five (85) per cent of the total site area. Service station structures shall cover not more than fifteen (15) per cent of the total site area. (5) Screening. All uses within M-1-R district shall be fully ! screened from adjacent uses or properties by a five (5) foot high ^+ y masonry fence or wall, except as where site distance requirements from.abutting roadways require a lesser height. (6) Access. Accessways from abutting public streets to uses ' within M-1-R district shall be not wider than twenty (20) feet nor closer together than twenty-five (25) feet. The number of access- ways permitted shall be as determined by the building inspector when the building plans are approved. However, if any applicant objects to the determination by the building inspector, he shall have the right to present the matter to the city commission for its final determin- ation. i 11 148 4 1 a 1 i PETROLEUM TANK FARMS DIVISION 15. M-1-P - INDUSTRIAL DISTRICT Sec. 33-200. Creation of the district.-- I " A zoning district, zoning area or zoning classification, to be known i as "M-1-P", is hereby created. Sec 33-201 Purpose of the M-1-P district. The purpose of the M-,l-P district is to provide suitable sites for the storage in bulk of petroleum and petroleum products, including oils, gaso- a lines, fuels, greases and lubricants. . j Sec. 33-202. Uses permitted in M-1-P district.-- The uses which are permitted in the M-1-P district, or the types of j buildings or structures which may be constructed or erected on a parcel or tract having a M-1-P zoning classification, are as follows: (1) Offices and accessory buildings. offices and accessory buildings required as an incident to the ownership, operation or management of a "petroleum tank farm" with such buildings includ- ing generally office buildings, garage buildings, pump buildings, repair and maintenance buildings and all types of related build- ings or structures if the owner, occupant or user of same is own- ing, occupying or using same primarily as an incident to the oper- ation of a "petroleum tank farm". 1717j (2) Petroleum tanks. Any and all types of tanks, containers, pumps, facilities, machinery and equipment required to permit the i j storage of the type usually conducted at what is known as a "pet- . i roleum tank farm" including, but not limited to, the storage in bulk of petroleum and petroleum products, including oils, gaso- lines, fuels, greases and lubricants. Sec 33-203 Site development standards for M-1-P district.-- No permit shall be issued for the construction of any type of build- ing improvement or storage facility (designed or intended for the per- mitted uses specified in Sec. 33-202) on any parcel or tract having a M-l-P zoning classification unless the plans submitted to the city at 1 149 " f the time that application is made for a building permit show that the par- cel or tract shall be developed in accordance with the following minimum standards: (1) Site area. The minimum required size of the parcel or tract shall be not less than five (5) acres. (2) Height. The maximum height of any structure shall not exceed four (4) stories or forty-five (45) feet, whichever is less. (3) Density and related matters. At the time that applic- ation is made for a building permit to construct petroleum stor- age tanks so as to create what is commonly known as a "petroleum tank farm", the applicant shall affirmatively show that the pro- posed petroleum tank farm meets the minimum standards then in effect of Port Everglades Port Authority and of American Petrol- eum Institute regarding the size of tank, type and construction f of tank, distance of tanks from each other and all related mat- ters concerning safety and fire precautions. I i . i 1 i I i 150 t 1 - i DIVISION 16. AP - AMUSEMENT PARK DISTRICT i Sec. 33-204. Creation of the district.-- . A zoning district, zoning area or zoning classification, to .be known j as "AP district", is hereby created. Sec. 33-205. Purpose of the AP district The purpose of the AP district is to provide sites for amusement parks including, but not limited to, exhibits, shows, golf courses, miniature golf courses, golf driving ranges, clubhouses, swimming pools, museums, stadiums, amphitheatres, exhibitions arenas, boat docking and launching facilities, family entertainment centers, tennis courts, baseball parks, rides, gift and souvenir shops, eating concessions and similar facilities and accessory uses. Sec. 33-206. Uses permitted in AP district.— The uses which are permitted in the AP district, or the types of buildings or structures which may be constructed or erected on a parcel or tract having an AP zoning classification, are as follows: + (a) Amusement parks; (b) Exhibits; (c) Shows; (d) Golf courses; (a) Miniature golf courses; j (f) Golf driving ranges; IJ (h) Clubhouses; i i (i) swimming pools; i (j) Museums; i (k) Stadiums; { (1) Amphitheatres; (j) Exhibition arenas; 1 (k) Boat docking and launching facilities; (1) Family entertainment centers; (m) Tennis courts; (n) Baseball parks; , (o) Rides; i f); (p) Gift and souvenier shops; 1 151 " i 1 (q) Eating concessions; and (r) Uses directly incidental to any of the above permitted uses. Sec. 33-207. Site development standards for AP district No permit shall be issued for the construction of any type of build- ing improvement (designed or intended for one of the permitted uses speci- fied in sec. 33-206) on any parcel or tract having an AP zoning classifi- cation unless the plans submitted to the city at the time that application is made for a building permit show that the parcel or tract shall be de- veloped in accordance with the following minimum standards: (1) Site area. The minimum required site area shall be not less than twenty five (25) contiguous acres. (2) Height limit. The maximum building or strucure height shall ( j be one hundred fifty feet. (3) Approval of rides and amusement devices All rides, amuse- ment devices, slides, roller coasters, ferris wheels and similar types of carnival or circus devices shall be approved by a licensed mechanical engineer (who may be employed by the applicant for the permit) who shall certify to the city that each such ride or device meets the minimum safety' { Y standards provided by any insurance under- writing group or professional trade association setting standards ' for such rides from the standpoint of safety and the protection of the public. I I i I i I I i 152 i I. J . { i i ARTICLE V. OFF-STREET PARKING REQUIREMENTS Sec. 33-208. Minimum requirements Permanently maintained, off-street parking for vehicles shall be pro- vided in connection with any building� b 4 or premises used or designed to be used for purposes as set forth herein. For the purposes of this article, i one automobile parking space shall be a minimum of 10 by 20 feet (200 i square feet) , usable for the parking of an automobile. in addition, ade- quate interior driveways shall be provided so as to connect the parking space with a public street or area. More particularly, said off-street parking shall comply with the minimum requirements, to wit: (1) Dwel ling units--single family, duplex and multiple family. One parking space shall be provided for each single family dwelling, three parking spaces shall be provided for each two-family or duplex 1 dwelling, 1.25 parking spaces shall be provided for each efficiency I unit in a multiple family dwelling unit, 1.5 parking spaces shall be provided for each one-bedroom unit in a multiple family dwelling and two parking spaces shall be provided for each two-bedroom (or over) unit in a multiple family dwelling. J3333 (2) Hotelsr rooming houses, clubs, motels, tourists courts and i transient accommodations. At least one parking space shall be pro- vided for each of the first� 40 individual guest rooms or suites and one additional parking space shall be provided for every two guest { rooms or suites in excess of 40 individual guest rooms or suites. i Public meeting rooms in hotels and clubs shall be further controlled by sub-paragraph (3) of this section. Restaurants located in any of the foregoing shall be controlled by sub-paragraph (6) of this section and meeting rooms located in any of the foregoing and not governed by any of the foregoing shall be controlled by sub-paragraph (8) of 1 this section. (3) Churches theaters eneral auditoriums stadiums, recre- ational establishments and other similar places .of assembly. At least one parking space shall be provided for six seats provided in i 153 j . 1 in the place of assembly. (4) Ros21tals, sanitariums and welfare institutions One park- ing space shall be provided for each 200 square feet of sleeping room area for patients contained in said building. (5) Commercial. One parking space shall be provided for every 300 square feet of floor area in any commercial building. In addi- tion, one parking space must be provided for every four persons employed or intended to be employed in the business to be conducted at such building. (6) Restaurants or similar places dispensing food drink or - refreshments on premises One parking space shall be provided for each 50 square feet of floor area devoted to patron use within the establishment. In addition, one parking space must be provided for t every four persons employed or intended to be employed in. the business at the establishment. j (7) Drive-in restaurants_ and similar places dispensing food z drink or refreshments to vehicular patrons outside of building. The parking layout for such types of businesses shall be subject to the ' approval of the building inspector who shall determine the number of spaces to be required. i - (8) Private or public educational recreational and entertain ! ment uses. Private or public educational, recreational and enter- tainment uses involving the assembling of i 9 g persons and not governed by any of the preceding sub-paragraphs shall provide one parking space for every 200 square feet of area involved in such use. (9) Office, professional buildings or other similar uses One •.�'( . parking space shall be provided for each 300 square feet of floor area so used. (10) Industrial. The parking requirements for any industrial use in any industrial district shall meet the following requirements: (a) One parking space (exclusive of service roads, entrance and exits) , shall be provided for each 1,000 i square feet of the gross floor area in the building, or I IL54 i IIi I ) { 'J i- F7 one parking space shall be provided for every two em- ployees, whichever requires the greater amount of parking space. Such parking spaces shall be located not further than 1,500 feet from the industrial use in question, and covered by a unity of title. Such noncontiguous property must be located either in a commercial or industrial district. (b) If retail sales are conducted in connection with such industrial use, additional off-street parking will be provided as applies to the commercial uses. The i 11' portion of the structure allocated for retail sales shall 1 be used as a basis for determining the additional off- . 1 street parking to be provided. (c) As a prerequisite to the issuance of a building permit for the erection of a new structure, or for an addition to an existing structure, used for industrial purposes, or for the issuance of a certificate of use or occupancy for the conversion of the use of, or a change 1 of zoning on, an existing industrial structure, an affi- davit must be executed by the owner and tenant or lessee, which shall include the following information: (i) Number of company vehicles and other vehicles used in the business. (ii) Number of employees when use is in full operation and structure is fully occupied. (iii) How the industrial use will be serviced and supplied (that is, by railroad, truck or otherwise) . If by truck or similar vehicles, the estimated number per day and the type and size of same. (iv) If any retail sales are to be conducted, the floor area to be devoted to such sales. 1 (v) The number of tenants, lessees, or I 155 i ( Lj I i i separate occupants of such industrial build- ing. i, In addition, such affidavit will include a statement to the effect that the owner, tenant, and lessee under- stand that the off-street parking as required in accord- ance with the within ordinance has been determined on the basis of information submitted in such affidavit and that the issuance of a certificate of use and occu- pancy for a change or conversion of use will be dependent i upon any additional off-street parking being provided, i as may be required by the proposed new use. - - (d) Off-street loading facilities, of a minimum size of 10 feet by 25 feet at each loading and unload- ) _..� ing door must be provided for all industrial uses, such facility and area required for the activity to be of .� such size and properly located to serve the industrial uses concerned. Said facility shall not conflict in any manner with the off-street parking facilities or the q traffic on the adjacent public rights-of-way. (e) The application for a building permit or certi- ficate of use and occupancy for a conversion of use, shall •^ contain a detailed plot use plan, including a floor plan, showing full compliance with the within ordinance. Sec. 33-209. Applications for building or use permits to indicate area to be used for parking.-- Applications for building or use permits shall indicate the area to be used for parking and permits shall be issued stating that such area i shall be so reserved and developed. Recordable restrictions so reserv- ing such area may be required at the discretion of the city commission. Such area reserved for parking area will be marked on the zoning maps and no permits for additional use of such area shall be issued. The area reserved for parking in connection with any use shall be under the same ownership as that of the use itself. - 156 i 1 I e i f I - Sec. 33 210. Activities combining two or more uses.-- Any activity combining two or more uses indicated in section 33-208 shall provide parking spaces required by all such uses, except in those I • I cases where the proposed project complies with existing off-street park- ing ordinances. i Sec. 33-211. Area to be hard-surfaced.-- The area reserved for off-street parking shall be hard-surfaced. Where the parking area is hard-surfaced the same shall consist of a good rolled rock base, well tamped, and topped with asphaltic concrete in e accordance with the paving specifications of the City of Dania. Occupancy of a given structure or premises shall be prohibited until the required parking area has been improved, inspected, and approved. Sec. 33-212. Location of spaces in required front yard prohibited-- exception.-- Off-street parking spaces shall not be located in a required front yard except as follows: (1) In any single family or duplex district, off-street parking may be located in a required front yard. '{ (2) In any multiple family and commercial districts, required joff-street parking spaces may be located in a required front yard provided the spaces are so arranged as to preclude backing out on 1 the traveled way of a public street. r. (3) In any district where a parking structure is permitted to project into a required front yard, off-street parking spaces within the structure may be located in a required front yard. (4) Driveway space for access to parking area or drive-ins service facilities may be located in a required front yard. (5) In any district, 40% of the front setback area may be used for off-street parking if a 30 foot setback is provided and I access to the public right-of-way is from controlled exits and I entrances. A Sec. 33-213. Proximity of spaces to use served ' Off-street parking areas shall be located on the same lot, parcel or 157 1 y I � i I (4) Entrance and exits. Location and design of entrances and exits shall be based upon reasonable requirements for safety, traffic regulations and standards. Landscaping, curbing or approved barriers shall be provided along lot boundaries to control entrance and exit . of vehicles or pedestrians. All egress and ingress to off-street parking areas shall be so designed as to prohibit backing out of vehi- cles into public right-of-ways, except as provided for in sub-paragraph (1) of this section. This shall not be construed to prevent backing out into an alley. (5) Plan approval and permits. In any zoning classification where a site development plan is required, prior to the issuance of any build- ing or structure subject to this article or for structurally altering 1 ;{ or converting any existing building or structure or for paving, grad- ing, leveling or other permits, a suitable plan shall be submitted to .. 1 j the building inspector indicating the landscaping as well as the parking .� layout, proposed drainage on the premises, proposed lighting on the pre- mises and all driveways extending beyond the property line into the public right-of-way. The landscaping plan shall be approved by an architect or landscape architect. The landscape plan for the parking area shall meet with the approval of the building inspector who shall ? review the proposed parking area and its landscaping to ascertain that j the plan will promote and facilitate the objectives of this article. 'i Any deviation from the plan approved by the building inspector shall constitute a violation of this article. Plans shall be drawn to an accurate scale, and shall show the layout of the lot entrances and exits, drainage provisions, lighting provisions, surfacing curb barriers and location and type of landscaping. i Sec 33-215 Conflict between requirements of Article V. and Article VI. , concerning parking._ i i If any of the sections in Article VI. of the within ordinance, concerning the various zoning districts, zoning areas or zoning classifications provide for parking, number of parking spaces or other parking requirements and if such matters are in conflict with any of the requirements of Article V., con- cerning off-street parking requirements generally, the requirements as set ,I 3159 J i .premises as the use to be served or on a parcel of land within 100 feet, provided there is a unity of title between the parcel being served and the parcel on which such off-street parking is located. Sec 33-214 Marking of spaces; maintenance and drainage of faci- lities; landscaping; entrances and exits; plans and specifications.-- In all zones or districts other than single family districts, the park- ing area shall be marked, either by painted lines, precast curbs, or in a similar fashion, indicating the individual parking spaces or stalls and in accordance with the further requirements: I (1) Specifically, and without limitation on the foregoing and with respect to the computation of proper parking spaces for multiple i family apartment units, it is hereby ordained that a parking space i shall not be recognized as a proper parking space, in computing the � availability of the minimum spaces required by other ordinances, if ) such parking space is so designed or located that an operator of a motor vehicle cannot reasonably gain access to a public street, from the parking space, by operating the vehicle in a forward gear only. However, with respect to living units that constitute either single family dwellings or duplex apartment buildings, a parking space shall be deemed to be a proper parking space even though it is necessary to back into a public street (from the parking space) in order to gain i access to the public street. „,ceJGi• ii (2) Drainage and maintenance. Off-street parking facilities shall be drained to prevent damage to abutting property and public j - streets and alleys and surfaced with erosion resistant material in accordance with applicable city ordinances. Off-street parking areas shall be maintained in a clean, orderly, and dust free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, materials or j supplies. (3) A landscape plan shall be submitted to the city with the off-street plans for any structure other than single family units 'and duplex units for the approval of the building department. i i TSB _ rs t i ^ in Article VI.--regarding parking--shall govern and control and shall super- sede the requirements on the same subject as set forth in Article V. Secs. 33-216 to 33-224 inclusive. Reserved.-- .. I . I i i ya i `I i i 1 z ]L60 A i I q� SYT V \41 ~Y tiyri t Mf i y .. . ....._.... - r'"`+, ARTICLE VI. SUBDIVISIONS I Sec. 33-225. Subdivision regulations for plat acceptance The following provisions shall govern subdivision regulations for plat acceptance in the City of Dania: i (1) Prior to drawing up tentative subdivision plans, subdivider must contact planning and zoning board and arrange for a conference on plat subdivision in question. (2) Upon conclusion of conference, subdivider has drawn up tents- tive subdivision plan incorporating suggestions of planning and zoning board and other municipal officials who may enter into the conference ' on mentioned subdivision. Such plan must be labeled tentative subdi- I I vision plot plan. (3) Tentative subdivision plot must be submitted to planning and zoning board in triplicate; at no time shall one copy, labeled "official" 1 ..,, leave the office of the building inspector of the city; the other two copies will be used for analysis by the planning and zoning board, city engineer and other officials and departments that may be concerned with the subdivision. (4) Planning and zoning board reviews tentative plan, accepts { I same, or suggests further revisions or alterations; such alterations or revisions must be drawn on the subdivision plan, titled final subdi- vision plot plan, such plan must be drawn on tracing cloth in india ink; 1 the acceptance of this plan by the planning and zoning board requires i that the secretary of the board shall in permanent ink, place his or her signature on the above plan. (5) The legal value of this plan requires that it shall not leave the building inspector's office, in no instance, until such time as it is presented to the city commission for their consideration. i I (6) Both the tentative and final subdivision plan must be pre- sented to the planning and zoning board at least ten days prior to the respective hearings of the board. I I (7) All applicants for subdivision approval must submit with the i 1 161 I y 1 tentative subdivision plot plan, tax receipts of all parcels includ- ed in the subdivision together with notarized statement that no lien or liens are imposed on such property, also abstract report. (8) The application must be made out in its entirety, complete in every detail, including the name of the present owners of the I iproperty, the developer and the engineer. (9) Deed restrictions must all be submitted. i Sec. 33-226. Supplemental requirements reoardino subdivisions and plat acceptance.-- I In addition to the requirements of section 33-225, the owners of lots or parcels of land within the corporate limits of the city as now defined, or as may hereafter be defined as the corporate limits of the City of Dania, who shall subdivide or lay out such lots or grounds into a subdi- vision, shall as a condition precedent to the official acceptance and approval by the city commission of a plat of such subdivision, first fully t perform and comply with the following additional or supplemental require- ments: (1) Furnish, along with each subdivision plat which pro- vides for dedication of streets and alleys, a plan showing a I profile of streets and alleys and the grade line of paving to be constructed, together with all culverts or other existing or proposed drainage structure or devices. All elevations shown must be referred to U. S. C. and G. S. Mean Sea Level. I (2) Pave all streets and alleys contained in the subdivision or shown on the subdivision plat, and all such paving shall strictly conform to the specifications of the City of Dania, Florida. Due notice of intention to begin construction shall be filed with the city manager and/or building inspector, in order that arrangements i for inspection may be made. The city manager and/or building inspector i j shall furnish paving specifications upon request. (3) In the alternative, the subdivider may do the following: ! In the event that the plat of a subdivision is to be filed before t i the paving is completed, as aforesaid, the owner shall furnish a jgood and sufficient bond, conditioned upon the completion of all �62 i I _ e i 1 i I i i i required streets and alley paving within a period not to exceed six months, and in an amount equal to $5.00 per square yard of street area to be paved; and $3.00 per square yard of alleys. The provisions of this section shall be supplemental, and not in lieu of, all existing ordinances and regulations existing in the City of Dania, Florida, namely, all zoning ordinances and all charter re- quirements. Sec. 33-227. Water lines--point of installation by city The only obligation of the City of Dania, with respect to installing iwater lines in proposed new subdivisions in the city shall be to supply and install water lines of four inch diameter or, larger to a point along the property line of new subdivisions, with the city engineer being the j duly authorized agent of the City of Dania to select said point. 13 Sec. 33-228. Water lines--subdivider to Supply lines and valves.-- , t The developers or subdividers of a new subdivision shall at their ex- pense supply all lines and valves which shall be tapped for metered house connections from said point selected by the city engineer as the point to which the City of Dania shall supply and install water lines of four ' inch diameter or larger. Further, the developers or subdividers of a new subdivision shall at `j their expense supply all lines, hydrants, valves, cut-offs, and other equipment which may be required in the subdivision for fire protection purposes, it being the intent of this section to provide that the deve- lopers or subdividers of a new subdivision shall assume all expense i required in connection with furnishing of fire protection hydrants and lines within the subdivision. The developers or subdividers of a new subdivision, at their expense, shall provide all lines and valves which may be necessary to provide sewer service for the developer from a point selected by the city engineer as the point to which the City of Dania shall supply transmission lines. Sec. 33-229. Water lines--tentative plat to be submitted.-- Before the subdivider shall be permitted to tap water lines installed { by the city, the subdivider shall submit to the city engineer for his i j163 r i I i i I j approval a tentative plat, which shall show a piping diagram indicating j the location of the valves and water lines to be installed in the subdi- vision by the subdivider. Sec. 33-230. Water lines--contract with licensed plumber or engineer- ing contractor.-- Before the subdivider shall be permitted to tap water lines of the City of Dania, he shall furnish to the city engineer a contract with a licensed plumber or engineering contractor, which said contract shall con- tain the terms and specifications of the water lines to be furnished by the subdivider. Secs. 33-231 to 33-299 inclusive Reserved -- i �99 i i i i 164 I I I 'z, f »sue..... _...«�._._.. .,.__.... , ':f I I i ARTICLE VII. PROCEDURES Sec. 33-300. General purpose of article.— The Municipal Home Rule Powers Act (Chapter 72-129, Laws of Florida) I j created 5166, Florida Statutes, and became effective on October 1, 1973. The charter of City of Dania, a Florida municipal corporation, is a term used to refer to, or is a term understood generally as referring to, any aggregate compilation of all of the special acts enacted from time to time by the legislature of the State of Florida and which provide for, or spe- cifically pertain to, all matters concerning the jurisdiction, powers, franchises and privileges of City of Dania in its capacity as a municipal I i corporation. The initial or basic legislative act of the State of Florida j creating and providing for the present municipal corporation known as City of Dania is Chapter 25768, 1949 Special Acts of Florida. Said Chapter 25768, 1949 Special Acts of Florida, has been amended on subsequent occa- Jsions since 1949 by various special acts of the legislature of the State j of Florida which have been adopted from legislative session to legislative session. As related to the special acts of the State of Florida, the ;I charter of City of Dania is Chapter 25768, 1949 Special Acts of Florida, as amended. A section of the Municipal Home Rule Powers Act (more parti- cularly, 5166.021(5) , Florida Statutes) provides that all special acts - pertaining exclusively to the power or jurisdiction of a particular munici- pality (that is, its charter) became an ordinance of the municipality, as of October 1, 1973, subject to modification or repeal as other ordinances. j Said 5166.041, Florida Statutes, provides a procedure for the adoption of i ordinances and resolutions by a municipality. Further, the original charter of City of Dania (before any amendments thereto) also provided a procedure for the adoption of ordinances and resolutions by City of Dania. After the effective date of the Municipal Home Rule Powers Act on October 1, 1973, i the city commission of City of Dania realized that it could not reconcile the procedures in its charter regarding the adoption of ordinances and reso- lutions with the procedures set forth in the Municipal Home Rule Powers j Act. Therefore, as the first ordinance ever adopted by City of Dania under the authority of the Municipal Home Rule Powers Act, City of Dania did adopt I 16s { i i I . ordinance no. 33 on second and final reading on December 4, 1973. The purpose of said ordinance was to repeal existing Sections 1, 2, 3, 4, 5 and 6, Article 3, Part II. , of the charter of City of Dania, all of which concerned generally the subject of ordinances and resolutions and the methods and procedures to adopt same and to promulgate, ordain and enact new or additional sections to the charter of the city the be known oasCity rter Sections 1, 2, 3, 4, 5 and 6, Article 3, Part I1, , of of Dania) concerning generally the definitions of "ordinance" and "resolu- tion", the requirements as to the form of an ordinance or resolution, the and the right to waive notice under requirements of publication of notice emergency conditions, to provide the members of the city commission required uorum, to Provide for a record or ordinances and resolutions II j to constitute a q procedures set forth in the � and to provide for the cumulative effect of the P adopted on December 4, 1973, ordinance no. 33 as said sections. in effect, rocedures in City of Dania regard- j j had as its sole purpose that of making the p the same as the pro- ing the adoption of resolutions and ordinances exactly (that 166, Florida Act cedure-provided under the Municipal Home Rule Powers trying to reconcile the Statutes) so as to avoid the necessity or dilemma in the charter of the city) procedures on such subject (as formerly p with the procedures set forth in 5166, Florida Statutes, which is a law of general application to all municipalities in the State of Florida4, 1973, Except for the adoption of said ordinance no. 33 n Drcembber 1973, ter ments which had for its general purpose that of making the of City of Dania consistent with the requirements of 5166, Florida Statutes, i : procedures to be used in the adoption of resolutions and ordinances, as to the p limited use of its home the city commission of City of Dania has made only I r) until such time rule powers (for the purpose of amending its charte n it attorney that the constitutionality of the M received advice from its unicipal at the Supreme court of Florida. In Home Rule Powers Act had been upheld by commission of City this connection, the city attorney has advised the city of Dania that the constitutionality of the Municipal Home Rule Powers Act pproved by the Supreme (that is, 5166, Florida Statutes) was upheld and a Court of the state of Florida in the July, 1974 term in case no. 44,936, 5L66 a I c { City of Miami Beach v. Forte Towers, Inc., and that the city commission may now fully exercise its home rule powers (and amend its charter) , all in accordance with the provisions of 9166, Florida Statutes, and subject I onlyto the specific limitations in said 166 Florida Statutes P 5 prohibit- ing the right of a municipality to amend its charter as to certain areas of law. Based on the aforesaid explanation, the general purpose of this article is to make any further amendments to the charter so that all provisions of the charter of City of Dania regarding the adoption of any type or resolution j or ordinance (regardless or whether the resolution or ordinance is in the i nature of a zoning resolution or zoning ordinance) are consistent with the .i requirements of ordinance no. 33 of City of Dania, adopted on December 4, j � 1973, and with the general requirements of 5166.041, Florida Statutes, and i i to provide a uniform method for the adoption of all resolutions and ordinances by City of Dania. A further purpose of this article is to provide for a specific article i in the within comprehensive and complete zoning code where sections are re- served to make whatever future amendments to the charter are desired by any 1 city commission (under the proper exercise of municipal home rule powers) 1 i as to zoning matters. An additional purpose of this article is to reserve sections so that the within comprehensive zoning ordinance may be amended from time to time, by proper ordinance, to provide for all procedural matters before the I planning and zoning board and the city commission regarding variances, I I exceptions and changes to zoning ordinances. Sec. 33-301. Repeal of existing Section 5, Article 1, Part IX, of the charter, which is entitled "Amendments to Zoning Ordinances".-- That in order that the procedure for the amendment of a zoning ordinance may be consistent with the requirements of ordinance no. 33 of City of Dania, adopted on December 4, 1973, and with the general requirements of 5166.041, Florida Statutes, the existing Section 5, Article 1, Part IX. , of the charter Of City of Dania, a Florida municipal corporation, that is, Section 5; Article 1, Part IX., Chapter 25768, 1949 Special Acts of Florida, as amended, entitled 16'7 j i c 3 i "Amendments to Zoning Ordinances", be and the same is hereby repealed in its entirety. Sec. 33-302. Promulgation, ordainment and enactment of a new section of the charter, to be known as Section 5, Article 1 Part IX to be en- titled "Amendments to Zoning Ordinances".— That a new section, to be known as Section 5, Article 1, Part IX., of the charter of City of Dania, be and the same is hereby promulgated, ordained and enacted and shall read and provide, after the effect of such promulga- tion, ordainment and enactment, as follows: e "Section 5. Amendments to Zoning Ordinances i The city commission may from time to time amend, supplement, change, modify or repeal any existing zoning ordinance if done + in accordance with the following requirements: (1) Any amendment, supplement, change, modification or repeal of an existing zoning ordinance shall be done J by ordinance duly adopted by the city commission of the City of Dania. a (2) Any such ordinance which amends, supplements, .i changes, modifies or repeals an existing zoning ordinance 1 shall be adopted in accordance with the requirements of 111� ordinance no. 33 of the city commission of City of Dania, -�` adopted on final reading on December 4, 1973, and in accordance with the like requirements of §166.041, Florida Statutes, and all such requirements of both said ordinance no. 33 and of §166.041, Florida Statutes, shall be appli- cable to every type of zoning ordinance adopted by the city commission of City of Dania. (3) Specifically, without limitation on the foregoing, the procedure to be followed by the city commission in adopting any type of zoning ordinance shall be the same as the procedure for adopting all other types of ordinances." Sec. 33-303. Requirement for construction and posting of sign, giving general notice to public of details of an application, when i68 1 r-� I r , t f1 i I i i i I I I application is made for a variance or exceptional permit or for a change in zoning.-- At such time as an applicant submits an application to the building • inspector for either a variance or exceptional permit or for a change in zoning as to a particular parcel or tract of land, the building inspector shall collect from the applicant an amount which shall pay for the cost of a temporary sign and such amount shall be in addition to all other fees which may be charged by the city at the time of the application. The in- formation to be shown on such sign shall be an abbreviated statement of the nature of the application and, if feasible, will show the date (or �I I I idates) when the matter will come before either the planning and zoning board or the city commission for public hearing. The building inspector I I _ shall cause such sign to be constructed and posted at the site which is the subject of the application for either a variance or exceptional permit or for a change in zoning and shall be posted at the site at least five days before the first public hearing on the application (regardless or whether the hearing is before the planning and zoning board or before i i the city commission) . However, in recognition of the fact that the parcel ior tract may have an unusual location or be of such size that the posting � of the sign shall serve no useful 4 purpose, the building inspector--in his sole discretion--may waive the requirement that such sign be posted. How- ever, in every event where there is such a waiver, the building inspector shall report the reasons for the waiver to the planning and zoning board (as to hearings before the planning and zoning board) or to the city com- mission (as to hearings before the city commission) . Further, in recogni- tion of the fact that such sign (if required by the building inspector) i may be destroyed or removed by winds or vandalism, the actual posting of i such sign shall not be deemed to be jurisdictional in nature. Therefore, i in any instance where such sign has not been properly posted and even though the building inspector has not waived the posting of the sign, both the y planning and zoning board and the city commission shall still have the right to consider any application before it and evidence showing that the sign was not posted shall not be deemed a proper reason to object to whatever 169 ;J Y � i a j 1 1 I action either the Planning and zoning board or the cityco respect to a particular commission may Of general application. However, as a statement Policy, such sign shall be generall P site so that the public may be info Y posted at the pro erty Property is subject to some type of Hoed generally of the fact that the concernin application before City of Dania g the use to be made . of the property. Sec. 33-304 Res onsibilit for i tion o-= reparation of notices and ublica- I to A for all zoning tione matters involving variances exceptions o {, oning and in ever r aPPlica- ordinance Y instance where, b. any notice is required to b y charter or by I or any publication a given to adjacent property of notice is required to b y °wners i a made in a local news � on, the bu ilding inspector � Paper Of general circulati { e City Eby formal letter actually mailed to th - { Y attorney) shall give the the application includingmatters {^. + city attorney the such details of tions, name of owners and the °T facts as exact legal descrip_ nature J Prepare the legal advertisement the application. The city attorney shall then - � and shall ement which :{ have the responsibility of is required to be published Of general Publishing same in a local news circulation in accordance with Paper ordinance. Further, in a any requirements of charter or 1 Property owners any situation where notice must be given to ad- jacent pro ert _ , the city attorneyd and deliver sufficient shall prepare the quantities £O °£ notice official may mail saidto the city clerk-auditor notices to so that such with adjacent property owners any requirements of charter, in accordance °£ a zoning � ordinance or resolution. nature such as an applicatio If any matter ' permit or change of n for zoning requires either the a variance or exce an application for a the Pu 1. tion of notice or the mailing of notice noti prior to Public- - proof of publication shall be a any type of available at t hearing, the i be read into the he hearing and the minutes of the m e notice shall meeting when the hearing is conducted. � Sec. 33-305, Right to suppler. As to any zoning matters which rovisions b resolution.-- ! either t or ordinances °£are relatively minor in nature and where he charter the city do not ex reuire the adoption of an ordinance.to govern the subject, the cityessly commission shall 170 { Y 1 I have authority to adopt a resolution governing such matters which are deemed minor in nature. Secs. 33-306 to 33-319 inclusive. Reserved.-- i i' i I 171 ;`l. r r I -- i ARTICLE VIII. TRANSITIONAL PERIOD AND SAVINGS PROVISIONS Sec. 33-320. General statement of history of codification of ordinances in City of Dania.-- For the purpose of explaining the transitional period which City of Dania must undergo while it changes from one general complete and compre- hensive zoning code (which is referred to collectively in section 33-2 of this ordinance as the 532 zoning ordinances) to a new, complete and com- prehensive zoning code (which is being promulgated, ordained and enacted • by the within ordinance as 533, 1971 Code of Ordinances of City of Dania, Florida, as amended, and which said code which is being ordained by this ordinance being sometimes referred to herein as either the "533 zoning i ordinances" or the "533 zoning code") , it is deemed desirable to review briefly the history of the codification of ordinances in City of Dania. i By express charter provision (Section 7, Article 3, Part II.) , City of Dania has the authority to codify its ordinances from time to time into i a code of ordinances and the entire codification may be approved by a single i ordinance. { The first codification was the 1955 Code of Ordinances of City of Dania, - Florida, adopted by ordinance approved on final reading on February 7, 1955, and including all ordinances of a general application which had been adopted by the city UP to December 20, 1954. I The next codification was authorized by the city commission in approximately 1968 as the result of the employment of Municipal Code Corporation, Tallahassee, Florida, to prepare a codification of all ordinances of general application which had been enacted since the 1955 codification. As a result of such codi- fication which required the services of Municipal Code Corporation over a period of approximately two ,years, all ordinances through ordinance no. 548 f1 were included in a codification submitted to the city commission in the latter part of 1969. Thereafter, by supplement, all ordinances through ordinance no. 588 were codified into the current code of City of Dania which j! was approved on November 15, 1971, and which is known as the 1971 Code of Ordinances of City of Dania, Florida. Ordinance no. 588 was the ordinance R 1'72 i I, 1 • d 1 I i i I I which the city commission adopted on November 15, 1971, under its codifica- tion authority, to codify all ordinances of general application into the 1971 Code of Ordinances of City of Dania, Florida. Thereafter, during the remain- ing part of 1971, the city commission enacted two ordinances of limited appli- cation (ordinance no. 589 and ordinance no. 590) . Beginning with any ordinances adopted on final reading at any time after January 1, 1972, the city began a new numbering system by numbering the first ordinance adopted after January 1, 1972, as ordinance no. 1, the second ordi- nance adopted after January 1, 1972, as ordinance no. 2, and continuing with " such numbering system until approximately 53 ordinances have been adopted from iJanuary 1, 1972, to the date of the within ordinance (although certain of said ordinances may now be pending before the city commission after being passed I on one reading but before being passed on second and final reading) . jIn the original edition of the 1971 Code of Ordinances of City of Dania, - { Florida (that is, as of November 15, 1971, and before any amendments thereto) , a 1 all zoning ordinances appeared generally as 532. Any amendments of ordinances concerning zoning matters or any zoning ordinances of a restricted applica- tion (such as an ordinance approving a plat of a subdivision, for example) �I may (or may not) bear or have a numbering system identifying or relating the particular ordinance to 532, 1971 Code of Ordinances of City of Dania, Florida. That is, many zoning ordinances adopted during the interval of time from November 15, 1971, to the effective date of the within ordinance, have ] been drafted in such form that the numbering system assigned to same do not i 1 necessarily identify or relate such ordinances to 532, 1971 Code of Ordinances of City of Dania, Florida. However, for the purposes of the within ordinance, all zoning ordinances of the City of Dania or all ordinances which may pertain to zoning matters which have been adopted during the interval from November i 15, 1971, to the effective date of the within ordinance are referred to herein 1 as "§32 zoning ordinances" to distinguish same from the complete and comprehen- sive new zoning code being enacted by this ordinance and to be known as 533, i 1 1971 Code of Ordinances of City of Dania, Florida, as amended. { SBy a subsequent section of the .within article, all 532 zoning ordinances (as defined herein) shall be ratified, approved and confirmed but with the pro- f 1 173 I i visa that, after the effective date of the within ordinance, no further lands within the limits of the city shall be re-zoned by the city com- mission into any of the zoning classifications or zoning districts pro- vided in the S32 zoning ordinances and that all future applications for changes of zoning from one classification to another classification shall be to a zoning district or zoning classification provided by the within ordinance which creates a new and comprehensive zoning code known as the S33 zoning code. Further, by a subsequent section of the within article (that is, section 33-322) , the city commission shall recognize that there have been submitted to the city commission various site plans, site development plans or building plans and that such plans have been approved by the city com- mission. With respect to such plans, the city commission shall recognize in such section that the development of the lands which are the subject of the said plans may extend over a period of years. Therefore, in such !i instances and by what is sometimes referred to as a "grandfather" clause d or a "savings" clause, the city commission shall allow the development of 9 jthe lands in accordance with such site plans, site development plans or building plans (as previously approved by the city commission) although the I city commission may change the zoning classification of the lands from a .' S32 zoning classification to a 533 zoning classification and with it being i ate. ' possible that the site development standards for the particular S33 zoning i classification or S33 zoning district would not permit the development of the lands in accordance with the previously approved site plans, site 1 development plans or building plans were it not for said "grandfather" . clause or "savings" clause. However, in every event where the owner, developer, applicant or builder seeks to avail himself of any rights under said "grandfather" clause or "savings" clause, by developing his lands in accordance with ++� a site plan, site development plan or building plan which has been pre- , I viously approved by the city commission (and where the lands are subse- quently re-zoned from a previous 532 zoning classification to a S33 zoning ) I classification) , the said owner, developer, applicant or builder must take ! out,or obtain, a building permit from City of Dania (permitting the con- I j :174 A 3 ( i j1 r struction or development of improvements in accordance with the previously approved site plan, site development plan or building plan) and must have substantial construction commenced on the lands (in accordance with the plans approved by such building permit) on or before October 30, 1977. If the owner, developer, applicant or builder has not obtained such building permit and has not started substantial construction on his lands (all in accordance with the previously approved site plan, site development plan - or building plan) on or before October 30, 1977, the rights of the owner, developer, applicant or builder which may exist as the result of said pre- viously approved site plan, site development plan or building plan shall � then be voided, terminated, ended and of no further force and effect and, thereafter, if the owner, developer, applicant or builder desires to develop his lands, he must comply with whatever site development standards are then in effect at the time (as related to the particular 533 zoning district under which his lands are zoned) and must also make proper application to the city to have his site development plan approved. i Sec 33 321 Approval ratification and confirmation of all previous 532 zoning ordinances.-- All 532 zoning ordinances of the City of Dania, Florida, as such 532 zoning ordinances are defined and explained in section 33-320 (that is, the entire 532 of the 1971 Code of Ordinances of City of Dania, Florida, J as same was passed and adopted on November 15, 1971, plus all zoning ordi- nances of City of Dania, Florida, or all ordinances which may pertain to 11 any phase of zoning matters, as such ordinances have been passed and adopted during the interval of time from November 15, 1971, to the effective date of the within ordinance) are hereby approved, ratified and confirmed in every respect. However, after the effective date of the within ordinance, no further lands within the limits of the city shall be re-zoned by the city commission' into any of the zoning classifications or zoning districts provided in such 532 zoning ordinances. Further, all applications for a change of zoning which are received by the City of Dania after the effective date of this ordinance-- where the applicant seeks a change of zoning from an existing zoning classifi- cation to a new or different zoning classification--shall be to a zoning district or zoning classification (of one of the types defined in the 533 zoning ordinances) I � V5 1 i i i and as provided by the within ordinance which creates a new and compre- hensive zoning code known as 533 zoning code. ' Sec. 33-322. "Grandfather" clause or "savings" clause in situations where site plans, site development plans or building plans have been pre- viously approved by the city commision.-- As provided by sub-paragraph (3) of section 33-2 of the within ordinance, the various administrative officers of the city are authorized and directed to take whatever steps are necessary so that ultimately every lot, parcel or tract of land within the city can be re-zoned from its existing zoning classification to an appropriate zoning classification or zoning district as is specified and created in the within comprehensive zoning ordinance. Further, as provided generally by sub-paragraph (4) of said section 33-2 and as the entire re-zoning of the city has been completed, it is the policy and intent of the city ultimately to repeal all 532 zoning ordinances. Neverthe- less, the city commission does hereby recognize that there have been previously submitted to the city commission various site plans, site development plans ;+ or building plans which pertain to certain parcels or tracts in the city and that such site plans, site development plans or building plans have been approved by the city because same met the applicable requirements under the appropriate 532 zoning ordinance or 532 zoning classification pertaining to the particular parcels or tracts. The city commission further recognizes that I j if such parcels or tracts are re-zoned into the new 533 zoning classifications or zoning districts as created by the within new and comprehensive zoning ;J code, the site development standards provided for each 533 zoning district may be so different that the owner or developer of lands who has previously received approval of a site plan, site development plan or building plan might i not be able to develop his lands in accordance with the previous approval of the city commission if he is expected to attempt to comply with the new site development standards provided for the particular 533 zoning district into which his lands are zoned . The city commission also recognizes that the owner, developer or applicant who has previously received approval of a site plan, site development plan or building plan may have relied upon such approval in proceeding further with his acquisition or development of the lands sub- j ject of such site plan, site development plan or building plan. In addition, ) j V6 1 o i i i i j i the city commission recognizes that the completion of the development of lands in accordance with a previously approved plan may extend over a period of years and that it would cause an undue hardship to the owner, developer or applicant if the city commission re-zoned the lands of such party into a §33 zoning district and then attempted to force such party to comply with the site development standards related to the parti- cular 533 zoning district rather than permitting the party to proceed with building, construction or development in accordance with whatever site plan, site development plan or building plan that has been previously approved by the city commission. For the aforesaid reasons and in every instance where an owner, developer, applicant or builder has previously appeared before the city commission and has obtained approval of a site plan, site develop- ment plan or building plan to permit the construction and development of improvements on a particular parcel or tract, said owner, developer, R �'. applicant or builder shall be allowed to develop the parcel or tract in 1 accordance with the plan previously approved by the city commission, notwithstanding the fact that the particular parcel or tract is subse- quently re-zoned into a 533 zoning district and where the site deve- lopment standards of such §33 zoning district would not permit the con- struction and development of improvements (as shown on the said site plan) were it not for the previous approval by the city commission of ' the earlier site plan, site development plan or building plan. Speci- fically, without limitation on the foregoing, but subject to the time i limitation stated in the following unnumbered paragraph, the earlier japproved plan shall supersede and take precedence over the requirements I of any site development standards relating to a particular 533 zoning i district, notwithstanding the fact that the parcel or tract of the owner, developer, applicant or builder (who has received previous approval of a site plan) are re-zoned into such 533 zoning district. j The exception being made by the within section shall be deemed to be in the nature of a "grandfather" clause or a "savings" clause and shall be deemed to be a variance being granted so as to avoid undue j hardship. 3 J :177 a L �� c I / i I i I However, in every event where the owner, developer, applicant or builder seeks to avail himself of any rights under said "grandfather" clause or "savings" clause, by developing his lands in accordance with a site plan, site development plan or building plan which has been pre- viously approved by the city commission (and where the lands are sub- sequently re-zoned from a previous 532 zoning classification to a S33 zoning classification) , the said owner, developer, applicant or builder must take out, or obtain, a building permit from City of Dania (permit- ting the construction or development of improvements in accordance with the previously approved site plan, site development plan or build- ing plan) and must have substantial construction commenced on the lands 77 (in accordance with the plans approved by such building permit) on or 1 before October 30, 1977. If the owner, developer, applicant or builder has not obtained such building permit and has not started substantial 1 construction on his lands (a11 in accordance with the previously approved 'I site plan, site-development plan or building plan) on or before October 30, 1971, the rights of the owner, developer, applicant or builder which may exist as the result of said previously approved site plan, site development plan or building plan shall then be voided, terminated, ended and of no further force and effect and, thereafter, if the owner, developer, applicant or builder desires to develop his lands, he must comply with whatever site development standards are then in effect at " ) the time (as related to the particular S33 zoning district under which his lands are zoned) and must also make proper application to the city to have his site development plan approved. � I Section 2. That all zoning ordinances which have been previously referred to in various parts of this ordinance as "532 zoning ordinances" shall remain in full force and effect and until such time as all of the lands within the city are re-zoned into the new zoning districts, referred to herein as "533 zoning districts", i at which time the city commission will then consider the repeal of all of said 532 zoning ordinances. Except for such provision saving all 532 zoning ordinances, all other ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. Notice of the proposed enactment of the within ordinance was I I i I r 1 � ! J i properly advertised in the Hollywood Sun-Tattler on September 24, 1974, in strict conformity with the requirements of ordinance no. 33 of City of Dania and with the requirements of 5166.041, Florida Statutes, with such date of September 24, 1974, being a date at least fourteen days prior to the adoption of the within ordinance. Further, the within ordinance was passed and adopted on first reading on October 9, 1974. However, at various meetings of the city commission where the ordinance has been considered from time to time, certain changes, modifications and additions have been made from the form of ordinance which was adopted on first reading on October 9, 1974. Therefore, in order to avoid any possible inference that the said notice should be advertised again for the purpose of reflecting any changes in the form of ordinance as finally adopted, the city commission does, by two-thirds vote taken on October 30, 1974, declare the within ordinance an emergency ordinance to I the limited extent of waiving that part of ordinance no. 33 which may require any further publication of notice of the proposed enactment of the within ordinance in its final form and at second and final reading on October 30, 1974. i Section 4. That this ordinance shall be in force and take effect immediately i y upon its passage and adoption on second and final reading. PASSED and ADOPTED on First Reading on October 9, 1974. 1 PASSED and ADOPTED on Second and Final Reading on October 30, 1974. III mayor-Commissioner t f Attest: r ter -Auditor I I I i I i � I 1 I Y j I i V9 j i 1 a