HomeMy WebLinkAboutO-2011-024 Amending Code of Ordinances and Land Development Code ORDINANCE NO. 2011-024
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO
AMEND THE CODE OF ORDINANCES AND LAND DEVELOPMENT
CODE BY AMENDING ARTICLE IX "HISTORIC PRESERVATION" OF
CHAPTER 8 "BUILDINGS" OF THE CODE OF ORDINANCES
CONCERNING THE CITY'S HISTORIC MARKER AND PLAQUE
PROGRAM; AMENDING ARTICLE 105 "USE REGULATIONS FOR
RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING
PERMITTED ACCESSORY USES AND STRUCTURES; AMENDING
ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-
USE DISTRICTS" CONCERNING PERMITTED USES IN ZONING
DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE
REGULATIONS; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS:
PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND
CONDITIONS OF USE" CONCERNING PERMITTED USES IN ZONING
DISTRICTS AND CONDITIONS OF USE; AMENDING ARTICLE 205
"TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL
ZONING DISTRICTS" TO AMEND DEVELOPMENT STANDARDS FOR
ZONING DISTRICTS; AMENDING ARTICLE 215 "SUPPLEMENTAL
REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND
OPEN SPACE" TO AMEND YARD AND IMPERVIOUS AREA
REGULATIONS; CREATING ARTICLE 221 "NOISE MITIGATION" TO
PROVIDE FOR NOISE MITIGATION REQUIREMENTS FOR RESIDENTIAL
PROPERTIES WITHIN ACCEPTED FEDERAL AVIATION
ADMINISTRATION LONG-RANGE NOISE EXPOSURE AREAS;
AMENDING ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS" TO
AMEND PARKING REQUIREMENTS FOR PROPERTIES WITHIN THE
DESIGN DISTRICT OVERLAY; CREATING ARTICLE 295 "VOLUNTARY
MOBILITY PROGRAM" IN ORDER TO PROVIDE FOR A MOBILITY
PROGRAM TO MANAGE VEHICULAR TRAFFIC DEMAND AND
SUPPORT MULTIMODAL TRANSIT; AMENDING ARTICLE 303
"DISTRICT DEVELOPMENT STANDARDS" TO AMEND DENSITY AND
DEVELOPMENT STANDARDS FOR THE CITY CENTER ZONING
DISTRICT; CREATING ARTICLE 330 "COMMUNITY FACILITIES (CF)
DISTRICT" TO ESTABLISH THE COMMUNITY FACILITIES ZONING
DISTRICT; AMENDING ARTICLE 505 "SIGN REGULATIONS"
CONCERNING REGULATIONS OF TRANSIT-RELATED SIGNAGE;
AMENDING ARTICLE 605 "GENERAL APPLICATION REQUIREMENTS"
TO IMPLEMENT THE VOLUNTARY MOBILITY PROGRAM; AMENDING
ARTICLE 610 "PUBLIC HEARING NOTICES" TO PROVIDE FOR
AMENDMENTS TO PUBLIC NOTICE MAILING REQUIREMENTS FOR
DEVELOPMENT APPLICATIONS; AMENDING ARTICLE 655
"VACATIONS OF RIGHT-OF-WAY" TO AMEND THE PROCEDURES FOR
RIGHT-OF-WAY VACATIONS; AMENDING ARTICLE 725 "DEFINITIONS"
TO AMEND DEFINITIONS RELATED TO MOBILITY PROGRAM,
DENSITY AND PERMITTED USES; PROVIDING FOR AMENDMENTS
THROUGHOUT THE LAND DEVELOPMENT CODE TO CORRECT
SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Article VIII, 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 thereof; 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, 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, 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 certain additional clarifications and
corrections to improve the Land Development Code; and
WHEREAS, in recognition of the value of the City's historic resources and their
contribution to the community's pride of place, amendments to Article IX "Historic
Preservation" of Chapter 8 "Buildings" of the Code of Ordinances is necessary to provide for
procedures for approval of historic markers and plaques to be located at historic buildings, sites
and landmarks within the City, and also to update the City's list of designated historic buildings
and landmarks; and
WHEREAS,to encourage development and redevelopment related to the design industry
within the City, Community Development Department staff desires to provide for supplemental
development regulations intended to facilitate the development and redevelopment of design-
related businesses located within the identified"Design District"overlay area; and
2 ORDINANCE#2011-024
WHEREAS, Community Development Department staff has identified amendments to
the Land Development Code which are necessary to provide for noise mitigation for residential
development located within the accepted Federal Aviation Administration long-range noise
exposure areas; and
WHEREAS, Community Development Department staff desires to clarify the use and
development standards applicable to accessory uses and structures located on property within the
City's residential and open space zoning districts; and
WHEREAS, further, clarifications and amendments regarding the permitted uses within
the City's commercial and mixed use zoning districts are necessary to address additional
commercial uses and to provide standards for such uses; and
WHEREAS, Community Development Department staff desires to clarify the list of
permitted uses within the City's industrial districts, and to provide for revised development
standards for property located within the IROM ("Industrial-Research-Office-Marine") and
IROM-AA ("Industrial-Research-Office-Marine Airport Approach") zoning district, and the
Design District Overlay area; and
WHEREAS, Community Development Department staff desires to provide for revisions
to yard, lot and bulk development standards within various zoning districts of the City; and
WHEREAS, Community Development Department staff recommends clarification of
public notice requirements for development applications in order to provide for efficient
administration of such requirements while maintaining public notice which informs property
owners and the public of pending development applications; and
WHEREAS, in an effort to improve travel in and through the City, consistent with the
city's on-going effort to improve liveability and support multi-modal transportation options,
Community Development Department staff desires to provide for a voluntary mobility program
to support implementation of multi-modal mobility strategies; and
WHEREAS, in support of the City's redevelopment goals within the City's core "City
Center district" of the Community Redevelopment Area, Community Development Department
staff recommends the amendment of density and development standards within this zoning
district; and
3 ORDINANCE#2011-024
WHEREAS, in support of the goal of encouraging multi-modal transportation,
amendments of the City's sign regulations are recommended in order to provide for signage
needed to support multi-modal transportation facilities; and
WHEREAS, additionally, Community Development Department staff recommends
amendments to clarify the procedure for vacation and abandonment of platted public rights-of-
way and easements; and
WHEREAS, in recognition of the need to establish regulations for community facility
uses consistent with the City's Comprehensive Plan, Community Development Department staff
recommends the re-establishment of the Community Facilities zoning district consistent with the
Future Land Use Element of the Comprehensive Plan; and
WHEREAS, Community Development Department staff has identified a need to clarify
the definitions within Article 725 "Definitions" of the Land Development Code related to
permitted density and specific land uses and to implement the additional amendments included
p tY p � p
in this Ordinance; 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 public hearings were held before the City Commission 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 IX "Historic Preservation" of Chapter 8 "Buildings" of the City
of Dania Beach Code of Ordinances is amended as follows:
24
ORDINANCE#2 11-4 0 0
ARTICLE IX. HISTORIC PRESERVATION
Sec. 8-155.1 Historic Marker and Plaque Program
The City's historic marker and plaque program recognizes the increased
value of its historic resources and the impact of their contribution to the
community's pride of place. This architectural heritage is an important
asset in the City's increasing attractiveness to visitors and investors.
This program was created as a way to promote the City's rich past and
recognize the investments made to preserve Dania Beach's heritage and
provide for a standard method, in the form of a metal standing marker
or wall mounted metal plaque,to displa the he significance of contributing
structures and sites.
(A) Historic Marker Program. The City's historic marker program
recognizes historic resources, persons and events that are significant in
the areas of architecture, archaeology, Florida or Dania Beach history,
and traditional culture by promoting the placing of historic markers at
sites of historical and visual interest to residents and visitors. The
purpose of the program is to increase public awareness of the rich
cultural heritage of the City and to enhance the enjoyment of historic
sites in Dania Beach by its residents and visitors.
(1) Subjects of Historic Markers.
a. The City encourages applications on subjects of
historically significant people, places, and events in the
City's history. Historic residential structures are more
adequately recognized by the Plaque Program discussed in
B below.
b. Unless there is sufficient documentary evidence to
establish authenticity, no markers shall be approved to
recognize "firsts".
c. Approval of markers recognizing persons shall be
considered only when the subject has been deceased for at
least twen -five (25) Years.
d. Markers reco ng izing events shall be considered only when
the event in question took place at least twenty-five (25)
years prior to the date of the application.
(2) Approval of historic markers for buildings, sites, or other
structures. Buildings sites or other structures should be at least fifty
(50) years old in order to be considered for a historic marker. Any
property previously designated historic by the City Commission
shall automatically be deemed eligible for placement of a historic
marker. The following_criteria shall apply to consideration of a
request for approval of a historic marker for a building, site or other
structure. Prior to approving a historic marker for a building, site or
5 ORDINANCE#2011-024
structure, the City Commission shall find that at least one or more of
the following criteria are met:
a. The site is associated with the events that have made
a significant contribution to the broad pattern of the
City's history_
b. The site is associated with the lives of persons no
longer living, who have made significant
contributions to the patterns of history and culture in
the city.
C. The site embodies the distinctive characteristics of a
type, style, period, or method of construction or
architecture, or is representative of the work of a
master, or that possesses high artistic value.
d. The site yields, or is likely to yield, information
important in prehistory or history_
e. The site is associated with ethnic groups who have
made distinctive and significant contributions to
history.
f. The site embodies the characteristics of the city
representing significant aspects of the physical or
natural history of the earth and its life.
(3) Location. The following criteria shall appl to o City Commission
approval of the location of a historic marker which is approved in
accordance with the standards of subsection (2) above:
a. The site selected for the marker must be accessible to
the public and visible from a public right-of-way,
b. An applicant requesting_placement of a marker within
a public right-of--way must obtain written approval
from the appropriate transportation official or
overning body with jurisdiction over that public
right-of-way.
c. If the marker is to be placed on private property, an
easement agreement that permits public access for as
long as the marker stands must be included as part of
the marker application, and approved as to form by
the city attorney_
d. The relocation of any city historic marker requires
approval of the City Commission.
e. Once a historic marker approved in accordance with
this section has been located or relocated, written
notification, including photographs, must be furnished
to the Community Development Department.
Application. The historic marker application package shall
provide the following information:
6 ORDINANCE#2011-024
a. A completed application. Application shall be made
using the most current form obtained from the
Community Development Department.
b. A signed easement agreement from the property
owner(s) of the posed marker site, if the marker is
located upon private property. The easement
agreement shall permit public access for as long as
the marker stands, and shall be approved as to form
by the city attorney,
c. The proposed text to be on the marker of
approximately one hundred words. The marker's
narrative text must be clear, concise and well
documented. The Community Development
Department reserves the right to request editorial
changes he or she considers necessary for accuracy
and to ensure that the marker serves its intended
purpose.
d. Historical documents regarding the person, building
or location, as applicable. It is vital that the facts and
assertions contained within the historical document
can be authenticated or verified.
e. The application package shall include at least two (2)
images of differing views of the posed marker site,
plus a least two (2) images if the marker subject is a
structure, at least one (1) image if the marker subject
is a person. Images should be submitted digitally. A
brief description of each image should also be
included. The submitted pictures will not be returned;
they will remain on file at the city:
(5) Ordering the Marker and Placement of the Marker. The City
shall administer the ordering of historic markers which are
approved in accordance with this section.
a. Costs of the installation of historic markers shall
generally be recovered from the recommending person
or organization. However, when municipal funds are
available the request may be funded by a matching
grant to defray half the cost of markers. The matching
grant will be approved by resolution of the City
Commission.
b. A marker application shall be approved by the City
Commission before the grant application may be
considered.
c. Use of the city seal is only permitted on a marker which
has been approved by the City Commission.
7 ORDINANCE#2011-024
1
d. A marker application must be approved by the City
Commission before the Cityplace the order for the
marker.
e. After the marker application is approved by the City
Commission, payment in full of the applicant's share
for the marker is required prior to the order being
placed with the marker foundry.
(6) Installation and Maintenance. The following requirements
shall apply to the installation and maintenance of historic markers
approved in accordance with this section:
a.The marker installation will be the responsibility of the
applicant.
b. Once the marker has been installed, the applicant shall
submit three (3) high-resolution digital images of the
marker and marker location to the Community
Development Department.
c. The applicant is responsible for maintenance and repair
of the marker, as well as replacement of the marker if
necessary.
(7)Restrictions.
a. The name of the current owner of the property or the name
of any living person cannot be listed on the marker.
b. Only sites approved by the City Commission may be
marked with a marker displayin the he city seal.
c. Buildings locations or sites already displaying a marker
are not eligible for a second marker.
d. No person may erect or use a marker which has not been
approved pursuant to this section and that is identical to or
misleadingly resembles the markers issued by the City.
(B) Historic Plaque Program. The City's residential architecture spans
several decades and the City s neighborhoods offer a unique look at
historic homes adapted by todaU's families and lifestyles. The plaque
program offers a way to identify these homes to the public.
(1) Applicability. Only properties that have been designated as a
historic building or landmark site by the City Commission
pursuant to Sec. 8-155 may apply for a historic plaque.
(2)Application A photo of the property shall be submitted to the
Community Development department with the application.
(3) Ordering Plaques. Before ordering the plaque, the owner must
comply with the following:
a. The owner shall obtain approval by the City Commission.
b. Upon approval of the historic plaque by the City
Commission the recipient shall sign a letter of agreement
with the Cif in which the owner agrees to provide for
continued maintenance of the historic plaque.
8 ORDINANCE#2011-024
(4) Costs. Costs of the installation of historic markers shall
generally be recovered from the requesting_person or organization.
However, when funds are available the request may be funded by
a matchiniz grant to defray half the cost of plaques. The
application for the plaque must be approved by the City
Commission before the grant application may be submitted.
Sec. 8-162. Designated historic buildings and landmarks.
The following properties in the City of Dania Beach are hereby designated as historic
buildings and landmarks:
A.J. Ryan House, 215 SW 6 Street
Crudup-Hansen House, 38 SW 5 Street
Ocean Waterway, 1500 W. Griffin Road
Private Residence, 101 SE 2 Street
Nyberg-Swanson House, 101 West Dania Beach Boulevard
Dania Woman's Club, 117 N.W. 1st Avenue
Bank of Dania, 2 South Federal Highway
Daniau h14 + i 180 E t Dania u hB l a
Hotel Poinciana, 141 N.W. 1 st Avenue
Martin C. Frost Residence, 400 South Federal Highway
Section 3. 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:
Sec. 105-60. Swimming pools.
(C) No part of a pool or pool deck may protrude more than six (6) inches above
the finished floor elevation of the principal building. This requirement shall
not applytporary above ground pools.
Sec. 105-80. Home occupations.
(C) The following home occupations are specifically permitted. The director may
permit additional home occupations upon determination that the home occupations
are consistent with this section.
(10) Home day care.
Section 4. That Article 110 "Use Regulations for Commercial and Mixed-Use
Districts" of the City of Dania Beach Land Development Code is amended as follows:
9 ORDINANCE 42011-024
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, 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
P(#) — permitted subject to
numbered footnote MIXED-USE DISTRICTS
A— permitted accessory use
only COMMERCIAL
SE — permitted special ZONING
exception use only DISTRICTS
M _Not permitted
USES CRA FORM-BASED
DISTRICTS
O V U ❑ _ LL ❑ to a CV co �t
W ai tU W2' V) 2 (D2Z2 U U U U
Catering establishments P P
Roadside vendors il
10 ORDINANCE#2011-024
I
Sec. 110-20. List of permitted, special exception and prohibited uses.
Legend E~
P—permitted a COMMERCIAL
P(#)—permitted subject to Z MIXED-USE DISTRICTS DISOTRICTS
numbered footnote
A—permitted accessory use CRA FORM-BASED DISTRICTS
only
SE—permitted special
exception use only
00
-Not permitted V
C7�
USES A 7 Z U U U U
Scooter or
motorized/electric car P P P P
rental [subject to Sec. JI —
110-2401
Elm
Sec. 110-50. Proximity of alcoholic beverage establishments to other establishments and
uses.
(A) The distance separation requirements of this section shall not apply to:
(1) The sale of beer for consumption off-premises; and
(2) Restaurants and cafes (including outdoor or open-air cafes specifically approved by
the city commission) serving beeran4 wine, and but no liquor, for consumption on
the premises only, that are located within the Community Redevelopment Area form-
based code districts.
Sec. 110-100. Hotels.
(A) Hotels shall comply with the following conditions:
(1) Guestroom access shall be via interior corridors.
(2) Individual wall or window mounted air conditioners (if used) shall not project
beyond any exterior wall of the building.
(3) Must have a minimum of 100 guess rooms.
Sec. 110-240. Motorized Scooter/Electric Car rentals.
11 ORDINANCE#2011-024
Motorized scooter or electric car rentals permitted by this section must be located on Federal
Highway or Dania Beach Boulevard. The business must distribute a pamphlet to renters on safe
operations of the rental vehicle. Outdoor display at such uses requires a special exception, in
accordance with article 630.
Section 5. 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
IROM-
USES IROM AA IROC IRO IG IR PEDD MA-1
• ,
Catering P P P P P P
establishments
Roadside vendors
Outdoor sales,
leasing rental, 17 73 17
display of new and 74 79 73, 79
used boats and
marine vessels
1
Commercial
recreation facilities SE (46) SE
(indoors)
Crop raising and
Plant nursery P
(commercial and —
non-commercial
Indoor private sports
or athletic training P
facility without
spectator seating
Parking garage P P
Recreational P
facilities
follows:
Section 115-40. Schedule of permitted uses.
12 ORDINANCE#2011-024
Sec. 115-50. Conditions of use.
75 Provided the area is secured and screened by an opaque fence or wall chain link
with slat not permitted) with a 10' wide landscape buffer with a continuous hedge
and a tree planted every 40 linear feet and is separated from adjacent roadways or
right-of-ways by landscaping pursuant to the requirements of Article 275
"Landscaping Requirements". The fence or wall must be located on the inside of
the landscape buffer area.
76 Provided the area is secured and screened by an opaque fence or wall (chain link
with slat not permitted) with a 10' wide landscape buffer with a 5 foot high
meandering or winding berm along the front property line and a 3 foot high
meandering or winding berm along the side and rear property lines. The berm
shall also have a continuous hedge screen with a minimum height of 3 feet on top
of the berm and trees planted every 40 linear feet. The opaque fence or wall must
be located on the inside of the landscape buffer area. Properties larger that 5 net
acres shall provide a 15 foot wide landscape buffer with a 5 foot high meandering
or winding berm along the front property line.
77 A 15' wide landscape buffer with a 5' high meandering or winding berm and an
opaque fence or wall (chain link with slat not permitted) ep-wall-equaling 8' total
height is required adjacent to residentially zoned or used land. The fence or wall
must be located on the inside of the landscape buffer area.
Section 6. 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.
Sec. 205-10. Schedule of lot,yard and bulk regulations.
*Excluding the CRA form-based districts (see part 3 of code)
13 ORDINANCE#2011-024
LOT DENSITY BULK YARD
(D) MINIMUM MAXIMUM MAXIMUM MINIMUM
INDUST
RIAL c
DISTRIC f0
TS a� c
a)
U- U (0ca
Y N
3
N a) a cu
� ^ O
D p v N a) N N
v - Z 2
fl. C � d 0 w (0 C c
a) 0IROM
Greater
Greater of 20 or Greater Greater Greater of 50
of 30 or '/2 of 20 or of 30 or or 1x
1/2buildin
N/A N/A N/A N/A 70 1x buildin 1x 9
56/62 70 buildin g buildin building height
g height g height
height ea. height
side
I ROM- Greater
AA
Greater of 20 or Greater Greater Greater of 50
of 30 or '/ of 20 or of 30 or or 1x
N/A N/A N/A N/A 70 1x buildin '/2 1x building
56/62 70 buildin g buildin building height
g height g height
height ea. height
side
14 ORDINANCE#2011-024
(C) RO AND LOT DENSITY BULK
COMMERCIA MAXIMU
L MINIMUM M MAXIMUM
DISTRICTS
0
C
2
(� UCU
a) a) N
Y C f0
} 0 N
LL p N =3
co
N p C > CL
N
Q p p Q 2 U E d
RO
(subject to 2 2/2 n ***
[1/e n/a
sec. 110 5 74 85 ,
180
2/3
C-1 15,000 10 15 N/A 5 65 79
s.f. 0 0 3/4 50 75
0
C-2, C-3, C- 2/3
4 4,000 30 90 NIA 5 70 :78 ***
s f, 3/4 70 75
0
15 ORDINANCE#2011-024
(D) LOT DENSITY BULK
INDUSTRIAL
DISTRICTS MINIMUM IVMMUIV MAXIMUM
o
U
N cn N
u D c
cn v O C
�. cLo
co a c rn a�
a� > a a�
Q Q I U
IRO 87,120 200 n/a n/a 5/62 60 68
80
I-R 10,000 7 1
***
5 00 n/a 3/35 50 95
80
I-G 20,000 100 150 n/a n/a35 70 79 ***
80
IROC N/A N/A N/A N/A 5/62 70 70 ***
80
PEDD None None None N/A Per None None ***
FAA
MA-1 5,000 100 50 N/A NA/ 70 7S ***
62 80
IROM N/A N/A N/A N/A 5/62 70 70 ***
80
16 ORDINANCE#2011-024
Section 7. That Article 215 "Supplemental Regulations for Yards, Lot
Coverage, Impervious Area and Open Space" of the City of Dania Beach Land
Development Code shall be amended as follows:
Sec. 215-50. Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-
8000, RS-6000, NBHD-RES, and RD-8000 Districts.
(I) Driveways shall not be located within five-(5) two 2 feet of an interior side lot
line.
Sec. 215-130. Impervious area standards.
(A) Maximum allowable impervious area. To effectively provide for the drainage of
stormwater the area of land covered by buildings, structures and impervious
surfaces shall not exceed seventy (70) p ei4 for- industfial and eemmer-eial uses
uses, 63% for open space, residential and
mobile home zoning districts, 75% for commercial, 80% for industrial and 85%
for residential office zoning districts, excluding the CRA form-based zoning
districts for which open space standards are provided in the district regulations of
article 303. PEDD requirements are provided in the district regulations in article
320.
Section 8. That Article 221 "Noise Mitigation" shall be created within the City
of Dania Beach Land Development Code to read as follows:
ARTICLE 221. NOISE MITIGATION.
Section 221-10. Noise Mitigation.
(A) Residential properties located within the 60+ DNL noise contour shown on the most
recent FAA accepted long range noise exposure contours for the Fort Lauderdale-
Hollywood International Airport shall be subject to the following requirements:
(1)A application for a building_permit for a new residential dwelling unit or an
existing residential structure making a substantial improvement to the main
living structure or unit, as defined in sec. 725-30, shall provide
evidence that appropriate noise mitigation measures will be provided in order
to achieve a maximum indoor level of forty-five decibels (45 dB).
(2) The application for residential building_permit shall provide a certified
engineered program identifying ing existing conditions, methods to be utilized,
and the impact of each proposed up r ade.
Section 9. That Article 265 "Off-Street Parking Requirements" of the City of
Dania Beach Land Development Code shall be amended as follows:
17 ORDINANCE#2011-024
ARTICLE 265. OFF-STREET PARKING REQUIREMENTS.
Sec. 265-50. Off-street parking required; on-street parking credit.
(D) Abbreviations used in the off-street parking requirement table.
CSA=customer service area
Pkg=parking
Requ. =requirement, required
I/B =inbound
O/B =outbound
Schedule of minimum off-street parking requirements
Minimuni Off-Street Parking Requirement
34 Furniture, large One (1)per five hundred (500) sf
appliance, or decorator
showroom One (1) per six hundred (600) s.f if
located in the Design District over la
Section 10. That Article 295 "Voluntary Mobility Program" of the City of Dania
Beach Land Development Code shall be created to read as follows:
ARTICLE 295. VOLUNTARY MOBILITY PROGRAM.
Sec. 295-10. Generally.
(A) Intent Maintaining and improving travel in and through the city is an important
responsibility and consistent with the city's on-going effort to improve liveability
and support transportation options Broadening the previous focus on motorized
vehicular travel to include transit bicycle and pedestrian movement is a key
objective in accomplishing, this goal since increasing the number of
transportation options reduces demand for any one option. This approach is
viewed as an aid in managing increasing vehicular traffic demand, but will also
support broader diversity within the City and offer healthy lifestyle choices by
providing infrastructure that supports active transportation modes. This section
institutes a policy to encourage development projects to utilize, incorporate and
extend mobility options to its users and the general public through
implementation of various voluntary design features and techniques that facilitate
or enhance multimodal transportation options. The voluntary mobility program is
a multimodal transportation program that is consistent with and implements
Broward County's and the State of Florida's multimodal efforts, and the
Transportation Element of the city's Comprehensive Plan.
18 ORDINANCE#2011-024
(B) Opportunity. Development applicants that would otherwise be required under
this Code, to complete a traffic impact study or other traffic analyses as a part of
their development application are offered the opportunity to instead choose to
identify, in conjunction with City staff, right-sized mobility improvements from a
non-static list of pre-approved mobility improvements that enhance the mobility
of the city and are physically and financially feasible A development applicant
mawpropose original mobility improvements which are consistent with
citywide mobility goals and approved by the director. Upon meeting with the
gpplicant and review of the applicant's proposed mobility improvements the
director, with input from the City's transportation consultant shall determine
whether the proposed improvements will substantially address the transportation
impacts of the proposed development.
(C) Definitions. The following terms, as used in this Article shall have the meanings
given below:
(1) "Programmatic mobility improvements" consist of programs and strategies
that support mobility. They may be citywide or may primarily impact a subcomponent of
the city's physical area or population. Programmatic mobility improvements may operate
both within and outside of city boundaries.
(2) "Capital mobilily improvements" or non-programmatic mobility
improvements may take the form of physical mobility improvements or may consist of
the maintenance of physical mobility improvements, or may be in the form of operational
mobility improvements or the maintenance of operational mobility improvements.
Sec. 295-20. Location of mobility improvements.
Mobility improvements may be located off-site or on-site. Off-site mobility
improvements may be located within the right-of-way of the local roadway network or
within the rijzht-of-way of roadways designated in the Broward County Trafficways Plan
with required County and state approval if applicable. Off-site mobility improvements
may also be located on adjacent or nearby private property, with the approval of the
property owners . Mobility improvements may be programmatic or capital as defined
herein.
Sec. 295-30. Support for established mobility improvements.
Where the city has established a need for a capital or programmatic mobility
improvement, development projects may contribute funding toward such improvements.
The director may also accept contributions to mobility improvements which are
determined to be consistent with citywide mobility goals and the adopted Mobility
Program Guidelines.
19 ORDINANCE#2011-024
Sec. 295-40. Mobility Program Guidelines
A detailed description of the voluntary Mobility Program and the streamlined
development approval process associated with this option is provided in Mobility
Program Guidelines, a handbook published and maintained by the Department of
Communily Development.
Sec. 295-50. Enforcement.
(A) Off-site improvements. To ensure implementation of agreed-upon off-site capital or
programmatic mobility improvements at the time of application for the first principal
building permit for a development participating in the voluntary mobility program the
applicant shall post a performance bond letter of credit or other form of surety Lapproved
by the city attorney in the amount of 125% of the estimated cost to construct or
implement city-approved mobility improvements in compliance with the a reg ed-upon
terms of the improvement or enhancement, regulations of the City, and any other
permitting agencies. However, in the event that the director determines that all of the
agreed-upon off-site mobility improvements have been completed prior to the time of
application for the first principal building_permit for a development participating in the
program, this surety requirement may be waived. If, at the deadline established in the
agreed-upon terms of the improvements, all a reg ed-upon improvements have not been
fully implemented, the issuer of the performance bond shall forfeit an amount equal to
125% of the remaining cost to complete implementation.
(B) On-site improvements. The director shall ensure implementation of agreed-upon
mobility improvements which are located on the development project site by requiring
that such improvements be completed prior to the issuance of a certificate of occupancy
for any principal building_
Sec. 295-60. Acceptance of mobility improvements, and release of performance
bond.
A mobility improvement shall not be deemed to be accepted b, testy until all agreed-
upon improvements, maintenance or enhancement work is determined by the director to
be complete. Acceptance of a capital mobility improvement shall occur three hundred
sixty-five (365) dqys after the date that the improvement passes all final city inspections.
In the case of a programmatic mobility improvement or a mobility improvement
involving_ongoing obligations for maintenance or future performance tasks, the date of
city acceptance for such improvement shall be as provided in the a reg ed-upon terms of
the improvement. Upon the date of city acceptance, the director shall provide for the
release of the performance bond or other surety.
Section 11. That Article 303 "District Development Regulations" of the City of
Dania Beach Land Development Code shall be amended as follows:
20 ORDINANCE#2011-024
Sec. 303-40. City center(CC) district.
(A) Intent and purpose: to establish a mixed use downtown with transit supportive
densities and intensities where citizens can work, live, and shop in the economic,
governmental, entertainment and cultural focal point of Dania Beach. This district is
designed to encourage accessible, active, pedestrian-oriented areas within walking
distance of a prospective transit station on the FEC railway.
(B) Density: max. 50 du/ac by right; up to 44W 150 du/ac with density bonus (see
article 305).
Section 12. That Article 330 "Community Facilities District" of the City of
Dania Beach Land Development Code shall be created to read as follows:
ARTICLE 330. COMMUNITY FACILITIES DISTRICT(CF)
Sec. 330-10. Purpose.
The Community Facilities zoning district is intended to accommodate land uses
providing_governmentally owned or operated services and facilities, public or private
health-related facilities, cemeteries, educational and cultural facilities and certain not-for-
profit organizational services.
Sec. 330-20. Uses permitted.
(aa,) Accessory dwelling [see subsection 330-40(a)l
Auditoriums
(c) Child care center,pre-school or adult day care, including commercial facilities
[see subsection 330-40(b)1
(dd,) Civic and cultural center
U Special residential facilities [see subsection(c)l
(�f Courts facilities
(g) Educational centers [see subsection (d)]
Essential services
Q Fire protection facilities
Governmental administrative offices
Library, museum, art gallery and other such exhibitions
Special residential facilities [see subsection (c)]
Parks,public
U Police protection facilities
(o) Rehabilitation centers
(12) Water and wastewater treatment plans and pumping stations
(q) Wireless communication facilities (see Article 835)
Sec. 330-30. Special exception uses.
(a) Health clinics
(121 Hospitals
(c) Institutions for the homeless or indigent Lsee subsection(e)]
21 ORDINANCE#2011-024
Sec. 330-40. Limitation of uses.
(a) Accessory dwellings. Accessory dwellings for caretaker or security quarters for
the property where the dwelling is located shall be permitted, subject to the
availability and allocation of reserve units in accordance with the Future Land
Use Element. Each dwelling unit shall not exceed one thousand five hundred
(1,500) square feet in gross floor area or fifty percent (50%) of the gross floor
area of the building where the unit is located, whichever is less, and shall not be
less than four hundred (400) square feet in gross floor area. Such dwelling unit
shall be located within the building to which the dwelling is accessory, on an
upper story of the building_
Child care centers and pre-schools. All child care centers and pre-schools shall
be designed to accommodate an outdoor play area that is separated and buffered
from off-street parking areas, drive aisles, streets and alleys. Such play areas shall
be completely enclosed with a fence at least five (5) feet in height.
Lc) Special residential facilities. Density for special residential facilities shall be
calculated as two (2) bedrooms equals one dwelling unit. The Future Land Use
Element shall determine the maximum permissible density for such use. If the
proposed facility is not within an area designated residential by the Future Land
Use Element, any such proposed facility will be subject to availability
allocation of reserve units.
Educational centers. Educational centers may have dormitory facilities as an
accessory use.
Cej Institutions for the homeless or indigent. Such institutions may include shelters
for housing, kitchen and dining facilities, rehabilitative, medical emergency,
medical and dental outpatient facilities, counseling and administrative offices.
Such facilities shall be separated from any residentially zoned district by
minimum of five hundred(500) feet.
Sec. 330-50. Development regulations.
(a) Plot size. The minimum plot size shall be thirty thousand (30,000) square feet
with one hundred fifty(150)feet of property frontage on all streets.
Height. Maximum height of buildings and structures shall be as follows:
1. No building or structure located within two hundred (200) feet of any plot
zoned for detached one-family dwellings, two-family dwellings or
townhouses shall be constructed to a height exceeding two 2) stories.
2. A building or structure may be constructed to a height of four (4) stories,
provided the building is located more than two hundred (200) feet from
any plot zoned for detached one-family dwelling, two-family dwelling or
townhouse.
3. A building or structure may be constructed to a height of ten (10) stories,
provided the building is located more than five hundred (500) feet from
any residentially zoned plot.
(c) Setbacks and buffers. The minimum setback for the construction or erection of
any building or structure, except fences and walls, in any CF zoning district,
which is contiguous to a residentially zoned plot shall be one hundred (100) feet,
unless a greater setback is required for a specific use in this article. A landscape
22 ORDINANCE#2011-024
buffer as required shall be provided within the setback area, including a visual
barrier in the form of a fence (chain link with slats is not permitted) wall or hedge
a minimum of six (6) feet in height constructed or planted and maintained as
require by this code.
Section 13. That Article 505 "Sign Regulations" of the City of Dania Beach
Land Development Code shall be amended as follows:
Sec. 505-20. Definitions.
Directional or instructional sign. A sign erected on private property, or within public
right-of-way or on public property as specifically provided for a facility licensed with the
City giving for the purpose of providing directions or instructions for vehicles traversing
the premises, pedestrians or users of multi-modal transportation; on ••-hieh it is leeatea
multi-modal transportation facility ownership and operational directions; orientation
mqps and related information, but sha4l and not containing any advertising or commercial
copy_ , Such signsy include, but are not limited to, signs indicating parking, exit,
entrance, loading enly, indicating directions within a development premises, signs
providing_pUment instructions for public parking or multi-modal transportation facility
usage, or telephone signs identifying transportation facilities and routes).
Multi-modal transportation facility. A permanent facility approved through license by
the City, located within the public right-of-way or upon public or private property, and
used for the storage of vehicles which are utilized in a city-wide rental and sharing
system for such vehicles.
Multi-modal transportation information sign. A sign specifically provided for as part
of a license with the City for a designated multi-modal transportation facility, which is
attached to said facility for the purpose of providing information for users of the facility,
and information identifying sponsors of the facilfty ors system.
Vehicle sign. Any sign attached to or placed on a vehicle, including automobiles, trucks,
boats, campers, and trailers,that is parked on or otherwise utilizing a public right-of-way,
public property or on private property so as to be intended to be viewed from a vehicular
right-of-way for the purpose of providing advertisement of products or services or
directing people to a business or activity. This definition is not to be construed to include
those signs that identify a firm or its principal products on a vehicle or such advertising
devices as may be attached to and within the normal unaltered lines of the a vehicle of a
transit carrier holding a business tax receipt, or a vehicle which is offered for temporary
rental throu hg a citywide rental and sharing proms when and during that period of time
such vehicle is regularly and customarily used to traverse the public highways during the
normal course of business. Nor shall it include signs affixed to vehicles identifying the
make and model of the vehicle.
23 ORDINANCE#2011-024
Sec. 505-30. General signage regulations.
(I) Signsmay be displayed on multi-modal transportation facilities in accordance with the
following_requirements:
(1) A single multi-modal transportation information sign, including no more than
two 2) sign faces of not more than 30" by 30" in area per sign face per facility,
may identify ponsors of the facility and system on one sign face. The sign faces
shall be oriented towards users of the multi-modal transportation facility and not
toward the motorized vehicle traffic.
(2) No more than four (4) additional single-faced multi-modal transportation
information signs, of not more than one square foot in area per sign, may be
attached to the multi-modal transportation facility.
(3) Directional or instructional signs may be attached to the multi-modal
transportation facility, provided that the total square footage shall not exceed ten
(10) square feet in sign area for all such signs, and any individual directional or
instructional sign attached to the facility shall not exceed a maximum of four (4)
square feet in sign area.
(4) The signs permitted by this subsection shall not be illuminated and shall not
include any flashing, moving, digital, video display or electronic changeable copy
features.
Sec. 505-40. Prohibited signs.
(X) Bus bench and bus shelter signs emeept as , and other signs on transportation
facilities, unless specifically provided for throughcvntfaet the license with the city o*
for the facility at designated bus stepstransit stops and multi-modal transportation
facilities. and4In no event are such signs allowed in residentially zoned areas.
Section 14. That Article 605 "General Application Requirements" of the City of
Dania Beach Land Development Code shall be amended as follows:
Sec. 605-30. Application submittal requirements.
The community development director shall establish standardized application submittal
requirements for each type of development application, which shall at a minimum include
the following.
(K) A traffic impact study is
required to supplement a development application that, if approved, would
generate in excess of 25 gross peak hour trips ac-eeding
24 ORDINANCE#2011-024
to the based on applicable trip generation rate(s) in the Institute of Transportation
Engineers' Trip Generation M Trip Generation manual, most recent edition. The
requiFemeat for- a- traffic impact study shall be based upon the ,,;ty
development direeter-'s detefminatien that additional infeFmation is appropriate
with regard to any or- all of the following: prepared using the roadway level of
service standards and trip generation rates. A traffic impact study shall be
pared in accordance with methods outlined in Transportation Impact Analysis
for Site Development: An ITE Recommended Practice (RP-020D) PI blished by
the Institute of Transportation Engineers in 2010. A memorandum of agreement
summarizing the study's proposed project-specific methodology, including any
deviations from guidelines contained in the Recommended Practice, must be
approved in writing y the director prior to preparation of the study. Additional
information ma, b� e required by the director if deemed necessary for review of the
application's traffic impacts. The memorandum of agreement and the traffic
impact study must be prepared by professional engineer (PE) registered in the
State of Florida, a Professional Transportation Planner (PTP) certified by the
Institute of Transportation Engineers(ITE), or a planner certified by the American
Institute of Certified Planners (AICP).
(3) On site and off site eCirEulatio ,i , inel,,.aing bu4 of limited t6: petentia4
eenfliets between > >
staeking > aeeessibility of garbage duWsters to eelleetion vehieles; ,
(5) Off site roadway impaets, ineluding these, ,nt neighbor-hoods.
(6) The e n tom. development dire.ter- .,, waive all ., paFt of the tr- f'f e
Section 15. That Article 610 "Public Hearing Notices" of the City of Dania
Beach Land Development Code shall be amended as follows:
ARTICLE 610. PUBLIC HEARING NOTICES
Sec. 610-30. Detailed notice provisions.
(C) Mail Notices.
(1) The mail notice radius in table 610-20 shall be measured from the boundaries
of the land that is the subject of the application
(2) Mail notice shall be sent by U.S. Mail to the following; eeffi '^^te ^f mailing,
Of fiffn mailing:
25 ORDINANCE#2011-024
(a) the owner(s) of the subject property(ies), as well as the petitioner(s); and
(b) the persons shown on the current tax rolls of Broward County to be the
respective owners; or
(c) in the case of a condominium, notice shall be sent to the board of
directors of the applicable condominium association.
(d) Mail notice shall only be required to owners of land located within the
city's boundaries.
Section 16. That Article 655 "Vacations of Right-of-Way" of the City of Dania
Beach Land Development Code shall be amended as follows:
ARTICLE 655. VACATIONS OF RIGHT-OF-WAY.
Sec. 655-30. Application processing.
(A) Any pefsen requesting a vaeafien must submit the appropriate appliea4i ,
and fee to the eemmunity development departfnefA. Before an_y street, alley or other
public place appearing on any plat of record and dedicated to the public use can be
vacated or abandoned, the person or parties so desiring the vacation or abandonment shall
make application to the community development department for such vacation and
abandonment. The application shall be made on an application form as provided by the
community development director, and the applicant shall submit all required
documentation and pay a fee as adopted by the city commission.
(B) The community development director shall prepare a report after reviewing the
application.
(C)Public notice shall be made in accordance with article 610.
The eity eenunission shall
blie hearing and shall deeide on the r-equest
after considering the J ' staff findings,
hearing. in order- fer- the eity - . . to appFove the vaeation, it must waive the
replatting es >errient of the eity ehaften Tere"estwaiver- be pr-eeessed
eeneuffently with the petition for vaeat No platted street, alley or other property
dedicated to the public use shall be vacated or abandoned except by a new plat submitted
to and approved by the city commission, showing the condition of the area after such
vacation and abandonment; however, if it is determined by the city commission that the
submission and approval of such new plat would cause an undue hardship to the property
owner requesting`such a vacation or abandonment, the submission and approval of such
new plat may be waived by the city commission.
(E) All vacation applications shall be processed as ordinances of the city in accordance
with the applicable city and state requirements. The application shall be referred to the
city planning and zoning board for its recommendation.
Sec. 655-40. Review criteria; city commission action.
(A) The city commission shall hold a public hearing on the application, with notice
published once in a newspaper of general circulation published in the City and as
provided in Article 610, at a regular meeting of the city commission. The public hearing
26 ORDINANCE#2011-024
shall be held following not less than thirty(30) days after the presentation of the
application to the planning and zoningbard. The city commission shall eend �t
publie hearing and shall decide on the request after considering the application, staff
findings, and information presented at the public hearing. The city commission may
approve, approve with mitigating conditions, or deny an application to vacate right-of-
way or the city's interest in an easement based upon the following criteria:
(1) Whether the vacation will adversely affect access to neighboring properties.
(2) Whether the subject right-of-way or easement is needed for any public
purpose.
(B)Notice of the passage of such an ordinance by the city commission shall be published
one time, within thirty (30) days following its passage, in one issue of a newspaper of
general circulation published in Broward County. Proof of publication of public
notification, the adopted ordinance, and the proof of publication of the notice of the
passage of such ordinance shall be recorded in the public records of Broward County,
Florida, with certified copies of same to the board of county commissioners and the
property appraiser of Broward County, Florida.
Section 17. That Article 700 "Code Administration" of the City of Dania Beach
Land Development Code shall be amended as follows:
Sec. 700-150. Authority of city commission to name, rename, number or renumber
roads, alleys, etc.
The city commission is authorized and empowered to name or number any road,
subdivision street, alley or other thoroughfare within the city limits and to change such
names or numbers. The eemmu ity development ghee*^ fire marshal is authorized to
designate and issue house numbers for properties abutting upon such roads, subdivision
streets, alleys or other thoroughfares.
Section 18. That Article 725 "Definitions" of the City of Dania Beach Land
Development Code shall be amended as follows:
ARTICLE 725. DEFINITIONS.
Sec. 725-30. Terms defined.
Any term not defined in this section shall have the meaning given by the most recent
edition of Webster's Unabridged Dictionary.
Density. The result of the number of dwelling units on a lot divided by the area of the
lot expressed in acres. The aer-eage f land area used in density a le lotions shall bgross
0 o ,file landarea, unless ether-wise eifie re i these r-egulntiens 27 ORDINANCE#2011-024
Density, permitted. The acreage of land area used in density calculations shall be the
gross acreage of the land area, plus half of the adjacent right-of-way, unless otherwise
specified in this Code.
Roadside vendor. A non-permanent vendor of merchandise or food located within or
adjacent to a public right-of-way, the primary source of customers for which is generated
from passingtraffic.
affic.
Section 19. 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 20. This Ordinance specifically repeals and replaces Ordinance
Number 2011-014, which created Section 9.70 of Chapter 28 "Zoning" of the Code of
Ordinances. All other ordinances or parts of ordinances in conflict with this Ordinance
are repealed to the extent of said conflict.
Section 21. 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.
Section 22. That this Ordinance shall take effect immediately at the time of its
passage and adoption.
PASSED on first reading on July 12, 2011.
PASSED AND ADOPTED on second reading on August 9, 2011.
ATTEST:
r Jd-4 r
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
OaowA�s
APPROVED AS TO ORM AND CORRECTNESS:
THOMA J. N BRO
CITY ATT EY
quo 1904
28 ORDINANCE#2011-024