HomeMy WebLinkAboutO-2012-025 Land Development Code 6th Text Amendment ORDINANCE NO. 2012-025
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY
AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND
OPEN SPACE ZONING DISTRICTS" AND ARTICLE 110 "USE
REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS"
CONCERNING PERMITTED USES IN ZONING DISTRICTS AND
PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING
ARTICLE 240 "DOCKS AND MOORING STRUCTURES" CONCERNING
REGULATIONS OF DOCKS AND MOORING STRUCTURES; AMENDING
ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS" CONCERNING
REQUIREMENTS FOR APPROVAL OF ALTERNATE PARKING
STANDARDS; AMENDING ARTICLE 309 "ADDITIONAL DEVELOPMENT
STANDARDS" CONCERNING STREET IMPROVEMENTS WITHIN THE
COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING
DISTRICTS; AMENDING ARTICLE 610 "PUBLIC HEARING NOTICES"
CONCERNING NOTICE AND ADVERTISING REQUIREMENTS FOR
DEVELOPMENT ORDERS; AMENDING ARTICLE 640 "PLATS"
CONCERNING PROCEDURES FOR APPROVAL OF APPLICATIONS
REGARDING PLATS; AMENDING ARTICLE 675 "TEMPORARY USE AND
SPECIAL EVENT PERMITS" CONCERNING REGULATIONS OF
TEMPORARY USES AND SPECIAL EVENTS; AMENDING ARTICLE 710
"NONCONFORMING USES, STRUCTURES, AND LOTS" CONCERNING
REGULATIONS OF NONCONFORMING USES, STRUCTURES, AND LOTS;
AMENDING ARTICLE 725 "DEFINITIONS" TO AMEND THE
DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; AMENDING
ARTICLE 805 "CONCURRENCY DETERMINATIONS" CONCERNING
PROCEDURES FOR DEDICATION OR PAYMENT IN-LIEU OF
DEDICATION FOR RECREATION, PARKS AND OPEN SPACE
REQUIREMENTS; AMENDING ARTICLE 825 "TREE PRESERVATION" TO
AMEND THE REQUIREMENTS FOR TREE REPLACEMENT; 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 of such authority; 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, Community Development Department staff has identified a need to amend
the Code in order to authorize and provide regulations for concession uses located on City-
owned property; and
WHEREAS, Community Development Department staff further desires to authorize
reconstruction of legally nonconforming residential docks which have sustained substantial
damage,provided that approval is obtained from all required permitting agencies; and
WHEREAS, in the interest of redevelopment and efficient usage of lands within the
City, Community Development Department staff desires to clarify the procedure for satisfaction
of off-street parking requirements for development through alternate parking standards which
consider the available level of transit service, proximity to multimodal transportation facilities
and other best practices; and
WHEREAS, as public pedestrian circulation is one of the most important aspects of a
successful redevelopment area, Community Development Department staff has identified a need
to clarify the procedures for provision of streetscape and pedestrian improvements within the
Community Redevelopment Area(CRA); and
WHEREAS, Community Development Department staff desires to amend the Code in
order to clarify the procedure for approval of plats and plat-related applications, and related
notice and advertising requirements; and
WHEREAS, Community Development Department staff further desires to amend the
Code in order to provide for limited administrative approval of reoccurring special events and
temporary uses which were previously approved by the City Commission, and which will
comply with the conditions and terms of their initial approval; and
WHEREAS, Community Development Department staff desires to encourage the
aesthetic improvements of existing structures, and has proposed to authorize the limited
2 ORDINANCE#2012-025
improvement of an exterior fagade of a nonconforming structure or structure devoted to a
nonconforming use; and
WHEREAS, Community Development Department staff has identified a need to amend
Article 725 "Definitions"to implement the amendments included in this Ordinance; and
WHEREAS,to provide for clarity of the City's procedure for payment of a fee-in-lieu of
dedication of recreational and open space land to meet the needs created by development,
Community Development Department staff recommends amendment to the procedures for
determination of the amount of the required fee; and
WHEREAS, Community Development Department staff desires to amend the Code to
authorize an exemption from tree replacement requirements for single-family or duplex lots
which otherwise satisfy the Code by providing the required minimum number of trees; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings 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 105 "Use Regulations for Residential and Open Space Zoning
Districts" of the City of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 105. USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE
ZONING DISTRICTS.
3 ORDINANCE#2012-025
Sec. 105-20. List of residential and open space districts permitted, special exception and
prohibited uses.
Lenend
P—permitted 0 L6
P(#)—permitted subject to N 0
numbered footnote T" O ci
A—permitted accessory use only Cb 9 N
CO
SE—permitted special exception W
LU
use only 0 0 0 O
-Not permitted
m 0 0 0 '
� GO 00 � N
USES
W Ix It W Z Of It It a- N W O
Academic schools SE SE SE SE SE SE SE SE 1P SE W
Agriculture [subject to sec. 105- P Imo' NIP NP IMP W or 1
180
Cluster—Sin le-famil W `V NP 1 * * :` w` P III P W ; IMP
Community residential home P P P P P P P P P P I
Type 1 subject to sec. 105-170
Community residential home =!P'`` W SE SE SE W UP NP
Type 2 subject to sec. 105-170
Concession use fsubiect to sec. W ` :` '� P
105-150
Docking and mooring of boats;
incidental repair[subject to sec. A A A A A A A A A A A
240-20
Electrical transmission lines P 1Pr' '' i ': 'tip
subject to sec. 105-180 -
Emergency generators for
single-family detached and two- A A A A A A A A A W Ii1P
family dwellings[subject to sec.
285-10
Essential services SE SE SE SE SE SE SE SE SE SE SE
Government facilities[subject to P !IP` MW_ 1110V tip AP
sec. 105-180
Home and common area based
assembly[subject to sec. 105- A A A A A A A A A A !
100
Home occupation [subject to A A A A A A A A A A IIiP
sec. 105-80
Mechanical amusement devices Itii� !P 1�' I A A A 11P #P'
subject to sec. 110-60
Mobile home parks and ilia ram` ` '1�P' ' IIP ice' P !
subdivisions[subject to sec. 105-
200].
Municipally owned or operated SE SE SE SE SE SE SE SE SE SE SE
parking
Municipally owned or operated P P P P P P P P P P P
arks and recreation areas.
Multifamily dwellings[subject to NP NP NP #P P(2) P P P I tip W
sec. 105-50, 105-70
Place ofworshi Ili ' ilk'' 1 ?':" i >. IP NP ! '
Private clubs, charitable, civic, NP I NP F W J _W I 1P, MP W1
4 ORDINANCE#2012-025
Legend
P—permitted 0
P(#)—permitted subject to 0 00
numbered footnote � 0
A—permitted accessory use only Ch 9 N
SE—permitted special exception M Cf) a)
use only o 0 0
0 0 0 ,
-Not permitted
°r° a0o aa? = N p 0 2
USES
w z W. � � aN � O
fraternal and professional
organizations
Private recreation facilities such SE SE SE SE W SE SE SE NP SE NP
as swimming pools, golf courses,
tennis courts, marinas and
accessory facilities including
restaurants
Residential care facilities NP NP NP NP NP W NP SE SE W NP
subject to sec. 105-170 .
Single-family detached dwellings P P P P P P P P P 1 P NP
Townhouses 1P NP W NP NP P P P P 1 NP NP
Two-family dwellings F 11 NP" NP P P P P P P 1 W W
Sec. 105-150. Resefved. Concession Use.
�A) A concession use shall be located entirely o�ty-owned land,
A concession use shall be operated in accordance with a lease agreement approved by
the Ci
Section 3. That Article 240 "Docks and Mooring Structures" of the City of Dania
Beach Land Development Code is amended to read as follows:
ARTICLE 240. DOCKS AND MOORING STRUCTURES.
Sec. 240-20. Construction of accessory boat slips and docks on waterways; limitations.
(A) Boat slips and docks may be constructed by the owner of any waterfront lot where a
principal building exists.
(B) Accessory docks shall not extend into the waterway more than five (5) feet beyond the
property line, unless the waterway exceeds fifty (50) feet in width; in which case a dock or
slip may extend up to ten(10) percent the width of the waterway, or a maximum of twenty
(20) feet, whichever is smaller, measured from the property line.
(C) Notwithstanding section 240-20(B) above and the provisions of article 710, residential
docks previously constructed and with structural evidence remaining at the effective date
of adoption of this subsection and which have sustained substantial damage as defined in
5 ORDINANCE#2012-025
section 710-20 may be reconstructed, provided that approval is obtained from all required
permitting agencies.
(G 1?)The deck of an accessory dock shall not exceed three (3) feet above mean high tide level,
except when the adjacent property is higher than three (3) feet above mean high tide level
the deck may be of the same elevation as the average ground level abutting the seawall.
(D E)Only materials and preservatives approved by the Florida Department of Environmental
Regulation (D.E.R.) [Florida Department of Environmental Protection (D.E.P.)] and the
Broward County Environmental Quality Control Board (B.C.E.Q.C.B.) can be used in
submersion applications.
(B F)Mooring or dolphin piles shall not extend into the waterway more than five (5) feet beyond
the property line, unless the waterway exceeds fifty (50) feet in width; in which case a
mooring or dolphin pile may extend up to ten (10)percent the width of the waterway, or a
maximum of twenty (20) feet, whichever is smaller, beyond the property line, except as
provided in subsection(F),below, for the Dania Cut-off Canal.
(EG) For docks existing in the Dania [Beach] Cut-off Canal at the original effective date of
adoption of this provision, September 22, 1987, mooring or dolphin poles shall be allowed
to extend into the canal the same distance as the docks existing as of said ordinance
adoption date.
(6 H) No boathouse, permanent covering, or temporary covering for a boat shall be permitted
within the setback area required for the zoning district in which such shelter is to be located
nor shall any boat house, permanent covering or temporary covering for a boat, or any
other structure be permitted within or over any public waterway.
( I I) Prior to the commencement of any construction activities, a permit for the erection of
docks, slips, boat davits, hoists, mooring piles or similar boat mooring structures shall be
obtained from the building department, and if constructed on or in navigable waters, the
approval of all governmental authorities regulating the erection of such mooring structure
must be secured. Further, before a permit is issued to any person to construct such mooring
structure, the person shall certify that he either owns the land abutting the water upon
which the mooring structure will be constructed or produce written consent of the owner or
owners, be it a private person or a governmental agency, to construct such mooring
structure in the particular waterway.
(I_D Inspection of all mooring structures, private, municipal and commercial, under the
jurisdiction of the city, is the responsibility of the building official. In the event any
mooring structure shall be found in an unsafe or unsatisfactory condition, the owner shall
be notified in writing that he has a period of thirty (30) days to correct the condition.
(3 K)No extension of a boat-lifting device capable of being submerged shall extend more than
twenty-five (25) percent of the width of the waterway, not to exceed fifteen (15) feet,
unless a variance is first granted for same by the planning and zoning board and a
6 ORDINANCE#2012-025
guidepole is attached to the end of such device which extends over the waterway. The
guidepole shall be a pole no less than one and one-half (1 1/2) inches in diameter and
permanently attached to such device. The guide pole shall be vertical and extend at least six
(6) feet above the surface of the water at all times and shall display a reflective color over
the exposed surface.
(K L)No cooking, sleeping or business activity shall be permitted or conducted on a dock.
Section 4. That Article 265 "Off-Street Parking Requirements"of the City of Dania
Beach Land Development Code is amended to read as follows:
ARTICLE 265. OFF-STREET PARKING REQUIREMENTS.
Sec. 265-60. Alternate parking standards.
(A) The genesis of this section is the city's recognition that the minimum parking requirements of
this article, in certain circumstances, may result in excess provision of parking. Excess parking
supply results in the inefficient use of land at the expense of additional landscaped area, civic
space, or building area and subsequent tax revenue and employment. Requests under this section
shall be based strictly upon the criteria of this section, and shall not be based upon hardship,
which is the purview of the variance process, nor inconvenience or cost.
(B) An applicant for a development order or permit may propose an alternate parking standard
based upon a parking study or other data that justifies an alternative standard, and based upon
best professional practices, taking into account the availability level of transit service, proximity
to multimodal transportation facilities and other best practices as Feeeaffneaded in the D
determined by the community development director.
(C) Acceptable documentation includes applicable studies, demonstration of the successful use
of the standard by similar development projects, or unique characteristics of the proposed use,
which may include its location, operation or other characteristics that warrant a lower parking
requirement.
(D) City commission review and approval shall be governed by the site plan approval process.
Section 5. That Article 309 "Additional Development Standards" of the City of
Dania Beach Land Development Code is amended to read as follows:
ARTICLE 309.ADDITIONAL DEVELOPMENT STANDARDS.
7 ORDINANCE#2012-025
Sec. 309-10. Complete street improvements.
(D) Payment in lieu of construction or complete street improvements. The amount of the
required payment to the payment-in-lieu program for complete street improvements shall
be determined by the average cost to the Community Redevelopment Agency for the
construction and provision of required improvements provided in the Community
Redevelopment Agency redevelopment plan on an average cost basis for each foot of the
street frontage of each lot. The average total cost shall be determined by the public services
director in coordination with the community development director and the director of
finance based upon the total cost of all improvements for a typical block face, divided by
the number of linear feet of the typical block face. The costs shall include actual costs and
fees for design, legal and engineering services, actual construction and hardware,
inspection, finance, and planning. The in-lieu fee payment amount based on these average
total costs shall be established by FeseltAien of the city eemmissien administratively by the
public services director in coordination with the community development director and the
director of finance. P For new construction or expansion to the gross floor area of an
existing_pnncipal building exceeding the lesser of two thousand five hundred (2,500)
square feet or thirty-three (33) percent of the existing gross floor area of the building,
payment in lieu of construction of street improvements, if used to comply with this section,
shall be due prior to the issuance of a building permit for vertical construction of or
expansion to a principal building or structure on the lot, provided that the property owner
may execute an agreement with the city that requires payment prior to the initial certificate
of occupancy. Theis agreement shall require the property owner to provide for surety in
the event of default in a form and amount approved b, tom, attorney.
(1) Annual evaluation. The amount determined to be the Cis total average cost for
improvements to a typical block face in subsec. (D) shall be evaluated yearly by the
city communi , development director based upon the Construction Cost Index (CCI)
or the Consumer Price Index (CPI). If determined to be necessary, the €eee
in-lieu fee payment amount shall be amended by resolution of the eity eemmissi
administratively by the public services director in coordination with the community
development director and the director of finance.
(2) Deposit of payment-in-lieu program funds. Funds generated through the complete
street improvements in-lieu fee program shall be deposited in an account or accounts
specifically established by the Community Redevelopment Agency to provide the
required improvements within the applicable district of the street improvement
payment-in-lieu districts established by the Community Redevelopment Agency. The
community development director and the executive director of the Q;6k Community
Redevelopment Agency shall maintain a map which includes a listing of the complete
street improvements payment-in-lieu districts and meounts and geograQhic locations
of such districts, for the purposes of the administration of this section.
8 ORDINANCE#2012-025
(3) Use of payment-in-lieu program funds. The fees collected i* through the complete
street improvements payment-in-lieu fund shall be used only for the construction and
improvement activities established pursuant to subsec. (D) within the applicable
payment-in-lieu of construction district, or to reimburse capital costs or advances, or
related financing costs, for such complete street construction and improvement
activities undertaken, or being undertaken, by the Community Redevelopment
Agency within the applicable payment-in-lieu of construction
district.
Section 6. That Article 610 "Public Hearing Notices" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 610. PUBLIC HEARING NOTICES.
Sec. 610-20. Table of public notice requirements.
APPLICATION REQUIRED TIMING NEWSPAPER MAIL SIGN OTHER
TYPE PUBLIC OF NOTICE NOTICE POSTING NOTICE
HEARINGS NOTICE FORMAT(see RADIUS REQUIRED?
(mum section 610-30
number for
ofclays �)
to public
hearing
that native
must be
given)
Plat Planning & 10 days Standard Ad Not No Posting
Zoning Required at City
Board Hall
City 10 days Standard Ads Within No Posting
Commission (seeend 300 at City
reading feet Hall
only)
Section 7. That Article 640 "Plats" of the City of Dania Beach Land Development
Code is amended to read as follows:
ARTICLE 640. PLATS.
9 ORDINANCE#2012-025
Sec. 640-50. Plat review criteria; city commission action.
(A)Every plat shall comply with all requirements of this code. The city commission may
approve, approve with conditions, or deny a plat application by resolution, based upon its
findings relative to the review criteria.
by the ehmten
Sec. 640-70. Amendment of plat.
(A) Subsequent to city commission approval of a plat, the plat may be amended felle-A4fig the
same pr-eeess diet applies to new plats in this ai4iele by the city commission, except for the
following amendments that may be approved administratively.
Section 8. That Article 675 "Temporary Use and Special Event Permits" of the City
of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 675. TEMPORARY USE AND SPECIAL EVENT PERMITS.
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 city commission after staff review and
recommendation, as provided in this section.
(1) Temporary assembly uses such as commercial carnivals, fairs, exhibitions, craft
shows, concerts,promotional activities, and similar events.
(2) Special events run by nonprofit or charitable organizations.
(3) Holiday sales of Christmas Trees, pumpkins for Halloween, fireworks for Fourth of
July, and other similar temporary sales of a seasonal nature.
(4) Other uses of a similar and temporary nature where the period of use will not extend
beyond sixty(60)days during any calendar year.
(B) The city commission may, in its initial resolution approving a temporary use, authorize the
subsequent administrative approval by the community development director of a future
event that occurs on a regular basis (e.g., gpproved events reccurring annually, or approved
events reoccurring seasonally but no more than four(4) times per calendar year) at specific
10 ORDINANCE#2012-025
locations,—, Reoccurring events shall be consistent with the all terms and conditions
provided in the original resolution providing for temporary use approval.
Section 9. That Article 710 "Nonconforming Uses, Structures and Lots" of the City
of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 710. NONCONFORMING USES,STRUCTURES,AND LOTS.
Sec. 710-20. Definitions and term usage.
(A) Substantial damage. Damage of any origin sustained by a structure where the cost of
restoring the structure to its condition prior to damage would equal or exceed fifty (50)
percent of the adjusted replacement cost of the structure before the damage occurred, as
estimated using the most current RS Means or Marshall & Swift construction cost data
publications.
(B) Substantial improvement. Replacement of any two (2) exterior walls and the roof within a
period of one (1) year shall constitute a substantial improvement. Substantial improvement
shall also mean any repair, reconstruction or improvement of a structure within a period of
one (1) year, the cost of which equals or exceeds fifty (50) percent of the market value of
the structure, as determined by the Office of the Property Appraiser of Broward County,
either (1) before the improvement or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occurred. The total cost shall not include
nonstructural interior finishing, except when determining whether the structure has been
substantially improved as a result of a single improvement or repair, or substantially
damaged as a result of a single event. For purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall, ceiling, floor or
other structural part of the structure commences, whether or not that alteration affects the
external dimension of the structure. The term does not include (1) any project for the
improvement of a structure to comply with existing state or local health, sanitary or safety
code specifications which are necessary solely to assure safe living conditions; or (2) any
alteration of a structure listed on the National Register of Historic Places or the Florida
Inventory of Historic Places, or (3) gny aesthetic improvement of an exterior facade which
does not increase the footprint of a nonconforming structure or the square footage
structure devoted to a nonconforming use, or the number of nonconforming dwellingunits,
and is approved by the community development director in accordance with sec. 710-
60(F)(4).
Sec. 710-60. Exceptions to limitations on the continuance of nonconforming uses and
structures.
11 ORDINANCE#2012-025
(F) Maintenance, repairs and improvements.
(1) If damage is not substantial as defined in this Land Development Code, all repairs
shall be completed (see sec. 725-30, "Construction, completion of') within one (1)
year after damage occurs or such use or structure can be rebuilt and reused only in
conformity with the code requirements in effect at the time of repair, reconstruction
and establishment of a new use.
(2) Normal maintenance, repair and incidental alteration of a nonconforming structure or
a structure containing a nonconforming use is permitted,provided it complies with all
building code requirements and does not extend the area or volume of space occupied
by the nonconforming use. A structure containing residential nonconforming uses
may be altered in any way to improve interior livability. However, no structural
alterations shall be made which would increase the number of dwelling units.
(3) Nonconforming structures or structures devoted to nonconforming uses may be
improved as long as the improvement complies with all code requirements and does
not constitute a substantial improvement as defined in this Land Development Code.
(4) Notwithstanding the provisions of this article, the community development director
may approve the aesthetic improvement of the exterior facade of a nonconforming
structure or structure devoted to a nonconforming use,provided that:
( ) The improvement is limited to the aesthetic improvement of the exterior
facade and does not increase the footprint of a nonconforming structure, the
square footage of a structure devoted to a nonconforming use, or the number of
nonconforming dwelling units; and
(b) The improvement will be consistent with all applicable code requirements
relevant to the aesthetic standards for an exterior facade, as determined by the
community development director.
Section 10. That Article 725 "Definitions" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 725. DEFINITIONS.
Sec. 725-30. Terms defined.
Concession. A private business operated on public property in accordance with a lease
agreement. Examples of concessions include food and beverage operations, pro shops and other
similar businesses.
I
12 ORDINANCE#2012-025
Section 11. That Article 805 "Concurrency Determinations" of the City of Dania
Beach Land Development Code is to remain unchanged.
Section 12. That Article 825 "Tree Preservation" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 825. TREE PRESERVATION.
Sec. 825-100. Tree replacement.
(D) Exemption from tree replacement for single family er- duplex lots. Trees on a single
family er- duplex lot with a number of trees in excess of minimum requirements under
sec. 275-160 (landscape requirements for single-family and duplex lots) are not required
to be replaced, provided that the minimum number of trees under sec. 275-160 are
installed, maintained or relocated on the lot and no more than two (2) trees are removed
and exisfing trees eemiAed tewaf-ds the mini . �ment have been insWied greater-
This exemption shall
not apply to the removal of specimen trees.
Section 13. All ordinances of the City of Dania Beach in conflict with any provisions
of this ordinance are repealed to the extent of such conflict.
Section 14. 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 15. 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.
13 ORDINANCE#2012-025
Section 16. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on September 25, 2012.
PASSED AND ADOPTED on second reading on October 9, 2012.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FO CORRECTNESS: p�Fs r4 f
r
THOMAS J. ANSB
CITY ATTORNE
a� 1
14 ORDINANCE#2012-025