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HomeMy WebLinkAboutO-1976-100 1 V ORDINANCE NO. J C)C AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE j CITY OF DANIA, FLORIDA; TO FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, SEW- ERAGE, WATER, SCHOOLS, PARKS, AND OTHER PUBLIC REQUIREMENTS TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, RESIDENCE OR OTHER j PURPOSE; TO REGULATE AND RESTRICT THE ERECTION, CONSTRUCTION, RECONSTRUCTION OR ALTERNATION OF j BUILDINGS; TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF ALL BUILDINGS AND 1 STRUCTURES, AND THE SIZE OF ALL YARDS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO REGULATE 1. AND RESTRICT THE DENSITY OF POPULATION, AND FOR ALL SAID PURPOSES TO DIVIDE THE CITY INTO DIS- TRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE BEST SUITED TO CARRY OUT THESE REGULATIONS AND AMENDMENTS; TO PROVIDE FOR ITS ENFORCEMENT PRO- I VIDING FOR SPECIAL EXCEPTIONS AND VARIANCES IN 1 EVENT OF HARDSHIP, AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF, AND WHICH SAID ORDINANCE, SHALL BE SET FORTH IN CHAPTER 33 OF THE CODE OF ORDINANCES, CITY OF DANU1, FLORIDA, ENTITLED { "ZONING AND PLANNING"; AND REPEALING THE EXIST- ING CHAPTER 33 OF THE CODE OF ORDINANCES OF THE { CITY OF DANIA, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND j PROVIDING WHEN THIS ORDINANCE SHALL BECOME EF- EECTIVE. WHEREAS, after Public Hearings pursuant to notice, as re- ommission does hereby find, determine and quired by law, the City C declare that the public health, safety, morals and general welfare i of the citizens of the City of Dania require that the aforesaid s Chapter 33 be further amended as hereinafter set forth, now, therefo): BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANV.; BROWARD COUNTY, FLORIDA, as follows : Section 1. That the Code of Ordinances of the City of { Dania, Florida, are hereby amended by repealing the existing Chapt<II :' { 3� and substituting in place thereof a new Chapter 33, as follows : ' � f I I I { ARTICLE 1 SHORT TITLE AND P:IRPOSE 1 1 . 10 SHORT TITLE This Chapts!r shall ihS known and cited as the "City of Dania Zoning Ordinance". I .?O PURPOSE The purpose of this Chapter is to establish comprehensive controls for the i development of land in the City of Dania based on the comprehensive plan for } the City and enacted in order to protect, promote and improve the public health, safety, morals and the general welfare of the people. The objectives of this Chapter are to provide: For efficiency and economy j i in the process of development, for the appropriate and best use of land, for i preservation, protection, development and conservation of the natural resources of land, water, and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public utilities and Facilities, for promotion of the civic amenities of beauty and visual interest, for promotion of planned unit developments as a means of achieving better land use and design; and for ,!avelopment in accord with the comorahensive plan, To accomplish these purposes, the City Commission shall divide the entire City into districts of such number and shape as may be deemed best suited to V carry out the purposes of this Chapter, and within these Districts may regulate, 1 determine and establish: (a) Height, number of stories, size, bulk, location, erection, construction, I repair, reconstruction, alteration and use of buildings and other structures, I for trade, profession, residence and other purposes; j (b) Use of land and water for trade, profession, residence and landscaping; 1 , (c) Size of yards, and other open spaces; 'l (d) Percentage of lot that may be occupied; s f 6 (c) Density of population; C, 41 (f) Conditions under which various classes of nonconfonmities may continue. ; including authority to set fair and reasonable amorization schedules for the elimination of nonconforming uses; (g) Use and types and sizes of structures in those areas subject to seasonal I or periodic flooding and/or storm damage so that danger to life and I property in such areas will be minimized; (h) Performance standards for use of property and location of structures thereon, I i All such regulations shall be uniform throughout each District, but the regulations in one District may differ from those in other Districts, For each District designated for On location of trades, callings, commercial enterprises, residences or buildings designed for specific use, regulations may specify those uses that shall be excluded or subjected to reasonable i requirements of a special nature. ! a i f 9 1 1 i i r f i 1 ` i 3 9 4 j r j i I I I I r f l _ 2 _ �4 F_ i 71 ARTICLE 2 DEFINITIONS 2. 10 DEFINITIONS For the purpose of this chapter, certain terms and :Iords are hereby defined. i Words used in the present tense shall include the future; the singular number i shall include the plural ; and the plural the singular; the words "used for" shall include the meaning "designed for"; the word "structure" shall include the word "building", the word "lot" shall include the words "plot", "tract" and the word "shall" is mandatory and not directory; said definitions being j 9 as follows: 1. Accessory Use or Building, A subordinate use or building customarily i Iincident to and located upon the same lot occupied by the main use or build- ings. i 2, Acre. For the purpose of calculating dwelling units, an area or parcel I of land containing 40,000 square feet, { 3, Allev, A facility which affords only a secondary means of access to abutting property and not intended for general traffic circulation. a 4, Auto Rental Lot, A lot or parcel of land on which passenger automobiles { i for active rental purposes only are stored or parked, i 5, Awning, An accessory structure either temporary or permanent which is supported by an open framework and is covered by cloth material, 6, Basement, A story where the floor of which is two feet or more underground i and having not more than one-half of its height above the average level of ! { adjoining ground. A basement shall not be considered a story with regard a S to height regulations hereafter mentioned if the same does not exceed i plus eight (B) feet U.S.C. F. G, datum , and if designed or adapted to and used soley for the purposes of auto storage and/or furnance I I and utility services not involving human occupancy. The exterior walls I i i or exterior faces of supporting columns of a basement of a building shall p be set back from all property lines as required for the building and 1 t, s shall not be located closer to any property line than required for the story immediately above. A faces it which is located underground and does not 7. Baseinvnt. Sub-, y g exceed in height the lowest point of the public sidewalk abutting the - 3 1 i I property, or the public street if there is no public sidewalk; and is designed, adapted to or used for the purpose of auto storage and/or i furnonce and other utility purposes, provided said furnanre and other Utilities are located within the projected confines of the outer balls of the main building proper located above ground level . i j 8. Boardinghouse, A building containing three (3) or more but less than ten (10) dwelling units without individual kitchen or cooking facilities, i i Where lodging only or lodging and meals within a central dining room(s) 1 are provided to guests or tenants for compensation. 9. Building. See Structure. 1 10. Building{, height of. The vertical distance measured from the grade established by the City for the crown of the public street or road at its highest elevation abutting the property, or in the event such elevation i is below plus eight (8) feet U. S. C. and G. datum, then it r jshall be measured from plus eight (8) feet U.S.C. and G. datum to the ceiling height of the top story, The grade, as identified above is defined as the zero datum for a lot, 11. Building Line. The line, established by law, beyond which a building shall not extend, except as specifically provided by law, 1 12. Cabana (Pool House) . An accessory structure usually used in connection with outdoor bathing, providing enclosed space for showering or changing clothes, with recreational cooking and/or bar facilities, but no sleeping i rooms. s13. .Church. A. structure or structures owned and utilized by a religious organization for worship and religious training or education. A church, t I for the purposes of this ordinance, may include, in addition to the principal structure, accessory structures) and/or ddelling units for church personnel located within an accessory structure(s) which is utilized primarily for religious training or educational purposes. 14. Club, Private. Buildings and/or facilities, not open to the general jpublic, owned and operated by a corporation or association of persons e for social or recreational purposes for members and their bona fide guests and which may render, as an accessory use, services which are customarily carried on as a business. A private club may provide living quarters for its bona fide eirployees only. l E �, ��� I I i I � I i1S, Common Open Snace. That area of a development site which is uneiocumbered j I by buildings or other structures and not including streets, driveways f an- parking areas for vehicular access and storage. This area shall include all yard areas as well as those other open land areas located I, within the planned unit development site. i 16, Dock, A structure built over or on the water which is designed or f used to provide anchorage for and access to one or more boats at anchorage, i Necessary service such as water, and other utilities are considered a part of a dock; however, no cooking, sleeping or business activity shall i be permited or conducted on a dock. i 17. Dwelling. A building or portion thereof designed or used exclusively for residential occupancy, but not including trailers, campers, mobile hones, v hotels , motels, motor lodges, boarding and lodging houses, tents, tourist courts or tourist homes. l 18. Dwelling Unit (D. U. ) . A room or group of rooms designed, used exclusively i or occupied as separate living quarters by a single family. 19. Dwelling Single-family. A detached building designed for or occupied 1 I exclusively by one family. 1 � 20. Dwelling Two-family, A detached building designed for or occupied exclusively by, two families living independently of each other. 21 . Dwelling Multiple or Multi-family. (Commonly known as an apartment 1 house) . A building, or portion thereof, used or designed as a residence for three or more families living independently of each other, having { individual living units with each unit having cooking facilities and j containing a living room and/or one or more bedrooms. i 22. Dwelling Town House. A building designed for or occupied exclusively i by one family and attached to three (3) or more other buildings of similar design and separated by one or more party walls. The attached Townhouses as defined constitute a building group. (See Section 6.51 for special =FF i 3 requirements) . E- 23. Essential Services. Public Utility facilities related to the water, G sanitary sewer, storm drainage, solid waste, telephone, cable television, l gas and electrical collection or distribution systems serving the City but 1 not including buildings housing employees; or public safety facilities such as fire and/or police stations, 5 _ i i i 24. Fain iIY. An individual , or two or more persons related by legal adoption, I { blood, or a licit marriage, or a group of not wore than three (3) persons who noad not be related by blood or marriage, living together as a single I i housekeeping unit in a dwelling. 25. Floor Area Total . The sun of the gross horizontal area of all of the i I ' j floors of a building, except a basement or sub-basement as defined, i measured from the exterior faces of exterior walls and/or supporting � columns. 1 26. Frontage. All the property on one side of a street or place between i two intersection streets or places measured along the line of the street 1 ' or place, or if the street or place is dead ended, then all of the property 1 abutting on one side between an intersection street or place and the dead end of the street or place. 27. Garage Private. A building or space used as an accessory to or part j of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. 28. Garage. Storage. Any building or premises, other than a private garage, used exclusively for the parking or storage of motor vehicles. , 29. Guest [louse (tourist home) . See Boardinghouse. 30. Hotel . A building or structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guest or tenants in which 1 i ten (10) or more dwelling units without individual kitchen or cooking , facilities are furnished for the accommodation of such guests; and having j I or not having one (1) or more dining rooms, restaurants or cafes where I ' meals or lunches are served to such transient or permanent guests, such � I sleeping accommodations and dining rooms, restaurants or cafes, if i t existing, being conducted in the same building or buildings in connection ?; r F. f therewith. r 31. Landscaping, Required. Required landscaping shall consist of those plantings required by this Ordinance including beautification strips, } hedges, trees, planted ground cover, sodded and grassed areas and planted floral installations, all of which must be composed of natural plantings only as distinguished from artificial manufactured planting reproductions. 6 - F_ ' I 32. Lodging (roominn) House. See Boardinghouse. i 33. Lot. A parcel of land occupied or intended for occupancy by a building together with its accessory buildings ; including the open space required under this chapter. For the purpose of this chapter the word "lot" shall be taken to mean any number of contiguous lots or portions thereof not separated by a street or public way, upon which one or more main i structures for a single use are erected or are to be erected. 34, Lot of Record. P. parcel of land as originally subdivided or subsequently jre-subdivided and properly recorded as a lot within a subdivision or plat. t 35. Lot, Corner. A lot abutting upon two or more streets at their intersec- t ion. 1 36. Lot Coverage. That percentage of the lot area covered or occupied by the buildings or any part of the buildings, excluding therefrom any projections permitted to extend into yard areas elsewhere by this Chapter. 1 37. Lot Depth. The depth c•f a lot is the distance measured in the mean direction. of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of the lot. j 38. Lot, Interior. A lot other than a corner lot having frontage on one street. 1 39. Lot Lines. The lines bounding a lot as established by ownership. 1 40. Lot, Through. An interior lot having frontage on two streets, other than la corner lot. 41 . Lot Width. The width of a lot is the distance measured along the front building line between the side lot lines of a lot. 42. Nonconforming Use. A building, structure or parcel of land lawfully 1 ! occupied by a use that does not conform to the regulations of the use district in which it is situated. 43. Parking Principle of Equivalency. The principle of equivalency as it I relates to the Schedule of Off-Street Parking Requirements may be defined l as an automobile parking space to building floor area ratio method of establishing an inventory of automobile parking spaces for an existing 4 conforming or nonconforming use of an existing building structure or use, s, for the purpose of determining the net off-street parking requirement for the extablishment of a proposed new use to be permitted in said building, structure or use. J � r i - 7 - I i i i 44. Parkinq Lot. , Pohlic or Privatc. An open area or plot of land used for the storage or parking of motor vehicles to provide: off-street parking, either for profit or gratis, for commercial or residential uses, other i j than single family. j � 45. Parking, Required. Those parking facilities determined as the minimum facilities necessary to comply with this Chapter as set forth in the Schedule of Off-Street Parking Requirements. d 46. Parking, Suoolemental . Those parking facilities provided as a Special i i Exception and which are in addition to required parking as set forth in the Schedule of Off-Street Parking Requirements. j47. School , Academic. A structure or structures, or portions thereof, designed jor used for instructing one or more persons either childern or adults, in either general or specialized education and including accessory uses jsuch as administrative offices, physical education facilities and group housing facilities for student or staff, provided, however, that instruc- tion received by childern or adults in their place of residence shall not constitute a school . 48. School . Professional or Studio-Type. A structure or structures , or { i portion thereof, designed and used for the business of instructing one or more persons, either childern or adults, in a specialized subject or subjects such as voice, language, dancing or modeling. l ,,. 49. Service Station. A building or lot where gasoline, oil and greases are ' { I supplied and dispensed to the motor vehicle trade, or where battery, tires a i 3 I and other repair services except body work or painting are rendered. 50. Shade Tree. A tree having a height of not less than twelve (12) feet 7 and a spread of not less than ten (10) feet at the time of planting. i 51. Special Exception. A use which may be allowed within a zoning district subject to the provisions of Section 6.40 of this Chapter and in accor- dance with the procedures as set forth in Article 10 of this Chapter. f F 52, Story, That portion of a building included between the surface of any floor and the surface of the next floor abova it, or if there be no floor ry above it , then the space between such floor and the ceiling next above it. A' In computing the height of a building the height of a basement shall f' h. not be included if used for the purpose mentioned in the preceding defini- tion of basement. - 8 �=f~ v a 53. Strcct. A facility, . y, either public or private, which affords the primary f access to abutting property and is intended for general traffic circulation. I A street includes the entire area between street lines (right of way line) . I 54. Strcat Line. The line between the street and abutting property. Also I referred to as right of way line, 55. Structure. Anything constructed or erected, the use of which required , permanent location on the land, or attachment to so;nething having per- ? manent location on the land. 56. Structure, Principal. A building or structure in which is conducted i the main or principal use of the lot on which said building is situated. 57. Structural Alterations. Any change, except the repair or replacement, i in the supporting members of a building, such as bearing walls, columns, beams or girders or the re-arrangement of any interior partitions affecting i more than five (5) per cent of the floor area of the building. i j58, Tourist Home. See Boardinghouse, a ; 59. Yard. An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as � otherwise provided herein, 1 60, Yard, Front. A yard across the full width of the lot, extended from ; the front building line, including open porches, to the front street line a of the lot, i 61, Yard, Side. An open unoccupied space on the same lot with a building J s between the building line and the side line of the lot extending through i 1 from the front building line to the rear yard or to the rear line of the i lot, where no rear yard is required. 62. Yard, Rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building. In the case of corner lots, the rear yard shall j be the yard opposite the front street line of the lot, i 63, Vacant Land, Any lot or parcel of land which is completely open, has c i no use associated with or upon it and is not utilized as the required yard area for any adjoining uses, 64. Variance. A modification from the literal interpretation of the pro- visions, other than those provisions relating to use requirements, subject { to the procedures of Article 10 of this Chapter, _ 9 _ ARTICLE 3 i ESTAL'LISHMENT AND DEFINITION OF DISTRICTS 3. 10 ESTABLISHMENT OF DISTRICTS. For the purposes of protecting, promoting and improving the public health, safety, morals and the general welfare of the people, the City of Dania is i hereby divided into the following districts: i R-S 18000 Single Family i 1 R-S 12000 Single Fgmily i P,-S 8000 Single Family R-S 6000 Single Family R-D 6000 Two Family R-M Medium-High Density Residential 1 R-M (1) Medium-High Density Residential i R-M (2) High Density Residential i C-1 Commercial , Offices C-2 Commercial PUD-A Planned Unit Development E PUD-B Planned Unit Development IG General Industrial IR Restricted Industrial IPT Petroleum Tank Farms i OS Open Space RMH Mobile Home District I ? i 3.20 ZONING MAP. The boundaries of the districts are as shown upon the zoning map which is hereby adopted by references and made a part hereof, and entitled "Amended Zoning Map of the City of Dania, Florida" , which original amended j amap bears the following legend: "Adopted as a part of Ordinance No. " I 1 Following this legend appear the original signatures of the members of the jCommission signing such ordinance, the signatures of the Mayor and the City k. Clerk, and the corporateseal of the municipality. 61' i The amended zoning map and all the notations , references and other informa- ' tion shown thereon are a part of this Chapter as if such information set forth ; on the map were all fully described and set out herein. This amended zoning map, properly attested, shall remain at all times on file in the office of - 10 - t i I i the City Clu-rl:. The boundaries of such districts as are sho�.-jn upon the map adopted by this section, or any subsequent amendment thereto, are hereby i adopted and approved, and the regulations of this chapter governing the use i of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within i • i the boundaries of each and every district shown upon such map, { i 3,30 INTERPRETATION OF BOUNDARIES, t i In the creation, by this Chapter, of the respective districts, the City Commission has given due and careful consideration to the peculiar suitabil- ity of each and every such district for the particular regulations applied thereto, and the necessary proper and comprehensive groupings and arrangements 1 of the various uses and densities of population in accordance with a well i considered plan for the development of the City. _- Where uncertainty exists as to boundaries of any district, the following r shall apply: j (a) Where such district boundaries are indicated as approximately I following street lines, alley lines or lot lines, such lines shall { JI i I be construed to be such boundaries. i I (b) In unsubdivided property or where a district boundary divides a ,.. lot, the location of such boundary, unless the same is indicated f i 1 by dimensions, shall be determined by use of the scale appearing a i on the map. I (c) Where any street or alley is officially vacated or abandoned i iI subsequent to the enactment of this Chapter, the regulations applicable to each parcel of abutting property shall apply to that portion of such streets or alley added thereto by virtue of i such vacation or abandonment. (d) Where a district boundary line divides a lot in a single owner- ship at the time of the passage of this Chapter, the City Com- mission may, in its discretion, permit a use authorized in either ♦ h' portion of such lot to extend to the entire lot, but not more than (. u i, twenty--five (25) feet beyond the boundary line of the district in ggI l which such use is authorized. r i, i (e) Where district boundary lines are indicated on the amended 1 zoning map as intersecting waterways bulkhead or pierhead lines , such district boundary lines shall be construed to extend in the I I same general direction as indicated on said map to the corporate limits of the City of Dania and all water and land, no;/ or hereinafter exist- ing, shall be included within said district boundary lines and therefore zoned accordingly. i (f) Where parcels of land have been annexed to or consolidated with the i corporate limits of the City of Dania as the result of action of the t state legislature or come within the jurisdiction of the City in any other manner, said parcels of land shall be classified as RS-13000 until changed by ordinance by the City Commission following public 4 i hearing as prescribed by law, j f f I 1 i a i 1 i l � 12 - I C I ARTICLE 4 DISTRICT REGULATIONS i i 4. 10 SCHEDULES OF REGUUCr1011S The restrictions and controls intended to regulate developrr�-nt in each • l I district are set forth in the attached schedules which are supplemented by Other sections of this� Chapter. , 4.20 APPLICATION OF REGULATIONS. Except as hereinafter provided: (See Pages 13-A, 14, 15, 16, 17, 13, 19, 20, 21 , 22 & 23 for Schedules of Regulations) . 1 (a) No building shall be erected, added on to, reconstructed or structurally altered, nor shall any building or land be used which does not comply f with all the district regulations established by p I U this Chapter for the J district in which the building or land is located. ,. (b) The minimum yards and other open spaces, including the intensity of use i { provisions contained in this Chapter for each building erected, added on 4 i 1 to, reconstructed or structurally alt.-!red subsequent to the enactment of { this ordinance shall not be encroached upon or considered as a compliance i with yard or open space requirements or intensity of use requirements for any other building or adjoining building. 1 (c) Every building erected, added on to, reconstructed or structurally altered subsequent to the enactment of this ordinance shall be located on a lot f 3 fronting on either a private or public street. i i i I I i I i i I i g 6, f!: 4f pp •i I I � it 13 i 1 fl O u O I L cn w n L C � O� . .— .. U U C a.r ++ O •0. L I IL ✓1 - >' T O '- v Ll a Oro � ' .N ^ o u L ✓� C _4— C O "D m O CJ - tO N U U O U ._ y� in .L vi v _ U q ._ V U ^ O VUi O U _O .00 C O :] Cas 4 W d N :J U L QI .L O J ^ ^1 1 fJ 1 U L . 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N r U 1.0 y ii t0 f I = � i {I I 1 u j L C i tp U O O O to Lo G N V r i I � U U c O } O O O O cli n to ✓� = U L U \ \ \ N \ j O O u U O O O \ O 11 •— p L ay. ay. p O O F'• K L to O i S ' K ¢ C C O O O In O Y G V C) t7 M N N U! J N_ L , _) O o J U Z li a ¢ r o o } I j ta. i j F U. V O J � 1 U X C L 0" m r 1 i L +-� C' O O O O O �tU O .N-. O O O E 1 j i 1 G L tfJ O O O O r O N 111 1 I T M i O O O O O +� O O O 00 O O O � N O CJ O N 1 f R 't G f u � O L_ S tN ~ W N Lf 0 O v a (Ob� i l I 1 I ARTICLE 5 I ' I SUPPLEMENTARY LOT REGULATIONS 5, 10 LOT REGULATIMIS. s � 5, 11 EXISTINGBUIt_OII!G LOTS, Asingle-family structure may be constructed i on any existing non-conforming lot at the time of adoption of this i Chapter in any R-District if said lot is less than the minimum area required for building lots in the R-District in which it is located { provided, however, that the lot complies with all other provisions j I of the Schedule of Lot, Yard and Bulk requirements of this Ordinance 1 and provided further that the owner of said lot does not own any adjacent {! vacant land which would create a conforming lot if said vacant land were combined with the lot deficient in area. 5, 12 LOf WIDTH. The minimum allowable width of any lot shall be measured 777 c along the front building line between the side lines of a lot as required i for the district in which it is located, 5. 13 LOT DEPTH. The minimum alla,4able depth of a lot shall be measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of i the lot, 5, 14 STREET LOT LINES. The front lot line, side street line or rear street line of any lot shall be the right of way line (the street line) of the abutting street except when the following conditions exist: (a) When a lot abuts a public or private street, except as set 1 forth in (b) below, with less than a thirty (30) foot right of I i way width, the street lot lines, for the purposes of this Chapter, shall be located fifteen (15) feet from and parallel to or concentric with the center line of said street, r (b) When a lot abuts a public or private street listed below which has � k less than a fifty (50) foot right of way width, the street lot [ lines, for the purposes of this chapter, shall be located twenty-five (25) �. fer_t from and parallel to or concentric with the center line of the right-of-way of said street . _ 24 _ (>Ll v t (e) Cor win wain arterial thorou�fnfarr.s of the city ore hereby Iesi•Jnated and determined to have e, greater width than fifty feet , and no build- { ing or structure shall be erected or located upon any property as closer to the centerline. of such abutting such streets and avenu j streets than one-half of the indicated and designated width of such i streets, to wit: The right of way of Federal Highway (U.S. Highway NO, 1) from the Dania Cut-Off Canal'North to the North city limits shall be 106 feet, more or less, to be actually measured (on each side) as 53 feet from the centerline; The right of way of Phippen Road from S. W. 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 A S. Highway No, 1) from N. E. 1st Street North to the Dania Cut-Off Canal shall be 94 feet, more or less; The East right of way line of Federal Highway ( U.S, Highway No, 1) , from S. E. 1st 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 existing East right of way line; The west right of way line of Federal Highway A S. Highway 1 No. 1) , from Dania Beach Boulevard South to S. W, 1st Street, shall be 83 feet, 5 inches, more or less, to the West bf the existing East right of way line; The right of way of S. W. 1st Avenue and N, W. lst Avenue, - from S. V. Street North to N. W. 3rd Street, shall be 50 feet, measured 24 feet East of the present centerline { i and 26 feet West of the present centerline; f { jThe right of way of Federal Highway (U. S. Highway No, 1) , ! 1 I j from S. E. Ist Street South to Dixie Highway (on the West) l and to S. E. 7th Street (on the East) , shall be 94 feet, more or less; The right of way of Federal Highway (U, S, Highway No, 1) , from Dixie Highway South on the West)tothe South city limits, shall be(on the East) be 80 feet, more or less; t The right of way of Sheridan Street from the East city limits i to Federal Highway (U, S, Highway No, 1) shall be 50 feet, measured SO feet North of the section line; j The right of way of West Dania Beach Boulevard, from Federal �L l Highway (U. S. Highway No. 1) Westward to the West city limits , shall be 120 feet, 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. F. 2nd Avenue, shall be. 50 feet; 1 _ 25 - Iv «, ,.. c I I i i i The ri j it of td,ry of S, V. Park Street (u l,urerl from pIC:('"li north ric 1;t OF 4iJy llil Of tho S Lreel:) , frO:a ISt Av^-nue to S. ll, ',rd Avenu,, shall be 55 feet; The right of wa, of S. 41, Ist Street (measured (roan the present South right of tray line: of the street) , from. S. 11, 3rd Avenue to S. W. Ist Avenue, shall be 56 feet ; I The right of way of S. I.I. 3rd Avenue and off. W. 3rd Avenue, from S, W. Ist Street to N, W. Ist Str-at, shall be 53 feet; i j The right of way of Tigertail (toad, from the Florida East Coast Itai h'jay on the East to the city limits line on the West, shall be 70 feet; The right of tray of N. W. 3rd Avenue, from N. W. Ist Street to N. W. 3rd Street, shall be• 47 feet, 3 inches; i 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; 1 a The right of way of S. W, loth Street (measured from the j 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 (I1, S. High,'-;ay No, 1) Southwesterly to the Florida t East Coast Railway shall be 66 feet, more or less, to be } 3 actually measured (on each side) as 33 feet from the center- line of the present paving; �i The right of way of S. W. 12th Avenue and M. 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 approx- imately 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 tray 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 tray of N, E. Ist Avenue and S. E. Ist Avenue, from S. E. 2nd Street North to N. E. 2nd Street, shall be 48 feet, more or less; i i The right of way of N, E. Ist Court and N. E. 2nd Avenue, 9 from Dania Beach Boulevard to N. E. Ist Street, shall be i� 62 feet, more or less; The right of way of N. C, Sth Avenue and S. E. Sth Avenue, from Dania Cut-Off Canal to Sheridan Street, shall be 70 feet; The right of way of S, E. 11th Terrace, from S. E. 2nd Avenue to the Eastern boundary of the city, shall be 60 feet; 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. 1J, loth Street from the Federal High;w'y (U, S. Highway No. 1) to the Western city limits, shall be 35 feet measured from the centerline thereof) ; i 1 2.6 - fly _ I 1 I The :I::dicated portion and th used portion of such streets, avenues j and public ways, if any, shall constitute a portion of such street ) exact right of way. The city rnginear shall dotermine and fix the jlocation of such streets, avenues and public trays. of the effective date I (d) All other existing or dedicated streets (as � I of this chapter) which are not h-ereinabove designed 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 I, 1 shall be erected closer than 25 feet to the centerline of such 1 i streets, avenues and public gays. The dedicated portion of such 1 streets, avenues and public ways, if any, shall constitute a 1 portion of the 50 foot street right of way. The city engineer shall determine and fix the exact location of such streets, � avenues and public ways. F (e) As to all new plats of proposed subdivisions which are presented I; to the city commission for approval , such plats shall show a i E i total dedicated width for all streets and avenues of 60 feet or 1 1 more. Specifically, by this chapter, the city commission of City of Dania hereby determines and ordains that the minimum � r width for any newly dedicated street or avenue which appears in j d any new plat of a proposed subdivision shall be not less than i ,.. 60 feet. Further, in any situation where a property owner offers s to dedicate or grant an easement or right of way for public street l purposes and if such dedication or grant requires the approval such approval or consent or consent of the city, PP shall not be F ement or right of way for public street given unless the proposed eas I purposes has a width of at least 60 feet. I (f) In determining the setback requirements for any building proposed to be erected, the setback requirements hereinabove provided for of this section shall be construed in the previous subparagraphs j as being minimum setbacks and shall not be construed as repealing in any manner any existing setback requirements stated in other parts of this chapter or in any independent ordinances concerning the subject, If under different sections of this ordinance a i ,l greater setback for a building is required than may be required by the previous subparagraphs of this section, such greater setback requirement shall be enforced. 27 Ur, ��rivate ;trcet �ih^re tiie right-nf- .;ey ,.�idth i is ntt:t , in the opinion of the Building Official , clearly deter- mined, the street lot lines, for the purposes of this Chapter, i �I,a11 be lecet<^1 tj•jenty-five (75) feet from and parallel to 1 concentric with the center line of said street. (h) N:>twithstanding the above requirements, whan a lot abuts a public street under the administrative jurisdiction of other political i subdivisions ,uch as the county or state, the street lot lines, for the purposes of this Chapter, shall be determined only after i coordination with the respective agency having jurisdiction. I E 5. 15 LOT AREA. i (a) All lot, yard and bulk regulations for both the principal and i accessory uses shall be calculated within the confines of a con- i 4 tiyuous lot, ( f 5. 16 INTERSECTION VISION, As an aid to free. and safe movement of vehicles at and near street intersections and in order to promote more adequatIs i 4 protection for the safety of children, pedestrians, operators of vehicles and property at all street intersections, no obstruction to vision (other than an existing structure) exceeding thirty (30) inches in f s height above the established grade of the street at the property line E shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines thirty (30) feet distant from their point 6 of intersection, provided, however, that this provision shall not i apply in the C-2 Commercial Districts. (see attachment one of this I i Chapter for an illustration of this requirement.) 1 I i i; i E 1 _ 23 _ 5. 17 EXIS'fl :; SINGLE-FAMILY DE 'F_LO?f1_f(. A single-family stnieture locaC ;d — -in any R-District existing at the time or adoption of this Chapter wh1ch does not comply w1 th th� lot, yard or bulk regulations for buiId - ing lots in the R-District in which it is located may be. added onto I providcd the folla:ring conditions exist or are met: (a) Front- and Rear Yards. No structure shall be added onto unless said addition maintains a minimum front yard of twenty-five (25) i feet and a minimum rear yard of ten (10) feet. (See Section 5.31 For permitted projections.) I j (b) Side Yards. No structure shall be added onto unless said addition maintains a minimum side yard ofseven(7) feet. If a corner lot, a minimum street side yard of twenty-five (25) feet shall be 1 provided. (See Section 5.31 for permitted projections.) (c) Lot Coverage. No structure shall be added onto when said addition increases the lot coverage for that lot above fifty (50) per cent. 5. 18 REQUIRED AREA OR SPACE CANNOT DE REDUCED. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Chapter except as provided in this i f Chapter; and, if already less than the minimum required by this {3y Chapter, said area or dimension may be continued but shall not be further reduced except as provided in this Chapter. 5.20 HEIGHT REGULATIONS. 1 5.21 . GENERAL APPLICATION. No building or structure shall have a i greater number of stories, or have an aggregate height of a i greater number of feet, whichever of the two is least of the i permitted heights in the district in which such building or structure is located, except as noted elsewhere in this I Chapter. I 5.22 PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS, (a) Structures for the housing of elevators, stairways, tanks, sky- lights, i I lights, ventilating fans, air conditioning or similar equipment i required to operate and maintain the building, radio and television ! antennae for reception purposes only, church steeples, flagpoles and chimneys may be erected no more than forty (40) per cent above fI ) - 29 - . i '--�� i tL footn:,c h:.iy:lt Bruit. for the district klithin which it is i lnc.ited as pr'cscribed by this; Chopter; provided, however, that s.ich structures located upon tir rooF area small not cover in t.hc ac,grcgate a roof area greater- than IV. of the ground floor area of such building or structure. (b) Vhen any building is constructed on a tract of land the height shall be measured from +8,0 feet U.S.C. & G. datum, all build'- will h co:istruc'ted �.sith a rainimuri first flou r elevation of 9 feet U.S.C. & G. datum or Id" above the cro.vn of the road 1 av,.rtting, whichever is oreater. No commercial building first i floor shall be inrilt less titan +8,0 ll,S,C, t. G. datum or 6" a:,ove the cro.m of the road abutting, whichever is greater. i (c) For buildings erected in the R-M District, on tracts or parcels a of land that are less than two (2) acres in size, the permitted 1 height may be but shall not exceed the mean height of adjoining ` buildings within the R-M District, provided, howeier, that in no case shall the permitted height exceed five (5) stories or sixty- two (62) feet , whichever of the two shall be the least and provided jfurther that the following conditions exist: (See Section 5.41 J for supplementary yard, density, and coverage regulations.) ? � t " (1) That the owner of said lot does not own any adjoining vacant land which would create a parcel or tract of two (2) acres or j more if said vacant land were combined with a lot measuring i I less than two (2) acres, I (2) That the said parcel of less than trqo (2) acres is adjoined i on two or more sides, adjoined defined as abutting or separa- ted by street or alley of sixty (60) feet or less for at least fifty (50) per cent of a side of said parcel , by build- ings lawfully in existence at the effective date of this Chapter but exceeding the height limitation of the R-C r District. (d) For buildings erected in the R-M (1) or R-IM(2) District, on ? tracts or parcels of land that are in one ownership, which are developed as one integral unit, and consist of not more than four (4) acres, and which are adjoined on two (2) sides by buildings - 30 . s within the il-PI(1) or R-i1(2) District of eight (8) stories or ninety (90) feet, adjoined defined as abutting, the permitted height may be, but shall not exceed, eight (3) stories or ninety t (90) feet , whichever of the two shall he the least. See Section i 5.41 for supplementary yard and coverage regulations.) 1 (e) For buildings erected in the C-2 District on tracts or parcels of land that are in one ownership, that are less than one (1) , acre in size, the permitted height may be but shall not exceed the I I mean height of adjoining buildings within the C-2 District, pro- vided, however, that in no case shall the permitted height exceed ( five (5) stories or sixty-two (62) feet, whichever of the two 1 i shall be the least, and provided further that the following con- - 1 ditions exist: (See Section 5.41 for supplementary height and 1 I coverage regulations. ) i t (1) That the owner of said lot does not own any adjoining vacant � {S land which would create a parcel or tract of one (1) acre f i or more if said vacant land were combined with a lot measuring less than one (1) acre. (2) That the said parcel of less than one (1) acre is adjoined on two or more sides, adjoined defined as abutting or separated } by a street or alley of sixty (60) feet or less for at least Ak fifty (50) per cent of a side of said parcel , by buildings f i lawfully in existence at the effective date of this Chapter I 7 I but exceeding the height limitation of the C-2 District. (f) In order to encourage increased open space and reduce lot coverage, i i the maximum building height in R-M, R-M(1) and R-M(2) Districts may be increased by the City Commission upon reduction of the lot coverage below that otherwise required by this Ordinance; provided, however, that in no event shall the building height in an R- hl I District exceed five (5) stories or sixty-two (62) feet, or eight (8) j stories and ninety (90) feet in an R-il(1) or R-t1(2) District, nor I F; shall the maximum lot coverage in such Districts when the forego- I+ 1 l ing heights are allowed exceed twenty-five (25) per cent. - 31 - d I .• ilFi(3) parcel or lot hevinq an area of 10 or more may hava a height increase above 3 stories or 90 feet by uaing the Land Area Haight Ratio Formula bolnv, Hrn•waver, no building or structure will be I permitted to have a height greater than 15 stories or 150 Feet, ALC = Allowable Lot Coverage TLA = lotal Lot Area (over 10 zoning acres) I i SR = Stories requested (over 8 ,not to exceed 15) I i ALC, = TLA SR i EXAMPLE: r � ZONE RM(2) - The owner of a ten acre parcel requests a permit to construct a 15 story multi-family apartment � building. What is the allowable lot coverage for f fthe structure? j ALC = 400,000 soft. (ten zoning acres) SR (stories requested) i i ALC 26,666 sq, ft, or 6,66% i r i 4 I 1 I i I 1. l I - 31a - ' I i 5.30 Y%}_.D Evory part of a ru(it ircd front , side and rear yard .,usL be open i to t:he Sky unobstructed except for accessory buildings in a rear or side yard, garden walls and fences, as peraiit u.d, and except for tha ordinary projection of open porches, balconies, steps, sills, belt courses, cornices, and for ornamental Features as defined j be1 aw 5,31 R3-120�1p RS-3000 APID RS-6000 UI5'f?1CTS, (a) Chimneys, cornices, eaves, bay windows and balconies may I extend twenty-four (24) inches from the main building into i the yard area, Chimneys and bay windows shall not exceed ten (10) feet in horizontal dimension measured parallel to I the building wall and the total lineal dimension for such j ) projection shall not exceed twenty-five (25) per cent of the i i { total dimension along the building wall from which such I 1 chimney and/or bay-window nay project, (b) First floor entrance platforms, open terraces, or steps may extent six (6) feet into the front yard or street area i 1 provided no closed part shall exceed four (4) feet in height � above the average lot level, i 5,32 R.-H. R-M(1) AND R-M(2) DISTRICTS, (a) Cornices, chimneys and fire escapes nay extend forty-eight (48) inches from the main building into any yard areas. (b) Area-ways, ramps or steps to basement may extend into side or rear yard area within twenty-four (24) inches from I adjacent property line provided no part is over thrity-six (36) inches above the grade. i (c) Decorative screens and other architectural features projecting into the rear, side or front yard areas shall be perforated in a manner so that any vertical projection is at least fifty (50) per cent open in area in a vertical plane at any given h point, k 5,33 C-1 AND C-2 DISTRICTS, k i (a) Cornices, solid canopies, or architectural features may 1 extend forty-eight (48) inches over the sidewalk or J 4 32 1� i required yard area, provided it shall have nine (9) feat of vertical elearnnee bet,.-re-en any solid construction and th-, sidcwalk or yard. (b) 1larquees or canvas covered fireproof canopies, no wider I than entrance ways, may be constructed over main entrances i to hotels, theatres and places of public asse,nbly and may extend to the face of the curb, provided that no support shall be nearer than eighteen (18) inches to the face of � I 1 the curb, and said installation shall have a minimum of nine (9) feet of vertical clearance between any solid con- struction and the sidewalk. a (c) No projections shall be allowed in the required rear yard j except open type fire escapes, and these must be provided 1 with a counter-balanced bottom section to provide for nine a (9) feet clearance when up. (d) Awnings may be suspended over sidewalks or ways provided f that they shall not project nearer than eighteen (I8) 1 inches to the face of the street curb line nor more than eight (8) feet from the exterior wall of the building, and said installation shall have at least seven feet six inches (716") of vertical clearance between any solid construc- tion and the sidewalk or way. Cloth front and side drops i shall measure not less than six feet six inches (616") i from their lowest point to the sidewalk or way, ; 5.34 CORNER LOTS. t. (a) Where any lot is located on ay street intersection or where i two or more intersecting street lines outline any lot, or where any lot is located upon any corner, one side of the lot facing a street shall be determined to be the front street line of the lot by the orientation of the building i facing a street and the other side of the lot facing a street I' i s shall be determined to be the street side of the lot, pro- . r i vided that such choice, in the opinion of the Building Official , shall not be injurious to the existing or desirable future development of surrounding property. The required street side yard shall have the same setback as the front - 33 � � i street yard of such lot , and shall h._va the some provisions , i requi ruments and restrictions as a reglllrCd I-rout street I yard. (See Attachment One of this Chapter for illustration) . i i (b) The provisions of Section 5. 14 of this Chapter ,hall apply to the street side yard for a corner lot. j5.35 THROUGH LOTS. j ! I (a) Where any lot extends the entire depth or width of a block I and has frontage on more than one street at opposite ends of the lot, one side of the lot facing a street shall be I determined to be the front street line of the lot by the 1 r orientation of the building facing a street and the other i side of the lot facing a street shall be determined to be 1 i jthe rear street frontage, provided that such choice, in the opinion of the Building Official , shall not be injurious to the existing or desirable future development of surround- ing property. The required rear street yard shall have the j ° same setback as the front of such lot, and shall have the l same provisions, requirements and restrictions as a required I front yard, i j (b) The provisions of Section 5. 14 of this Chapter shall apply jto the rear street yard for a through lot. 4 I s 5.36 GARDEN WALLS AND FENCES. Garden walls or fences may be located or constructed within the required yard areas and shall conform to the following regulations, except where special requirements 9 are set forth for specific screening purposes elsewhere in this f Chapter: i (a) Front Yard. All garden walls and/or fences located between the front building line and the street right-of-way line shall not exceed four (4) feet in height. The height of a wall or fence located in the required front yard shall be f r measured on the street side of the wall or fence from the I i top of the wall or fence and shall not exceed four (4) feet in height above the grade of the crcwn of the street at a point directly opposite such points of measurement. (See Attachment Five for illustration, attached at end of i Ordinance) . - 34 - i ( l n S i_1=_-_� � I�.:•nr Ynrrl_. All riardc:n to:�l i:, and/or Fenc�a IocaCe:i between the side or rear building line: and the. side or rear lot lint: shall not cxcceJ six ((i) feet in height exeupt for I a required street side yard of a corner lot and the required i rear street yard of a through lot where they shall conform to the provisions of Paragraph (a) above. The height of a wall or fence located in a side or rear yard shall be measured i on either side of the wall or fence from the top of the wall }i or fence and shall not exceed six (6) feet in height from the lowest grade opposite such point(s) of measurement. 1 (See Attachment Five for illustration, attached at end of i i Ordinance) . r I (c) Restrictions. Such garden wall or fence shall , in addition, j conform with Section 5. 16 of this Chapter and in no case be located closer than two and one half (2 '--) feet to the rear I lot line, nor be located within the street right-of-way or streetward of the front lot line as provided for in Section 5. 14. 5.40 MISCELLANEOUS LOT REGULATIONS. 1 5.41 DEVELOPMENTS EXCEEDING PERMITTED HEIGHT REGULATIONS, (a) When any building in the R-M District exceeds three (3) � j stories or forty (40) feet as provided for in Section 5.22(c) j 3... the maximum density shall not exceed twelve (12) dwelIing units per acre, and the following yard and bulk regulations shall apply: j i (1) Minimum yards - Front : Twenty-five (25) feet. Side: iOne - twenty-five (25) feet; both - fifty-five (55) feet. (2) Maximum coverage - thirty-five (35) per cent. (b) When any building in the R-M(l) or R-M(2) District exceeds i five (5) stories or fifty-five (55) feet, as provided for in i . Section 5.22 (d) , the following lot, yard and bulk regulations t shall apply: R (1) Maximum Density -Fifteen (I5)dwelling units per acre. ( � 1 35 I ?1 !finir:nim Yards : Front - fii`ty (`i0) feet; side one - forty � i (40) feet , both eighty (30) feet. i (•'.) Maximum coverage - twenty-five (25) percent. (c) tJhen any building in the C-2 District exceeds three (3) i stories or forty (40) feet, as provided for in Section 5. 22(e) , the maximum height and coverage shall be as follows: (1) a. Maximum height - four (4) stories/fifty (50) feet, b. Maximum coverage - iiFty-five (55) percent, { (2) a. Maximum height - five (5) stories/sixty-two (62) feet. b. Maximum coverage - thirty-five (35) percent. 1 5.42 MISCELLANEOUS LOT REGULATIONS. i (a) Residential uses within Commercial Districts. When any i residential use is approved as a Special Exception Use as provided for within Section 6.40 within the C-2 Commercial i District, it shall conform to the lot, yard and bulk regula- tions of the RS-8000 District, and, if appropriate, the provisions of Section 6.50. When a single-family residential use is attached and is an i accessory use to a commercial use within the C-2 District, the residential area shall conform to the lot, yard and bulk i requirements of the R-M Residential District. 19 (b) Use of ooen areas of lot or vacant lots within Commercial District, When open areas of lots or vacant lots within the j commercial district are used for the open air display of ! I merchandise or for open air seating for more than 30 consecu- tive calendar days or 60 total calendar days in any 12 month period, these areas shall be subject to all of the same reg- ulations of the City's ordinances which are applicable to merchandise display areas or seating areas contained within buildings, including but not limited to the provisions of off- street parking, said parking to include that number of spaces necessary to accommodate the total open air merchandise display areas or open air seating; and further, the provision of a structure to house required toilet facilities and sales- men or attendant office space. _ 3B _ (�" ,I 5,43 S RUCTURIS OVER U it It AYS, Nn structures shall b_ erected or constructed beyond the established bulkhead or bulkhead lino or over any waterway except docks, 1 j 5,44 ACCESSORY STRUCTURES, j 5.45 P11NUiUFI YARD• LOT AND BULK REGULATIONS i f (a) Unattached Accossory Structures in R-Districts. II Accessory structures, without kitchen facilities, which I are located no closer than ten (10) feet to a principal structure are defined as unattached and may be erected in accordance with the following requirements: (1) No accessory structure shall be located within ten (10) feet of a side or rear lot line. (2) For corner or through lots the street side yard or ' rear street yard setback shall be the same for accessory structures as for principal structures. (3) No accessory structure shall be located closer to I the street than the required frontyard setback for i a principal structure in the district in which such accessory structure may be located, (4) An accessory structure not exceeding twelve (12) s I feet in height may occupy not more than thirty (30) i per cent of a required rear yard except that an I awning, as defined, may occupy an additional twenty i (20) per cent of a required rear yard. However, in ; i no case shall all accessory structures including an awning occupy more than fifty (50) per cent of a i required rear yard. (b) Attached Accessory Structures in R-Districts. When an accessory structure is located within ten (10) feet to a i I I principal structure, it is considered attached and shall i. Icomply in all respects with the lot, yard and bulk requirements of this Chapter applicable to the principal structure, r (c) Accessory Structures in R-Districts Used for Auto Storage - Lot Coverage Computations. In determining the percentage of coverage of a lot by buildings, accessory structures, the _ 37 1 I i height or which du not exceed plus eight (' ) feet above datum for that lot and which are designed and used zero t � , I exclusively for the purpose of auto storage, shall be I jcounted, for the purpose or computing maximum lot coverage of buildings, at fifty (50) percent of its roof area, pro- ivided that the structure shall be substantially screen_d through the use of earth berms, ground cover, and other means of landscaping, and further provided That the roof f thereof shall ba landscaped. 1 i (d) Accessory Structures in Other than it-Districts. r i Accessory structures shall comply with front and side yard requirements for the principal structure to which they are ' I accessory and shall be not closer to any rear property line I than ten (10) feet. r ONT i F jj] 1 1 ' i (fi y�y I i i i II J 38,fill! - I I i ARTICLE 6 i SUPPLE?tEM"fAi;Y USE REGULATIONS 6. 10 ACCESSORY USES. 6, 11 GENL RAL, Accessory uses shall be clearly supplementary i and incid:;ntal to the principal use of the lot and shall be i located on the same lot as the principal use to which it is subordinate, j I 6. 12 SWIM?IIIIG POOLS, Swimming pools, not to be enclosed by a structure other than fences as required or permitted by the City Code, may be constructed within yard areas except i the required front yard, required street side yard or required street rear yard as prescribed by this Chapter; provided, 7 however, that no part of the pool structure may protrude more than six (6) inches above finished ground level and that the k _., pool walls shall be at least five (5) feet from the lot lines. In determining the percentage of coverage of a lot by build- ings, swimming pools shall not be counted in such computation. 6, 13 ACCESSORY USES IN MULTI-FAMILY D'dELLINGS APARTMENT HOUSES 1 AND HOTELS, Incidental services used in connection with t multi-family structures in an R-M (1) District or with either 1 � apartment houses or hotels in an R-M(2) District, including i Cigar or Candy Stands, Delicatessens, Personal Service Shops and similar uses, may be permitted provided the following 4 conditions are fulfilled: I I j (a) At least twenty-five (25) dwelling units shall be con- tained within the building group. (b) Not more than five (5) percent of the total floor area within the buildings shall be so used. (c) All such incidental services shall be situated within t is the interior of the building, so that no part thereof shall be directly accessible to the street, or public t way. (d) No sign or window display shall be discernible from the sidewalk or public way, ( (e) No exterior or external advertising shall be permitted. CN✓ - 39 - i Gu:at hoaxes shall be used only for occupancy I� of th;: legitimate nonpaying guests of t:he a.gners of the I i main residence, or bona fide members of the family or servants, I i and no kitchen or sleeping rooms shall be constructed or used therein. 6, 15 TENNIS. COURTS, SHUFFLEBOARD COURTS. Tennis courts, shuffle- board courts and similar uses, not to be enclosed by a I ° structure, may be constructed within yard areas except the I i required front yard, required street side yard or required I street rear yard as prescribed by this Chapter; provided, I however, that any walls or fences shall conform with Section i 5.36 of this chapter. In determining the percentage of { coverage of a lot by buildings, tennis courts, shuffleboard i courts and similar uses shall not be counted in such compu- tation. , 6.20 SERVICES, AUTOMOTIVE. IN 1 6.21 OFF-STREET PARKING s i (a) Size and Access. An off-street parking space shall .I consist of a parking space having minimum dimensions of ten (10) feet in width by twenty feet (201) in length i for the parking of each automobile, exclusive of access i drives or aisles thereto. Minimum width of an access drive shall be ten (10) feet. Minimum width of an l aisle designed and intended for the maneuvering of an i k j automobile into a parking space shall be in conformance j i j with the Illustrative Chart as set forth in Attachement j � I Two of this Chapter and hereby made a part of this Chapter. The parking plan must be so arranged that each automobile may be placed and removed from the i parking space assigned thereto and taken to and from the property without the necessity of moving any other automobile to complete the maneuver. Street and/or sidewalk areas shall not be used for off- street parking purposes as herein defined. Individual ingress and egress drives extending across the public - 40 ' 1 a. t I sId,%galks acid curbs and connecting the off-strut Parkinq spaces to the public street areas shall not i exceed a rna:;imum of thirty (30) feet. The design, J number and placement of such drives shall be subject to the approval of the Superintendent of Public Works before being installed. (b) _Automatic Parking. Nothing in this section is intended to prohibit the installation of a fully automatic parking f facility in which the placement and removal of automobiles are accomplished wholly by machinery. 1 E (c) dumber of Parking Spaces Required. There shall be pro- � vided: (1) at the time of the erection of any building or E I structure; or (2) at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, floor area or seats; or i (3) at the time any use or occupancy of an existing building or structure is changed to a use or occupancy 1 which incrP=ses the requirements for off-street parking, minimum off-streeL parking facilities with adequate pro- visions for ingress and egress, in accordance with para- graphs (a) and (b) of this section and the Schedule of Off-Street parking requirements, as prescribed in this j Chapter. A use, building or structure, lawfully in existence at the effectiveedate of this Chapter, which shall be made non-conforming at the passage of this Chapter, or any applicable amendment thereto, may be continued even though off-street parking may not be provided in full compliance with this Chapter; but the degree of non- . . E conformity due to a deficiency in providing the required off-street parking spaces may not be increased, either by reducing the number of parking spaces which are pro- vided at the time of the passage of this Ordinance, or by changing the use or occupancy of an existing build- ing to a use or occupancy which increases the requirement ( , 41 �� for off-sl:rcet par''iug. i i (1) Pring In of F.nuivaIency for F.vtiIunt1n(I O(P-Sti_r a j Parking ill Fxistin'i I1ses. ' Definition of Princip)(- of Fguivalency a`• Aonliccl to the 1 j Schedule of Off-Street Parkins R^.guirements. The principle i of equivalency as it relates to the Schedule of Off-Street Parking Requirements may be defined as an automobile parking space to building floor area ratio method of Iestablishing an inventory of automobile parking spaces for an existing conForning or non-conforming use of an existing building, structure or use, for the purpose of determining l the net off-street parking requirement for the establish- ment of a proposed new use to be permitted in said build- I y ing, structure or use. I In evaluating off-street parking in existing uses, the prin- ciple of equivalency may be applied when the use or occupancy of an existing building is being changed to a new use or f occupancy having a differing off-street parking require- ment for the purpose of establishing compliance with this E Chapter. I The following equivalencies may be used as a minimum guide g I in the application of the Schedule of Off-Street Parking i Requirements: f l Floor area equivalencies: 1 permanent seat equals six square feet of floor. j area in seating areas of occupancies requiring seating. 1 moveable seat equals 15 square feet of floor area in seating areas of occupancies requiring seating, remainder of areas external to actual seating areas shall provide required parking according to the schedule of ! applicable parking requirements. i 1 medical or dental office equals at least 1500 square feet, of floor area minimum per doctor or dentist. 1 school student equals 20 square feet of floor area, 1 42 i i SCHEnULE OF OFF-STREET PARKING REQUIREMENTS iCITY OF DAHIA, FLORIDA SPACES REOUIRED PER UNIT I1 . Single and two-family dw0iings Two per dwelling unit, j and Torn Houses j 2, Multi-family dwell inns Two per dwelling unit plus one per each five (5) units or portion thereof, 3. Churches or other places of One per seven (7) permanent seats worship, in the main auditorium. i 4. Social , slimming, golf, tennis One per four (4) members. and yacht clubs. i 1 , 5. General business, commercial , One per three hundred (300) square and personal service establish- feet of total floor area. I meats or office buildings. 6. Hotels, motels and Motor Inns One and one-tenth per dwelling unit, j A dwelling unit for the purpose of { 1 this requirement is composed of two (2) or less rooms. j 7, libraries, Museums One per five hundred (500) square feet, 8. Medical or dental offices or Five for each doctor or dentist. clinics, j i 9. Restaurants, nightclubs or One for each three (3) proposed fixed j other eating planes, seats, and/or one for each forty-five (45) square feet of floor area in the proposed public seating area not having fixed seats, plus one for each three { hundred (300) square feet of floor area in the remainder of the floor area. 10. Boardinghouse. One and one-half per dwelling unit. 11 . Theatres, Auditoriums One per each five (5) seats. i 12. Schools (Public or Private) Grades I thru 6 One per fourteen (14) students. Grades 7 thru 9 One per nine (9) students. Grades 10 thru 12 One per three (3) students, 13, Accessory commercial uses in One per five hundred (500) square Multi-Family structures or Hotels feet except for a restaurant, night Hotels club, bar, or other entry place 1 which shall require the same as (9) above. j 14. Industrial , warehouses , storage One per 1000 sq.ft. plus one for b manufacturing each four employees. t 1 E 1 43 �` { 1 (cQ L.r.;:ation o=ParE_in< �:�aces. Parking space; for all i i uses or sLr'uctures t•A,ich are prnvieled as required f parking in conformanvc, with Lilo schcdulc of off-strc„t parking and other applicable provisions shall be located i on the same lot, and have the same district classifica- tion as the principal use or structure they are intended to serve except as hereafter specifically excepted. ` r (1) The City Commission may permit as a special exception i j� the establishment of such required off-street parking � facilities for commercial uses within five hundred , i { (500) feet of the premises, as measured along the , jnearest pedestrian walkway they are intended to serve ; when: i j (a) practical difficulties prevent the placing of ; the facilities on the same lot as the premises l they are designed to serve; (b) the proposed location is located within the same i zoning district as the principal use it is designated to serve; (c) the owner of the said parking area shall enter I into a written agreement with the Cit Y, with ,.. j enforcement running to the City providing that the land comprising the parking area shall never � 3 i be disposed of except in conjunction with the k sale of the building with which the parking i area serves so long as the facilities are i required, and; i j (d) the owner agrees to bear the expense of record- ing the agreement and agrees that the agreement i j shall bind his heirs, successors and assigns, f I p The written agreement shall be voided by the City if other off-street facilities are pro- vided in accordance with this Chapter, 1. _ 44 - _ANWO a. ' i I 3 F7 i (2) Thy City ccwmission m:,y permit as a WAY oxccption Y the establishment of supplemental off-street facilities I i which are in addition to those facilities required i in accordance with the schedule of off-street parking for a permitted or approved special excep- tion use. This additional parking may be supplemental parking located on the same lot or supplemental off-site i g lot or aoini djn parking located on a directly adjoining � j lot which would be directly adjoining except for the Location of a street or public way provided, however, that all other provisions for spacial exceptions as set forth in Section 6,40 are com- plied plied with and further, that the granting of i l I supplemental on-site or supplemental off-site parking gi I is not construed as permission to expand, enlarge, alter, renovate or modify the use of structure except in accordance with the requirements of this Chapter. ! (3) The City Commission may permit as a special exception the establishment of required off-street parking ^� facilities for commercial uses in zoning districts differing from the district of the principal uses ` of structures they are intended to serve if the following conditions are net: i a. The owner of said parking area shall enter into a written agreement with the City, with enforce- ment running to the City providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the buildings with which the parking area serves so long as the facilities are required; and; 1 - 45 - �L L� I 4 b. The comer or said parlciit9 arrea shall ar;ree. to i bear the expense of recording the agreement and i agrees that the a9recnent shall bind his heirs, I� SUCCCS.,tors and assigns. The written agreement shall be voided by the City if other off-street I facilities are provided in accordance with this � Chapter. I C. The said parking area shall have been used as I i a parking area for the entirety of each of the five calendar years immediately preceding the 1 application for special exception, 1 d. The said parking area shall abut the property f 1 ; on which is situated the principal structure Ji for which it is to furnish the required off- � street parking. e, The provisions for special exceptions as set I I forth in Section 6.40 are complied with. f. The said parking area shall be located at 4 ground level and shall not be located within tt any structure, (e) Collective Provision. Two (2) or more owners or operators : «+ of buildings or uses of the same type of zoning class- ification requiring off-street parking facilities may fF take collective provision for such facilities, provided i that the total of such parking spaces when combined or I i used together shall not be less than the sum of the requirements computed separately and provided that the I combined facility is compatible with the zoning uses being served, i (f) Utilization of Yards. Providing the ground level at I the lowest point of the public sidewalk abutting the r property, or the public street if there is no public sidewalk, is maintained, required off-street parking ifacilities may be located in sub-basement under required 1 yards, i;oofs of such sub-basements shall be sodded, landscaped, and maintanied, and there shall be no - 46 visible UViJance of such underground use from a public street or sidewalk. No such underground facility shall he contracted closer than Five (5) feet to any property I line. , i R-M, R-HO) and R-1.1(2) Districts, parking for single family dwelling use may be permitted in any set-back area or yard and shall j be counted as meeting off-street parking requirements. j For single family dwelling use, supplemental off-street parking may be permitted on the same lot provided that for more than three (3) supplemental spaces, not located within a structure, effective screening by hedges and/or walls not less than four (4) feet in height shall i be placed between the off-street parking and any street r and/or interior lot lines. E i ' I In all districts for all other permitted or approved I l special exception uses, required front, street side, or 4 street rear yards may not be used for off-street parking, i but all other yards may be used for such purpose. If a side or rear yard or non-required front, street side or i street rear yard is used for parking purposes, it shall f be effectively screened with hedges or walls or a com- bination thereof placed at the appropriate building line 1 between the off-street parking and any street, Such i screening shall not be less than six (6) feet high and I shall laterally extend across the entire building line I which separates the parking area from the street except .. I for the access way. Such screening shall also be re- fquired along all interior lot lines and shall not be ff (� less than four (4) feet in height and shall not encroach 1 upon the rear easement line. The height of said re- quired screening shall be measured as set forth in Section 5.36 of this Chapter. Each parking space shall I have an adequate and substantial wheel stop located at least four (4) feet from any abutting side or rear II M1 Iproperty line. In ,n)dition to tha screening reguireo::nts f above, the interior of the parking area unist have suitable landscaping, including the provision of shade trees, � such landscaped area to be no less thsui 5% of the parking ar•ca, The total area devoted to landscaping, comprising � both the screening and the interior landscaping, must t be at least 10'/� of the .parking area, (g) _Approval of Plan. The plan for ingress and egress to k and from the off--street parking and landscaping shall be I subject to the approval of the Building Official of the City, No curbs or sidewalks shall be cut or altered in any manner without a permit from the Building � Official of the City, i (h) Utilization of Structures, Whan off-street parking facilities are located within a structure, the following conditions and restrictions shall apply: i (1) The structure shall conform to all lot, yard and 3 bulk requirements of the District in which it is 2 located, (2) The parking facilities shall be designed so as to conform to all other Ordinances of the City and j all other provisions of this Chapter. I (3) All non-structural portions of the exterior ele- vations, except for vehicular ingress and egress areas, shall , in addition to any required safety i provisions, be screened by a sight block of at i least fifty (50) percent solidity for the total i areas between deck levels, such sight blockage to be determined by elevation, A solid wall for fifty (50) per cent of the distance between deck t levels will not be acceptable. f (4) When parking facilities are located on the roof ( of a structure, a four (4) foot sight block shall i be provided in accordance with paragraph three (3) IIr - 48 - ��l`r 4 The dr;;,inition for height of building in Section 2, 10 shall apply except that the " top story'' shall be determined as the story immediately below the I roof deck of the parking structure A 22 (1_f_SfREET LOADING. In any District , in connection with every ! building, or building group or part thereof thereafter erected and having a gross floor area of four thousand square (4,000) ; i feet or more, which is to be occupied by commercial uses or other ? uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, 9 on the same lot with such building, off-street loading or unloading berths in a number not less than the following: i 4,000 - 25,000 sq. ft. - 1 Berth 25,001 - 40,000 sq. ft. - 2 Berths 40,001 - 60,000 sq, ft. - 3 Berths i For each additional 25,000`i s9• ft. - I Berth !i The loading berth(s) required in each instance shall be not less than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height, and may occupy all or any part . i a of any required yard except for a required front yard. Provided, 4 however, that the loading berth(s) shall be screened from the street or public way. 6.23 AUTO RENTAL LOTS. Prior to the issuance of a permit for the use jof any property as an auto rental lot the City's Building Official , s or other designated officer, shall certify in writing that all s _ of the conditions, required as a prerequisite to the granting of i such permit have been completed in accordance with such conditions and requirements. Servicing of the licensee's vehicles, consisting of washing and lubrication only, may be pernitted on an auto rental lot provided I that said servicing facilities are housed in a building with no opening directly on to the street, and such servicing shall not fff, jbe visible or audible from the street or adjoining property. On auto rental lots an office structure which shall include toilet y 1 faciliti.s shall be erected. One yes pump for the sole purpose ( - 49 i o servinD the rental vehicles o.;ned by Iicen e•�s c;:ry hr: installed. Such pump shall be located not «:ore than ten (10) feet nor Icss than five (5) feet iron the designated rear lot line, 4Jhere one I j or more lot lines abut a residential district a wall not less than five (5) feet in height shall be erected along such rear lot line. No automobiles shall b sold or held for sale on an auto rental lot, 6.24 SERVICE STATIONS, r l (a) Location of Exits and Entrances . No gasoline service station shall have an entrance or exit for vehicles within three hundred and fifty (350) yards, which distance shall be measured by following the curb line or edge of roadway where no curb exists, of the shortest vehicular route to the nearest point of the grounds of any school , public recreation area, church, j chapel or residential district; and provided further that such access shall not be closer than thirty (30) feet to any jj intersection. i I (b) Location of Oil Drainage Pits and Hydraulic Lifts, All oil I drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than fifty (50) feet to any property line, 1 1 (c) Mechanical Reaair, All permitted mechanical repair work I shall be conducted within an enclosed structure and shall be 1 f located no closer than fifty (50) feet to any property line, f (d) Gasoline PUmeS, Gasoline service stations shall have their I gasoline pumps, including other service facilities, set back at least thirty (30) feet from any street line, (e) Storage of Vehicles. Service station premises shall not be I permitted to be used as a public or private parking lot unless so licensed by the City for motor vehicles other i than those vehicles belonging to employees of the service station or those vehicles currently receiving or about to receive service. i r t f i f VLYI:_I_: Ii.IT_S Urive-ic fociIities "y b' permitted an i UrZJ I _ .� . . I accessory use only %then the Foll .. ing provisions are co:nplicd will i and approve;) by tl),• Building l;irici11 l (a) Location and Arrangn.c:�nt of Exits and Entrances. 110 drive- in accessory use $hall have an entrance or exit for vehicles which is located closer than thirty (30) feet to any inter- i section. Individual ingress and egress drives extending f across public sidewalks and curbs shall be subject to the i same standards and approvals as those for off-street parking access contained within Section 6,21 (a) of this Chapter. f j (b) Size and Arrangement. No drive-in accessory use shall project I into any front yard or, if applicable, street side yard fur- ther than the principal building. A maximum of three (3) drive-in stalls are permitted and shall be so located so f as to not restrict pedestrian access to any public entrance of the principal building, be it further provided that any portion of the drive-in facilities, including access drives, I which are located between the principal building and the 1 required off-street parking facilities shall have adequate f pedestrian safeguards. F 6.26 PUBLIC OR PRIVATE PARKING LOTS. Applications for public or private parking lots, either as a special exception use or as required 1 off-street parking, shall require the submission of a site devel- opment plan showing the location, number and size of spaces, f 1 type of surfacing material and method of drainage, size and location I of access drives and maneuvering aisles and location and type of screening and landscaping in accordance with this Chapter and other applicable ordinance of the City together with any elements as may be deemed essential by the Building Official . i ! In case of a public or private parking lot which is to be operated se on the parcel of land, the following as the principal and sole u regulations may be utilized as alternate guidelines in reviewing the site development plan: i 5141 - ! Lam. �o i Are'.'ti' All iiii e:rC- pai 1,. SpdGi- ilall fp^ ISi !� I � o� a parkin;; space havinj laininwm rl of C,.I (10) i �cet in I;y twenty (20) feet in or the par!:in3 Of :_rich iie, exclusiva of access driv^s nr aisles thereto, i;iniinum oidth of an access drive shall he ten 001 i i f,e-t. Minimum Width of: an aisle de5idned and intended for ' I the ,ianeuvering into a ninety (90) degree parking space shall be twenty (20) feet. Individual ingress and egress drives i extending across the public sidewalks and curbs and connect- ]]] t ing the parking lot to the public, street areas shall not a exceed a maximum of thirty (30) feet. The design, number i and placement of such drives are to be subject to the approval i j of the Building Official before being installed. (b) Tandem Parking, Tandem parking may be permitted on a parking lot with a full time attendant provided that not more than two (2) cars may be parked in tandem at each parking space location. i 1 (c) Location of Spaces. Required front, street side or street Y I i rear yards may not be used for off-street parking, but all I. other areas, exclusive of easements, may be used for such z { purposes providing parking lot paving shall not extend closer k than four (4) feet to any abutting side or rear property line, ` (d) Landscaping. Screening shall be provided in accordance with f } i section 6.21 of this Chapter. I E 6.30 RESERVLD, I 1 i I I 1 i - 52 - v�Ny! E i i i i i I 1 i I I I i i r i s i I i f I i i i i i i l I 1 - 53 - I i i I I � I � I ! i i I i I f E { 3 i j I I d 77'j I f I j i s I I � k 54 gin, -- ---- ----..., • i I i j f F ; i i i I , i � I I i y 1 i a i i i I 4 i t f j jt i i 1 I r 1 ? i 1 k r E +t I i i f I i f j I f - 56 `CN•U 4 .. 'I I G,4p EYf.EP'f10?! USES, Special exception uses and their related accessory uses or any ! i I ! c�<D.nsion, enlargement, or modification of an existing special I axccption use shall be permitted only upon authorization by the i I City Commission provided that such uses shall be found by the City Commission to comply with the•follewing requirements and other applicable requirements as set forth in this Chapter. (For additional standards applicable to planned unit develop- f ment, see Article 7 of this Chapter.) i 1 'i (a) That the use is a permitted special exception use as set I � forth in the Schedule of Use Regulations, City of Dania, in Article 4 hereof. (b) That the use is so designed, located and proposed to be 1 � 7 operated that the public health, safety, welfare and morals i 1 will be protected, (c) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be i located, f (d) That the use will be compatible with adjoining development III and the intended purpose of the District in which it is j I to be located. 7 (e) That adequate landscaping and screening is provided as required herein. i M That adequate off-street parking and loading is provided 1 and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. (q) That the use conforms with all applicable regulations gov- erning the District where located, except as may otherwise be permitted for planned unit developments. I 1 _ 57 _ F 40 I I 6.51 T(,'JN IIOUSf:S, To encourage and facilitate attractive dusign of town housing, the following general set of standards shall be used I I;y the Building Official in rcvisiing plans for such development. , I (See Attachment 3 of this Chapter for an illustration of the application of these general standards) . (a) The over-all density shill not exceed the maximum permitted in the District as set forth in the Schedule of Lot, Yard and Bull: Regulations of this Chapter or Section 7.423 of this Chapter. 1 (b) The minimum lot depth shall be one hundred (100) feet, 1 the minimum lot width shall be one hundred and fifty (ISO) feet, the minimum lot area shall be twenty thousand (20,000) j square feet and the maximum lot coverage shall be forty i (40) percent for the building grouping, "n (r.) The minimum individual lot width, if applicable, shall be twenty-five (25) feet and the maximum coverage for an in- {{ dividual lot, if applicable, shall be forty (40) percent. (d) No less than four (4) town houses shall be located within i a building group and no interconnection or overlapping AP between individual dwelling units shall be permitted and no part of any exterior wall of any building group shall be 9 i nearer than twenty (20) feet to any part of any exterior wall of any other building group nor nearer than ten 0 0) I feet to any side lot line of the overall lot. The maximum dimension of any building group shall not exceed 150 feet. ! 1 (e) Each building group shall have provided on the overall lot, I a twenty (20) foot access to the interior of the block with at least one (1) such" access for each fifteen (15) town I houses or portion thereof. i (f) Each interior individual town house lot not having a street ` front access shall have a minimum access easement of ten i (10) feet provided along the rear property line of such lot. - 58 - >- aW_ 4 7� n i _ _ L �elnpr .n : ; , in adliiinn to CO:p)l) in3with 1 ,11)1)1 111)10 Oct ions o; this Chap b,2 r, shall comply with one Vi th,! InII!);;in9 m:etliods of Iand transfer anti rnwnersIIip : i (1) The �,nb,livisinn of the who Ie tract into individual � parcels in accordance with Lhis Chapter, together wit:h The platting of the property for record in i i accordance with the State Plat Law and Chapter 33- of the Code of Ordinances of the City, or; (2) Providing for the development of the entire tract in 1 1 t accordance with this Chapter, retaining, however, title to all of the lands in the name of a condominium corporation and providing for all other usual condo- l minium documents and procedures, or; (3) Providing for the development of the entire tract in 1 accordance with this Chapter. retaining, however, l title to all of the lands in single ownership by i recording a duly executed Unity of Title in the office j l of the Clerk of the Circuit Court of Broward County, �! thereby stipulating that said tract shall not be eligible i { for further subdivision, i 6.52 CLUSTER - Sli!GLE FAMILY j R a. Site Plan Specifications - Applications for cluster (single family) f dwellings shall be accor.ipanied by a site development plan showing all structures, roadways, pathways, parking area, utility and i exterior lighting installations on the site, all existing ;I ! structures and usage within two hundred feet (200') of the site j boundaries. The site plan will meet the following minimum f specifications. i j 1. Site area. The minimum required site area for the entire i project shall be not less than two (2) acres, excluding i existing and proposer) public rights of way. I 2. Lot area, The minimum required lot area for each individual j family dwelling unit shall be not less than two thousand five hundred (2,500) square feet. All lots shall be indi- vidually platted and properly recorded. 53a �NN i i D, n, it:L !r_ numbur of simile fa.niIy re"i dent ial dweIIinq units permitted shall not exceed five (5) units per acre. I , HG.inht. The manic"" height of nny structure shall not exceed two (2) stories or twenty five (25) meet, i j 5, Setbacks. Yard setbacks for individual dwelling units shall I be sug,lrsted or proposed by the developer or applicant and shown i I on the site development plan, The exact amounts or sizes of i setbacks are expressly not set forth herein so as not to inhibit or restrict the theory or concept of a cluster design 1 or single family residential dwelling units. However, the setbacks, as mutually agreed upon between the developer and the city, shall be those setbacks shown on the site 1 development plan approved by the City. However, in all � events, Yiiere shall be a n_-imeter setbac'• around the entire 3 1 Project of not less than fifty (50) feet, 1 6. Open Space, The following types and amounts of open space shall 1 be required in all cluster single family residential projects: a. Not less than forty (40)per cent of the total project site area shall be preserved in pervious open space of 1 ' a co;amonly owned and maintained nature, which may i t include active and passive recreational areas, greenways, i i i buffer strips, gardens, nature preserves and other r similar uses, P f 7. Common area responsibility. Provisions shall be made to I 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 purpos _ of holding joint title to, and assessing monthly I maintonance fees for, such areas and facilities. Other methods may be acceptable if they satisfactorily provide for the proper and continuous payment of taxis, expenses 1 t - 5b - f 1 .�ni =in;.• .. c„ tothin n.i'; part of nuch charyan dng incurred "y We City of Dania. The agrn,r.•ant inenrporatin , such prn- i visions shall Ke ruvioik by Lip! City K torney aS to Form pid i logo! sni i Iciency, ❑'pyrnv& by the City W„Ossini aW i I � rocnrdQd • the City Cleric-Audltnr, I � I I I I 1 ,, The locrtlon, slyn, 'icnslty, height, !II"oupings and j WOW and identification n each and every type of i f i 1 improvement which thn developer proposes to construct on the tract and which, in the aggregate, will show com- pliance or fulfillment by the developer (or applicant) of � i all of the terms, conditions and requirements required as j minimum requirements for the construction of cluster single family residential dwellings on the particular parcel or tract � f which constitutes the site of the proposed development and which is the subject of the developer's application to the City. j h. In addition, the site development plan will show the pro- 's posed division, or layout, of the individual lots in such detail as to show the City the method by which the j developer proposed to plat the parcel or tract into I individual lot sites. 1 { g I i ,.aX! i I t I G. NULTI-I=AHILY DI/ELLINGS (APARTMENTS) , i I (a) Site Plan Specifications, Applications for multi-family i dwellings shall be accompanied by a site development plan i I I i i I Shr"ing all structure:,, rcidways , pathwalr.s, parkin areas, utility and exterior lighting installations and landscaping i on tir, site, all existing structures and usages within two I hundred (200) feet of thn site boundaries, and any other elements as may be deemed essential by the Building Official , I No certificate of occupancy shall he issued for any such building or buildings, unless alliacilities included in the site plan have been provided in accordance therewith, Before 1 approving the site plan, the building Official shall make findings that the following requirements are met; Y 1 (1) Traffic Access. All proposed site traffic access I grays are adequate, but not excessive in number, i 1 adequate in grade, width, alignment and visibility, and not located too near street corners, entrances . I 1 to schools or places of public assembly and other similar considerations. i (2) Circulation and Parking. That the interior circu- lation system is adequate and that all required park- .... 1 ing spaces are provided and are easily accessible, (3) Disposal of Usable Open Space. That in accordnace I with the spirit and intent of this Chapter, wherever f r possible, usable open space is disposed of in such a 1 i way as to insure the safety and welfare of residents, (4) Arrangement of Buildings. That adequate provision has been made for light, air, access and privacy in the j arrangement of the buildings to each other. Each • i dwelling unit shall have a minimum of one (1) exterior exposure. Laundry facilities, including washing machines and clothes dryers shall be available on the premises for use by all occupants of the premises. f Exterior clothes lines shall not be permitted. f�1 (5) Pruner Landscaping. That the proposed site is properly P P p perly , landscaped, the purpose of which is to further enhance 1 the natural qualities of the land, As provided else- where in this section, proper screening and buffer zones may be required. - 60 - �N11. i (u) Sur;plci,,:nt:_rl Cr>ntrols. In rev inwing tI proposed site 1 plan for one or more imilti-family structures, the Building Official shall be guided by the foilo:ring reriul at ions : i ' i a. Max iiaum Dimension. The maximum dimension of any structure or group of attached structures shall i not exceed one hundred fifty (150) feet; pro- vided, however, that where not more than four (4) r dwelling units per story are contained along the 111' i building face having the maximum dimension, said i dimension nay be increased to not more than one hundred seventy-five (175) feet, A building group f I may not be so arranged as to be inaccessible by l I r emergency vehicles, j b, Distance Between Buildings. The distance between 9 buildings shall be no less than forty feet (40) i j or the distance obtained by using the following l i T formula, whichever is greater. j 1 I S --- La + Lb + Ha = Hb i 6 I S= Distance between buildings. i La = Length of Projection of Building B on Building A i Lb = Length of Projection of Building A on Building B I Ha = Height of Building A f 1 Fib = Height of Building B I r 1 This distance shall apply to the front, rear and I i side of any buildings within the site development plan. (See Attachment Four for illustration of the application of the above formula) , c. Distance Between Buildings and Driveways. P No driveway or parking lot shall be closer than j twenty-five (25) feet to the front of any build- r ing nor ten (10) feet to the side or rear of any building except in the case where the story at ground level is either a basement or a story desi ,;ned ani us!ri for oth-2r than resid!,ntial i occu;)ancy. i i In tic case of an enclosed garag;: or carport I provided as a portion to the main structure, dis- � i tance requirements for driv&,-iays providing access to these acconmodat ions shall not apply. I d, Recreation Snace. 'There shall be provided on J the site of such development an area or areas I devoted to the joint recreational use of the , residents thereof, of which at least fifty (50) per cent of the area shall be located outside the residential structure(s) in other than a i = front yard and of which at least twenty-five (25) i r percent shall be unpaved and in natural cover. k > j Such recreational space shall consist of not less j r than four hundred (400) square feet of space per dwelling unit. Each recreation space shall be 1 i developed with passive and active recreation j I facilities. e. Off-Street Parking Spaces. There shall be provided j on the site of such development an area or areas # i! devoted to the storage of automobiles. The number , S j and their provisions shall be provided for as required by Section 6.21. i 6.54 ACCESSORY COMMERCIAL USES IN A HOTEL. Accessory commercial uses E designed primarily but not necessarily exclusively for the con- venience of hotel guests or residents may be permitted within i hotels in R-M(1) or R-M(2) Districts as Special Exception uses, i provided that the City Commission shall make the follorqing findings: (1) That the proposed special exception uses are in conformance with the provisions of Section 6.40 of this Chapter. (2) That the proposed special exception uses are and shall be located entirely within the principal building with no outside entrances thereto, and there shall be no exterior or4oxternal advertising of such use or uses. - 62 Qk) tJv ._ev Ju i i (3) fhat the proposed special exception uses are per- mitted uses within the C-1 Ccmmercial District. (4) That the proposed special exception uses do not eccupy more than fifteen (15) per cent of the total I floor area of the principal building provided fur- ther, however, that accessory commercial uses legally in existence at the tina of passage of this Chapter I I within hotels located in R-M(1) or R-M(2) Districts I which occupy more than fifteen percent of the total i floor area may continue, but shall not be expanded or in any way occupy more floor space than occupied f{� at the tine of passage of this Chapter, i (5) That the proposed special exception uses meet all i other requirements of this Chapter, including but i not limited to Section 6,21 _Off-Street Parkin f 6.55 COMMERCIAL BUILDINGS C-1 DISTRICT, ! (a) fite_ Plan Specifications. Application for commercial buildings shall require the submission of a site develop- ment plan showing all structures, roadways, pathways, i parking areas, utility and exterior lighting installations, landscaping on the site, and all existing structures and usages within one hundred (100) feet of the site boundaries. r f No certificate of occupancy shall be issued for any such building or buildings, unless all facilities included in 1 the site plan have been provided in accordance therewith, i j Before approving the site plan, the Building Official shall i make findings with respect to the following: (1) Traffic Access. All proposed site traffic access ways are adequate but not excessive in number, iadequate in grade, width, alignment and visibility, and not located too near street corners, entrances to schools or places of public assembly, an other her Similar considerations I �NW 1 (2) Ci_rc,ul_,tinn nn_I Parrinq. That th,� interior circa- .._ _ Iation system is adequote and thtiC all req.iin d iparking sp-ces are easily ace Bible. (3) Lnnc!scaning. That ten (JO) per cent oi` the site area is landscaped, on the ground level. I (4) Sup nleme rtal Controls. In revic,iing the proposed site plan for one or more commercial buildings, the Building Offic;al shall be guided by the follow- ing regulations: a, Maximum Dimension, The maximum dimension of 14 any structure or group of attached structures shall not exceed one hundred fifty (150) feet. 1 � {{ b, Distance Between Buildings. The side of any building shall be no closer to the side, front or rear of any other building than j y I twenty (20) feet. } 6,60 MISCELLANEOUS USES. ` 6.61 STANDS AND OpE?I COUNTERS FOR FEEDIDIG, DRINKING AND THE LIKE, No stands or open counters for feeding, drinking or other pur- poses shall be erected or permitted anywhere in the City unless i the same be within a building; provided, however, stands or open I counters for feeding, drinking or other purposes may be erected or permitted in commercial districts in those places,and under 1 such condition, as in the opinion of the City Commission would 1 �i not adversely affect the safety, morals, health or general i 1 welfare of the City. No such place shall be operated except upon permit granted by the City Commission after written application. 6.62 CfIURCHES ACADEMIC SCHOOLS AND PRIVATE CLUBS. Applications I s .and private clubs, either as for churches, academic school ia special exception use or as a permitted use shall require the I submission of a site development plan showing all structures, roadways, pathwalks, parking areas, recreation areas, utility I and exterior lighting installations and landscaping on the site, 1 64 r ILL i r 1 � l nq structures anJ u:;es riithin Cr.ro hrrnare�lLp0) r ( feet of the site boundaries, and any other elcment:s as may ba dcerned s oil tial b� y the 1311iIding Official . The following regruIlttior-Is shall f bo atilt%ed as guidelines in reviewing the proposed dove Iopr:rent, I i (1) Site_Sr_e• Fl minimum Site size of twenty thousand (20,000) square feet exists with a minimum lot width of one hundred I i000) feet, i (2) Lot yard and [lull:, Such development shall not exceed the I least restrictive covenants of the schedule of lot, yard and bull; regulations for the appropriate District. i (3) Traffic•c�ss All proposed site traffic access ways are adequate, but not excessive in number, adequate in width, l alignment and visibility and so located so as not to be a detriment to surrounding properties, (h) Circulation and Parking. The interior circulation system t is adequate to serve the needs of the development and that I all required parking is provided and easily accessible, f (5) Proper Landscaoina, The proposed site is properly landscaped G the purpose of which is to further enhance the natural ! qualities of the land, As provided elsewhere in this S I ection, proper screening and buffer zones may be required, r I j I r I I i I i I II i i 1 • - 65 - ! ARTICLE 7 PLA?lil c i) MIT DEVELOPNEff i 7, 10 PUIW.W;_ The purpose of Planned Unit Development Regulations is to encourage flexibility in the design and development of land in order to pro- note its r:,ost appropriate use; to facilitate the adequate and i i economical provision of streets, utilities and public spaces; and i Ii to preserve the natural and scenic qualities of open areas. i i The procedure is intended to permit diversification in the location of structures and improve circulation facilities and other site quelities while ensuring adequate standards relating to public health, safety and welfare and morals both in the use and occupancy 1 of buildings and facilities in planned groups. j 1 1 7.20 APPROVAL a ) use, shall be Subject Planned Unit Developments, when a permitted_ �ect to ! the approval of the City Commission after a review and report by the ! r 1 I Pla,inii;g & Loniog Board anJ after a public hearing is field by the City 1 � 7 Co;;iiission in accordance with law. i f i I JF Planned Unit Developments, when a special exception use, shall be S r subject to the approval of the City Commission review and report by the Planning € 7oning Board and after a public hearing is held by the City ! Commission in accordance with law. The review by the Planning & Zoning Board shall be to make findings pursuant to Article 6.40 and other applicable sections of this Ordinance and to make recommendations i thereon. I 7.30 PROCEDURE i 7.31 TENTATIVE APPROVAL. In order to provide an expeditious method for processing a plan for a Planned Unit Development, under the terns of the Ordinance, it is hereby declared to be in the public ' interest that all procedures with respect to the approval or 3 disapproval of a plan for a Planned Unit Development, and the i continuing administration thereof, shall be consistent with I 1 the following provisions: �. (a) An application for tentative approval of the plan for a I Planned Unit Development shall be filed by or on behalf of - 66 - f r t:hc I:ando..n':I with the' bwrildinq official , (I�) The i4>llo.ainq inforimation ;hill be submitted arith Che application: I (1) The location an size of the site and the na, ure I of the lando mer's interest in the land proposed I to be developed, i j (2) The density of land use to be allocated to parts of i the site to be. developed. (3) The location and size of any common open space and t the form of organization proposed to own and maintain i i i any common open space; I (4) The use and the approximate height, bull< and i l location of buildings and other structures; I i j (5) The feasibility of proposals for the disposition of i sanitary waste and storm water; (6) The substance of covenants, grants of easements t and other restrictions proposed to be imposed upon i the use of the land, buildings and structures includ- ing proposed easements or grants for public utilities; 1 r (7) The provisions for parking of vehicles and the loca- tion and width of proposed 1 streets and public ways� (8) The required modifications in the City Land Use i regulations otherwise applicable to the subject property, and j (9) In the case of plans which call for developnent over i a period of years, a schedule showing the proposed I times within which application for final approval of all sections of the Planned Unit Development are intended to be filed, (c) The application for tentative approval of a Planned Unit j j Development shall include a written statement by the land owner or any other entity having a cognizable interest in the land, setting forth the reasons why, in his opinion, a Planned Unit Development would be in the public interest and would be consistent with the City-, statement of purposes on Planned Unit Development. i I - 67 - �N j��?tl�'� Pr�4�•d� `Gl bni� aY 3nw ':,6. w i'r::. _.. :. ..'::: .... .. _...:.. .....A.. '. I 7 :?? (:.. HAft! :I S. ii;i hr•:arinUs sbt I be held nn any application for a Plan11,,-,J t!niC Development,e%cant during the public hearing i prrind which shall be in the months of liovember, December, January, re',r.:ary and I';rch. An application for a Plonned Ur.it Develop:�ent I :;h::il be filed only durir.<7 the months of April , May, June, July, 1u.lust, September and Octoher. A public hearing on the Planned Jni: Development application shall then be held by the City C.-,i ;r;ission, public notice of %ghich hearing shall be given in acr_c;rdance with law" i A transcript of the hearing shall be caused to be made by the j j City Commission, copies of which shall be made available at cost to any party to the proceedings , and all exhibits accepted f in evidence shall be identified and duly preserved, or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record. 'rhe Planning L Zoning jBoard shall report on the proposed Planned Unit Development not less than � ' fifteen (15) days before the public hearing and the report shall be 1 !. available for public inspection during reasonable hours. 7.33 Tile FINDINGS. City Commission shall , within sixty (60) days folIowing the conclusion of the public hearing by written resolu- tion either (1) grant tentative approval of the plan as submitted, •• i (2) grant tentative approval subject to specified conditions not { }} included in the plan as submitted, or (3) deny tentative approval f 1 to the plan. Failure of the City Commission to so act within f said period shall be deemed to be a grant of tentative approval I of the plan as submitted. I (a) In the event tentative approval is granted, other than i by lapse of time, either of the plan as submitted or of the I plan with conditions, the City Commission shall , as part i of its resolution, specify the drawings, specifications and j I 1 form of performance bond that shall accompany an application jfor final approval . (b) In the event tentative approval is granted subject to conditions , the landowner shall if he finds such conditions � 1 1 Lo be unor-c�•nta�blt-, within for Cy-five (n5) day n`tcr rer.eiving a copy or th2 r;rittOn resol(It ion or the City Coini.li';Sloe, notify thy; City Co;nmissi' j on or his to rcfu:-;1 accept said condition;, } (c) In the event the landowner refuses to accept all soil con- ditions the City Commission shall be deemed to have denied i i tentative approval of the plan. i (d) In the event the landowner does not, within said period, notify the City Commission of his acceptance of or his 1 refusal to accept all said conditions, tentative approval i of the plan, with all said conditions, shall stand as i ' granted. i F Nothing contained herein shall prevent the City Commission and J the landowner from mutually agreeing to a change in such conditions, f and the City Commission may, at the request of the landowner, extend the time during which the landowner shall notify the City f i Commission of his acceptance or refusal to accept the conditions, i l The grant or denial of tentative approval by written resolution shall include not only conclusions but also findings of fact i related to the specific proposal and shall set forth the reasons f for the grant, with or without conditions ' or for the denial, and said resolution shall set forth with particularity in which respects i � t the plan would or would not be in the public interest including ' but not limited to findings of fact and conclusions on the following; (1) In what respects the plan is or is not consistent with the purpose of a Planned Unit Development, as expressed i in Section 7. 10 of Article 7, (2) The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to i the subject property, including but not limited to density, bulk and use, and the reasons why such i departures are not deemed to be in the public interests; l (3) The purpose, location and amount of the common open space in the Planned Unit Development, the reliability t--' i S t i h - 69 - i r o` th,, �.�ropns�ls for maintenanc^. and conservation of co�:uzon open space, and the adequacy or int:dequacy of the MnoUnt and purpu_e of the corrnon open space as I related to thc: proposed density and type of develop- men t (4) The physical design of the plan and the manner in which said design does or does not make adequate provisions for water, se.,rer and ether public services, provide i I adequate control, over vehicular traffic and further the ' I i � amenities of light and air, recreation and visual , i enjoyment; (5) The relationship, beneficial or adverse, of the pro- f i i posed Planned Unit Development to the neighborhood in which it is proposed to be established; and i i (6) In the case of a plan which proposes development over R I a period of years, the sufficiency of the terms and conditions intended to protect the interest of the i I public and of the residents and owners of the Planned Unit Development in the integrity of the plan, i In the event a plan is granted tentative approval , with or without conditions , the City Commission shall set forth in the written resolution the time within which an application for final approval I ; a l of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within ! r I which applications for final approval of each part thereof shall I i be filed. The time so established between grant of tentative i I. t approval and application for final approval shall not be less than three (3) months and, in the case of developments over a r r period of years, the time between applications for final approval of each part of a plan shall be not less than six (6) months; f ' provided nothing herein contained shall be construed to limit a landowner from the presentation of any application for final approval earlier than the time period hereinabove set forth. 7.34 S`fATUS OF PLAN AFTER TENTATIVE APPROVAL, Within five (5) working days after the adoption of the written resolution provided for - 70 - f� i sl..,lI h-. filed in his office, anJ a certified copy shell ire nailed to the lando,.iner. Where tentative approval has been i gamed, the same shall be noted on the zoning wap maintained in t'h_: Office of the City Clerk, i i Tentative approval of a plan shall not qualify a plat of the Planned Unit Development for recording or authorize develop- went or issue any building permit's. A Plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner I (and provided that the landowner has not defaulted nor violated i any of the conditions of the tentative approval) , shall not be modified, revoked or othendise impaired by action of the City pending an application or applications for final approval , without the consent of the landowner, provided an application for final approval is filed or, in the case of development over a I > period of years, provided applications are filed, within the Y i periods of time specified in the resolution granting tentative approval . i i In the event: that a plan is given tentative approval and there- after, but prior to final approval , the landowner shall elect 1 to abandon part or all of said plan and shall so notify the City a Commission in writing, or in the event the landowner shall fail I t to file application or applications for final approval within the I required period of time or times, as the case may be, the (f tentative approval shall be deemed to be revoked and all that I portion of the area included in the plan for which final approval has not been given shall be subject to this Chapter applicable thereto, as they may be amended from time to time, and the same shall be noted on the zoning map in the office of the City Clerk and in the records of the City Clerk. I 7.35 APPLICATION FOR FINAL APPROVAL. An application for final approval I may be for all the land included in a plan or, to the extent set I forth in the tentative approval , for a section thereof. Said � application shall be made to the building official . The I 1 c i nn ,licc;tio;; slrrll includ>: suc cations , rovr.n- arts , ea•�cc:•�ntc, col cli'iions and form of performance bond as mere i set forth by rrittrn resolution of the City Cowrlls;ion at tir.: time i j of tentative approval . A public hearing on an application for I final approv 1 of the plan, or part thereof, shall not be re- I quired, provided tho plan, or tiie part thereof submitted for i final approval , is in compliance with the plan theretofore given i , I tentative approval . 1 j li tdiien th= application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the resolution of tentative approval , i I 1 the City Commission shall , within forty-five (45) days of such j filing, grant such plan final approval ; provided, however, that in the event the plan as submitted contains variations from the plan given tentative approval , the City Commission may after a meeting with the landowner, refuse to grant final approval and I 1 i shall , within forty-five (45) days from the filing of application i for final approval , so advise the landowner in writing of said s 1 refusal , setting forth in said notice the reasons why one or more 4 f y of said variations are. not in the public interest. { i In the event of said refusal , the landowner may: C (1) File his application for final approval without the var- iations objected to by the City Commission on or before the � { i last day of the time within which he was authorized by the i l j resolution granting tentative approval to file for final €j approval , or within thirty (30) days from the date he received 1 notice of siad refusal , whichever date shall last occur; or i (2) Treat the refusal as a denial of final approval. (3) File a written request with the City Commission that it i hold a public hearing on his application for final approval, ! Any such public hearing shall follow the procedure for tentative approval and shall be held during the next annual public hearing period starting with December. r� 12 _ c I n fiu-ty- five i45) days after the Conclusion of 'rhe hearing, t:hr. City Commission shall by resolution either grant final approval 1 to the plan or deny final approval to the plan. The grant or 'anlal of final approval of tha plan shall , in cases arising under i this paragraph, be in the form and contain the findings required i j for a resolution on an application for tentative approval set forth i in Section 7,32 of this Chapter. . i A plan or any part thereof which has been given final approval by the City Commission shall be so certified without delay by the City Clerk and a record plat may be filed on record forthwith in I d the office of the County Clerk in accordance with Chapter 177 of i 1 State Statutes before any development shall take place in actor- dance therewith. Upon the filing on record of the plan all other f! ordinances and subdivision regulations otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion within five (S) years of said planned unit development 1 I for of that part thereof, as the case may be, that has been finally r � 1 approved, no modification of the provisions of said plan, or part thereof, as finally approved, shall be made nor shall it be im- paired by act of the City, except with the consent of the landowner. i i In the event that a plan, or a section thereof, is given final I i approval and thereafter the landowner shall fail to commence the f planned unit development within eighteen (18) months such final Y i approval shall terminate and be deemed null and void unless such E time period is extended by the City upon written request of the landowner, i i The Building Official shall notify permit holder of the termination f I of the permit and the permit holder shall have the right of appeal to i the City Commission. 7.40 REGULATIONS GOVERNING PLANNED UNIT DEVELOPMENTS. 7,41 PLANNED UNIT DEVELOPMENT AS A PERMITTED USE. Planned Unit Developments arc a permitted use within PUD-A Districts and PUD-9 Districts as indicated i on the "amended zoning map of the City of Dania. Florida" adopted by references and made a part of this chapter, 73 F- 12 r^,£Gt'L:',l'i i_i7':'_?`JI !I, P=RHIT'fE!) US PUi6NED Uil!T DEVELOPi",eNTS, Wht:n f i dev--lopei as a permitted use within PUD-A Districts or PUD-8 Districts , i Planned Unit Developments shall conform to tha folicaving regulations, ! i other pertinent suctions of this chapter, and the principles set forth in the Comprehensive Plan of the City of Dania, Florida. 1 I 7.421 NIl11MUM ARE: . Minimum area requirements for Permitted Use Planned Unit Developments are as follows : j ; FLID-A - Mi;;ed Use District - 40 contiguous acres undivided by any public right-of-way or casement. f PUS-B - Residential Mix District - 15 contiguous acres undivided by any public right-of-way or easement. !� 7.422 OPEN SPACE. In Permitted Use Planned Unit Developments in both 1 PUD-A Districts and PUD-B Districts, not less than fifteen (is) ; j percent of the planned unit site areas shall be developed as common open space; vehicle access facilities and parking areas shall not be considered in calculating such common open space. ! In no event , however, shall the lot coverage of all structures I located within a planned unit development site exceed 35% of the gross area included within such planned unit development site. 9 7.423 RESIDENTIAL DENSITY. Residential densities in Permitted Use Planned Unit Developments shall be as follows: 1 a PUD-A - Ten (10) units per acre. 1 j i i PUD-B - Ten (10) units per acre. t 1 7.424 DENSITIES BORDERING ESTATE DISTRICTS. Where a Permitted Use Planned Unit Development adjoins (adjoin being defined as having f a common property line or being separated by a public right-of-way I on easement of 150 feet or less) a RS-18000 Estate Residential f District, residential densities within the Planned Unit Develop- . i ment shall not exceed six (o) units per acre within five hundred I (500) feet of said RS-18000 District and the height of structures within ! Five hundred (500) feet of said RS-18000 District shall not exceed two (2) stories or twenty-five (25) feet. When such restrictions are, imposed on Permitted Use Planned Unit Developments , densities may be increased in the remainder of the development site in order that the gross density of the development may equal but not exceed 1 the maximum density stipulated in Section 7.423 of this Chapter. I I - 74 1ti 4 1 1 7.4:_I• f ; ;!IrriU 1_i 11) USLS,_ follo.ting uses shall he parriiCteci in Planned Unit Uevelc;� r- nts : PUD-A - (1) Any use permitted in the R-110) Moderate: Density 3 i , hosldential DistricL, provided, however, th_rt the waximu,n densil:y i or the Planned Unit Development shall he governed by Section 7.423 of this Chapter. (2) Any use permitted in the C- 1 , Commercial District provided, however, that commercial development within I the Planned Unit Development shall , in no case, occupy more than twenty (20) percent of the gross area of the Planned Unit Devel- 1 opment. For the purpose of calculating gross density, as set forth in Section 7.423, the land use measurements indicated in the table in Section 7.435 shall be equivalent to a dwelling unit as defined. i PUD-D - Any use permitted in the R-M, Medium Density District, provided, however, that the maximum density for the Planned l Unit Development shall be governed by Section 7.423 of this chapter. I ' Newsstands, dining rooms and personal service uses for the con- { r venience of residents shall be permitted in such district, provided, however, that no exterior or external advertising of such facil- ities shall be permitted, i 1 i 7.43 PLANNED UNIT DEVELOPMENTS AS SPECIAL FXCE MONS. j i 7.431 ESTABLISHMENT OF SPECIAL EXCEPTION PLANNED UNIT DEVELOPMENTS. i 1 The following Special Exception Planned Unit Development Districts i ; are hereby established and shall be subject to all applicable requirements of this Article and of the district in which they are located, ! PUD-1 - single-family development PUD-2 - residential-mix development PUD-3 - mixed use development f7.432 APPLICATION OF DISTRICTS. Planned Unit Developments as estab- I fished by this Article may be permitted as special exceptions only in specifically designed Districts as follows: PUD-1 - single family development - permitted only in portions of RS-8001 districts which are in close proximity to intensive devel- opments in R-M, R-M(I) or R-M(2) districts. i - 75 - I j 1 I I i i I I r':;; ia :,itial c,i;: devalopm. nL purmittad only in P,-f,, � (1) or R-M(2) nisLricts. i Pill)-3 - miand use devalopment - permitted only in R-M, R-M(1) j i and R-M(2) districts. i 7,433 MIil!= AREA REOUIREMEMTS. Minimum area requirements for Special Exception Planned Unit Developments are as Follows: PUK I - Single-Family Development - 1 contiguous acre un- divided I divided by any public I right-of-way or easement I ` PUD-2 - Residential-Mix Development - 10 contiguous acres un- divided by any public right-of-way or easement i PUD-3 - Mixed Use District - 20 contiguous acres un- divided by any public right-of-gray or easement 7.434 RESIDENTIAL DENSITY If! PLAPIPIED UNIT DEVELOPMENTS. Residential i dcnsitios in Special Exception Planned Unit Developments per- . i mitted under the provisions of this Article shall be as follows: I I PUD DISTRICT USE DISTRICT MAXIMUM DENSITY PERMITTED UNDER PUD-, PUD-1 R-D 6 Units per acre PUD-2 R-M 13 Units per acre'^ 4 i R-D(1) 24 Units per acre*, 1 , PUD-3 R-M is Units per acre0'1 R-M(I) 24 Units per acre-•-^ j R-M(2) 30 Units per acre* i 7.435 AREAS OF RESTRICTED DENSITY. Whenever PUD-2 or PUD-3 Planned t •., Unit Developments are permitted the following density restriction I shall apply. f i i Where the proposed Planned Unit Development adjoins (adjoin being i defined as having a common property line or being separated by a c I public right-of-way of 150 feet or Iess) a RS- 13000 or RS-8000 district, i residential densities within the Planned Unit Development shall f not exceed six (6) units per acre within 500 feet of said RS-13000 or i RS-8CU0distric!sand the height of structures within 500 feet of said i j PS-12.000 or RS-SO DO districts shall not exceed two (2) stories or J toonty-five (25) feet. See Section 7,436 for conversion of non-residential uses to equivalent dweiling unit amounts for the purpose of calculating gross density. 0"Se: Sectioo 7.435 for special provisions covering densities in those, portions of the Planned Unit Developm nt Site adjoining lower-density Residential Districts, y . I o I i n -.tlicti<,nr, arc ir,o•roa on Plann,,, l!nit D c;clol,l:ents f !:.;1s i t i tc5 nay 1) i ncrcascd i n th renwi nder or Che rli:vo lop;;ent I order that t11 gross cD.nsity of the (1 0, 'uent Ill.-IV crival but nvC execuc' the I:,axinnl;n densities stipulated in Se ction 7. 1123 of j this Chapter. 11hon such density restrictions arc imposed on Planned Unit Devel- opu;ents adjoining IS-1`''''? or Fls=£1000 districts, the height limit on the fi I 1 portion of the e <levalcpmant ovr 500 feet froia said RS-I.;000 or Rs-'000 Ili I District may ba increased but shall not exceed six stories or 75 feet. 7,436 PERMITTED LAND USE The following uses shall be permitted in 1 1 Planned Unit Developments. ;I � ' 1 PUD-1 Any use permitted in the RS - ^13000 ands lnte Residential Or RS-BC,00 Lol Density Residential District provided, ! I jhowaver, that such uses are grouped in cluster dev;;topment in accordance with the provisions of Section 7.44 of this Chapter. } ! 'I'ovanhouses, subject to applicable requirement in Section 60.50 of this Chapter. PUD-2 Any use permitted in the R-M Medium Density s ews Stands, dining rooms Residential District. N and personal service uses for the convenience of � r residents shall be permitted in such district, provided, however, that no exterior or external 9 advertising of such facilities shall be permitted nor i shall the gross floor area devoted to such uses exceed ten percent (10) of the gross ground floor area of buildings included within the Planned Unit Development. PUD-3 Any use permitted in the R-M(1) , Moderate Density f iResidential District. I ! 1 In PUD-3 developments containing one hundred (100) or mare res- i j iclential dwelling units, coalmercial uses permitted in the C-1 Commercial District , may be permitted provided, however, that any j gg - 77 _ iol ri,;, ,:1 .•it in the Phoned Unit Devc:lo�,^o;it slioll trunk on a ❑Nor thnroughfaro and further provided that: such i nn.y rcial development , including its rcqui rcd parking ar'uo, i shall not occupy more than twenty (20) percent of the gr•o r: i Floor area of the Planned Unit Devclopxent. For the purpose of calculating gross density, as set fortis in Section 7.423, the following land use measurements shall be equivalent to a dwelling unit as defined. LAND USE TYPE UNIT OF EQUIVALENCE TO j MEASUREMENT ONE DWELLING UNIT _ OF GROSS DENSITY HOTELS, MOTELS OR SIMILAR PLACES OF NUMBER OF TWO (2) 1 TRANSIENT OCCUPATION BEDROOMS BEDROOMS PRINCIPAL COMMERCIAL TOTAL FLOOR SEVEN HUNDRED FIFTY (750) j USES AREA SQUARE FEET a..4 1 I F ACCESSORY 'TOTAL FLOOR FIFTEEN HUNDRED COMMERCIAL USES AREA (1500) SQUARE FEET i I f i i ALL OTHER NON- TOTAL FLOOR ONE THOUSAND (1000) SQUARE -- j RESIDENTIAL FLOOR AREA FEET I i SPACES L i f 7.437 OPEN SPACE. A minimum of fifteen (15) percent of a planned unit site ' I t area shall be developed as common open space. Parking areas and vehicle access facilities shall not be considered in calculating such common open space. In no event, however, shall the lot coverage of all structures located within a planned unit development Isite exceed 351 of the gross area included within such planned unit � j development site. Ill 1 I - 78 - C�N� r In ord:n- to n�r„n���• t.h , h ::�1Lh rn ( ne:n„r-;:1 f ;:Ifarc i of tier: c 'nuni ty and to presarve a;i.:! rr+ke avai 1-,`%le o?cvi space, thr, i Cit ,r Cnrri;sion i,ay yranf if ;lavelzp,>,r ch, ri'_;i;i to vary tix: net si nCi:!I density arithin tract to be devalued, leaving a substantial aret: free of LuiIding lots. The right to vary thj net density shall he subject to the folicr,wirig conditions: (a) .fin overall plan of the entire tract s how ifig lots , }ot lines, lot areas , easements, encumbrances and other relevant data shall be submitted. (b) The average lot size may be reduced by more than twenty-five (25) percent, The uses in the proposed subdivision shall be grouped f in Clusters. (c) Minimum yard requirements in a cluster development shall be: i I( (1) Front yard twenty-five (25) feet. (2) Side yard ten feet (lo) feet (except that garages or car- r I ports upon an adjacent lot may join at the property line ' i t or be grouped on land away from the individual lot) , i (3) Rear yard twenty-five (25) feet, t l (d) The balance of the land not contained in the lots or within the j j road rights-of-way shall be contiguous and of such condition, P I i size and shape as to he usable for recreation. Such land shall i be contiguous and of such condition, size and shape as to be 1 usable for recreation. Such land shall be held in corporate owner- 4 ship by the owners of lots within the development and shall i i incorporate into the deeds a clause giving to the owners an in- I terest in such open land which shall be used for recreation purposes only. No structures except those incidental to the recreational use shall be permitted thereon. 7.50 STANDARDS FOR REVIEWING PLANNED UNIT DEVELOPMENTS, The City Commission i i shall approve the Planned Unit Development only if it finds that the Planned Unit Development satisfies all of the following standards: , 7.51 GENERAL STANDARDS- (a) The Planned Unit Development shall be consistent with the regulations governing Planned Unit Developments as set forth within Section 7,40. - 79 - j � t I (_,l lh : I'iu:�a l llniC nt. Plnn si;nll h_ eonsi ;tent. �;ith I th:: D;vii�i Co:aprehen;ivc I'Inn. I (c) The Planned Unil. Ur!vclopm?nt shall provide for an efi--:ctive and unified tr - Un •it of the develoo:,ent possibilities on the project site leaking appropriate provision for the pre- nervation of scenic futures and amenities of thr, site and i the surrounding areas. (d) The Planned Unit Development shall ba planned and developed to harmonize with any existing or proposer) development in i the area surrounding the project site. ' i 7.52 DESIGN STANDARDS. 1 ( All buildings in the layout and design shall be an integral �c) 9 Y g � f part of the development and have convenient access to and I from adjacent uses and blocks. i 1 (b) Individual buildings shall be related to each other in ! design, masses ,materials, placement and connections to ; provide a visually and physically integrated development. s . I (c:) Treatment of the sides and rear of all buildings within the i i Planned Unit Development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings. (d) The design of buildings and the parking facilities shall take advantage of the natural features, topography of the j project site, where appropriate. ? (e) All building walls shall be so oriented as to insure adequate light and air exposures to the room within. i i (f) All buildings shall be arranged so as to avoid undue ex- posure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve 1 visual and audible privacy between adjacent buildings. 1 `# I (g) All buildings shall be arranged so as to be accessible to 1 9 � emergency vehicles. 1 , i I (a) Land: cap- treatment for plazas, roarls, paths, service and � I park in,_i area; shall b;- designed as an integral part of a i coordinated landscape design for the entire project area, ' I (b) Primary landscape treatment shall consist of shrubs, ground i i cover, and street trees, and shall combine with appropriate Walks and street surfaces to provide an attractive develop- 1 ment pattern. Landscape materials selected should be I appropriate to local growing conditions. I I (c) Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan, j (d) All streets bordering the project area shall be planted at F appropriate intervals with street trees, } i I 7.54 CIRCULATION SYSTE14 DESIGN STANDARDS. I (a) There shall be an adequate, safe and convenient arrangement f l t of pedestrian circulation facilities, roadways, driveways, 4 off-street parking and loading space. (b) Roads, pedestrian walks and open space shall be designed � I ps integral parts of an overall site design. . They shall be I F { properly related to existing and proposed buildings and a appropriately landscaped, (c) Buildings and vehicular circulation open spaces shall be 1 > a arranged so that pedestrains moving between buildings are t not unnecessarily exposed to vehicular traffic. I � (d) Landscaped, paved and comfortably graded pedestrian walks i f shall be provided along the lines of the most intense t. r r use, particularly from building. entrances to streets, parking f r !. areas and adjacent buildings. (e) Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc. , shall be of good f f appearance, easily rnainta;ned and indicative of their EI i I function, I I i - 81 - !J i ', t_I QG-=--,_, I_OAI I HK DES I (a) Parking facilities shall ho landscap d and screened from public vW to the extent necessary to eliminate unsigbt.. lincss and monotony of park& cars. I (b) Pedestrian connections between areas and buildings shall f, be via special pedestrian wo lkways and/or elevators, ; (c) Parking facilities shall be designed with careful regard i to orderly arrangement, landscaping, ease of access, and I shall be developed as an integral part of an overall site i design, j i (d) Any above-grade loading facility should be screened from Public view to the extent necessary to eliminate unsight- liness. { i (a) Parking and loading facilities shall be provided in i accordance with Sections 6.21 and 6.22. i I I 1 I i I 1 i 1 i 1 I I i 1 l i l r l 1 1 I i I � I j i i i 1 1 i 77� f i 82 _ ARTICLE 8 NONCONFORMITIES 3. 10 CC`M'IUATION OF USE, i A u;e, building or structure, lawfully in existence at the effective data of this Chapter, which shall be made nonconforming at the pass- age of this Chapter or any applicable amendment thereto may be con- . i tinned except as otherwise provided in this Article. i 1 I A use, building or structure is, for the purposes of this Chapter, a nonconforming use if the use, or building, or any physical charac- teristics of said use or building, is not in full compliance with i i all regulations of the zoning district in which it is situated. i 8.20 REGULATION OF NONCONFORMING USES AND STRUCTURES, No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally I, altered except when changed to a conforming use, cr when required to do so by law and as follows: ' 8,21 RESTORATION, Any non-conforming structure which has less than seventy-five (75) percent of its previous existing floor area made unsafe or unusable nay be restored, reconstructed or used � I as before, provided that the floor area of such use, building or j structure shall not exceed the floor area which existed prior $ I 1 to such damage. All repairs shall be completed within one (1) 1 { year after damages occur or such use shall not be rebuilt except as a conforming use. I 8,22 REPAIRS, Normal maintenance repair and incidental alteration of � r a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the i t nonconforming use. A building or other structure containing 4 i � residential nonconforming uses may be altered in any way to improve interior livability. Provided, however, that no structural alterations shall be made which would increase the number of dwelling units. 1 83 - 1 t F7 I: .:.ICL T f I f f 0,31 .;.,�\�l70}II:,-III . A nonconforming uv,•,�. not uscc. for a perina nr jone (1) year and/or tho charge of use to a more restrictud or conforming use for :any period of tide shall he considared an abandonment thereof and such nonconforming use shall not there- . after he revived, : 31 PARTIAL DESTRUCTION. When snventy-five (75) percent or more of i the existing floor area of a nonconforming structure or structure IlI occupied by a nonconforming use is destroyer) by fire or other E r i casualty or act of God and as a result becomes unsafe or unusable, I 1 the use of such structure as a nonconforming use shall thereafter r be terminated, i f i f i r jl i 1 i i i 1 I i I I j i fj I I 1 j 1 - 84 - NIJ i 1 j AITICLL !iJ;'I!;I:; IR:1'i lCil ;l?l ) ziir ORCEMErII j WFIQ ! I 1 The 3wilding Official in hereby given the d ty, paver and author- izatien to enforce the provisions of this Chapter, He shall „- I i all applications for permits , issua p ermlts for the construction, r { alteration, enlargement and occupancy of all uses which are in accor- dance :with requirements of this Chapter, The Building Official shall 3 also record and file all applications for permits with accompanying { plans and documents, and make such reports to the Zoning Board and/or i ! 1+ City Commission as may be required, l Building permits for a variance from the requirements of this Chapter ; and for such spacial exception uses as may be enumerated in this i Chapter shall be issued only upon written order of the City Commission. l ! 9,20 BUILDING PERMITS. i I I 9,21 PURPOSE, To insure compliance with the provisions of this E Chapter, no person shall erect, alter or convert any structure p ? or building, or part thereof, nor alter the use of any land, e until a building permit has been issued by the Building Official . � i 9,22 APPLICATION FOR PERMITS, All such applications shall be accompanied by two (2) sets of plans , drawn to the requirements contained in I I the Building Code of the City of Dania, i t , 9. 23 ISSUANCE OF PERMITS, It shall be the duty of the Building i I Official to issue a building permit, provided he is satisfied f that the structure, building, signs, parking areas, and the IIproposed use conform with all requirements of this Chapter, j and that all other reviews and actions, if any, called for in this Chapter have been complied with and all necessary approvals secured therefor. All building permits, after issuance, shall be kept conspicuously on the premises affected and protected from the weather whenever construction wort: is being performed thereon. No owner, con- � tractor, •iorknan or other person shall perform any building operatiors of any kind unlos•, a building permit covering such o;rrrnti n- 0A Wan displayed as required by this Chapter, nor ill Yh.�y perform building operations of any !:ind after m;titi- cation of the revocation of saicl building permit. 9.24 o '.NIAL OF PUMITS. when the Building Official is not satisfied that the applicant 's proposed development '•rill meet the require- 1 rr.ents of this Chapter, he shall refuse to issue a building permit and the applicant may appeal to the City Commission for a reversal of the Official 's decision. The Building Official Is refusal shall be written and state the reason for denial. 9.25 PVOCATION OF PERMITS. If it shall appear, at any time, to the Building Official that the application or accompanying plan is in any respect false or misleading, or that work is being done # upon the premises differing materially from that tailed for in i 1 the applications filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be I the duty of the person holding the same to surrender it and all copies thereof to the said Building Official . Notice of revocation j of construction and a copy hand delivered ;hall be posted upon the site 1 or sent by certified mail to the permit holder. 9 After the building permit has been revoked, the Building Official may, in his discretion, before issuing the new building permit, i jrequire the applicant to file an indemnity bond in favor of the City of Dania with sufficient surety conditioned for compliance ws and ordinances then in force and with this Chapter and all la P ` in a sum sufficient to cover the cost of removing the building I or structure if it does not so comply. 9.26 REFERENDUM AND INITITATIVE. After the filing of a petition for referendum or initiative, the Building Official shall not issue 1 a development permit that would be in conflict with the referendum or the initiative proposal if adopted, which restraint shall be in effect until the adoption, rejection, or other ter- mination of the referendum or initiative action. 1 j 9.30 CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or permit the use of any building or premises thereon hereafter created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the effect that the building or premises or part thereof and the proposed r N� - 95 - .,,, i u,c ,, •r-,& con orrn to ilea provisions of thi : L'napter 0i,311 have b?en issue' by the Building UFfic.ial . 9.40 FILING FEE. i Upon filing an appIic. tion for rezoning, special except inn uses or any i other matter requiring •a public hNaring, the applicant shall deposit with i the Building Official the sun of eighty-five ($35.Oo) dollars, together j with a sum suf ricient to pay publication costs of the notice required to be published. In addition to the above deposits, the Building Official 1 I � 1 may require the applicant to submit a traffic analysis or other impart 3 i i analysis or may charge the applicant a fee equal to the cost of such 11 analysis if the analysis is provided by the City of Dania. j 9. 50 LIABILITY. i Any officer or employee charged with the enforcement of this Ordinance, I acting for the City in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his I 1 duties. Any suit brought against any officer or employee because of � I such act performed by him in the enforcement of any provisions of this i Ordinance shall be defended by the City until final termination of the r j proceedings, j i i i i i i i i i I 1 j i 1 II 1 J` 87 I _ c � lFA1, I j I I I i ARTICLE 10 I APPEALS AND VARIANCES � 10. 10 PO'rJ G ; (GD DUfI THE CITY COMMISSION SHALL: j 10. 11 APPEALS. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made i I by an administrativo official in the enforcement of this Chapter, j J 10, 12 SITCIAL EXCEPTIONS, Hear and decide special exceptions, decide _ I I such question; as are involved indetermininy iF and then special i exceptions should be granted; and grant special exceptions with appropriate conditions and safegaurds or deny special exceptions when not in harmony with the prupose and intent of this Chapter. I In granting any special exception the City Commission shall find VI I that such grant will not adversely affect the public interest. .,. "` In granting any special ercepzion, the City Commission, in addition 3 to the standards enumerated in Section 6.40 of this Chapter, may i prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Chapter, The City Commission may prescribe a reasonable time limit within which the action for which the special exception is required shall be I begun or completed or both. 10, 13 VARIANCES, Authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest j where, owing to special conditions, a literal enforcement of the fir provisions of this Chapter will result in unnecessary and undue hardship. In order to authorize any variance from the terms of i this Chapter, the City Commission must and shall find: { (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and f which are peculiar to the land, structure or building in- volved and which arc not applicable to other lands, structures or buildings in the same zoning district, (b) That tha spacial conditions and circumstances do not result fro,- the octions of tht� �ioplicant ; (c; ihai granting; t,^:, vnrian rrqueste(I ill not cr)ifer on the applicant jany special privilege_ that is denied by this Chapter to other lands , I buildings or strueturi�s in this same .:oninq district; I (d) That literal interpr=tatian of tho provisions of this Chapter would i deprive the applicant or rights connonly enjoyed by other properti,.s t j in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant; (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. 3 1 (f) That the grant of the variance will be in harmony with the general intent and purpose of this Chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In granting any variance, the City Commission may prescribe appropriate i conditions and safeguards in conformity withthis Chapter. Violation of i such conditions and safeguards, when made a part of the terns under which J the variance is granted, shall be deemed a violation of this Chapter. f The City Commission may prescribe a reasonable time limit within which t i the action for which the variance is required shall be begun or completed i or both. Under no circumstances except as permitted above shall the City Commission grant a variance to permit a use not generally or by a.. special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this Chapter in the zoning district. No nonconforming use of neighboring lands, structures i i or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. i 10. 14 REFERRAL TO PLANNING AND ZONING BOARD I Each application for a special exception or variance shall be referred to i { the Planning & Zoning Board for such advisory comment as said Board deems j desirable. Such comments, if any, shall be delivered to the Building sOfficial prior to the meeting of the City Commission at which such special exception or variance shall be heard. 89 f • � I i i I j In ciarclslnj Its per-ar`•, tha CILy Cwaalsslo'l way, upna appeal , I , rov: iko or affirm, wholly or partly, or nay modify the order, require- manta Recision or d._tcrmination mad, by an adV ni:trativa official I in the onforeemant of this Chapter, and may cake any necessary order, i requirement, decision or determination, and to that end shell have i j all th ! powers of the officer from whom tha appeal is taken, The concurring vote by three-fifth (3/5) of all the members of the Com- mission shall be necessary to reverse any order, requirement, decision i i or determination of any such a m inistrative official or to decide in 1 favor of the applicant on any matter upon which the City Commission is requirad to pass under this Chapter. 10,30 APPEALS, Appeals to the City Commission may be taken by any person aggrieved or by any officer, board or bureau of the City affected by any decision l of an administrative official under any provision of this Chapter, or L by any person requesting a variance or special exception to the pro- visions of any provision of this Chapter, 10.31 STAYING OF !WORK ON PREHISES. An appeal to the City Commission stays all work on the premises and all proceedings in further- ance of the action appealed from, unless the official from whom the appeal was taken shall certify to the City Commission that, I by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed except by a restraining order which Imay be granted by the City Commission or by a Court of Record on application, on Notice to the officer from whom the appeal is taken and on due cause shown, i 10.32 HEARING PROCEDURE, Any person appealing any decision of an administrative official shall make such appeal within thirty I ' (30) days after rendition of the order, requirement, decision i or determination appealed from in writing to the City t i I I Commission and file the same, and ten (10) copies thereof, with i supporting facts and data with the building, official . This does not, however, restrict the filing of a request for a special ! + exception or variance by any person at any time except as pro- vided for elsewhere in this Chapter, Upon receipt of the appeal k 90 i i the following proc^dunes ;F:ali be underta!<en: I i (a) The building official shall forthwith examine such appeal or request application and endorse his racornmendation thereon together with all documents , plans , papers or other materials constituting the record upon which the action i i appealed from was taken, or in the case of a request for a i special exception or variance a report setting 9 forth his recommendations affecting the special exception or variance I 3 requested. 1 (b) Thereupon a copy of such application for appeal or request shall be mailed to either the owners of the property or, in i the case of a condominium or cooperative development, the I j Board of Directors thereof, of the property immediately i adjacent and within 300 feet thereto and across the street i therefrom at the address shown on the county tax records, together with the notice from the building official advising i 4 the time of the hearing on such application before the City i { Cornmi ss ion. r I, (c) The building official shall also cause to be published in a newspaper of general circulation in the City of Dania i a brief summary of such application and the date of the d hearing, directed "to all to whom it may concern"; such i notice to be published not less than fourteen (14) days before 9 the meeting of the City Commission to consider such appli- cation. The cost of such publication shall be borne by the ! applicant. (d) No application shall be heard less than fourteen (14) days after the publication of notice and the mailing to property owners i directly affected as herein provided, and all applications I will be heard at regular meetings of the City Commission t unless otherwise ordered by the Commission and in accor- dance with the provisions of Section 10. 10 and 10.20 of this Chapter. - 91 - GNU 1o. 33 ,';. IIf. {AI_ �._I1F,Oy V CIRCUIT COURT, Any person aggrieved by any JLaCi5ion of the City Commission on appeal within thirty (30) Boys from the rendition of such decision, may apply to the Circuit Court for the 17th Judicial Circuit for a review of such decision of the City Commission. j I I 92 i I 1 I I a I i i f j I i i I 'a ! Ip i i I i 1 1 i ,r I TICLF II I �ii1ENDMrHTS I I � 11. 10 "d1!%i.Y1c'7T5. The City Commission ,,)y from time to time on its cxan notion or on p tition, awend, supplement, change, modify or repeal the regulations, jrestrictions or district boundaries herein established. Any proposed a;r,andment , supplement, change, modification or repeal shall first be. 1 submitted to the Zoning Board for its recommendations and report, j If a roc orn=rrr!ation anJ report by the Planning & Zoning Board are not f made within thirty (30) days, the City Commission shall proceed to hold a public hearing without the report of the Planning & Zoning Board. 1 I 9j Upon the filing of the recommendations and report by the Planning & Zoning j i Board, the City Commission shall proceed to hold a public hearing in yj relation thereto, giving at least fourteen (14) days' notice of the f 9 tine and place of such hearing in a newspaper having a general circulation in the City, and by posting on the official Bulletin board of the City Hall. z In case of an adverse report by the Planning & Zoning Board, or if a protest against such proposed amendment , supplement, change, modification or repeal jshall be presented in writing to the City Clerk, duly signed and acknowledged 1 by the owners of twenty (20) percent or more, either of the area of the lots included in such proposed change or of those immediately adjacent in the area thereof extending three hundred (300) feet therefrom such amendment shall not become effective except by the favorable vote of three- fifths (3/5) of all the members of the City Commission. i 9 I i k r f I( I� I r - 93 - I i I nlirlcLE 12 1 INTERNU TATIOH, VALIDITY 12, 10 It_Ti:RI'ALTATIill). 12. 11 AS t111d111UM I;cUUIREIfEId_r5. In interpreting and applying the; � provisions of this Chapter, th :y shall be held to be the it minimum requirements for the protection, promotion, and improve- . � m2nt of the public health, safety, morals and general welfare of the cormunity. It is not intended by this Chapter to interfere I j with or abrogate or annul any casements, covenants or other i i agreements between parties ; provided, however, where this j i Chapter imposes a greater restriction upon the use of build- ings premises, or upon the height of buildings, or requires i j larger open spaces than are imposed or required by other , 7 1 11I ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this chapter shall control . If, f I j '` ; because of error or omission in the zoning map, any property in { i the City is not shown as being in a zoning district, the class- ification of such property shall be deemed to be S-l;oro unless changed by amendment to this Chapter, 12. 12 EFFECT OF OLD OROINANCES. This ordinance is adopted for the i purpose of revising, amending and bringing to date all the zoning 1 f 1 laws and ordinances of the City in existence since the enactment p of zoning ordinance number one, and subsequent amendments, and � I it is hereby expressly declared and determined that it is the i I intention of the Mayor and City Commission that this Chapter j shall supersede only such parts of the existing zoning laws i f and ordinances of the City as are in direct conflict with end not reconcilable to the provisions of this Chapter and it is 6 i expressly declared and determined that if for any reason this Chapter should be found by any court of competent jurisdiction i to be invalid or unenforcible, then the provisions of the zoning jordinances of the City in force and effect as of the data hereof ' t shall continue to be in full force and effect, it being the intention of the City Commission that there shall exist no period of time in which the City shall not be comprehensively zoned. - 94 1 i In the event any court of r.orpetont jurisdiction should held ;lint any provision or this chapter, or the zoning map which is mane a part- tiir.; uof, is unconstitutional or unenfn,-cKle as Cr., oiry particular 1 parcel of land or building within the City, because the use allowed for such parcel of land or Wilding under this Chapter amounts to taking property Without the clue process of law, or for any other reason, then and in that event such piece or parcel of land or building is hereby declared to be, and is hereby, classified under the City's zoning laws in the next less restrictive classification. For 1 9 example, if any property be classed asRS-18000 and any court holds such classification to be arbitary and unreasonable, it shall thereupon i fall into classification RS-12000. For the purpose hereof, the zoning p district classifications in the descending order of their restrictions E shall be considered as follows : RS-10000, P,S-12000, iRS-0000, RS-6000, RD-5000, R-M, R-N(I) , R-M(2) , C-1 , C-2, I-G, I-R, I-PT, O-S, and R-MH. i If any property classified as PUD-B should be held by any court of com- petent jurisdiction to be arbitrary and unreasonable, it shall there- upon fall into Classification °-M, Should any article, section, clause � or provision of this Ordinance be declared by a court to be invalid, } the some shall not affect the validity of the Ordinance as a whole x 4� P or any part thereof, other than the part so declared to be invalid. I j I C f 1 � 1 J' - 95 - I j ikii f IC LE j VIOL,'MOIS AND PENALTIES 10 VIOL'TIO.",�. ' 13, 11 G1'!PLP,IyI"i5 0F VIi)1.i+7frj"4S- Any person may file a ca:,plaint if there is ariy reason to believe a violation of this Chapter exists. Ali such complaints must be in writing and shall be filed under j oath with the Building Official°who shall properly record such complaint I I and immediately investigate. i 13, 12 PROCEDURES FOR ABATEMENT OF !!IOlrl'fI0i1S, in case any building or I structure is erected, constructed, reconstructed, altered, re- paired, converted, or maintained, or any building, structure or a land is ,.rsed in violation of this Chapter or of any ordinance or regulation made under authority conferred hereby, the City Com- mission, or with their approval , the Building Official or other proper official , in addition to other remedies, may institute any appropriate legal action, or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abata f such violation, to prevent the occupancy of said building, 1 structure or land, or to prevent any illegal act, conduct, business i i or use about such premises, j 13, 13 VIOLATIONS AND PENALTIES. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safegaurds established in i connection with grants of variances or special exceptions) shall j constitute, a misdemeanor. Any person who violated this ordinance or fails to comply with any of its requirements shall upon con- I i viction thereof be fined not more than five hundred dollars i ($500.00) , or imprisoned for not more than thirty (30) days or both, and in addition shall pay all costs and expenses involved in the i case, Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate i i o: . ensc an surfer the pnoaItion Wroin prom idad, i I a o destroy, move, remove, It shall Ir: Fi nis:ico;canor for n, p:_rson t � � nr daraee or obscure any sign or notice erected or posted pursuant to the reclOreownts of this ordinance. i ; Nothing harein contained shell prevent the City from taking any r oth;;r lawful action necessary toyprevent or remedy any violation. � f f Lj 7 I i f I`I f f i I C f tt `� I I i I I i i i Ct711 t S 1 97 �. . : ... • . .fie i ii ARTICLE 14 i I EFFECT OF OROINAtICE i I ;. 10 All ordinances or parts of ordinances in conflict: herewith be, and the same are, hereby repealed. I i ; I J I I ' 1 3 i 1 4 I i 1 t i R I i I 1 - sa - 1 I i Section 2 . That all ordinances or parts of ordinances i and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of usch conflict. Section 3 . - That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on the 1,311 day of ;TU 1976. i PASSED and ADOPTED on Second and Final Reading on the bt ,day of i7) uj-si 1976. € i j Mayor-Commissioner i Attest : i i =City for AIAi D C 8 CiIVEIVESS By City of Dania, Fla, I i i C!hl� i i j� i 1 � 1 0 Ll —J-r/ 1 L I a- C O. 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(10 tl f) 1•J H 'It Sr' I �.N Cl r11\y bti r10 r, 1 I I 1 J 10Ci rl c s "r rc � m k7 ri j $t 5•; 7. q G✓=f_ E 1 i I (• � I r j { t~' " y 1 �y tr EE ,1 I