HomeMy WebLinkAboutO-2008-016 TOD TOC Amendment ORDINANCE NO. 2008-016
AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY
AMENDING SECTION 21.14 ENTITLED "21.14. TOD BUILDING
ENVELOPE", SECTION 21.16 ENTITLED "21.16. TOC-1 BUILDING
ENVELOPE", AND SECTION 21.17 ENTITLED "21.17 SOUTH FEDERAL
HIGHWAY TRANSIT ORIENTED CORRIDOR (TOC-2) DISTRICT" TO
ENSURE SUFFICIENT SIDE YARD ACCESS IS PROVIDED FOR FIRE
FIGHTING EQUIPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 21 "Downtown Transit Oriented Development (TOD) and Transit
Oriented Corridor (TOC) Districts" of Chapter 28 "Zoning" of the Code of Ordinances of the
City of Dania Beach, Florida provides transit oriented zoning regulations for the redevelopment
of the City's Downtown; and
WHEREAS, the City Commission desires to modify setback and building recess
requirements to ensure sufficient access to buildings for fire fighting purpose is provided, while
retaining a transit-oriented form of development; and
WHEREAS, the City Planning and Zoning Board, sitting as the local planning agency,
has reviewed this Ordinance and recommended its approval to the City Commission; and
WHEREAS,the City Commission finds that this Ordinance is consistent with the City's
adopted Comprehensive Plan and necessary for the preservation of the public health, safety and
welfare of the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Section 21.14 of Chapter 28 "Zoning" of the Code of Ordinances of
the City of Dania Beach, Florida, is amended to add paragraph (c) to read as follows:
21.14. TOD Building Envelope.
(c) Side yard setbacks in all cases shall be sufficient to allow access to the building at
grade level for fire fighting equipment. This shall require a 20 foot side setback, unless
the Fire Marshal shall approve a lesser setback where adjacent property, either public or
private, is available to provide the necessary 20 foot access. In this case, the upper level
side building recess requirements of this section shall be adjusted to provide the same
minimum building recess, as measured from the property line, as would have been
achieved by applying the applicable standards in paragraph (b).
Section 2. That Section 21.16 of Chapter 28 "Zoning" of the Code of Ordinances of
the City of Dania Beach, Florida, is amended to add paragraph (c)to read as follows:
21.16. TOC-1 Building Envelope.
• • •
(c) Side yard setbacks in all cases shall be sufficient to allow access to the building at
grade level for fire fighting equipment. This shall require a 20 foot side setback, unless
the Fire Marshal shall approve a lesser setback where adjacent property, either public or
private, is available, to provide the necessary 20 foot access. In this case, the upper level
side building recess requirements of this section shall be adjusted to provide the same
minimum building recess, as measured from the property line, as would have been
achieved by applying the applicable standards in paragraph (b).
Section 3. That Section 21.17(f) of Chapter 28 "Zoning" of the Code of Ordinances
of the City of Dania Beach, Florida, is amended to add subparagraph (3)to read as follows:
21.17. South Federal Highway Transit Oriented Corridor(TOC-2) District.
(f) Building Envelope.
•
(3) Side yard setbacks in all cases shall be sufficient to allow access to the
building at grade level for fire fighting equipment. This shall require a 20 foot
side setback, unless the Fire Marshal shall approve a lesser setback where
adjacent property, either public or private, is available to provide the necessary 20
foot access. In this case, the upper level side building recess requirements of this
section shall be adjusted to provide the same minimum building recess, as
2 ORDINANCE#2008-016
measured from the property line, as would have been achieved by applying the
applicable standards in subparagraph (2).
Section 4. 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 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 6. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on June 10, 2008.
PASSED AND ADOPTED on second reading on June 24, 2008.
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ALBERT C. JONE
MAYOR—COMMIS ONER
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ATTEST: 11 tee°
LOUISE STILSON, CMC h
CITY CLERK
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APPROVED AS TO F AND CORRECTNESS:
BY:
T MAS . A O
CITY ATTORNEY
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