HomeMy WebLinkAboutO-2011-001 IG LDC Amendment 11-29 ORDINANCE NO. 2011-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS:
PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND
CONDITIONS OF USE" OF THE LAND DEVELOPMENT CODE TO
ALLOW OUTDOOR STORAGE OF PASSENGER VEHICLES, TRAILERS
AND TRACTOR-TRAILERS AS A SPECIAL EXCEPTION USE IN THE I-G
ZONING DISTRICT AND PROVIDING FOR CONDITIONS OF USE;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, Article VII, Section 2, of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of it; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, Section 100-60(d) of the Land Development Code provides that the
Industrial General (I-G) zoning district shall permit medium-intensity industrial uses, including
some shipping-related business uses, subject to compliance with location requirements and
performance standards necessary to protect single-family residential zoning districts; and
WHEREAS, following review and analysis of the zoning district regulations for the I-G
zoning district, Community Development Department staff propose to amend the district
regulations in order to allow for outdoor storage of passenger vehicles, trailers and tractor-trailers
as a special exception use within the I-G district, and in accordance with performance standards
and conditions intended to ensure compatibility of such uses with surrounding development; and
WHEREAS, the City Commission finds that the proposed amendment to permit the
outdoor storage of passenger vehicles, trailers and tractor-trailers as a special exception use
within the I-G district, subject to performance standards and conditions, is consistent with the
intent of the zoning district and its regulations of light and medium-intensity industrial uses; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041 (3)(c), Florida Statutes, notice has been given
by publication in a newspaper of general circulation in the City, notifying the public of this
proposed Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings before the City Commission were held pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article 115, "Industrial Districts: Permitted, Prohibited, Special
Exception Uses, and Conditions of Use" of the City of Dania Land Development Code is
amended to read as follows:
Section 115-40. Schedule of permitted uses.
Legend
P —permitted
A—permitted accessory use only
#, #— (ex: 1,2) permitted subject to the conditions of use numbered 1 and 2 found in sec. 115-50
SE—permitted special exception use only, pursuant to article 630
SE(#, #)=(ex:1,2): permitted as a special exception only, and subject to conditions of use numbers 1 and
2 found in sec. 115-50.
IROM-
USES IROM AA IROC IRO IG IR PEDD MA-1
LIGHT INDUSTRIAL USES
Outdoor storage o
36
passenger vehicles � '� SE 74
P � P NP
trailers and tractorr�ar F� 78 " `
trailers ''
2 ORDINANCE#2011-001
Sec. 115-50. Conditions of use.
74 Conditions of use: on-site parking and storage of vehicles shall not be visible
from the public right-of-way.
78 a. Use shall not be permitted within the Community Redevelopment Area.
b. A five foot (5) wide perimeter landscaped buffer shall be required on all sides
of the property.
c. Use must be separated from any arterial roadwayby a minimum of 500 feet.
d. Outdoor activities and movement of vehicles shall be permitted only between
the hours from 7:00 a.m. to 7:00 p.m.
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 and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed to the extent of such
conflict.
Section 5. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on December 14, 2010.
PASSED AND ADOPTED on second reading on January 11, 2011.
FIRST cirr
LOUISE STILSON, CMC C. K. McE YE
CITY CLERK 1 MAYOR-COMMISSIONER
APPROVED AS TO FORM AND CORRECTNESS:
"-)-�9 _'1% A d
THO J. SBRO
CITY ATTORNEY
3 ORDINANCE#2011-001