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HomeMy WebLinkAboutO-2008-011 Administrative Variance Req ORDINANCE NO. 2008-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; REPEALING SECTION 10- 15 (ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES") OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES; CREATING A NEW ARTICLE IV-A TO BE ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES" TO BE PLACED IN CHAPTER 33, THE "ZONING APPENDIX" OF THE CITY CODE OF ORDINANCES, TO PRESCRIBE REVISED CONDITIONS GOVERNING SUCH VARIANCES WHICH ARE GRANTED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT WITHOUT REVIEW BY THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION, SUBJECT TO CERTAIN LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 10-15, "Administrative Variance Procedures" of Chapter 28, "Zoning", of the City Code of Ordinances is repealed in its entirety. Section 2. That Article IV-A, "Administrative Variance Procedures", of Chapter 33 of the City Code of Ordinances, which Chapter is known as the "Zoning Appendix", of the City Code of Ordinances is created to read as follows: ARTICLE IV-A. Administrative Variance Procedures. Sec. 33-126. ADMINISTRATIVE VARIANCE PROCEDURES. (a) The community development director is authorized to review and approve the following variances for single-family home (and as to existing two-family homes, the provisions of subparagraph (a) 1. below shall also apply), without review by the planning and zoning advisory board and the city commission, subject to compliance by the applicant with the requirements of subsection (c) as well as with all other zoning, City Code and Public Services Director requirements: 1. Required yards for detached accessory buildings, sheds, and garages may be reduced to five (5) feet along a side or interior lot line (zoning code requirements specify ten (10) feet). 2. Required front yards for a single-family home may be reduced by twenty (20) percent; provided, however, that the addition to the home must match the existing front yard setback and shall not encroach into or upon any existing parking areas, required parking areas or both. Side yard setbacks may be reduced to six (6) feet (eight (8) feet in RS-8000 districts). Side yard setbacks for side yards facing a street may be reduced to twelve (12) feet; provided, however, that the addition must match the existing side yard setback and shall not encroach into or upon any existing parking areas, required parking areas or both. Required yards for pool patios, paved decks and screen enclosures with no solid roof may be reduced by twenty (20) percent. 3. The required pervious area may be reduced by ten (10)percent. 4. The maximum building lot coverage may be increased by ten (10) percent. 5. Outdoor storage of a boat or recreational vehicle not to exceed thirty (30) feet in length may be authorized. 6. The maximum fence height may be increased by ten (10) percent. 7. A temporary mobile basketball hoop may be authorized to be placed in the swale adjoining the property. 8. Minimum lot width may be reduced ten (10) percent below what is required by the applicable zoning code requirements. 9. Minimum lot size may be reduced ten (10) percent below what is required by the applicable zoning code requirements. 10. Replacement of existing legally non-conforming single-family homes (excluding carports, sheds and other accessory buildings and structures) are permitted within the same building footprint, subject to verification of written documentation establishing such footprint and compliance with pervious area, parking and side yard setback requirements. 11. Limitations upon boat slips, docks and mooring structures may be reduced by ten (10) percent. (b) The community development director is authorized to review and approve the following variances for existing commercial, industrial, or office buildings containing fifty thousand (50,000) square feet or less, without review by the planning and zoning advisory board and city commission, subject to meeting the requirements of subsection (c) as well as all other zoning and City Code requirements: 1. Required parking may be reduced by ten (10) percent, or two (2) parking spaces, whichever is less. 2 ORDINANCE#2008-011 i 2. Required landscaping maybe reduced by ten (10) percent. 3. Building lot coverage maybe increased by ten (10) percent. (c) Conditions of approval. 1. An applicant must file an application for an administrative variance with the community development department, including a plan of sufficient detail to clearly identify the administrative variance request. A survey identifying all easements is required for any requested reduction of a yard. 2. The applicant shall pay an application fee, as determined by the community development department, which reflects the city's cost to process and provide notice of the request. 3. All owners of property within one hundred fifty (150) feet of the subject parcel shall be provided mailed notice by the city of the administrative variance request and advised of their right to protest the request in writing within twenty (20) days of mailing as evidenced by the postmark. 4. Any property owner who wishes to protest the variance shall submit a written protest (by mail, hand-delivery, or facsimile) to the community development department within fifteen (15) days of the date postmarked on the mailed notice. 5. Any such protest timely received by the community development department shall operate to preclude the use of the administrative variance approval process. The applicant shall then be advised of a right to file an application for a variance. However, notice of the regular variance process, as outlined in section 10-10 will only be provided to the person(s) who protested the administrative variance. An application fee for a variance will be charged based on the city's cost to process the application, provide notice, and advertise notice of the variance; provided, however, that a credit will be given to the applicant for the amount paid in connection with the administrative variance request. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 3 ORDINANCE#2008-011 Section 5. That this Ordinance shall take effect immediately at the time of its passage. PASSED on first reading on March 11, 2008. PASSED AND ADOPTED on second reading on March 25, 2008. ALBERT C. JONES MAYOR—COMMISSI R ATT ST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM D IORRECTNESS: By: , , 1 THOM SJ. A SBRO CITY ATTORNEY 4 ORDINANCE#2008-011