HomeMy WebLinkAboutO-2012-008 Land Development Code 4th Text Amendment ORDINANCE NO. 2012-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND
THE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE BY
AMENDING ARTICLE III "GARAGE SALES" OF CHAPTER 21 "SALES AND
AUCTIONS" OF THE CODE OF ORDINANCES, CONCERNING
REGULATIONS OF GARAGE SALES; AND AMENDING THE LAND
DEVELOPMENT CODE BY AMENDING ARTICLE 105 "USE REGULATIONS
FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING
REGULATIONS OF OUTDOOR STORAGE CONTAINERS, COMMUNITY
RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES; 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 INDUSTRIAL ZONING DISTRICTS AND CONDITIONS
OF USE; AMENDING ARTICLE 205 "TABULAR SUMMARY OF SITE
DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" TO PROVIDE
DEVELOPMENT STANDARDS FOR THE OPEN SPACE (OS) ZONING
DISTRICT; AMENDING ARTICLE 265 "OFF-STREET PARKING
REQUIREMENTS" TO AMEND OFF-STREET PARKING REGULATIONS, AND
REQUIREMENTS OF THE PAYMENT IN LIEU OF PARKING PROGRAM;
AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" CONCERNING
PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES WITHIN THE
COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING
DISTRICTS; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT
STANDARDS" TO PROVIDE FOR AMENDED DEVELOPMENT STANDARDS
WITHIN THE CITY CENTER FORM-BASED ZONING DISTRICT; CREATING
ARTICLE 307 "LANDSCAPING REGULATIONS" CONCERNING
LANDSCAPING REQUIREMENTS WITHIN THE COMMUNITY
REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS; CREATING
ARTICLE 511 "INDUSTRIAL DESIGN STANDARDS" TO ESTABLISHMENT
DESIGN REQUIREMENTS FOR INDUSTRIAL DEVELOPMENT; AMENDING
ARTICLE 610 "PUBLIC HEARING NOTICES" TO PROVIDE FOR
AMENDMENTS TO PUBLIC NOTICE REQUIREMENTS FOR DEVELOPMENT
APPLICATIONS; AMENDING ARTICLE 620 "ADMINISTRATIVE
VARIANCES", CONCERNING AUTHORIZED ADMINISTRATIVE
VARIANCES; AMENDING ARTICLE 675 "TEMPORARY USE AND SPECIAL
EVENT PERMITS" TO AMEND THE PROCEDURES AND REQUIREMENTS
FOR REVIEW AND APPROVAL OF TEMPORARY USES AND SPECIAL
EVENTS; AMENDING ARTICLE 725 "DEFINITIONS" TO AMEND THE
DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; AMENDING
ARTICLE 805 "CONCURRENCY DETERMINATIONS" TO AMEND
STANDARDS REGARDING PUBLIC SCHOOL CONCURRENCY TO PROVIDE
FOR CONSISTENCY WITH THE INTERLOCAL AGREEMENT FOR PUBLIC
SCHOOL FACILITY PLANNING IN BROWARD COUNTY; 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 Code; and
WHEREAS, in implementing the new Code, City Community Development
Department staff identified the need to adopt certain additional amendments, to correct
scrivener's errors and provide for clarifications; and
WHEREAS, in order to provide for standards and procedures for review and
approval of garage sales within the residential, commercial and industrial districts of the
City, Community Development Department staff has proposed amendments to Chapter
21 "Sales and Auctions,"Article III "Garage Sales"; and
WHEREAS, in order to provide for standards related to the use and location of
outdoor storage containers, Community Development Department staff has proposed
amendments to Section 105-90 "Outdoor Storage Containers" of the Code; and
2 ORDINANCE#2012-008
WHEREAS, Community Development Department staff has identified
amendments to the Code which are necessary to provide for clarification regarding
zoning district locations and applicable standards for community residential homes and
residential care facilities; and
WHEREAS, further, clarifications and amendments regarding the permitted uses
within the City's commercial and mixed use zoning districts are necessary to address
commercial uses and to provide standards and conditions for such uses; and
WHEREAS, Community Development Department staff desires to clarify the list
of permitted uses within the City's industrial zoning districts, with regard to indoor and
outdoor sales and display of merchandise and equipment, and to provide for applicable
conditions for such uses; and
WHEREAS, Community Development Department staff desires to provide for
revisions to yard, lot and bulk development standards within the Open Space zoning
district of the City; and
WHEREAS, in an effort to facilitate redevelopment within the Community
Redevelopment Area ("CRA") zoning districts of the City, Community Development
Department staff recommends amendment of the requirements for the use of municipal
parking and participation in the City's payment in-lieu of parking fee program; and
WHEREAS, Community Development Department staff further recommends
clarification of applicable standards concerning off-street parking requirements; and
WHEREAS, to promote development and redevelopment within the CRA zoning
districts of the City, Community Development Department staff recommends
amendments and clarifications regarding permitted principal and accessory uses within
the CRA zoning districts; and
WHEREAS, in support of the City's redevelopment goals within the City's core
"City Center district" of the CRA, Community Development Department staff
recommends amendment of the height standard within this zoning district; and
WHEREAS, in an effort to facilitate redevelopment and prevent hazards to
public health and safety which may be created by unmaintained vacant properties,
Community Development Department staff recommends adoption of maintenance and
3 ORDINANCE#2012-008
restoration standards for vacant non-residential properties located along principal arterials
within the CRA form-based zoning districts; and
WHEREAS, in order to promote development and redevelopment of industrial
properties to ensure that such uses shall be compatible with nearby uses, and to provide
for architectural design which discourages "big-box" structures and achieves the aesthetic
goals of the City of Dania Beach, Community Development Department staff
recommends adoption of design standards for new construction located on industrially-
zoned properties throughout 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, Community Development Department staff recommends
amendment to the administrative variance procedures in order to allow for an
administrative variance to be approved to permit the decorative finished side of a fence to
be placed facing the interior of a lot; and
WHEREAS, Community Development Department staff further recommends
amendment of the temporary use and special event review procedure, in order to provide
for efficient administration of such requirements, and for review criteria for such
applications; and
WHEREAS, Community Development Department staff has identified a need to
amend the definitions within Article 725 "Definitions" of the Code related to specific
uses, and to implement the additional amendments included in this Ordinance; and
WHEREAS, Community Development Department staff has further identified a
need to amend the standards for public school concurrency determinations, in order to
provide for consistency with the current Interlocal Agreement for Public School Facility
Planning in Broward County; 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
4 ORDINANCE#2012-008
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 III "Garage Sales" of Chapter 21 "Sales and Auctions"
of the City of Dania Beach Code of Ordinances is amended as follows:
ARTICLE III. GARAGE SALES
Sec. 21-41. Definitions.
As used in this article:
Garage sales shall mean and include all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," of any other similar casual sale of tangible
personal property which is advertised by any means whereby the public at large is or can
be made aware of said sale.
Goods are meant to include any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Person shall mean and include individuals, partnerships, voluntary associations and
corporations.
Yard sale means a"garage sale" as defined in this section.
' Additions to the Code are indicated by underlined language, and deletions to the Code are indicated by
tr+l�tk�ett�--h formatting. Additions between first and second reading are highlighted and indicated with
double, nd Deletions between first and second reading are highlighted and indicated with
5 ORDINANCE#2012-008
Sec. 21-42. Permits and fees.
It shall be unlawful for any person to conduct a garage sale in the city without first filing
an application with the Eler-k City Clerk, which shall include the information hereinafter
specified and having obtained ftem sue a license to do so, to be known as a
«garage sale license." The fee f sue sueh heense shall be a established by r „ltAie., of the
cty cenunissionzrvirtime-t9organizations shaH be cicnit ftvzr+nee payment of this fee. gar-age sale signage shall reemply with subseetien 505 170(1) ef the
Land Develepmen4 Code. Garage sales occurring on non-residential property must be
reviewed by city staff and approved by resolution of the city commission prior to the
issuance of a garage sale license, in accordance with the temporary use review procedure
of section 675-40. A garage sale license shall not be issued to any person with unpaid
code enforcement fines or liens.
Sec. 21-43. Licensing.
Suek A garage sale license shall be issued to any one person or location only once within
a six-month period and no such license shall be issued for more than three (3)
consecutive calendar days. Nonprofit organizations located within the city shall be
exempt from this section.
Sec. 21-44. Information to be filed.
The following information to shall be filed with the eler-k City Clerk on application forms
provided by the city, pursuant to this article shall be as follows:
(a) Name of person, firm, group, corporation, association, or organization conducting
said sale;
(b) Name of owner, association or management company of the property on which
said sale is to be conducted, and consent of same eviner if applicant is other than
owner;
(c) Location at which sale it so be conducted;
(d) Number of days of sale;
(e) Date,nature of any past sales conducted b. t�pplication or at the location;
(f) Relationship or connection, if any, between the applicant may have had .,,i and
any other person, firm, group, organization, association, or corporation
conducting said sale and the date or dates of such sale;
(g) Whether or not applicant has been issued any other vendor's license by any local,
state or federal agency;
(h) Sworn statement or affirmation by the person signing that the information therein
given is complete and true and known to him or her to be so.
Sec. 21-45. Person and sales excepted.
The provisions of this article shall not apply to or affect the following persons or sales:
6 ORDINANCE#2012-008
(a) Persons selling goods pursuant to an order or process of a court of competent
jurisdiction;
(b) Persons acting in accordance with their powers and duties as public officials.
See. 21 47 21 3 Reserved.
Sec. 21-47. Location.
Garage sales shall be permitted in the following locations:
(a) Property within a residential district, as defined in article 725,
(b) Property within a commercial district, as defined in article 725, which is located
outside the Community Redevelopment Area(CRA);
(c) Property within an industrial district, as defined in article 725.
Sec. 21-48. Fees.
The fee for a garage sale license shall be as established by resolution of the city
commission from time to time. Nonprofit organizations shall be exempt from the
payment of this fee.
Sec. 21-49. Sims.
Garage sale signage shall comply with subsection 505-170(I) of the Land Development
Code.
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.105-20. List of residential and open space districts permitted, special exception
and prohibited uses.
Legend
P—permitted o
P(#)—permitted subject to N
numbered footnote "O
0
A—permitted accessory use
only
SE—permitted special
exception use only o C w
0 00 0
0 C 0 0 0
a) 00 o 0 o p
- not permitted u to to o m 2 U)
USES w Of a af0� 0� z or_ 13� 0� CL W O
7 ORDINANCE#2012-008
Community NP NP NP N NP S9 SE S€ NR N NP
Residential Home. P P P P P P
Type 2 [subject to Sec.
105-170]
Residential care facilities
[subject to sec. 105-1701. NP NP NP P NP NP NP SE SE NP NP
Residential care facilities. NP NP NP N NP NP NP SE SE N NP
adult — — — p — — — — — P
[subject to sec. 105-1701.
Sec. 105-90. Outdoor storage containers.
(D) Permitted storage containers. A storage container is permitted only as follows:
(3) Not-for-profit charitable organizations, as well as authorized vendors,
affiliates, or agencies of such organizations may place a storage container
upon a lot as an accessory structure and use to a principal building and use,
within any commercial or industrial zoning district, subject to subsections (E)
through (G), including the requirement of subsection (F)(3) that a storage
container to be located in the Community Redevelopment Area shall require
approval as a special exception use in accordance with Article 630.
(F) Maximum size and number of storage containers and temporary portable
containers.
(1) No temporary portable container shall exceed one hundred thirty (130) square
feet and ten(10)feet in height.
(2) No more than one (1) temporary portable container may be placed upon a lot,
except as provided in(5), below.
(3) No storage container shall be allowed in the Community Redevelopment Area
unless approved as a special exception use in accordance with Article 630.
Additional conditions may be established by the City Commission when
granting a special exception under this subsection, based on site
considerations and potentially resulting impacts upon the surrounding area or
zoning district where the subject property is located, in accordance with
Section 630-50(B).
8 ORDINANCE#2012-008
(34(4)No storage container shall exceed one hundred sixty (160) square feet and
eight and one-half(8.5) feet in height, except as provided in(5), below
(4)L5)No more than one (1) storage container may be placed upon a lot except as
provided in(5)below.
(25)tOThe director of community development may authorize two (2) or more
temporary portable containers on industrial zoned
lots, and may authorize two (2) or more storage containers that may exceed
the size limitation in (3}U above, upon making all of the following
determinations:
(a) that the lot affords sufficient space for placement of the container;
(b) that adequate parking and building access remain available on the site;
and
(c) that the adjacent property owner(s) do not have an objection to
additional storage containers, as evidenced by written eensent, or �
o „i. +o,,..,..,,F ff er-t.,�.�o
multiple family eapia lots-=o.�erc�--a �t�e�� ��
eentainer-s -are- proposed, thm the—pr-epei4y manager;hefnee-A%er-s'
letter of no objection to the city.
(G) Container restrictions. This subsection applies to both storage containers and
temporary portable containers unless otherwise provided.
(1) All storage containers Shall provide the same setbacks as a principal building.
md4Temporary portable containers shall be set back a Minimum of five (5) feet
from all street lines and property linens andBoth storage containers and temporary
portable containers shall not obstruct access to any building.
(7) Only personal property owned by the site owner or occupant shall be stored in
the eent a temporM portable container.
Sec. 105-170. Community residential homes and residential care facilities.
(B) A "community residential home, type 2", as defined in article 725 (definitions),
having more than six (6) residents is permitted in the RM, RM-
1 and s RM-2 and PRD-1 zoning districts subject to the following:
(1) Such uses shall not be located within twelve hundred (1,200) feet of another
existing community residential home or within a radius of five hundred (500) feet
of a single family zoning district boundary.
(2) Such uses shall meet the applicable licensing criteria established and determined
by state agencies pursuant to Chapter 419, F.S.
(C) "Residential care facilities", as defined in article 725 (definitions), are allowed ems}
by special exception in the RM-2 and �PRD-1, EDBB-MU, SFED-MU, GTWY-
9 ORDINANCE#2012-008
MU, C-3 and C-4 zoning districts. All dwelling units shall contain only one (1)
sleeping room regardless of the number of accessory rooms including living rooms
and bathrooms.
(D) "Adult Rresidential care facilities", as defined in article 725 (definitions), with more
than one hundred (100) sleeping rooms are allowed by special exception in the RM-
2., and PRD-1, EDBB-MU, SFED-MU, GTWY-MU, C-3, and C-4 zoning districts
subject to the following requirements:
(1) The facility must have frontage on, and direct vehicular access to, either a
minor arterial containing at least one hundred ten (110) feet of right-of-way,
or a principal arterial as designated on Broward County Trafficways Plan.
(2) All dwelling units shall contain only one (1) sleeping room regardless of
the number of accessory rooms including living rooms and bathrooms.
(3) The facility shall provide the following services: at least (1) full meal per
day from a central dining facility; central housekeeping services to its
residents no less than weekly; a full-time registered nurse on call to the
residents; planned activities, which may include, but are not limited to, social,
educational and recreational activities.
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:
Sec. 110-20. List of permitted,special exception and prohibited uses.
Le end MIXED USE DISTRICTS COMMERCIAL ZONING
P—permitted DISTRICTS
permitt 2
ed [
subject CRA FORM-BASED DISTRICTS
to
number Y
ed t~
footnot
e
A—permitted
accessory
use only
SE—permitted C^
special
exception
use only
- not A pp�qq
permitted < O
USES U CaW C�7 Z U U U U
Auto parts, N P N P N P P P P P NP P P P
10 ORDINANCE#2012-008
Legend MIXED USE DISTRICTS COMMERCIAL ZONING
P—permitted DISTRICTS
permitt
ed C
subject CRA FORM-BASED DISTRICTS
to
number Y
ed tr
footnot
e
A—permitted
accessory
use only
SE—permitted <D
special
exception
use only
- not
permitted ¢ O C� ❑� E— `'
USES `x c7 z v u u v
retail or
wholesale
Bus depot for NP \I' NP NP NP NP NP NP NP NP P
storaize and
maintenance
of buses and
related office
facilities
[subject to
sec. 110-2901
Cabinet or
furniture
shop(subject NP NP NP NP NP NP P NP NP NP NP
to sec. 110-
250
Charity or NP NP NP NP NP NP NP NP P P
thrift shop NP — — _
Contractor
shop [subject NP NP NP NP NP P P P P P
to sec. 110- NP
271
Resale
boutique and NP
consignment N P NP P P P P NP P P P
shop,for
profitt
1 1 ORDINANCE#2012-008
Legend MIXED USE DISTRICTS COMMERCIAL ZONING
P-permitted DISTRICTS
permitt O
ed C
subject ,�� CRA FORM-BASED DISTRICTS
to
number
ed r
footnot
e
A-permitted
accessory
use only
SE-permitted C)
special r-
exception
use only
- not v m
permitted Q C)
N r� _T
USES
Massage
therapy
services as
accessory to
a full service NP
personal NP A A A A A A A A A
service
establishment
only [subject
to sec. 10-
M01
Merchandise NP
rental or NP NP SE SE SE SE NP NP SE SE
leasin- stores
Mobile NP
vendor,
except as
permitted in
conjunction NP NP NP NP NP NP NP NP NP NP
with a — — — — — — — — —
temporary
use approved
under article
675
Residential
care facility
[subject to NP NP NP RSE SE SE NP NP NP SE SE
section 105-
170]
Residential P ti P SE SE SE w P N P NP SE SE
care facility,
12 ORDINANCE#2012-008
Legend MIXED USE DISTRICTS COMMERCIAL ZONING
P-permitted DISTRICTS
P(#)-
permitt z
ed
C
subject CRA FORM-BASED DISTRICTS
to
number >
ed
footnot
e
A-permitted
accessory
use only
SE-permitted CD
special -�
exception
use only
0
- not
permitted p
USES m (A �D z u U U U
adult[subject NP
to section
105-170
Restaurants
and bars,full
service
without live NP NP P P P P _SE_ P P P P
entertainment P
[subject to
section 110-
50]
Sin NP
fabrication,
sign printing NP NP NP NP NP P NP NP P P
sub'ect to
sec. 110-2501
Storage NP
subject to NP NP NP NP NP P NP NP NP NP
sec. 110-2601
Thrift.,;
�Q
Gens en NP
fih� N-P N-P N-P NP NP 412 SE SE
[Subjee>t to
see. 110 81
Veterinarian. NP
animal NP P P P P P NP SE P P
NP N-P NP
hospital
Wholesale: NP
combined
office- NP NP NP NP NP NP NP NP NP P
showroom- — — — — — — — — —
warehouse
facili
ORDINANCE#2012-008
Sec. 110-40. Pain management clinics.
(F) Location limitations. Pain management clinics, as defined in article 725, are
prohibited in the CRA form-based zoning districts.
Sec. 110-250. Cabinet, furniture, sign fabrication and printing.
The conditions of use required for a cabinet making, furniture, sign fabrication or printing
use within the Neighborhood Mixed Use district are as follows:
(A)The use must be located within a completely enclosed building, and any bay or
garage doors must be closed at all times.
Sec. 110-260. Storage.
The conditions required for a storage use within the Neighborhood Mixed Use district are
as follows:
(A)The storage use shall be permitted only within a warehouse building which is
existinga [INSERT the adoption date of this ordinance].
(B) The storage use shall be located within a completely enclosed building, and any
bay or garage doors must be closed at all times.
Sec. 110-270. Contractor shop.
The conditions of use required for a contractor shop within the Neighborhood Mixed Use
district are as follows:
(A) The contractor shop use must be located within a completely enclosed
building, and any bay or garage doors must be closed at all times.
Sec. 110-280. Massage therapy services establishments.
(A) Establishments providing accessory massage_therapy services as permitted by this
Code shall provide the following information to the City:
(1) Proof of valid Florida Board of Massage Therapy license issued to the
establishment in accordance with Section 480.043, Florida Statutes, et sec.; and
(2) Proof of valid Florida Board of Massage Therapy or other state health care
practitioner license for all employees providing massage services at the
establishment, in accordance with Section 480.041, Florida Statutes, et seq. or
Chapter 456, Florida Statutes; or proof of Florida Board of Massage
14 ORDINANCE#2012-008
gpprenticeship approval as defined in Section 480.033, Florida Statutes, if
gpplicable to employee(s).
(B) All persons providing massage therapy services shall be duly licensed under Section
480.041, Florida Statutes, et seq.; approved as a massage therapy apprentice as defined in
Section 480.033, Florida Statutes; or possess another valid health care practitioner license
duly issued by the Florida Department of Health pursuant to Chapter 456, Florida
Statutes.
See. 110-290. Bus depot for storage and maintenance of buses and related office
facilities.
The conditions required for a bus depot for storage and maintenance of buses and related
office facilities to be permitted within the Commercial (C-4) zoning district are as
follows:
(1) Subject site must have a minimum of eight(8) acres;
(2) Minimum garage/bay door set back of 50' from property line is required;
(3) The property must have direct access to a collector road way as designated by
the Broward County Trafficways Plan; and
(4) Outdoor parking or storage of vehicles must be screened from view of any
public street.
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 follows:
Sec. 115-40. Schedule of permitted uses.
USES IROM IRAOIVI IROC IRO IG IR PEDD I MA-1
LIGHT INDUSTRIAL USES
Assembly of
products from 4, P
prefabricated 1,2 1,2 1,2 1 NP NP NP
arts
15 ORDINANCE#2012-008
Assembly,repair,
and fabrication of
furniture,home
furnishings, art P P NP NP OP NP P P
objects,clothing,
leather goods,and
jewelry
Distribution
facility,accessory 51 51 NRA OR NP P
use
Distribution, SE 2,4, SE 2,4, SE 2,4, NR SE SE 50 NP P OW
principal use 52 52 52 46. 50
Light industrial
uses not itemized 1,21 1,21 1,2 1 46-Q NP 71 NP
in this section
Light 1,21 1,2 1,2J 1 16 NP 71 NP
manufacturing
USES IROM IROC IRO IG IR PEDD MA-1
AA
Medical and dental lip lip NP NP ap NP NP
laboratories
Catering p NP P P P NP P
establishments
Pest control
service,storage or NP NP 79 NP NP NP NP P
fleet yard
Self-storage facility NP 2, Np SE 21 SE 2 P NP S 62
52
36
Warehousing 2' 2, �2.
facilities 52If 5 1, 52 P 7,8 � p P P 5.6
Wholesale:
combined office-
distribution- 2 2, , 52 69 NP NP P 2,5
warehouse
facilities
Wholesale: 2, 7,
combined office- 2 4 7 2,4 7, 69
showroom- , 69 69 69 2, 7,69 7 7 NP
warehouse
facilities
GENERAL BUSINESS USES
16 ORDINANCE#2012-008
Banks, financial NP NP NP
institutions
Business office P P P P P P P
Convenience food
store(without fuel NP NP NP NP NP NP NP AA
sales)
SE ' 1 l NIL
64 68
USES IROM IRAOM IROC IRO IG IR PEDD MA-1
Gym,fitness
center,or health SE-6 SE-6 SEA NP NP NP NP
club
t NP NP NR
NP NP NP NP 1
vlarine-re at 6 l
_rda_d —
Office,medical
[subject to section P P P P NP NP NP
110-40]
Office, P P P P P--NP NP P P
professional
Parts store,
including vehicle,
aircraft or boat NP NP NP NP NP P
parts within a
completely
enclosed building
17 ORDINANCE#2012-008
Personal service 24 24 15 NP NP NP
establishment 24
Pharmacy or drug store l 5 NP NP A
1?
Restaurant,fast
food SE 63 SE 63 S63 NP A 70 NP
USES IROM I ROM- IROC IRO IG IR PEDD MA-1
AA
Restaurant,full
service(including
accessory bars or la& Rfi P S46' A&70 NP
lounges,including
outdoor seating)
Restaurant. take N -
g — NP A 70 NP
Out
Retail uses not
itemized in this 9,24 9,24 9,24 15 NP NP
section '
NP so 00 1
—Suppli@s and
Tattoo,body NP NP NP NP NP NP NP 22
iercin
Retail sales of guns 38,391
or ammunition NP NP NP NP NP NP NP
Thrift shop,
secondhand goods NP NP NP NP NP NP NP SE,6
sales
COMMERCIAL USES
Auto body repair 1 74 73 A}P NP NP NP NP SE
18 ORDINANCE#2012-008
Automobile repaid
m or- NP P NP NP NP NP P NP
automotive fuel
ump stations
Automobile repair, NP 7
nr
Boarding or
breeding kennel, NP NP SE NP NP NP NP
veterinary clinic 17
(indoor only)
Boarding or
breeding kennel, NP NP NP NP NP NP NP SE
veterinary clinic
(outdoors)
Contractor shops,
repair or service
shops,including
air conditioning 2 2 2 NP P P NP P
and other
appliances,marine,
cloth or canvas
Courier
service/package NP NP NP 79 NP NP NP NP P
delivery
Dry cleaning or
laundry,excluding
self service NP NP NP NP NP NP NP KA
laundromat
Fortune teller or NP NP NP NP NP NP NP
palm reader
Funeral home or NP NP NP NP NP NP NP
mortuary
Outdoor or indoor
sales and display er
of fully assembled NP P 68 NP NP NP NP NP
outdoor
recreational
merchandise
Outdoor or indoor
sale or rental of
new or late-model NP 17 NP NP NP NP NP SE
construction
equipment
19 ORDINANCE#2012-008
Outdoor
sales, leasing,
rental, 17,
display of $673, 2 2' NP NP SE NP P
automobiles, 74
motorcycles,or
trucks
W66r sales
servicesplay or
repair.�f
automobiles, 73.74 -- )?
73
motorc cles. or
trucks
USES IROM I ROM IROC IRO IG IR PEDD MA-1
AA
1P :74 1
Outdoor or indoor
storage of -
passenger vehicles, NP NP NP NP NP NP NP
trailers,and tractor-
trailers
Motion picture
production 0 p p p NP P NP NP
studio, lei
indoors
Motion picture
production 0 Ng
studio, SE SE NP NP NP NP NP
SE
outdoors
Recording or
broadcast studio -p NP NP NP NP NP NP P
(no transmission
antenna tower)
20 ORDINANCE#2012-008
Sales,
dSP1fty)4Sftl@S Of
a
of�n
LODGING USES _
Hotels containing SL
one hundred(100) 72 6 72 72 46 72 NP NP 4 ,46 40 49 7 SE 62
or more rooms '
72
MARINE AND HEAVY INDUSTRIAL USES
Assembly
Hof boats not
over two hundred 19 19 19 NP 21,3&37 NP 71 NP
(200)feet in length
USES IROM IRAOM IROC IRO IG IR PEDD MA-1
of Boa
NP-19 NP 21 SE 71 P
Fuel tanks for
fueling of vehicles SE 65, SE 65, 35,36, SE 65, A 65, SE 65,
and ships, 66 66 NP NP 66 66 66
including retail sale
of fuel
Docks and docking
of boats and ships
not over two
hundred(200)feet 23 23 NP NP 23 & NP 70 NP
in length,including
the operation of
charter boats
Docks and docking
of boats,ships,and
cargo or shipping NP NP NP NP NP P NP
barges not over two
hundred fifty(250)
feet in length
Manufacturing
jMWf boats
not over two 17 17 17 NP 16,20, NP P NP
hundred(200)feet
in length
21 ORDINANCE#2012-008
Manufacturing,
painting and repair
of boats in excess
of two hundred
(200)feet in
length,associated
assembly,
fabrication, NP NP NP NP P NP NP
outfitting and
maintenance,
marine
construction and
equipment loading
and handling
operations
Marinas. wet
ifiojudi"g .- P P NP NP P P P
USES IROM IROC IRO IG IR PEDD MA-1
AA
Marinas,dry stack NP P
Paintinv of boats
no
kover two
_— 17
hundred�20.O1 feet
in n
Marine related
educational NP NP NP NP OP NP P NP
facilities
Outdoor storage
accessory 19 75
NP 77 ' NP NP NP NP NP NP
other
Retail sales of
fneApqr-ials-aa-1
supplies fer NP 4-9 NP NP 36 NP NP NP
P of vessels
sales,leasing,
display,or storage
of fully-assembled P P P NP P SE NP P
new boats
(including new
boat trailers)
,indoor sale'
22 ORDINANCE#2012-008
boats and m '
vessels
Outdoor sales.
leasing rental,
display and NP 171 73, NP
- _
act repair of 74
used boats and
marine vessels
Storage containers
required for storage
of
shipyard boatyard NP 1777 _.6, NP NP 36 NP P NP
materials,vessel
supplies,cargo
USES IROM IROM- IROC IRO IG IR PEDD MA-1
AA
UTILITIES
Electrical power NP NP NP SE 46, SE*50 NP P NP
plants 50
MISCELLANEOUS
Commercial
recreation facilities NP NP NP s46 SE . NP NP NP
(indoors)
Indoor private
sports or athletic
training facility NP NP P NP NP NP NP NP
without spectator
seating
Mobile vendors,
except as permitted
in conjunction with NP NP NP NP NP NP NP NP
a temporary use — — —
Approved under
article 675
Solid waste
disposal,transfer or NP NP NP NP NP NP NP NP
recycling facilities
Sec. 115-50. Conditions of use.
3. Conditions of retail uses not itemized: in the MA-1 District includes but is not
limited to,the following:
ORDINANCE#2012-008
a. Carnet a_n. 6br MM s es
b. Furniture store
C. Glass and mirror shoe
d. Lawn and garden shop
e. Swimming pool supplies and sales
f. Hardware, home im rovement, hobby or craft store
4. Conditions of use: the office floor area, showroom floor area, or any combination of
office and showroom floor area, shall comprise at least ten(10)percent of the total
gross floor area of the building(s).
Applies to the following uses and districts:
a. Combined office/distribution/warehouse and Distribution facility in the:
IROM, IROC, IROM-AA istricts
b. Combined office-showroom-warehouse facilities: IROM, IROM-AA
districts. In IROM less than ten 10 nt combined office and showroom
area may be permitted as a special e ' use.
c. Warehousing in the0. an M-AAA.
d. Self storage in the IROM-AA Dis W.
e. Combined office/showroom/warehouse in the IROM and IROM-AA
districts In the IROM District less than ten (10)percent combined office and
showroom may be Mermitted.bv special exception pursuant to article 630.
5 Conditions of use: minimum of ten(10)percent of the cross floor area of the
building(s) must be devoted to office use.
W. Applies to the following uses and districts:
Combined office-distribution-warehouse facility. distribution f cilia
warehouse in the MA-1 District. Less than ten (10) percent office may be
permitted as a special exception use,pursuant to article 630.
6 Conditions of use: 'ubiect to the provisions of the Future Land Use Element of the
Comprehensive Plan pertaining to commercial uses in the Industrial and Employment
Center future land use categories.
4 ORDINANCE#2012-008
19 Conditions of use: must be conducted within either a completely enclosed building or
an interior side yard or rear yard that is located at least two hundred fifty (250) feet from
any property with a "residential" land use plan designation.
A sso.,.,b.ly an r-epaif of beats is not aver-twe b,,,,,a,.e (200) feet in length: lA ON4
ry OG !ROM r n A
m��n�z
Too! and equipment rental or-repair-- IROM AA
�'�" meter-age-aeeesser-y to-a main pefmiae use.- ry OM AA
24 Conditions of use: permitted only within shopping centers with a imrurnurn building
gross floor area of fifty thousand (50,000) square feet, subject to the provisions of the
Future Land Use Element of the Comprehensive Plan pertaining to commercial uses it
the Industrial and Employment Center future land use categories. Uses within shopping
centers shall be those of the C-2 Commercial district set forth in section 110-20 (list of
permitted, special exception and prohibited uses for commercial and mixed-use districts).
Applies to the following uses and districts:
Retail uses not itemized: IROM, IROC, IROM-AA
Personal service establishments: IROM, IROC, IROM-AA
25 Conditions of use: the following uses in the IROC District shall not be located on the
site of buildings planned, designed, built, or used for industrial or warehouse use.
Applies to the following uses and districts:
Outdoor£,sales, rental, leasing, display or repair of fully assembled new recreational
vehicles or campers.
Outdoor$sales, service, display or repair of automobiles,motorcycles or trucks.
25 ORDINANCE#2012-008
32 Conditions of use: not permitted as a freestandin use, or within a
shopping center.
Applies to the following uses and districts:
Sales, service, display, repair, or any combination of these, of automobiles,
motorcycles or trucks: IROC
35 Conditions of use: the uses listed below are permitted in the IG district on parcels
abutting the Dania Cut-Off Canal and Port Everglades, not including easements and
rights-of-way, with a required setback [ofJ at least five hundred (500) feet from any
residential zoning district, and a required opaque fence eight(8)to ten (10) feet in height
adjacent to any public street.
Applies to the following uses in the IG district:
a. Marine cargo handling facilities
b. Parking for vehicles and equipment
c. Outdoor storage of materials, supplies, machinery, equipment,
vehicles,trailers, cargo shipping equipment(i.e. flat racks, chassis,
and containers), or products being processed in or transported
through the property.
d. Shipping and storage containers in shipyards or cargo port
facilities may be stacked four(4)high not to exceed forty (40)feet
as an accessory use. Outdoor activities and operations shall be
permitted only between the hours from 8:00 a.m. to 10:00 p.m.
During named hurricanes or tropical storms, no storage containers
shall be stacked.
e. Fuel tanks for fueling of vehicles and ships as an accessory use
and as regulated and permitted by the applicable Broward County
environmental agency.
L Security gatehouses, as an accessory use, including
I' manufactured modular buildings, when set back at least one
hundred (100) feet from NE 7th Avenue or Taylor Lane and
complying with any applicable building code requirements, subject
to the approval of the Broward Sheriffs Office and the Dania
Beach Fire Department.
g. Docks and docking of boats, shins and cargo or shipnin�
barges not over two hundred fifty (250) feet in length. For the
purpose of this provision, the term "barge" shall mean a non
self-propelled cargo or shipping vessel,which includes a bow
and stern and possesses the appearance of a shin. "Barge"
does not include a flat-bed, rectangular or raft-like vessel,
g h.
6 ORDINANCE#2012-008
When located on property no larger than three (3) net acres,
having frontage on Taylor Lane and NE 7th Avenue, with
access limited to NE 7th Avenue,the following are
permitted:
(1)
Outdoor storage of materials, supplies, machinery,
equipment, vehicles, trailers, and cargo shipping
equipment (i.e. flat racks, chassis, and containers)
or products being processed in or transported
through the property.
(2)
Outdoor storage of cargo containers not to exceed
two (2) stacks and sixteen(16) feet in height (no
storage containers may be stacked during named
hurricanes or tropical storms)
36 Conditions o use: the uses listed below are permitted in the IG district on lots
.f
generally located along the Dania Cut-Off Canal from the east end of the city limits,west
one hundred eighty (180) feet past the end of Taylor Lane, south of Taylor Lane to the
north bank of the Dania Cut-Off Canal, and more specifically described as Parcel A and
Parcel B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat
and Port Laudania Plat, less than east three hundred thirty-three (333) feet of the South
seven hundred forty-three and eight-two hundredths (743.82)feet and Dania Canal, not
including easements and rights-of-way, and unless otherwise stated below, set back a
minimum of one hundred(100) feet from any residential zoning district. If there is any
conflict between the provisions of this subsection and any other provision of this code,
the provisions of this subsection will prevail.
Uses permitted in the IG district within the location described
above:
a. Manufacturing, painting and repair of sh s ar
boats in excess of two hundred (200) feet in length,
associated assembly, fabrication, outfitting and
maintenance, marine construction and equipment
loading and handling operations.
46 Conditions of use: the following uses in the listed zoning districts are permitted only
upon demonstration that vehicular traffic generated by the proposed use will not have an
adverse effect upon, be detrimental to,nor interfere with,the surrounding land uses, the
ability of the local and regional transportation network to operate at or above level of
service "D", or the orderly and appropriate development of the area in accordance with
the future land use plan.
Applies to the following uses and districts:
Restaurant, full-service: IRO
Convention and conference centers: IRO, PEDD
27 ORDINANCE#2012-008
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel containing one hundred (100) or more rooms: IRO,
PEDD
Hotel containing less than one hundred(100)rooms: PEDD
U.S. Border Patrol facilities: IRO
Electrical substations or related electrical facilities: IRO
Electrical power plants: IRON
Commercial recreation facilities (indoors): IRO
50 Conditions of use: must be located at least one thousand five hundred (1,500) feet
from any property with a "residential" land use plan designation.
Applies to the following uses and districts:
Distribution facility: M IG
Railroad and truck terminal: IG
Electrical power plants: IRO, IG
Wastewater treatment facilities: IRO
51 Conditions of use:_distribution is a permitted accessory use to the following
principal uses:
Applies to the following districts:
To a primary light industrial or research use in the IROM,
IROC, IROM-AA and IG districts
To a primary warehouse use in combined showroom-
warehouse facilities in the IROC District
To a primary office-warehouse-showroom facility in the
IROM, IROM-AA districts
To a primary warehouse or light industrial use in MA-1
District
To a primary warehouse in IRO
72 Conditions of use: 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) A minimum of one hundred (100) rooms are required. For the
pur ose of article b25 the minimum number of hotel rooms shall
be deemed a development standard.
28 ORDINANCE#2012-008
75 Conditions of use: Provided the area is secured and screened by an opaque fence or
wall (chain link with slat not permitted) with a afoot(I 0'J 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.
78
a. Use shall not be permitted within the community
redevelopment area.
b. A five($)-foot wide perimeter landscaped buffer shall be
required on all sides of the property.
c. Use must be separated from any arterial roadway by a
minimum of five hundred (500) feet.
d. Outdoor activities and movement of vehicles shall be permitted
only between the hours from 7:00 a.m.to 7:00 p.m.
79 Conditions of use: Use must be fully enclosed with no outdoor storage of vehicles.
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:
(E)OTHER LOT DENSITY BULK YARD
DISTRIC
TS MINIMUM MAXIMUM MAXIMUM MINIMUM
29 ORDINANCE#2012-008
_ c
O
a
ca
0 Cc
v ° w � � x v
OS 80,000 250 300 N/A 1/16 3/3 N/A 25 50/25 25 25 N/A
Sec. 205-10. Schedule of lot, yard and bulk regulations.
30 ORDINANCE#2012-008
Section 7. That Article 265 "Off-Street Parking Requirements" of the City of
Dania Beach Land Development Code shall be amended to read as follows:
Sec. 265-20. Off-street parking space definition; dimensions.
(E) This section does not permit storage of vehicles and equipment in excess of ten (101
hours nor does it permit overnight parking.
Sec. 265-75. Use of municipal public parking for existiny,developed site.
All uses proposing to locate within structures existing as of the date of this ordinance
[INSERT date of ordinance adoption] and located within one quarter (1/4) mile of an
existing municipal public garage or municipal parkin lot of may utilize such public parking
for all parking necessary to meet parking needs, without requiring review for compliance
with the parking requirements of this article. An application for a development order or
permit for a new structure, or expansion of an existing structure, shall be required to
undergo parking review, and shall provide for off-street parking or payment in-lieu of
required off-street parking, in accordance with this article.
Sec. 265-92. Payment in-lieu of providing off-street parking
(A) Where the community development director determines that there is inadequate area
on-the-site of a new or existing development to construct all of the code-required off-
street parking, the owner of a property may request a waiver of a portion of the required
off-street parking spaces through payment of a fee-in-lieu of providing required parking
on-site, or off-site pursuant to sec. 265-80. The Payment-in-Lieu of Parking fees shall be
deposited in the a newly created city s, designated Payment-in-Lieu of Parking Fund and
shall be used to pay fer- the eests of aequir-ing land for- or- develepmepA of par44
for the purposes set forth in
subsection (G). Requests to use the Payment-in-Lieu of Parking fee for alternative
compliance with the off-street parking requirements shall be submitted to the community
development direeter department and may shag be reviewed by the executive director of
the CRA and the community development director, as applicable. The total number of
required parking spaces that can be provided through contribution of the payment-in-lieu
of parking fee may not exceed thk4y (30) fifty 50 percent of the amount of off-street
parking required by Code for the site.
(B) Fee calculation. The amount of the payment to the Payment-in-Lieu of Parking
program shall be determined by the average cost to the city for the construction of a
parking space in a parking structure on a program wide basis which shall be determined
by the director of finance in coordination with the public services director and in
eeer-dinatien with the community development director. The average cost shall include
31 ORDINANCE#2012-008
actual costs and fees for land acquisition, design and planning, legal, engineering, actual
construction, and permit review and inspection.
(1)New construction and substantial improvements,payment in.full required. The
For new construction and substantial improvements to existing construction as
defined in Section 725-30, the Payment-in-Lieu of Parking in lien fee for- nevi
eenstFuefiea shall be satisfied by two (2) equal payments of three thousand, two
hundred fifty dollars ($3,250) per parking space. The first payment shall be made
to the community development department prior to issuance of a building permit
for a principal building or structure on the lot. The second payment shall be made
to the community development department prior to the issuance of the first
certificate of occupancy for a principal building,
in Lieu of Par-king Fee Agreement with the City exeetAed bet-ween the eivy and
New construction and
substantial improvements to existing_ construction shall not be qualified to
participate in a Payment in Lieu of Parkin Fee ee Agreement.
(2) Existing structures. When expansion, alteration or rehabilitation, or change of
use of an existing structure which does not meet the definition of a substantial
improvement to existing construction as defined in Section 725-30 results in an
increased parking requirement as determined in accordance with the Code
("Existing Structures"), the in-lieu fee shall be satisfied by one of the following
methods:
(a) Two (2) equal payments of three thousand, two hundred fifty dollars
($3,250) per parking space as set fei4h in „bseefie 265 92(B)(1) of this
secfien (certificate of use shall be substituted for Certificate of Occupancy
for change of building use triggering an increase in parking requirements).
An annual payment in the ametmt of five (5) pereen4 of the paymepA
1�L 114-ed by subsee fie., 265 92(B)(1) of this see fi,,, whieh shall ...,,,roue
as long as the use exists-. For applicants qualified for participation in an In-
Lieu of Parking Fee Agreement, the applicant shall provide payment to the
community development department in the amount of at least fifty (50)
percent of the amount required by subsection (2)(a) of this section prior to
issuance of a certificate of use or Certificate of Occupancy (whichever
occurs sooner), with the remaining balance paid in accordance with
subsection (C) of this section. The ., ff+ f eh p „t may
from 7eafto year- in uesefdanee with the aete at o of f, fth_,n
subseetio, «` of this etie . The terms and conditions of the payment
plan shall be set forth in an In-Lieu of Parking Fee Agreement approved
by the director of community development and executed in accordance
with section. However, in lieu of continued annual payments, the In-Lieu
of Parking Fee Agreement shall provide that a one-time redemption
payment may be made at any time for the full amount which remains
unpaid under the Agreement plus accrued interest ptffs,,,,,4 to s4se^*i^^
32 ORDINANCE#2012-008
265 92(B)(1) of this seetien; sueh amount shall be based upon the West
(C) In-lieu ofparkingfee agreement. Existing Structure 474PPlicants which are require
to contribute In-Lieu of Parking Fees in lieu of one (1) space must pay in full prior to
issuance of a certificate of use (for change of building use triggering an increase in
parking requirements), or certificate of occupancy for the principal building(for
expansion). Applicants which are required to contribute In-Lieu of Parking Fees in lieu
of at least two (2) or more required parking spaces whieh desire to eemply with eff street
ar4i - r o.i4s by eent6buting an in lie f but will not pay the entire in-lieu fee
due prior to issuance of the certificate of occupancy for the principal building (for He
east etio or xpansion) or certificate of use (for change of building use triggering an
increase in parking requirements), must enter into an in-lieu of parking fee agreement
with the city. The executed agreement shall be recorded with the public records office of
Broward County, Florida, by the community development department prior to the
issuance of the certificate of occupancy or certificate of use, as applicable. The
obligations imposed by such an in-lieu of parking fee agreement shall constitute a
restrictive covenant upon a property, and shall bind successors, heirs and assigns in favor
of the city. The restrictive covenant shall be released by the city only upon full payment
of the in-lieu parking fees due. In-lieu of parking fee agreements shall only be made
between the city and the owner(s) of the subject property.
(D) Fee collection for annual payment plan. The first fee payment shall be paid to the
community development department prior to the issuance of a building permit for veftieal
construction of a principal building or structure on the lot. If no building permit is
needed, the first payment shall be due and paid to the community development
department at the time the certificate of use, or certificate of occupancy (if required) is
issued. The seeend remaining amounts shall be paid
earlier-, in aeoer-danee iN4th the tefms of the applieable in lieu of par-king fee agr-eemepA.
Subsequent annual payments shall be paid in full by June 1 as long as the use exists. in no
more than twelve (12) quarterly payments due on the first day of the first month of each
fiscal year quarter, including interest calculated in the amount of five percent (5%) per
annum, until the City has received payment in full of the remaining balance. For
purposes of this section, fiscal year quarters shall be determined to begin with the months
of October ("First Quarter"); January("Second Quarter"); April ("Third Quarter"), and
July ("Fourth Quarter"). Quarterly payments due in accordance with this section shall be
delinquent if not paid by the tenth (10th) dqy following the first day of the first month of
each fiscal year quarter.—The finance department shall administer the collection of this
these remaining quarterly fees using information provided in writing by the community
development department.
(E)Administration.
33 ORDINANCE#2012-008
(1) Late payments. Monthly interest shall accrue on unpaid funds due to the city
under the payment-in-lieu of parking program at the maximum rate permitted by
law. Additionally, a fee in the amount of two (2) percent of the total due shall be
imposed monthly to cover the city's costs in administering collection procedures.
(2) Failure to pay. Any participant in this program who has failed to pay the
required fee within three (3) months of the date on which it is due shall be
regarded as having withdrawn from the program and shall be required to provide
all parking spaces required by this section or cease the use for which said spaces
were required. Failure to comply shall subject said participant to enforcement
procedures by the city and may result in fines of up to two hundred fifty dollars
($250.00) per day and liens as provided by law, initiation of code enforcement
proceedings and revocation of the certificate of use or certificate of occupancy.
aequisition and eenstmetien ef one par-king space shall be evaluated annually by the
eeffH:nunity development dir-eeter- based upon the Genstmetion Gest index (CQ) or- the
Consumer- Price index (CPI). if detefmined neeessmy, the fee struetwe shall be amended
(G) (F,) Deposit of payment-in-lieu program funds. Funds generated through the in-lieu
fee program shall be deposited in the payment-in-lieu of parking fund, which may consist
of one or more city accounts specifically established to provide parking and related
transportation improvements within the payment-in-lieu districts. The community
development director and the executive director of the CRA shall maintain a map which
includes a listing of the payment-in-lieu districts and aeeeunts.
(14) (G) Use of payment-in-lieu program funds. The fee collected in the payment-in-lieu
fund shall be used to fund the following activities which support the provision of parking
structures and facilities:
(1) Acquire, construct or develop off-street and on-street parking and related
facilities;
(2) Fund the capital costs associated with new, upgraded or expanded off-street
parking area serving land uses within the priority parking districts.
(3) Acquisition of land for present and future garage construction or interim
parking uses; or
(4) Reimburse capital costs or advances, or related financing costs, for spaces in
existing facilities or to be constructed which are designated or set aside for the
Program.
34 ORDINANCE#2012-008
Sec. 265-100. Design standards for residential parking spaces utilizing individual
driveways or back-out parking.
(B) No parking space shall be designed to permit back-out parking directly onto a
public right-of-way or private street, other than a dedicated alley, except for single-
family, two-family and townhouse dwellings with an individual driveway for each
unit, as follows:
(4) Within the CRA form-based zoning districts, the establishment of new front
yard parking is prohibited, except as provided in sec. 303-.7-90.
Section 8. That Article 302 "Detailed Use Regulations" of the City of Dania
Beach Land Development Code shall be amended as follows:
Sec. 302-10. Permitted, special exception and prohibited uses.
Legend: Districts
P =Permitted EDBB- SFED-MU
SE= Special Exception use MU
(#)=Permitted subject to the restriction in sec.
302-20 having the same number that is within Principal Street Frontage
the parenthesis
=Not Permitted
Abbreviations:
EDBB=East Dania Beach Boulevard rn x V� wp
SFED= South Federal Highway , Q �xq
t UT
Residential care facility NP N P L f' N P SE g 1,11 N P N P
Residential care facility, adult NP NP SE NP SE SE NP NP
Auto parts sales,retail only(no bays) NP P NP P NP P P NP
Massage theny services as accessory to a full A A A A A A A NP
35 ORDINANCE#2012-008
Legend: Districts
P =Permitted EDBB- SFED-MU
SE=Special Exception use MU
(#)=Permitted subject to the restriction in sec.
302-20 having the same number that is within Principal Street Frontage
the parenthesis
=Not Permitted
Abbreviations:
EDBB=East Dania Beach Boulevard U M ,� pp
SFED= South Federal Highway
v w o u57 0 z
service personal service establishment only[subject
to sec. 110-2801
Merchandise rental or leasinc stores NP SE NP SE NP SE SE NP
STRICTED COMMERCIAL ry
Charity or thrift shop NP NP NP NP NP NP NP NP
Retail sales, ineludin thrift shops Resale boutique NP N N N P N N NP
and consignment shops for profit P P P (20) P ' P
INDUSTRIAL,OTHER
Cabinet or furniture shop[subject to sec. 110-2501 NP NP NP NP NP NP NP
Contractor shop [subject to sec. 110-2701 NP NP NP NP NP NP N P NP
Sign fabrication and sign printing shops subject to SF- S1" ,
sec. 110-2501 NP NP NP (1 ) NP (16 N i NP
i
Storage[subject to sec. 110-2601 NP NP NP NP NP NP F NP
Section 9. That Article 303 "District Development Standards" of the City of
Dania Beach Land Development Code shall be amended as follows:
Sec. 303-40. City center(CC) district.
(0) Height: "K", district max. is fourteen (14) stories and one hundred fifty (150) feet
and varies by location(see height map & article 304). Height greater than fourteen
(14) stories or one hundred fifty (150) feet may be granted by a special exception
approval, pursuant to Section 630-50. Min. lot dimensions for buildings over six
36 ORDINANCE#2012-008
(6) stories and seventy (70) feet are one hundred (100) feet by one hundred fifty
(150) feet. Min. two (2) habitable stories required in the CC District core.
Section 10. That Article 307 "Landscaping Regulations" of the City of Dania
Beach Land Development Code shall be amended as follows:
Sec. 307-40. Treatment of vacant lots.
The following requirements are applicable to vacant non-residential lots within the
Community Redevelopment Area located along principal arterials as defined in section
510-20:
(A)Site restoration. Within thirty (30) days of completion or abandonment of any
land clearing (including but not limited to clearing of any demolished buildings,
structures or both), excavation, land-filling or any combination of the foregoing
operations, all vacant lands remaining after such operation shall be prepared
with ground cover, mulch, landscaping, or turf. All asphalt, rock and non
natural materials shall be removed and the area, if necessary, refilled with clean
soil prior to any planting or installation of any of the materials listed above.
The property shall be maintained and the lot kept free of trash and debris.
(B)Securing vacant lot. The vacant lot must be secured by a perimeter fence.
Fence material must consist of vinyl coated chain link, metal picket, or
polyvinyl chloride (PVC). In lieu of vinyl coated chain link, a chain link fence
may be wrapped in a screening material displaying pictures of landscaping that
would be allowed under (A). Graphics must be reviewed and approved
pursuant to section 505-30(f).
(C)Active building permits. The requirements of this section shall not apply if a
building permit has been issued and is active for the property_
Section 11. That Article 511 "Industrial Design Standards" of the City of
Dania Beach Land Development Code shall be created to read as follows:
ARTICLE 511. INDUSTRIAL DESIGN STANDARDS.
Sec. 511-10. Obi ectives.
(A) The following standards are established for industrial development to ensure that
such uses shall be compatible with other uses permitted in the same district and to
protect the public health, safety and welfare of the community.
37 ORDINANCE#2012-008
(B) The purpose of the standards in this article is to promote design which is
architecturally compatible with the surrounding area and achieves the design goals
of the City of Dania Beach.
(C) These standards are designed to promote development and redevelopment where
the physical, visual and spatial characteristics are established and reinforced
through the consistent use of compatible urban design elements. Such elements
shall relate the design characteristics of an individual building or project to the other
existing and planned structures in a harmonious manner, resulting in a coherent
overall development pattern and streetscape.
(D) The standards in this article are intended to discourage generic industrial box
development which do not further the design goals of the City.
(E) It is the purpose of this article to provide a process to ensure that historically
architecturally significant structures are conserved to the maximum extent feasible.
Sec. 511-20. Applicability.
(A) This article shall apply to all new construction on industrially zoned property and
new industrial development including any modifications, additions, or renovations
to building exteriors fronting on a listed arterial.
(B) The city commission may approve exceptions to this article as conditions to a site
plan approval upon making the following findings:
(1) There are circumstances peculiar to the site or the intended use that makes
compliance with a particular requirement of this article impracticable; and
(2) The applicant has offered significant enhancements to other pertinent aspects
of the site that the city commission determines will offset any negative impact
that an exception to these standards might otherwise create.
(3) The property does not front on a collector or arterial roadway.
(C) The community development director may waive the application of this article to
development that does not require a site plan approval, upon finding that the
requested development is so minimal that a waiver will not undermine the
accomplishment of the objectives of this article.
(D) When this article is applied to construction activity that does not require site plan
review, the community development director, or his designee, shall determine
compliance with this article upon permit application review.
Sec. 511-30. Appearance.
(A) All structures on a site shall create a unified architectural theme.
(B) Simple rectangular box structures shall be prohibited.
(C) Large, blank, unarticulated walls shall be prohibited.
(D) All buildings and building facades shall be articulated through the use of a coherent
and clear architectural design that incorporates rhythms in form and construction
details.
(E) Buildings facing a public street or interior courtyard space shall be architecturally
emphasized through entrance treatment, fenestration, and building details.
38 ORDINANCE#2012-008
i i n n facade facing a public street shall provide treatment
Bu ldm�s with more than one c g_p
for each facade.
(F) Roof and exterior wall surfaces, with the exception of glass areas shall be
nonreflective. Opaque surfaces and reflective or mirrored type glazing at ground
level visible from the sidewalk is prohibited.
(G) The use of flat steel or metal panels for the exterior walls is prohibited.
(H) The rear and sides of buildings shall be finished with material that in texture and
color resembles the front of the building.
(I) Glass windows and doors must make up at least twenty-five (25) percent of the
primary elevation of a corner site and ten (10) percent of the secondary elevation of
a corner site. On ground stories, the minimum required glass facade area shall be
measured between a height of two and one-half(2.5) feet and eight (8) feet above
the abutting_grade.
(J) The coloration of all buildings shall be nature blending with a maximum of three
(3) colors exclusive of roof. The use of "earth tone" or light pastel colors is
encouraged. Semi-transparent stains are recommended for application on natural
wood finishes.
(K) Building trim and accent areas may feature contrasting building materials and
different colors than the building field color, including use of primary colors, if
compatible with the architectural design.
(L) Buildings should have clearly defined public and employee entrances incorporating
a combination of elements such as:
• Canopies or porticos
• Overhangs
• Recesses/projections
• Arcades
• Raised corniced parapets over the door
• Peaked roof forms
• Arches
• Entrance framed by outdoor pedestrian features or enhanced landscaping
• Architectural details such as tile work and moldings integrated into the building
structure to frame the entryway
• Integral planters or wing walls that incorporate landscaped areas and/or sitting
areas
• Enhanced pedestrian surfaces.
(M) Work area or storage doors and open bays shall not open toward or otherwise be
visible from any of the designated principal roads.
(N) Heating, ventilation and air conditioning equipment, duct work, air compressors,
other fixed operating machinery shall be either screened from view or located so
that such items are not visible from the designated arterial, adjacent residential
properties or intersecting streets.
39 ORDINANCE#2012-008
(0) No temporary structures shall be permitted, except those allowed in article 675,
"Temporary uses" and associated signage. Office-type mobile units when used as
temporary facilities shall be screened from view from the designated arterial and
equipped with rigid skirting on all sides. Any towing gear shall be removed, and if
not removable, shall be screened from the designated arterial.
(P) A minimum distance of eight (8) feet shall be maintained between the front of any
building, including any walkway immediately adjacent thereto, and the parking
area. This space is to be reserved for landscaping, either existing or planned, and is
required to have a minimum three (3)-foot wide strip for plant material. No such
space is required at the sides or rear of the building unless there is an adjoining
residential use. This requirement is not applicable within the CRA form-based
zoning districts.
(Q) Windows and doors visible from any listed arterial street shall not be obstructed by
security bars or similar devices.
(R) Windows and doors visible from any listed arterial street shall not be obstructed by
storm or security shutters or panels, except as provided in chapter 8, sec. 8-186 of
the code of ordinances (storm shutter placement)
Sec. 511-40. Landscaping,walls and fencing.
(A) Industrial development must comply with article 275, "Landscaping
Requirements."
(B) The use of landscape accents, such as planters and window boxes, shall be
incorporated into the overall landscape design of the building and the site.
(C) Where hedges are utilized and adequate space exists, a tiered effect is required.
(D) Landscaped areas shall be surrounded with a six (6)-inch raised concrete curb.
Grade within areas to be landscaped shall be raised to curb-height.
(E) Chain link, barbed wire and similar fencing along a designated arterial are
prohibited. Where such fencing can be viewed from a designated arterial,
landscaping, berming, or both shall be provided to minimize visibility from the
designated arterial.
(F) Perimeter walls, if utilized, shall be architecturally compatible with the principal
structure.
Section 12. That Article 610 "Public Hearing Notices" of the City of Dania
Beach Land Development Code shall be amended to read as follows:
Sec. 610-10. Applicability.
All public hearings required in this code shall be noticed according to this article and in
accordance with Florida State Statutes and the Florida Administrative Code as may be
amended from time to time.
40 ORDINANCE#2012-008
Sec. 610-20. - Table of public notice requirements.
41 ORDINANCE#2012-008
TYPE PUBLIC NOTICE NOTICE RADIUS POSTING NOTICE
HEARINGS (minimum FORMAT REQUIRED?
number (see section
of days prior to 610-30
public for
hearing that requirements)
notice
must be given)
Administrative City Commission 10 days Standard Ad Within 300 feet No Posting at
Appeal City Hall
�e
Administrative None 10 days prior to Not Required Within 300 feet No Posting at
variance administrative City Hall
action lie
Land use map Planning and 10 days Standard Ad Within 300 feet Yes Posting at
amendment(small Zoning Board* City Hall
scale per F.S.§ City Commission Not Required Not Required Not Required No Posting at
163.3187(1)(c)) (first reading) Cijy Hall
City Commission 10 days Standard Ad Within 300 feet Yes Posting at
(second reading City Hall
adoption )
Land use map Planning and 10 days Large Ad Within 300 feet Yes, for map Posting at
amendment, other Zoning Board* for map amendments** City Hall
or change to list of amendments
permitted uses in when mailed
land use category notice is
provided in lieu
of News a er
Publication
City Commission 10 days Large Ad Within 300 feet Yes, for map Posting at
(first reading) for map amendments** City Hall
amendments
when mailed
notice is
provided in lieu
of News a er
Publication
City Commission 10 days Large Ad Within 300 feet Yes, for map Posting at
(second reading) for map amendments** City Hall
amendments
when mailed
notice is
provided in lieu
of News a er
Publication
Plat Planning & 10 days Standard Ad Not Required No Posting at
Zoning Board City Hall
City Commission 10 days (second Standard Ads" Within 300 No Posting at
reading only) feet13) City Hall
Site Plan Review, Director of Within 5 days Not Required Within 300 feet Yes None
Small-Scale Community following
Development administrative
review only (no action
public hearing)
Planning & 10 days Standard Ad Within 300 feet Yes Posting at
Zoning Board City Hall
***
Rezoning initiated Planning and 10 days Standard Ad Within 300 feet Yes** Posting at
by the City for 10 Zoning Board* when mailed City Hall
or more notice is
contiguous acres provided in lieu
of Newspaper
Publication
City Commission 10 days Large Ad Within 300 feet Yes" Posting at
(first reading) when mailed City Hall
notice is
provided in lieu
of Newspaper
Publication
City Commission 10 days Large Ad Within 300 feet Yes** Posting at
(second reading) when mailed City Hall
notice is
provided in lieu
of Newspaper
Publication
Table notations:
(I) Certain variances and special exceptions may be approved by the planning and zoning
board without city commission action, pursuant to article 625.
(2) This applies only to variances that are decided by the planning and zoning board.
(3) Second reading only.
(4) In accordance with Sec. 166.041 (3)(c)(2)(c), F.S., in lieu of publishing the
advertisement required by Sec. 166.041 (3)(c)(2)(b), F.S., the municipality may mail a
notice to each person owning real property within the area covered by the ordinance.
Such notice shall clearly xplain the proposed ordinance and shall notify the person of the
time, place, and location of any public hearing on the proposed ordinance.
* Acting as the local planning agency (LPA) for code amendments and all amendments to
the land use plan map.
** Except as provided in subsection 610-30(B)(5) for area-wide amendments.
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:
(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
43 ORDINANCE#2012-008
respective owners; or
(c) In the case of a condominium, notice shall be sent to the board of
directors of the applicable condominium association as listed as registered with
the Florida Department of State Division of Corporations.
Section 13. That Article 620 "Administrative Variances" of the City of Dania
Beach Land Development Code shall be amended to read as follows:
Sec. 620-40. List of authorized administrative variances.
(A) The community development director is authorized to approve the following
variances for single-family homes (and as to two-family homes existing as of the date of
adoption of this article, the provisions of subparagraph (A)(1) below shall also apply),
without review by the planning and zoning board and the city commission:
(1) Reduce required yards for a single-family home by a maximum of ten (10)
percent, not to exceed a maximum of a two (2) foot variance.
(2) Reduce of the required pervious area by a maximum of ten (10)percent.
(3) Increase of the maximum allowable lot coverage by a maximum of ten (10)
percent.
(4) Increase in the maximum fence height by a maximum of one (1) foot.
(5) Reduce minimum required lot width by a maximum of ten(10) percent.
(6) Reduce minimum required lot size by a maximum of ten (10) percent,
provided the request is consistent with the maximum permitted residential density
within the applicable zoning district and future land use plan map designation.
(7) Allow the finished decorative side of a fence to face to the interior of a lot.
Section 14. That Article 675 "Temporary Use and Special Event Permits" of
the City of Dania Beach Land Development Code shall be amended to read as follows:
Sec. 675-20. Temporary uses authorized.
(A) The following temporary uses are authorized in the commercial, industrial and CRA
mixed-use districts, and on lots developed for assembly and institutional uses in
other zoning districts subject to approval of the eity e0flifflissie Parks and
Recreation Director after staff review and recommendation, as provided in this
44 ORDINANCE#2012-008
subsection. The Parks and Recreation Director may require City Commission
approval of any event which is normally subject to administrative approval under
this subsection if the Parks and Recreation Director has determined that
neighboring property may be impacted by the proposed event. Additionally, an
event which is proposed to re-occur more that two (2) times per:calendar year upon
the s e property must obtain City Commission approval.
(1) Holiday sales of Christmas trees, pumpkins for Halloween, and other similar
temporary sales of a seasonal nature, excluding fireworks; and
(2) Events with less than 50 persons in attendance, as estimated
by the Parks and Recreation Director.
(1) Tempeassembly uses suehas-eewimereial carnivals, fairs, exhibitions
eraf shows, CA}Eerts,�A�6t16nc3EtEtie a similar-events.
(2) Special eveats-nm by nonprofitorehar-itable organizations.
(3) Holiday sales f Ghfz'istx3as Trees, pumpkins for Halloween, fireworks er
Foufth of july, and other-similar-+e,,,,.,,,,.a y sale" of a seasonal „atufe
(4) Other- uses of a similar- and temper-ar-y nature where the period of use will not.
extend beyond sixty (60) days dtifing any ea4endar-year-,
(B) The following temporary uses and special events shall be approved by City
Commission after staff review and recommendation, as provided in this subsection:
(1) events with more than 50 persons in attendance, as estimated by the Parks
and Recreation Director,
(2) events that occur over a five (5) hour period or loner
(3)multi-day events;
(4) events requiring street closures;
(5) any event that requires an outside agency to review the proposed event;
(6) any event involving the sales or use of fireworks;
(7) temporary assembly uses such as commercial carnivals, fairs, exhibitions,
craft shows, concerts,promotional activities or similar events;
(8) garage sales located on property within a non-residential zoning district
pursuant to Section 21-42; and
(9) other uses of a similar and temporary nature where the period of use will
not extend beyond sixty (60) days during any calendar year.
The city commission may, in its initial resolution approving a temporary use, authorize
the subsequent administrative approval by the Parks and Recreation Director of a future
event that occurs on a regular basis (ex: annually) at specific locations, consistent with
the terms and conditions provided in the original resolution providing for temporary use
approval.
(C) This section does not to apply to local shows or amusements held in theaters,
auditoriums or permanent buildings designed and permitted for assembly uses, or
any amusement park established in the city on a permanent basis.
(D) The following temporary uses are permitted without further review, in connection
with development projects which are subject to city commission approval, unless
45 ORDINANCE#2012-008
I
the use was previously reviewed during the site plan approval process, in which
case administrative approval is authorized.
(1) Offices for sale of real estate or for persons engaged in the development, within
temporary buildings or office trailers which are approved consistent with all
building
permit submittal requirements for temporary structures.
(2) Construction materials storage and processing.
(3) Equipment storage.
(4) Model homes or sample apartments.
(5)Activities of religious, institutional, or governmental entity under construction,
reconstruction, renovation or enlargement.
(E) Garage (yard) sales are permitted in r-esidenfia4 zaning-d 4iet-s subject to the
limitation on frequency and license requirement set forth in chapter 21, article 3 of the
Code of Ordinances, and the signage allowance in sec. 505-170(I). Garages sales located
on property within a non-residential zoning district shall be subject to temporary
approval by the city commission in accordance with the procedure provided in this
section.
Sec. 675-40. Standards and procedures for approval of temporary use.
(A) The city manager or designee shall review the application and all support
documents for completeness. The city manager's ^ manager or designee shall
notify the applicant of any deficiencies in the application or support documents and
specify what additional requirements are to must be met. Once the city manager's
effiee manager or designee has determined that the application and support
documents are complete, the application and support documents shall be distributed
for staff review.
(B) Once the required documentation has been provided, the application
will be scheduled the appliemi for hearing on the agenda of the next available
city commission meeting.
(C) For applications subject to city commission review pursuant to sec. 675-20, the
city commission-shall approve, approve with conditions pursuant to subsec. (D), or
deny the proposed application at a public hearing based upon the applicant's
demonstration that the use will be in compliance with the terms of this article and
all pertinent code requirements, and that adequate provision and assurance has been
made for traffic control, trash cleanup, special event signage, public safety
considerations, and compatibility with adjacent uses.(D) For applications subject to
administrative review and approval by the Parks and Recreation Director, the Parks
and Recreation Director shall determine that the foregoing requirements are met
prior to approval of the application. The city commission, or Parks and Recreation
Director as applicable under sec. 675-20), may impose reasonable conditions as are
46 ORDINANCE#2012-008
necessary to ensure compliance with the applicable standards of these land
development regulations.
Section 15. That Article 725 "Definitions" of the City of Dania Beach Land
Development Code shall be amended to read as follows:
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.
Garage sale. See"garage sale" as defined in Section 21-41 of the Code of Ordinances.
Massage therapy services establishment. An establishment where services involving the
manipulation of the superficial tissues of the human body with the hand, foot, arm, or
elbow are performed.
Merchandise rental or leasinz store. An establishment primarily used, designed or
constructed for the rental or leasing of merchandise,through a lease or rental arrangement
by which ownership of rented or leased merchandise is not acquired until the required
rental or lease term is completed or the renter or lessee of such merchandise exercises an
early purchase option. A "merchandise rental or leasing store" shall not be considered to
be a"retail store."
Mobile Vendors. Retail sales of goods, services or food from a motorized vehicle, or a
contained unit able of being readily moved, or from temporary fixtures on a
property outdoors, instead of the activity occurring within a building designed, approved,
and licensed for such activity.
Personal service establishment. A business primarily engaged in providing individual
services on the premises involving the care of a person or their apparel, eyewear,jewelry
and other items worn on one's person. Such establishments include beauty salons,
tailors, shoe repair, heensoa massage *ho, py,- personal training (fitness) studios, health
and beautyspas, and other similar uses. Astrologists and other fortune telling activities,
medical services, massage therapy establishments which are not accessory to a permitted
personal service establishment, and mortuaries and related businesses shall not be
considered personal service establishments.
47 ORDINANCE#2012-008
Resale boutique. A shop that displays and sells used articles, especially clothing for
a profit to the general public.
Special residential facility. A special residential facility is a term that is inclusive only of
the following: community residential home and residential care facility. A special
residential facility specifically excludes any residential facility tha
t ,
shet4 tear ear-e, or- whne.h. houses or treats persons who are of danger to themselves or
others, ,,,h are ,, 1.,o1„ , 1 - 1fugsor- exhibiting dFugor- aleehol depe deney, or who
suffer from acute mental crisis. `Acute mental crisis' means a person who is experiencing
a psychotic episode or a high level of mental or emotional distress which may be
precipitated by a traumatic event or a perceived life problem for which the individual's
typical coping strategies are inadequate, edie,' or- efien ' efisis bo,.ause e f the
use of of beverages eheaefi .e ^ ^a altering substanee. See also
dwelling unit, special residential facility.
Residential care facility. A residential facility licensed by the State of Florida to provide
any combination of nursing care, injury or illness rehabilitation, personal services,
community reentry training, aids for independent living, or counseling, but not ffie
serieesT-to persons with disabilities as defined by Federal Law, as well as clients of the
Florida Department of Elderly Affairs, the Florida Agency for Persons with Disabilities,
the Florida Department of Children and Family Services, or the Agency for Health Care
Administration. This term does not include hospitals licensed under Chapter 395, F.S., as
may be amended from time to time, or any federally operated hospital facility. Examples
include but are not limited to facilities typically referred to as nursing homes,
convalescent homes, and assisted living facilities. "Adult residential care facilities" are
separately defined in this section, and subject to additional standards as provided in
Section 105-70.
Retail store. An establishment used, designed or constructed for display and sale of new
merchandise at retail to the general public.
Charity or Thrift shop. A shop in which the items sold (or given away to the needy)
have been obtained through donations or gifts and where the donor receives no value
upon the sale (or gift) of such merchandise to a thrift shop customer, and where the use is
designed to sell donated merchandise at a price below reasonable market value, or where
the revenue received from selling same is retained by a charitable or not-for-profit
organization or institution.
48 ORDINANCE#2012-008
Yard sale. A"garage sale", as defined in Section 21-41 of the Code of Ordinances.
Section 16. That Article 805 "Concurrency Determinations" of the City of
Dania Beach Land Development Code shall be amended to read as follows:
Sec. 805-100. Public schools concurrency.
(G) Level of Service Standard. The level of service standard (LOS) shall berme
(FISH) eapaeity for eaeh C—eneuFfeneySey-viEe Area. The r OS shall be .,ehieve
and maintained -A4thin the period eeveredythe five year- sehe „le of p to
F^^;';t,os; D'^r mEFn) consistent with the most currently adopted Interlocal
Agreement for Public School Facility Planning in Broward County.
(H) Concurrency service areas (CSAs). The areas for implementation of public school
concurrency in the city shall be known as concurrency service areas (CSAs), which
shall be the approved school boundaries for elementary, middle and high schools,
as annually adopted by the school board, or as identified in the most currently
adopted Interlocal Agreement for Public School Facility Planning in Broward
Coun . For the purpose of public school concurrency, such CSAs shall be
effective starting on the first day of the school year, and ending on the last day
before the beginning of the next school year.
Section 17. That Article 830 "Tree Abuse" of the City of Dania Beach Land
Development Code shall be amended to read as follows:
Sec. 830-40. Definitions.
(A) Tree abuse: "Tree abuse" shall mean:
Section 18. All ordinances of the City of Dania Beach in conflict with any
49 ORDINANCE#2012-008
i
provisions of this ordinance are hereby repealed to the extent of such conflict.
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. 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 21. That this Ordinance shall take effect immediately at the time of its
passage and adoption.
PASSED on first reading on March 27, 2012.
PASSED AND ADOPTED on second reading on May 8, 2012.
1
� . 9S6��
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
v+pRD's P,
APPROVED AS TO ORM AND CORRECTNESS: ♦Q`° = rC���
TH IAS X ANS RO
CITY ATTORNEY
50 ORDINANCE#2012-008