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HomeMy WebLinkAboutO-1965-484 I r ORDINANCE NO. —F— AN ORDINANCE AMENDING ARTICLE N, CHAPTER 28, CODE OF ORDINANCES, CITY OF DANIA, FLORIDA, TO CREATE A NEW DIVISION KNOWN AS "A-!. RECREATIONAL AND AMUSEMENTS DISTRICT'; AND FURTHER AMENDING ARTICLE IV, CHAPTER 28, CODE OF ORDINANCES, CITY OF DANIA, FLORIDA, CONCERNING SAID "A-1. RECRE- ATIONAL AND AMUSEMENTS DISTRICT" BY ADDING SECTIONS GOVERNING OR SPECIFYING PURPOSE OF DISTRICT, USES PERMITTED, USES PROHIBITED, PRO- CEDURES FOR APPROVAL OF BUILDING PLANS AND SITE DEVELOPMENT PLANS, LANDSCAPING, HEIGHT, PLOT SIZE, YARDS, FENCES, PARKING AND PUBLIC HEARINGS; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE AS OF ITS PASSAGE AND ADOPTION, ON THIRD READING. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That Chapter 28 of the Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a division to Article IV, of said Chapter 28 entitled "Division 12. A-1. Recreational and Amusements District", with the following sections, also being amend- ments to said Article IV. , Chapter 28, Code of Ordinances, City of Dania, Florida, to be deemed sections under said Division 12. Section 2. That Article N, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-95. Purpose of District" which shall read, after the effect of such amendment, as follows: Sec. 28-95. Purpose of District. The A-1 Recrea- tional and Amusements District is intended for out- door sports and recreational activities and enter- tainment for spectators. The functional character- istics of an A-1 District may require its location in close relationship to residential areas, public recreational areas or scenic areas. Because of the nature of the uses involved and the variety of arrangement of uses and facilities, broad general -1- i regulations for plot sites, yards, setbacks and height cannot satisfactorily be specified. For these reasons and to assure efficient functioning and effective public service, the uses and site plans for development, improve- ment and operation are made subject to review and approval in each case. Section 3. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-96. Uses Permitted" which shall read, after the effect of such amendment, as follows: Sec. 28-96. Uses Permitted. No building or structure or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses, subject to the procedure specified in Section 28-98 following, entitled "Procedure for Approval of Building Plans and Site Development Planning": 1. Outdoor recreational establishments of a commercial nature, such as: golf course, miniature golf course, golf driving range, swimming pool, lawn bowling, fishing pier, amusement park, exhibit museums and similar facilities. 2. Stadium, amphitheatre, arena or other exhibition arena. 3. Boat docking facilities or other similar boating facilities. 4. Convention, merchandising, recreation and family entertainment center. 5. Tennis courts, archery range, baseball driving range, race track and other similar uses. 6. Accessory uses and structures in connection with any of the foregoing, including food service facilities. Section 4. That Article I V, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-97. Uses Prohibited" which shall read, after the effect of such amendment, as follows: j Sec. 28-97. Uses Prohibited. The permissible uses enumer- ated in Section 28-96 above shall not be construed to include I -a 2 ' ra as a principal or accessory use any of the following, which are expressly listed only for emphasis and not as a list of the sole prohibited uses: 1. Any industrial or manufacturing use. 2. Wholesale, warehouse or storage establish- ment. 3. Junk yards, house wrecking yards, automo- bile wrecking yards or used auto parts establish- ments. 4. Automobile, truck or trailer establishments, whether for display, storage, service, repair or s ate. 5. Building supply and material establishments, whether for display, storage or sale. 6. Drilling, removal, storage, processing or sale of oil, asphalt or petroleum products. i 7. Construction yards or equipment yards. 8. Gasoline service stations. i 9. Drive-in types of food and food service •, businesses. Section 5. That Article N, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-98. Procedure for Approval of Building Plans and Site Development Planning" which shall read, after the effect of such amendment, as follows: I i Sec. 28-98, Procedure for Approval of Building Plans and Site Development Plan. Before a building permit is issued to an applicant for the construction of recreational and amuse- ment type of improvements on lands zoned A-1 classifica- tion, the applicant shall submit a Site Development Plan showing the location and uses of the proposed improve- ments to be constructed and shall further submit Build- ing Plans for any improvement which is not in accord with or which is not provided for under the Building Code of the City of Dania, and such Site Development plan and/or Building Plans shall be submitted to the Planning & Zon- ing Board for its recommendations, and the Planning & Zoning Board shall make recommendations concerning the same to the City Commission, which shall have final author- ity to approve the same. I The Site Development Plan shall be considered -3_ I, a `I I i The Site Development Plan shall be considered at a public hearing by the City Commission at the time the application for A-1 zoning is considered, or in the event that the Site Developm ent Plan is submitted after the property in question has been zoned A-1, then the Planning & Zoning Board shall consider the feasibility of such Site Development Plan at a public hearing and at the conclusion of such hearing shall make its recommenda- tions to the City Commission as to the Site Development Plan. With respect to such recommendations the Planning & Zoning Board is authorized to suggest changes or re- visions, or to suggest conditions which should be imposed in connection with the Site Development Plan. After the Planning & Zoning Board conducts a public hearing as aforesaid to consider a Site Develop- ment Plan, the City Commission shall then consider the recommendations of the PI anning & Zoning Board concerning the said Site Development Plan. The City Commission shall have the right to accept or reject the recommendatipns of the Planning & Zoning Board and either approve or reject the same after making whatever changes it deems proper ,.. at a formal meeting of the City Commission, and such approval may impose conditions or terms which must be made prior to the issuance of a building permit. i i The Site Development Plan as hereinabove re- quested in an A-1 district shall provide for such a arrangement and location of uses and facilities as to give appropriate separation from and protection to contiguous residential property. Where the nature of activities or facilities proposed present any potential hazard or detri- ment to contiguous residential properties from noise, glare, odors, smoke, vibration, flying objects or traffic, then protection to such contiguous residential properties shall be provided in the form of open space, fence, walls, hedges, enclosures and/or such other means as may be appropriate and effective to prevent or minimize such r hazard. Section 6. That Article N, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-99. Landscaping" which shall read, after the effect of such amendment, as follows: Sec. 28-99. Landscaping. All required yards and open j spaces adjacent to streets and contiguous to residential property shall be planted and properly maintained with planting in the form of grass, shrubs, hedges or trees to present an attractive appearance, f , 1 9 F 1 Section 7. That Article IV, Chapter 28, Code of Ordinances, City i of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-100. Height" which shall read, of ter the effect of such amendment, as follows: Sec. 28-100. Height. No building or structure or part thereof shall be erected or altered to a height exceeding 150 feet. Section 8. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-101. Plot Size" which shall read, after the effect of such amendment, as follows: Sec. 28-101. Plot Size. Every plot shall be not less than 200 feet in width and 40, 000 square feet in area. Section 9. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-102. Yards" which shall read, after the effect of such amendment, as follows: Sec. 28-102. Yards. No parking area shall be located within 10 feet of any residentially zoned property, nor t within 25 feet of any street line. 1 No structure, except fences and walls as hereinafter limited, shall be located within 20 feet of any residentially } zoned property or 25 feet of any street line. No building or roofed portion of any structure shall be located within 25 feet of any plot line. i No required open space or setback area shall be used or developed for any purpose other than by landscaping, walkways and/or driveways reasonably necessary to serve the permitted uses. Section 10. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-103. Fences" which shall read, after the effect of such amendment, as follows: 3 I 1 I r"- -5- F j Sec. 28-103. Fences. No fence or wall shall be erected within 25 feet of any street line. No fence or wall situated within 10 feet of any residentially zoned property shall exceed 5 feet in height. i No hedge or continuous planting exceeding 2 feet in height shall be placed or maintained within 25 feet of any street line. No hedge or continuous planting exceeding 5 feet in height shall be placed or maintained within 10 feet of any resid- entially zoned property. Section 11. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-104. Parking" which shall read, after the effect of such amendment, as follows: Sec. 28-104. Parking, Parking areas shall be surfaced with either asphaltic or concrete paving and shall be main- tained in a good, clean condition. Section 12. That Article IV, Chapter 28, Code of Ordinances, City of Dania, Florida, be and the same is hereby amended by adding a section to be known as "Sec. 28-105. Public Hearings" which shall read, after the effect of such amendment, as follows: Sec. 28-105. Public Hearings. The public hearing that the Planning & Zoning Board may be required to conduct incidental to its consideration of a Site Development Plan shall be adver- tised one time in a legal publication in the City at least 15 days prior to the hearing. The City Commission is not required to hold a public hearing with respect to the recommenda- tions of the Planning & Zoning Board concerning the Site Devel- opment Plan although the City Commission at its discretion may authorize a public hearing, with notice and advertisement to be under such terms as the City Commission deems proper in the circumstances. If an applicant submits the Site Development Plan to either the Planning & Zoning Board and/or City Commission pursuant to the terms of this ordiance and the same is approved, the Planning & Zoning Board shall not be required to conduct further public hearings if and when subsequent requests are j made for approval of building permits for improvements that ! were shown on the Site Development Plan. i 1 Section 13. That all ordinances, or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. I I f' t., j BY UNANIMOUS CONSENT OF ALL COMMISSIONERS PRESENT, i this ordinance has been introduced, read in its entirety on the First i Reading and read by title only on its Second Reading and PASSED and ADOPTED on First and Second Reading this 16th day of August, A. D. 1965. i PASSED and ADOPTED on Third Reading this 13th day of September, it A. D, , 1965. ayor-Commissioner i Attest: L =�, �;00 city Clerk-Auditor i i I 1 , i i i a i d i � I ; J