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Home My WebLink AboutO-2011-007 Marine District LDC Amendments ORDINANCE NO. 2011-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 100 "GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS" TO ESTABLISH THE MARINE ZONING DISTRICT WITHIN THE COMMUNITY REDEVELOPMENT AREA; AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING REGULATIONS OF THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT; AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED- USE DISTRICTS" TO ESTABLISH THE MARINE ZONING DISTRICT WITHIN THE COMMUNITY REDEVELOPMENT AREA, AND TO PROVIDE SUPPLEMENTAL REGULATIONS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" TO AMEND PERMITTED LIGHT INDUSTRIAL USES; AMENDING ARTICLE 205 "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" TO PROVIDE SUPPLEMENTAL REGULATIONS FOR THE RESIDENTIAL OFFICE (RO) DISTRICT AND THE IROM-AA DISTRICT; AMENDING ARTICLE 215 "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE" TO AMEND PROVISIONS CONCERNING YARD ENCROACHMENTS; AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); "ROOFTOP REGULATIONS" TO AMEND REGULATIONS CONCERNING HEIGHT HAZARDS LOCATED IN PROXIMITY TO AN AIRPORT; AMENDING ARTICLE 240 "DOCKS AND MOORING STRUCTURES" TO PROVIDE FOR INSPECTION AND REGULATION OF DOCKS AND MOORING STRUCTURES; AMENDING ARTICLE 260 "AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD REGULATIONS" TO AMEND DEVELOPMENT STANDARDS RELATED TO AIRPORT NAVIGATIONAL HAZARDS; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" TO PROVIDE FOR ADDITIONAL DEVELOPMENT REGULATIONS FOR THE DISTRICTS WITHIN THE COMMUNITY REDEVELOPMENT AREA; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS" TO PROVIDE FOR DEVELOPMENT REGULATIONS FOR THE MARINE ZONING DISTRICT WITHIN THE COMMUNITY REDEVELOPMENT AREA; AMENDING ARTICLE 705 "VIOLATIONS AND PENALTIES" TO AMEND CODE ENFORCEMENT PROCEDURES; 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 ("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 them; 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, on September 14, 2010, the City Commission adopted a comprehensive amendment to the City's land development regulations known as "OneCode", to unify the City's regulations of zoning and land development in a single comprehensive Land Development Code; and WHEREAS, in implementing the new Land Development Code, City Community Development Department staff identified the need to adopt clarifications and corrections to improve the Land Development Code; and WHEREAS, prior to adoption of the new Land Development Code, City Community Development Department staff consulted with representatives of the Broward County Aviation Department, and identified further amendments to the Land Development Code intended to provide for compatibility of development located in proximity to the Fort Lauderdale-Hollywood International Airport and for reduction in navigational hazards to airspace; and WHEREAS, Community Development Department staff has analyzed and considered the Community Redevelopment Plan for the City's Community Redevelopment Area, and proposes to adopt and apply a new zoning district, the Community Redevelopment Area Marine District, to further the goals of the Community Redevelopment Agency (CRA) redevelopment plan; and WHEREAS, the planned realignment of Old Griffin Road will create additional waterfront frontage, and the proposed Community Redevelopment Area Marine zoning district is intended to be applied to certain properties adjacent to the Dania Cutoff Canal, to provide use and development standards which are intended to accommodate industrial and commercial marine uses and support expansion of the marine industry in the City; and 2 ORDINANCE#2011-007 WHEREAS, following analysis of the current regulations applicable to property located within the Residential Office (RO) zoning district, Community Development Department staff identified a need to provide additional development standards for the RO zoning district and to clarify that single-family homes are a permitted use in this district; and WHEREAS, Community Development Department staff desires to clarify the development standards applicable to property located within the IROM-AA zoning district; and WHEREAS, Community Development Department staff seeks to clarify the permit review and inspection requirements applicable to marine structures including docks and mooring facilities; and WHEREAS, Community Development Department staff has identified a need to clarify the code enforcement procedures of Article 705 "Violations and Penalties" of the Land Development Code; 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 (c)(2), Florida Statutes, notice has been given by publication in a paper 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 the "Quick Find User Guide" of the City of Dania Land Development Code is amended as follows: 3 ORDINANCE#2011-007 LAND DEVELOPMENT CODE "QUICK FIND USER GUIDE" QUICK-FIND GUIDE NUMBER 3 Guide for: ■businesses,nonresidential uses Topics Code What the code section tells you sections Permitted uses 110-20 Permitted, special exception and prohibited uses in eemmeFeial dis4fira*, CRA Marine District, and RO District and Commercial districts(C-1, C-2, C-3,C-4) 110-20 Permitted, special exception and prohibited uses in CRA mixed-use districts(CC,NBHD-MU, EDBB-MU, SFED- MU,GTWY-MU Section 3. That Article 100 "General Use Regulations Applying To All Zoning Districts" of the City of Dania Land Development Code is amended as follows: ARTICLE 100. GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS. Sec. 100-60. Establishment of zoning districts. The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting,promoting and improving the public health, safety and the general welfare of the citizens and residents, the city is divided into the following districts: District map Full district title Intent and purpose of district designation (A) R.eaidentlal axo iag dltrts Provides a suitable living environment in mobile home developments of varying density within areas annexed from Broward County in 1990 and 2001, while insuring the compatibility of mobile home parks with adjoining RMH Residential Mobile developments. RMH shall be applied only to mobile home Home District parks and subdivisions that existed as of _[INSERT-, September 14, 2010 the date of adoption of this code]. Implements the Residential category of the comprehensive plan. Land areas that were previously zoned T-1, T-IC or R-1T have been rezoned to RMH. 4 ORDINANCE#2011-007 (D) Indastrial zoning districts' The Community Redevelopment Area (CRA) Marine zoning district was created to further the goals of the Community Redevelopment Area Redevelopment Plan. Community The realignment of Old Griffin Road will create additional Redevelopment Area Waterfront frontage, and the Community Redevelopment Marine Marine Zoning District Area Marine zoning district is intended to be applied to certain properties adjacent to the Dania Cutoff Canal, to provide use and development standards for these properties, which are intended to accommodate marine uses and further the expansion of the marine induLtia in Dania Beach. Section 4. That Article 105 "Use Regulations For Residential and Open Space Zoning Districts" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 105. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS. Sec. 105-20. List of residential and open space districts permitted, special exception and prohibited uses. (1) Subject to PRD-1 district regulations of sec. 105-220. (2)Only on lots with multiple-family zoning prior to September 14,2010. (3)Prohibited except as provided in sec. 105-190 for pre-existing facilities formerly zoned Broward County I-1. Sec. 105-220. PRD-1 District supplemental regulations. (J) Former PUDs. The Planned Unit Development District(PUD)was established on July 20, 1976 by Ordinance Number 100. Of the five(5)versions of the PUD that were adopted,only one(PUD-B) was ever mapped and utilized for development. Ordinance Number X.V.X 2010-020, adopted on **&x September 14, 2010 repealed the PUD districts and rezoned and redesignated properties with PUD-B zoning to the PRD-1 District. Development within the redesignated PRD-1 districts shall be deemed to be fully conforming with the code, pursuant to the approved site development plans 5 ORDINANCE#2011-007 and agreements made part of the respective rezoning ordinances. The nonconforming provisions of this code shall not apply to development formerly zoned PUD-B that have been re-designated PRD- l. Section 5. That Article 110 "Use Regulations for Commercial and Mixed-Use Districts"of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS. Sec. 110-20. List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the residential office (RO) district, the Marine district, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Legend P—permitted COMMERCIAL P(#)— permitted subject to numbered MIXED-USE DISTRICTS ZONING DISTRICTS footnote A—permitted accessory use only SE — permitted special exception use CRA FORM-BASED DISTRICT s only -Not permitted a o USES '� rs: t t7 ° Z U U U U Accessory uses to permitted and A A A A A A A A A A special exce tion uses Arcade or amusement center E' SE SE SE SE [subject to sec. 110-60, 110-190] Art galleries, museums, and P p P p P P P P libraries Assembly and light fabrication of SE SE SE SE materials Assembly, repair, and fabrication of premanufactured art objects, apparel, jewelry, and home A< A A A A A A furnishings, accessory to retail use [subject to sec. 110-150] Athletic clubs P P P P P Auditoriums, theaters and S E SE SE SE convention halls,movie theaters Automobile rental establishments, SE 6 ORDINANCE#2011-007 Legend P—permitted P(#) — permitted subject to numbered MIXED-USE DISTRICTS COMMERCIAL footnote ZONING DISTRICTS A—permitted accessory use only SE — permitted special exception use CRA FORM-BASED DISTRICTS only - Not permitted a o USES O' U W W v U U U U other[subject to sec. 110-80] Automobile rental establishments, with parking or storage for ten(10) SE SE or fewer vehicles subject to sec. 110-190] Automobile repair, minor [subject SE SE to sec. 110-90] Automobile, truck, motorcycle, boat, trailer, recreation vehicle SE SE SE P sales, display, accessory repair and service Auto parts,retail or wholesale P P P P P P P P Banks and financial institutions P P P P P P P P Bakeries,delicatessens P P P P P P P P Bingo hall SE SE SE SE SE ........ ...... Boats marine arts store P Boat aintin SE Boat sanitary waste pump-out SE facilities Charitable, civic, fraternal and professional organizations, SE SE SE SE SE SE SE SE excluding social service providers and agencies Check cashing stores [subject to SE SE sec. 110-190] City of Dania Beach municipal use P P; P P P P P P P P Contractor shop repair or service shops (air conditioning, carpenter, P SE plumbing, electrical, glass, marine, — cloth or canvas) Copy shop, nting shop P; P P P P P P P Day care centers P P P P P P P P Dock and docking of boats and ships (excluding ddry docks), P includingthe he operations u- charter — boats Drive-through service, other P p p p P SE SE [subject to sec. 110-190, 110-2201 Dry cleaning establishments, excluding self service laundries, P' P P P P P P P for direct service to customers Da lot storage and dpL.stack SE NP NP NP NP 7 ORDINANCE#2011-007 Leeend P—permitted COMMERCIAL P(#) — permitted subject to numbered MIXED-USE DISTRICTS ZONING DISTRICTS footnote A—permitted accessory use only SE — permitted special exception use CRA FORM-BASED DISTRICTS only -Not permitted USES O U A w ppqq w r, v w � U W rn 0 z U U U U stoma a of boats Fortune tellers, palmists, clairvoyants or astrologists P` P P P P P P P [subject to sec. 110-Igo] Freestanding fast food or drive- through restaurant [subject to sec. P P P SE SE 110-190] Funeral homes and mortuaries P P SE SE General service and repair shop P P P P P P P P Gun shops [subject to sec. 110- SE SE 190] Hotel [subject to sec. 110-100] P P SE P SE SE SE Kennel P P P P P Large retail establishment [subject to sec. 110-120, 110-190, articles P P P P SE SE SE 510,520] Light industrial marine uses not P itemized in this section — Liquor, package stores [subject to p p p sec. 110-50] Manufacturing and repair P (excluding_painting) of boats, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations Marine related educational SE facilities Mixed residential and commercial p' p p P P uses Motor fuel pumps, retail [subject SE SE to sec. 110-90] Multifamily dwellings P P P P P Office,business P P P P P P` P P P P Office,professional P P P P P P P P P P Office,medical [sec. 110-40 and sec, 110-190(c) govern pain management P P P P P P P P clinics One watchman or caretaker dwelling unit [subject to sec. 110- A A A A A A A A A 30,230-20] 8 ORDINANCE#2011-007 Legend , P—permitted P(#) — permitted subject to numbered MIXED-USE DISTRICTS COMMERCIAL footnote ZONING DISTRICTS A—permitted accessory use only SE — permitted special exception use only CRA FORM-BASED DISTRICTS -Not permitted d USES C4 v U C.) U U U U Outdoor produce sales [subject to A' A A A A A A A sec.110-190] Outdoor restaurant seating [subject A', A ;A A A SE SE SE to sec. 110-200] Outdoor sales, leasing, rental, display, storage of fully assembled P new boats,new trailers and marine — vessels Outdoor sales, leasing rental, display, storage of fully assembled SE used boats, trailers and marine vessels Outdoor stands, other; open SE SE SIB .. SE SE SE SE counters Outdoor storage of new materials and equipment [subject to sec. SE SE 110-210] Painting of boats SE Pawn shops [subject to sec. 110- SE SE 190] Personal service establishments P P P p P P P P P Places of worship P P P P P P P P Public or private parking facility P P p p p P P P (principal use) Residential care facility [subject to P SE SE SE sec. 105-170] Restaurants and bars, full service without live entertainment [subject P' P P P P P P P P to sec. 110-501 Restaurants and bars with live entertainment as an accessory use P P P P SE SE SE SE [subject to sec. 110-50] Restaurant, drive-in [subject to p P P SE SE sec. 110-190, 110-220] Restaurant,takeout P )? P P P P P P P Retail stores [subject to Sec. 110- P P p p p P P P 190(C)] School,academic S SE P P P School,college P I? P P-1 SE P P P School,specialty SE P Pi:' SE P P P Self-service or coin o erated SE SE SE 9 ORDINANCE#2011-007 Leeend a P—permitted P(#) — permitted subject to numbered MIXED-USE DISTRICTS COMMERCIAL footnote ZONING DISTRICTS A—permitted accessory use only SE — permitted special exception use DRA FARM-BASED DISTRICTS only - Not permitted o USES �" N M v 0 .. V,i W �] t U U U U laundry[subject to sec. 110-190] Single-family family residence P Storage and sales of lumber and building materials within a SE SE completely enclosed building Tattoo or body piercing parlor SE SE [subject to sec. 110-1901 Temporary uses and special events A P P P P P P P P P [subject to article 675] — Thrift and consignment shops SE SE [subject to sec. 110-190] Veterinarian,animal hos ital P P I P 1 Vinyl sign fabrication and sign printing 'shops (excluding metal SE SE SE SE fabrication sand blasting and spray painting processes) Warehousing A SE P Wet or dry stack marina and related facilities [subject to sec. P SE SE 110-170] Wholesale: combined office- distribution/showroom-warehouse P facilities Sec. 110-180. Residential Office (RO)District supplemental regulations. (A)Any property in this district that involves conversion of a non-office use to general office use shall be reviewed pursuant to the site plan review procedures of article 635. (B) Both rehabilitation of existing structures and new construction shall comply with principal arterial commercial design standards of article 510. Additionally, the design, scale, and appearance of all structures in this district shall be compatible with single-family residences even though the office buildings may be significantly larger in size. The intent is to achieve a compatible architectural relationship with nearby single-family residential development. The facades and rooflines of the office building(s) shall be designed to break up any linear appearance and form. 10 ORDINANCE#2011-007 (C) The design of the par-king lot may utilize tandem par-king s. ir-eular- drive desig.n. wM an interior-landseaped island. Head ipAaek out par-king is not permi The design of the parking lot shall be approved by the community development director based upon the parking requirements of Article 265 and the following: W Head-in/back-out parking shall not be permitted. Required parking spaces (tandem) may be designed on a circular drive with an interior landscaped island. (D) A masonry wall of a minimum six (6) feet in eight, shall be installed and setback a minimum of two and one-half(2 1/2) feet from any property line adjacent to an alley. In order to maintain the character of existiniz residential neighborhoods abutting the alley, the wall shall be designed to prohibit vehicular or pedestrian access between the RO parcel and the alley. (E) Landscape and pervious area requirements shall be as provided in Article 215 and Article 275 except as indicated below: A minimum of fifteen(15)percent pervious area shall be required. Q AU propertydjacent to Sheridan Street shall have a landscape buffer of a minimum of five (5) feet in width. Parking areas shall maintain the following setbacks: a. Street yard: minimum ten(10) feet; b. Interior side yard: minimum five (5) feet; c. Rear yard: minimum ten(10) feet; d. Rear ,yard abutting an alley: minimum ten(10) feet. Section 6. That Article 115 "Industrial Districts: Permitted, Prohibited, Special Exception Uses, and Conditions of Use" of the City of Dania Beach Land Development Code is amended as follows: Sec. 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. l 15- 50. -Not permitted USES IROM I IROM-AA IROC IRO IG IR PEDD I MA-1 Airport-related and airport 33,34 33,34 compatible uses Assembly of products from 1,2,3 1,2 1,2,3 1 16 SE P prefabricated arts 11 ORDINANCE#2011-007 USES IROM IROM-AA IROC IRO IG IR PEDD MA-I Assembly, repair, an fabrication of furniture, home furnishings, art objects, NP P NP P P P clothing, leather goods, an jewelry Section 7. That Article 205 "Tabular Summary of Site Development Standards For All Zoning Districts" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 205. TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS. *Excluding the CRA form-based districts(see part 3 of code) LOT DENSITY BULK YARD D) MINIMUM MAXIMUM MAXIMUM MINIMUM INDUSTRIAL DISTRICTS 0 ' ° o p C7 O on o Q c o . iD N bhp 7 Q O a ^ b Cd N cqs 72 d 3 Q AQ x U aUV) IROM-AA Greater Greater Greater Greater of 30 or of 20 or of 20 or of 30 or Greater 5( +/ or 1 x buitdinc N/A N/A N/A N/A 1 x x 5/62 70 7� building buil buildin +/2 1 buildingheight din� height height ea. side height height i Five(5) story--fifty-five (55)feet,plus one additional foot for each foot of ceiling height of each story over eight (8)feet six(6)inches,up to a maximum of sixty-two(62)feet. 2 Subject to the maximum permitted density of the underlying land use plan designation or allocation of residential flexibility or reserve units. 3 Seven(7)feet on each side for one(1)story buildings and fifteen(15)feet on each side for two(2)story buildings in the RO District. 4Ten(10)feet for one(1)story buildings and fifteen(15)feet for two(2)story buildings in the RO District. 5 For single family homes. g y 6 One(1)platted lot for new construction,two(2)platted lots for rehabilitation or addition. 12 ORDINANCE#2011-007 Section 8. That Article 215 "Supplemental Regulations for Yards, Lot Coverage, Impervious Area and Open Space" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 215. SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE. Sec. 215-50. Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-8000, RS-6000, NBHD-RES,and RD-8000 Districts. (A) Chimneys, cornices, eaves,bay windows, canvas awnings, and balconies may extend not more than three(3)feet from a principal building into a required yard. (B) Carports, including fabric awnings or canopies, are permitted in required front and side yards with minimum front and corner side setbacks of ten (10) feet, and a minimum interior side setback of five (5) feet. Within the NBHD-RES District,the setback encroachment in the front yard is subject to sec.305-70(14). 303-90(H). Section 9. That Article 220 "Supplemental Building and Structure Height Regulations (Including Lowest Finished Floor); Rooftop Regulations" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 220. SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP REGULATIONS. Sec. 220-10. Height measurements and general exceptions. (A) Height measurements. No building or structure shall exceed the maximum allowable number of stories or height limit expressed in feet, allowed in the schedules of site development regulations in article 205 and in the CRA form-based zoning regulations in article 303. (B) The following structures may exceed the maximum height limit of any zoning district by a maximum of twenty-five (25)percent unless otherwise provided below: (1) Rooftop structures in the CRA form-based zoning district are regulated in sec. 304- 10. (2) Rooftop structures for the housing of elevators, stairways, tanks, skylights, ventilating fans, air conditioning or similar equipment required to operate and maintain the building, and cupolas, steeples, chimneys and other decorative rooftop projections, provided that the aggregate coverage of all such structures does not exceed fifteen (15) percent of the total roof area. See also sec. 220-60 (rooftop mechanical equipment). (3) Radio and television antennae, whether freestanding or roof-mounted. 13 ORDINANCE#2011-007 (4) Solar panels and accessory equipment. (5) Ham radio antennae may exceed the maximum district height limit by forty (40) percent. (C) All buildings and structures shall be constructed with a lowest FFE of at least one (1) foot above the one hundred (100) year flood elevation established by the Federal Emergency Management Administration's Flood Insurance Rate Maps (FIRM), unless otherwise provided in chapter 12 (flood damage prevention). Sec. 220-20. Airspace restrictions on allowable height; Federal Aviation Administration, and other agency review. The height of multiple story buildings any structure, "man-made" or natural, near Fort Lauderdale-Hollywood International Airport may in some cases be restricted by federal regulationsFederal Aviation Regulations, Advisory Circulars and Orders (FAR Part 77, FAR Part 25 and FAA Order 8260.313, Advisory Circular 150/5300-13) and Chapter 333, Florida Statutes in order to provide safety and avoid conflicts between structures and aircraft appraaeh the air-port to land operations. Due to the city's proximity to the airport, the following development applications require the submission of an airspace study (FAA Form 7460) to the Federal Aviation Administration (FAA) for review resulting in a "Determination of No Hazard" and the issuance of an Airspace Permit from the Florida Department of Transportation (FDOT) (if applicable), f r- petential fight path abstruetions prior to issuance of any city development order or permit-. Submissions to the FAA and FDOT shall include points defining the entire building and structure envelope (man-made and natural) along with their respective heights in addition to the building/structures highest point, above mean sea level (AMSL)per the FAA 7460 process. (A) (1) An application to construct, substantially change, alter, modify or repair a building or structure that would exceed two hundred (200) feet in height above ground level (AGL), measured to the highest point of the building or structure; and ()Q An application to construct, substantially change, alter, modify or repair building or structure that would be situated within twenty thousand (20,000) horizontal feet of a runway, and that would be of a height that is greater than one (1) foot for each one hundred (100) feet of separation between the building and the nearest point of any runway (a 1:100 ratio of height to horizontal distance). Note: the majority of building activities proximate to the airport will require FAA review, but will not necessarily result in an FAA determination that the activity constitutes an obstruction or hazard. Example: as shown in Figure 220-1, below, if a 100 foot building is proposed at a location 5,000 feet from the edge of a runway, FAA review would be required because the building would only have 50 feet of runway separation for each foot of proposed height (5,000 ft. separation divided by 100 feet building height = 50 feet of separation for each foot of height). If that same building is proposed 10,000 feet from the edge of the same runway, FAA review may not be required, because the building would have the full 100 feet of runway separation for each foot of proposed ed b 100 feet height =100 feet o separation per height 10 000 t, separation divided .f g .f f p p g ( .f p Y foot of height). 14 ORDINANCE#2011-007 Figure 220-1. Structures requiring FAA review. Max height without FAA review: 100 ft. Max height without FAA review: 50 ft. 1:100 slope 100 ft. height 50 ft. height Buildi1 _ A - Runway 10,000 ft. 5,000 ft. Building A and Building B are both proposed to be 100 feet in height. Building A requires FAA review. Not drawn to scale Building B does not require FAA review. (B) All development applications for structures that are required to undergo FAA review pursuant to subsec. (A), or which are located within the "supplemental review zone" described and illustrated in Figure 220-2, below, shall be provided to the Broward County Aviation Director, for review and comment. The Broward County Aviation Director shall provide comments to the city within thirty(30) d!qYs after being provided with a cop of proposed development application. The city shall not approve the development application until any comments have been addressed by the developer in a manner satisfactory to the city official or board with final approval authority over the application. (C) Development applications for structures that include property that is within an existing or runwa protection zone shall be provided to the Broward Count Aviation proposed X p p y Director for review and comment. The Broward County Aviation Director shall provide comments to the cif within thirty (30) days after being provided with a copy of the proposed development application. The city shall not approve the development application until any comments have been addressed by the developer in a manner satisfactory to the city official or board with final approval authority over the application. 15 ORDINANCE#2011-007 (D) Property owners with prior agreements with Broward County will not be required to follow the regulations to this section if it is more restrictive than the previous agreement. Figure 220-2. Supplemental review zone. "A„ Supplemental Review Zone ---------------- ------------------------- «A„ Runway «B» °A" is a distance equal to one-half of the runway length, measured from each side of Not drawn to scale the extended centerline of the runway "B" is 5,000 feet measured from the end of the runway Section 10. That Article 240 "Docks and Mooring Structures" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 240. DOCKS AND MOORING STRUCTURES. Sec. 240-20. Construction of accessory boat slips and docks on waterways; limitations. (I) Inspection of all mooring structures, private, municipal and commercial, under the jurisdiction of the city, is the responsibility of the building effi communi , development department. In the event any mooring structure shall be found in an unsafe or unsatisfactory condition, the owner shall be notified in writing that he has a period of thirty (30) days to correct the condition. Section 11. That Article 260 "Airport Proximity And Navigational Hazard Regulations" of the City of Dania Beach Land Development Code is amended as follows: 16 ORDINANCE#2011-007 ARTICLE 260. AIRPORT PROXIMITY AND NAVIGATIONAL HAZARD REGULATIONS. See. 260-10. Airport proximity and navigational hazard regulations. (A) See article 220 for special height limitations and Federal Aviation Administration (FAA) and Florida Department of Transportation(FDOT)review requirements. (B) See Chapter 333, Florida Statutes for additional height, land use, and zoning regulations in the vicinity of airports. (B) QProposed developments that produce light or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport/airplane navigation signals are subject to the standards specified in the FAA Procedures Manual 7400-2 G G, as amended, consistent with Sec. 333.03(3), Florida Statutes, as may be applied and enforced by the state and/or federal governments. (G)(Lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public airport or in the vicinity thereof. (1)(UNo operations of any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of the airport. (Eq_(F) Obstruction marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any structure (1) that has been classified by the FAA as an "obstruction to air navigation," or (2) measures over two hundred (200) feet above ground level, or 3) has been required to do so as a provisions of an FAA airspace determination shall install and perpetually maintain obstruction marking and lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460-114K and amendments thereto on such structure. This obstruction marking and lighting may include highly contrasting paint patterns, flashing red beacons, steady burning red obstruction lights or high-intensity obstruction lights. All required obstruction marking and lighting must be installed and perpetually maintained in accordance with Federal Aviation Administration Advisory Circular 70-7460-114K and amendments thereto. (G) No permit will be granted for any development or structure if the FAA or FDOT determines that the proposed development activity would endanger the landing, takeoff, or maneuvering of any aircraft-in violation of state or federal law. Federal Regulation 14 CFR Part 77 provides that FAA review will include review of obstructions that would affect airport facilities and also planned airport facilities or uses, or planned change in an existing airport facility or use. �H) Wildlife attraction. Any proposed development or the expansion of an existing development having the potential to attract wildlife shall not be permitted within a five thousand (5,000) feet radius of Fort Lauderdale/Hollywood International Airport unless the applicant can demonstrate that the development will not pose a hazard to aircraft operations. The City will discourage any use having the potential to attract wildlife within a radius of 10,000 feet of the airport,per FAA Advisory Circular. Runway Protection Zone (RPZ). The RPZ's function is to enhance the protection of people and property on the ground. This is achieved through airport owner control over RPZs. Such control includes clearing RPZ areas (and maintaining them clear) of incompatible objects and activities. Land uses prohibited from the RPZ are residences and places that are involve concentrations of people (places of public assembly, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations 17 ORDINANCE#2011-007 of persons.) Fuel storage facilities may not be located in the RPZ. This subsection shall prevail in the event of conflict with any other provision of the Land Development Code. (J) Educational facilities. Pursuant to Section 333.03(3) Florida Statutes, construction of any educational facility of a public of private school shall be prohibited at either end of a runway within an area which extends five (5) miles in a direct line along the centerline of the runway, and which has a width measuring one-half the length of the runwa. Consistent with Section 333.03(3), Florida Statutes, an exception approving construction of an educational facility within the delineated area shall only be granted if the City Commission makes specific findings detailing how the public policy reasons for allowing the construction outweigh health and safety concerns prohibiting such a location. Section 12. That Article 302 "Detailed Use Regulations" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 302. DETAILED USE REGULATIONS. Sec. 302-20. Conditions of use. (A) The following are the conditions of use that correspond to the numbers in the schedule of permitted, special exception and prohibited uses. (1) Two-family(duplex) dwellings may be constructed only on vacant lots that satisfy the minimum lot size criteria of eight thousand (8,000) square feet and minimum width requirement of eighty (80) feet, or are under common ownership with an adjoining vacant lot that, if combined, could satisfy the minimum lot criteria for a duplex dwelling. Any such lot occupied by a single-family dwelling cannot be converted or redeveloped for two-family dwelling use. (2) Multiple-family dwellings: (a) City Center District: apartments on ground story are permitted only on secondary streets, and primary streets outside of the city center core. (b) Neighborhood Residential District: multiple-family dwellings are permitted only on lots that were zoned RM, RM-1, RM-2, or RM-3 immediately prior to the adoption of this code, which is reflected on the new zoning map with an asterisk.(NBHD-RES*). Permitted building types for multiple-family dwellings are limited to mansion apartment house and rowhouse with porch, balcony over porch, stoop and dooryard frontage types. Maximum permitted height is three (3) stories for rowhouses and two (2) stories for mansion apartment houses. (c) All districts: In all districts where ground story apartments are permitted, they must be part of an apartment building of at least two (2) stories. 18 ORDINANCE#2011-007 Section 13. That Article 303 "District Development Standards" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 303. DISTRICT DEVELOPMENT STANDARDS. Sec. 303-100. Marine district. (A) Intent and purpose. The purpose of the Marine district is to further the goals of the CRA Redevelopment Plan, and to encourage expansion of the marine induspy by permitting marine uses which are primarily conducted within a building and which have limited impact outside the building. Some marine uses are permitted to be located outside of a completely enclosed building, subject to conditions or special exception approval. This district is also intended to permit some marine-related commercial uses, as either a permitted use or a special exception use. (B) Permitted uses (see article 110 for specific uses and conditions of used (C) Building placement standards: TR u A NNI .RY ryry i *The first ten (10) feet adjacent to any street or public thoroughfare line shall be landscaped and shall not contain parking **The first five(5)feet adjacent to any lot line shall be landscaped and shall not contain parking. Height: maximum of three(3) stories and twenty-five 40) feet. Percentage of lot coverage:no more than seventy (70)percent of total lot area shall be covered by buildings or structures. Section 14. That Article 705 "Violations and Penalties" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 705. VIOLATIONS AND PENALTIES. 19 ORDINANCE#2011-007 Sec. 705-10. Authority to enforce. The, city manager, city attorney and city commission, as applicable, shall designate city personnel and contractual agents of the city, who shall have the authority to enforce the provisions of the code, including the city's law enforcement agency which may treat violations as any it does other violations of city ordinances. Sec. 705-20. Method of enforcement. (A) Where it is found that any of the provisions of the code are being violated, enforcement proceedings may be initiated against the real property owner, the tenant if applicable, and any other person violating the provisions of the code as provided in the code of ordinances and as otherwise provided by law. Any enforcement procedure authorized by the code of ordinances, county or state law, may be used to enforce the provisions of the code. It shall be at the discretion of the city atterney to determine which method of enforcement is appropriate and whether more than one (1) method of enforcement should be brought, as provided by law. (B) Further, the city commission or city manager may authorize the city attorney to bring legal action in a court of competent jurisdiction. Section 15. 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 16. That the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section," "Article"or other appropriate word. 20 ORDINANCE#2011-007 Section 17. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on February 8,2011. PASSED AND ADOPTED on second reading on February 22, 2011. ��o�pRp'S FI�rC'f ATTEST: . 1 1 rLOUIISESTILSON, CM ,�` C. K. McELYETY CLERK MAYOR-COMMISSIONER APPROVED AS TO ORM AND CORRECTNESS: THOMA J. A SB O CITY ATTOP EY 21 ORDINANCE#2011-007