HomeMy WebLinkAboutO-2009-011 RV Sales in IROM District ORDINANCE NO. 2009-011
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING
AN AMENDMENT TO CHAPTER 28, "ZONING," OF THE CODE OF
ORDINANCES, RELATING TO ARTICLE 18 ENTITLED "INDUSTRIAL
RESEARCH OFFICE MARINE (IROM) DISTRICT" TO PROVIDE FOR
RECREATIONAL VEHICLE (RV) SALES AS A SPECIAL EXCEPTION USE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 18 "Industrial Research Office Marine (IROM) District' of the
Code of Ordinances of the City of Dania Beach, Florida provides regulation for properties that
accommodate marine, office, light industrial, and research uses which are conducted within
completely enclosed buildings and which have limited impact outside of a building; and
WHEREAS, this district is also intended to permit some commercial uses, as either a
permitted use or a special exception use subject to section 10.12 of the Zoning Code and the
applicable provisions of this article; and
WHEREAS, the City Commission has followed the procedures of Section
166.041(3)(c)2., Florida Statutes, for public notice and hearings relating to ordinances that
change the actual list of permitted, conditional, or prohibited uses within a zoning category;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed and
incorporated as the legislative intent of this Ordinance.
Section 2. That Chapter 28, "Zoning", Article 18, "INDUSTRIAL RESEARCH
OFFICE MARINE (IROM) DISTRICT, of the Code of Ordinances of the City of Dania Beach,
Florida, is amended to read as follows:
ARTICLE 18. INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT
18.10. Purpose.
The Industrial-Research-Office-Marine (IROM) district is intended to accommodate marine,
office, light industrial, and research uses which are conducted within completely enclosed
buildings and which have limited impact outside of a building.
Some marine uses are permitted to be located outside of a completely enclosed building, subject
to the conditions contained in this article or subject to special exception approval as regulated by
section 10.12 of the Zoning Code and the applicable provisions of this article.
This district is also intended to permit some commercial uses, as either a permitted use or a
special exception use subject to section 10.12 of the Zoning Code and the applicable provisions
of this article.
(Ord. No. 2004-037, § 2(Exh. A), 11-9-04)
18.30. Prohibited uses.
The permitted enumerated uses in section 18.20 above shall not be construed to include
any of the following prohibited uses, which are indicated for emphasis and clarification:
(a) Outdoor sales, storage or display of lumber, building materials, or building supplies.
(b) Sales, leasing, rental, service, display, storage, repair or parking (including fleet
parking and "pay" parking lots) of any of the following: automobile, aircraft, bus, truck,
motorcycle, tractor trailer, , construction equipment or mobile home.
(c) Service stations.
(d) Drive-in restaurants, drive-through restaurants, and freestanding fast food
restaurants, except for fast food restaurants that are physically attached by a common
wall to a shopping center containing in excess of fifty thousand (50,000) square feet of
gross floor area.
(e) Churches, synagogues, and other houses of worship.
(f) Foundry.
(g) Drop forging.
(h) Manufacture of power blends, potting compounds, plastisol, water-based or epoxy-
based coatings, adhesives, sealants, and paints.
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(i) Manufacture of varnish or paint.
0) Oil compounding or barreling.
(k) Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products
derived from them. Manufacture of acids, carbon, disinfectants, poisons, insecticides, and
batteries.
(1) Pistol or rifle range.
(m) Lumber or planing mill.
(n) Meat processing, slaughtering.
(o) Fish smoking, curing and canning.
(p) Sale, manufacturing,or storage of explosives or fireworks.
(q) Production, refining or bulk storage of gas, oil, or fuel.
(r) Solid waste transfer, processing, recycling, or disposal facilities.
(s) Penal, correctional, detention, re-entry, or rehabilitation facilities involving adults,
adolescents, or children.
(t) Gaming ships, rental of personal watercraft.
(u) Any outdoor storage of materials (raw or finished), supplies, machinery, equipment,
components or parts, including outdoor storage of mechanical, electrical, plumbing,
telecommunication, or construction equipment and vehicles and materials, except as
specifically permitted and regulated by this article.
(v) Commercial or retail uses except as specifically permitted and regulated by this
article.
(w) Transitional, temporary, indigent, or emergency housing.
(x) Day labor employment office.
(y) Truck or bus terminal.
(z) Check cashing store.
(aa) Gun or pawn shop.
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(bb) Any residential use, except that one accessory residential unit may be provided as a
caretaker's or property manager's living unit.
(cc) Gaming establishments, including bingo and related activities.
(dd) Parking lot as a principal use, including "pay" or "employee" parking lots.
(cc) Rental car facilities.
(ff) Adult entertainment.
(gg) Container storage.
(Ord. No. 2004-037, § 2(Exh. A), 11-9-04)
18.40. Special exception uses.
The following special exception uses may be permitted subject to special exception review by
the planning and zoning advisory board and the city commission as per section 10.12 of the
Zoning Code.
(a) Electrical substations or related electrical facilities, excluding electrical generating facilities,
when located at least five hundred (500) feet from any property with a "residential" land use plan
designation.
(b) Water or sanitary sewer treatment facilities, when located at least five hundred (500) feet
from any property with a "residential" land use plan designation.
(c) Entertainment use.
(d) Retail boat fuel sales, clearly incidental and accessory to an established marina, in
conjunction with boat sanitary waste pump-out facilities, unless said waste pump out facilities
are expressly waived by the city commission as part of the special exception review process.
(e) Storage or warehouse facilities containing less than ten (10) percent office or showroom
space subject to the following:
1. The architectural treatment of the building(s) should, to the greatest extent possible,
based on the size, configuration, and location of the development parcel, resemble that of an
office building, particularly in those portions of the building(s) facing public rights-of-way or
adjoining residential areas. This may include pedestrian scale architectural treatment, significant
use of window and door glass, landscaping directly adjacent to a building, and overhead doors
and loading activities to be located to the rear of buildings, within interior areas between
buildings, or within interior side yards.
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2. Distribution permitted as an accessory use clearly incidental to the primary light
industrial use.
3. Outdoor storage of materials, supplies, machinery, equipment, Components or parts
shall be prohibited.
4. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed
twenty-five (25) percent of the site area.
(f) Gym or health club.
(g) Distribution facility as a principal use subject to the following additional conditions:
1. The office floor area, showroom floor area, or any combination of office and
showroom floor area, shall comprise at least ten (10) percent of the total gross floor area of the
building(s).
2. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed
twenty-five (25)percent of the site area.
3. The architectural treatment of the building(s) should, to the greatest extent possible,
be based on the size, configuration, and location of the development parcel, resemble that of an
office building, particularly in those portions of the building(s) facing public rights-of-way or
adjoining residential areas. This may include pedestrian-scale architectural treatment, significant
use of window and door glass, landscaping directly adjacent to a building, and overhead doors
and loading activities to be located to the rear of buildings, within interior areas between
buildings, or within interior side yards.
4. Outdoor storage of any materials, supplies, machinery, equipment, components, or
parts shall be prohibited.
(h) Day labor or temporary employment offices or agencies, if separated from similar uses by
at least one thousand (1,000) feet, from parks, schools, and residentially zoned or used land by at
least one thousand (1,000) feet, from arterial or collector roadways by at least one thousand
(1,000) feet, and from limited access facilities as described in the transportation element of the
Dania Beach Comprehensive Plan by at least five hundred (500) feet; measured property line to
property line.
6) Sales, leasing, display, or repair of well maintained, FDOT ready, fully-assembled luxury
recreational vehicles in a front, street, side, or rear yard if separated from the adjacent roadways
or rights-of-way by landscaping pursuant to the requirements of the Zoning Code and chapter 26
(Vegetation) of the City Code.
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Section 3. That, except as amended above, all other provisions of Chapter 28 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force
and effect.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 5. 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 6. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on First reading on July 28, 2009.
PASSED AND ADOPTED on second reading on August 11, 2009.
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ANNE CASTRO
MAYOR-COMMISSIONER
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ATTEST:
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LOUISE STILSON, CMC
CITY CLERK
APPROVED AS O F RM AND CORRECTNESS:
THW4ASJ./AAARO
CITY ATTORNEY
6 ORDINANCE 42009-01 I