HomeMy WebLinkAboutO-2013-001 Land Development Code 7th Text Amendment First Reading ORDINANCE NO. 2013-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY
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" TO AMEND CONDITIONS OF USE; AMENDING
ARTICLE 315 "HOTEL OVERLAY DISTRICT" CONCERNING
REQUIREMENTS FOR INCLUSION OF PROPERTIES WITHIN THE HOTEL
OVERLAY ZONING DISTRICT; AMENDING ARTICLE 625 "VARIANCES"
CONCERNING REQUIREMENTS RELATED TO VARIANCE APPROVAL;
AMENDING ARTICLE 630 "SPECIAL EXCEPTION USES" CONCERNING
REQUIREMENTS RELATED TO SPECIAL EXCEPTION APPROVAL;
AMENDING ARTICLE 635 "SITE PLANS" CONCERNING
REQUIREMENTS RELATED TO SITE PLAN APPROVAL AND
COMPLIANCE WITH APPROVED SITE PLAN REQUIREMENTS;
AMENDING ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT
PERMITS" REGARDING REQUIREMENTS FOR TEMPORARY USES AND
SPECIAL EVENTS; AMENDING ARTICLE 710 "NONCONFORMING USES,
STRUCTURES AND LOTS" CONCERNING ALLOWABLE
IMPROVEMENTS TO NONCONFORMING STRUCTURES; 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 for amended regulations for cabinet or furniture
shops, and wholesale combined office-showroom-warehouse facilities, within the Marine (MA)
zoning district; and
WHEREAS, Community Development Department staff further desires to amend the
supplemental development regulations which apply to certain uses in commercial and industrial
zoning districts, and to amend the requirements for outdoor seating on appropriate properties
within commercial zoning districts; and
WHEREAS, in the interest of providing for a cohesive development pattern within the
Hotel Overlay District, Community Development Department staff desires to include a
requirement that all properties included in the district be contiguous; and
WHEREAS, Community Development Department staff desires to amend the Code in
order to provide that all variance approvals governed by Article 625 "Variances" shall
automatically expire and become null and void unless the applicant files a complete building
permit application with construction drawings for all improvements for which the variance was
granted within eighteen (18) months from the date of variance approval, provided that the
applicant shall have the ability to apply for an extension of twelve (12) additional months; and
WHEREAS, Community Development Department staff desires to amend the Code in
order to provide for amended criteria for the approval of variances governed by Article 625
"Variances"; and
WHEREAS, Community Development Department staff desires to amend the Code in
order to provide that all special exception approvals shall automatically expire and become null
and void unless the applicant submits all development permit applications and construction
drawings that are necessary to establish the special exception use within eighteen (18) months
from the date of special exception approval, provided that the applicant shall have the ability to
apply for an extension of twelve(12) additional months; and
WHEREAS, Community Development Department staff desires to amend the Code in
order to provide that all site plan approvals shall automatically expire and become null and void
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unless the applicant files a complete building permit application with construction drawings for
all improvements shown on the site plan within eighteen (18) months from the date of site plan
approval, provided that the applicant shall have the ability to apply for an extension of twelve
(12)additional months; and
WHEREAS, Community Development Department staff desires to amend Section 675-
20 "Temporary Uses Authorized" in order to provide for procedures for administrative
reapproval of recurring temporary uses and special events; and
WHEREAS, Community Development Department staff further desires to amend the
Code in order to provide for express provisions with regard to the enforcement of site plan
restrictions, requirements and conditions; and
WHEREAS, Community Development Department staff desires to encourage the
aesthetic improvements of existing structures, and has proposed to authorize nonconforming
two-family (duplex) dwelling structures to reconstruct following substantial damage, as defined
in sec. 710-20(A), provided at least one dwelling unit of the structure has been granted a
homestead tax exemption pursuant to Section 196.031, Florida Statutes; 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.
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Section 2. That Article 110 "Use Regulations for Commercial and Mixed-Use
Districts" of the City of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE
DISTRICTS.
Sec. 110-20. List of permitted,special exception and prohibited uses.
Legend MIXED USE DISTRICTS COMMERCIAL ZONING
P—permitted DISTRICTS
P(#)—permitted
subject to C7
numbered
footnote A—permitted �20 CRA FORM-BASED DISTRICTS
�
accessory use r
only
SE—permitted
special
exception use ; a
only ; o
- not permitted 0� fa 3 M
USES 0a nw v v z U U U U
Cabinet or
furniture shop NP NP NP NP NP P NP NP NP NP
[subject to section NP
110-250]
Wholesale:
combined office- NP NP NP NP NP NP NP NP NP P
showroom- NP
warehouse facility
Sec. 110-200. Outdoor restaurant seating.
Outdoor restaurant seating is permitted as an accessory use to an indoor restaurant containing at
least five hundred (500) square feet of gross floor area, in accordance with the following
requirements: -
(A) Outdoor seating as an accessory use to an indoor restaurant is permitted without a special
exception in the commercial zoning districts listed in sec. 100-60(c)provided that the subject
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property.is not adjacent to any residential use or M property located within a residential zoning
district or mixed-use zoning district as listed in sec. 100-60(a) and(b).
(B) Outdoor seating on properties within the commercial zoning districts which are adjacent to
residential use or any property located within a residential zoning district, shall require a special
exception.
(C) A minimum 500 foot separate between outdoor seating and residential use or zoned land is
required.
(D) Music shall not be permitted to be performed or amplified within outdoor seating areas.
Q Outdoor seating requires its own certificate of use.
Section 3. That Article 115 "Industrial Districts: Permitted, Prohibited and Special
Exception Uses, and Conditions of Use" of the City of Dania Beach Land Development Code is
amended to read as follows:
ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES,AND CONDITIONS OF USE
Sec. 115-50. Conditions of use.
76 Provided the area is secured and screened by an opaque fence or wall (chain link with slat
not permitted) with a ten- foot wide landscape buffer with a five-foot high
meandering or winding berm along the front property line and a three-foot high
meandering or winding berm along the side and rear property lines. The berm shall also
have a continuous hedge screen with a minimum height of three (3) feet on top of the
berm and trees planted every forty (40) linear feet. The opaque fence or wall must be
located on the inside of the landscape buffer area. Properties larger thatn five (5)net acres
shall provide a fifteen-foot wide landscape buffer with a five-foot high meandering or
winding berm along the front property line.
Section 4. That Article 315 "Hotel Overlay District" of the City of Dania Beach Land
Development Code is amended to read as follows:
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ARTICLE 315. HOTEL OVERLAY DISTRICT.
Sec.315-30. -Hotel overlay district designations.
(A) Applicability. A petition for rezoning to Hotel Overlay District may be made pursuant to the
procedures of article 645 (Rezoning), only for properties intended to operate and perform as a
cohesive development site, regardless of the existence of multiple uses, land owners and site
developers. In order to qualify for designation, the proposed area shall meet the criteria below:
(1)Any Hotel Overlay District shall include a minimum of two (2)hotels;_
(2) Properties may be included in a Hotel
Overlay District as appropriate based on proximity of location of the property to one or
more hotels, and the use or access relationships between the hotels and adjaee such
€aeilifies properties. The majority of uses within a Hotel Overlay District must be hotels
or tourist supportive services. For purposes of this article, a "tourist supportive service"
shall be defined as an office use, restaurant use, retail use or any other use which is
determined by the commurifty development director to provide support services to
tourism.;
(3) In order to provide a unity, connection and identification with the primary street
system, any area proposed for designation as a Hotel Overlay District shall include at
least one(1)property adjacent to either Griffin Road or Stirling Road.
(4) The majeFky of a rust p ide sWpeft se es to t..ufism -Aida a the e t..e e
another- development in the pr-epesed Hotel Over4ay Pist6et vdiieh provides suppeft
sefviees to to
(5)(4)Hotels shall provide shuttle service to the airport.
(6) tQ Uses adjacent to hotels in the proposed district, ineluding, btA net limited to,
effi,.o est.,,,...H# and „thee- retail, shall be deemed supper-tive serviees by ViEtue of the
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petefAW use iatemcAieas, and provide safe and convenient pedestrian paths are te be
between the hotels and these afeas such adiacent uses.
(74&AIl property owners whose property is proposed for inclusion in a Hotel Overlay
District must join in the application for designation.
(8)(7jThe location, design and size of the shared monument sign, pursuant to the
requirements of sec. 315-50, shall be submitted for approval with the application for a Hotel
Overlay District.
(8) All properties included in the district must be immediately contiguous.
Sec. 315-50. Signage.
(A) Generally. Signage shall meet all the requirements of article 505, sign regulations, based on
the underlying zoning district and use, except as provided in this section. In the event of
conflict between this section and article 505,this section shall prevail.
(1) In the event a commercial use is designed to front both the hotels and Griffin Road or
Stirling Road, article 505 may be applied to allow individual signage on both sides of
the commercial building.
(B) Shared district monument sign. The properties within the Hotel Overlay District shall
provide one (1) shared district monument sign,
,A4thia the designated ever-lay dist subject to the requirements of the underlying sign
regulations as modified in this section:
(1) The shared district monument sign shall be located on a property adjacent to Griffin
Road or Stirling Road, as applicable, and shall be substituted for a monument sign
which would otherwise be permitted on that property. This does not preclude the
placement of additional signage, identifying the Griffin Road or Stirling Road
property only, if additional signage would be otherwise permitted under the sign
regulations of article 505.
(2) The shared district monument sign shall meet the requirements of sec. 505-140(C)
(principal arterial design standards) except that the shared district monument sign is
permitted to be seventy-eight(78) square feet in area and eight(8) feet in height.
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(3) The city commission may approve a larger monument sign than that permitted in this
section, if it determines that the additional area is necessary to legibly identify all the
shared overlay district uses on the sign.
(4) The location, design, and size of the shared district monument sign shall be approved
at the time application for the Hotel Overlay District is made.
(5) Only hotels and tourist supportive services, as defined in Section 315-30(A)(2), m4y
have signnage on the shared district monument sign.
(C) Shared district pole sign. If any property within the Hotel Overlay District is located
within one thousand(1,000)feet of Interstate 95, a single pole sign shall be permitted in the
district,which pole sign shall be a shared district pole sign.
(1) The shared district pole sign shall identify every use within the designated Hotel
Overlay District which:
(a) has greater than sixty thousand(60,000) square feet of enclosed area under roof;
and
(b) has no other existing pole sign identification within the Hotel Overlay District.. ;
and
(c) is a hotel or a tourist supportive service as defined in Section 315-30(A)2).
(2) The shared district pole sign shall not exceed a height of fifty (50) feet or twenty-five
(25) feet above the height of the elevation of the abutting interstate highway,
whichever is less, and fifty(50) square feet in area per eligible advertised use.
(3) No use shall be advertised on more than one (1)pole sign within the overlay district.
(4) The city commission may approve a maximum size or height of this pole sign larger
than that permitted in this section, if it determines that the additional area or height is
necessary to legibly identify all the eligible shared overlay district uses on the sign.
(5) No new pole signs except a single shared district pole sign as permitted above shall
be permitted within the overlay district.
(6) Legal pole signs existing at the date of designation as a Hotel Overlay District shall
become nonconforming signs with regard to the requirements of this overlay district,
and shall be subject to the nonconforming sign provisions of sec. 505-180, unless one
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(1) such sign is modified and utilized as the sole shared pole sign for the overlay
district.
Section 5. That Article 625 "Variances" of the City of Dania Beach Land Development
Code is amended to read as follows:
ARTICLE 625. VARIANCES.
Sec. 625-40. Variance review criteria; city action.
(A)The city commission or planning and zoning board, if as applicable, shall hold its public
hearing and, after consideration of the staff recommendation and public input, if any, may
deny, approve or approve with conditions the application for variance, based upon its
determination that the petitioner has demonstrated that the criteria provided in the following
subsections (1)through(5)have been satisfied:
(1)
or-building kwelved and YAiieh are not applieable to other- lands, stfuetwes or- buildings
in the same zoning di That the requested variance maintains the basic intent and
purpose of the subject regulations, particularly as it affects the stability and appearance
of the city;
"Ye
appfiean4 That the requested variance is otherwise compatible with the surrounding land
uses and would not be detrimental to the community;
(3) r t' th ------ - quested _ll not ---fe on the applirmat ., pe .,l pf ,;lege
tl: t is denied by this de to thee- lands buildings4 tv t1. o
mrrvvc[�cv-vcrt , v�scrucraic�zir-c=rio uinia� �....�:b
distfiet That the requested variance is consistent with, and in furtherance of, the goals,
objectives and policies of the adopted Comprehensive Plan, as amended from time to
time, and all other similar plans adopted by the city;
(4) rn•t cruz-iiter-pro „ iea-vf the p of tPss va . . ..a deprive the ,Ypliee&A „��
rights eewAnepAy enjoyed by other-pwpeffies in the same zoning distfiet under-the tefms
That the
pligbLt of the petitioner is due to unique circumstances of the property or petitioner which
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would render conformity with the strict requirements of the subject regulations
unnecessarily burdensome; and
(5) The ver-ianee gFanted is the minimum var-ianee that vAll make possible the r-easefia
use ef the land, building er- stme ; That the variance requested is the minimum
variance that is necessary to afford relief to the petitioner, while preserving the
character,health, safety and welfare of the community.
LandrDevelepment Code, and that ievar-ianee ,411 et be s to the area
(B) NeneenfeEming eenditiens of neighboring lands, stmetwes or- shall not be eensider-ed
gr-otmds for- the authorization of a var-ianee. A request for a variance from Article 505,
"Sign Regulations" shall be reviewed based on the criteria identified in Section 505-180.
(C) In granting any variance, the city commission or planning and zoning board, as applicable,
may prescribe conditions and safeguards intended to mitigate potential adverse impacts
from the variance and to ensure that the intent and purpose of the code is maintained.
Violation of such conditions and safeguards shall be deemed a violation of this code.
Sec. 625-50. Expiration of variances.
(A) The city commission or planning and zoning board, as applicable, may prescribe a
reasonable time limit within which the action for which the variance is required shall be begun or
completed or both, based on the scale and complexity of the development for which the variance
is requested provided that in the absence of such time limit, a variance shall expire unless:
(1) The applicant submits all applications for development permits including construction
drawings (if applicable) within .,., ) eighteen (18) months of the date of eity
eermaissien approval;
(4)(22,)The development permits remain valid until the project is complete; and
(4)(33,)The conditions and limitations of the variance are satisfied.
(B) It shall be the responsibility of the property owner to ensure that a variance does not expire.
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(C) The city commission, or planning and zoning board which originally approved the variance,
as applicable, may grant an extension of twelve (12) additional months if the applicant submits
the extension request within *''' 13) nineteen (19) months of the date of city-sue
approval and the applicant can demonstrate good cause for the delay. Good cause may include,
but shall not be limited to, delay caused by governmental action or inaction or other factors
totally beyond the control of the applicant.
Section 6. That Article 630 "Special Exception Uses" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 630. SPECIAL EXCEPTION USES.
Sec. 630-70. Expiration of special exceptions.
(A)All special exception approvals shall expire unless:
(1) The applicant submits all development permit applications and construction drawings
(if applicable) that are necessary [to] establish the special exception use within twelve
42)eighteen(18) months of eity eeffffnis the date of approval, and
(3)(2)All development permits remain valid until the project is complete.
(B) It shall be the responsibility of the property owner to ensure that a special exception approval
does not expire.
(C) The city commission or planning and zoning board, which originally approved the special
exception, as applicable,may grant an extension of twelve(12) additional months if the applicant
submits the extension request within dik4eea (13` nineteen (12) months of the date of eity
approval and the applicant can demonstrate good cause for the delay. Good cause may include,
but shall not be limited to, delay caused by governmental action or inaction or other factors
beyond the control of the applicant.
Section 7. That Article 635 "Site Plans" of the City of Dania Beach Land Development
Code is amended to read as follows:
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ARTICLE 635. SITE PLANS.
Sec. 635-100. Expiration of site plans; procedure for extension.
(A) All site plan approvals shall automatically expire and become null and void unless the
applicant files a-complete building permit applications with construction drawings for all
improvements shown on the site plan within Wmlve-(12) eighteen (18) months from the
date of site plan approval, obtains a building pennit (ineludifig payment of all fees) for- all
and the permits remain
valid until a certificate of occupancy or its equivalent is issued for the improvements.
(B) The director, planning and zoning board or city commission which originally approved the
site plan, as applicable, may grant an extension of twelve (12) additional months if the
applicant submits the extension request within thiiteea (13) nineteen (19) months of the
date of eity site plan approval and the applicant can demonstrate good cause for the delay.
Good cause may include, but shall not be limited to, delay caused by governmental action
or inaction or other factors totally beyond the control of the applicant. Any request for
extension of site plan approval before its expiration date will be treated and processed as a
site plan modification.
(C) The director, planning and zoning board or city commission, as applicable, may approve a
phasing agreement for buildout of a site plan that includes multiple structures. The phasing
agreement may be approved at any time prior to expiration of the site plan. A phasing
agreement shall not allow more than three (3) years for the developer to obtain building
permits for all improvements shown on the site plan, unless the terms of phased buildout
are made part of a binding developer agreement between the city and the developer.
Approval of such a developer agreement with phasing provisions shall require a specific
finding that the there is an overriding public interest in allowing the buildout of the site
plan to be phased.
Sec. 635-110. Enforcement of approved site plans.
It shall be unlawful for any owner of M property within the city to allow or cause to be allowed
any violation of this article, including but not limited to a violation of:
gpproved site plan requirements;
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site plan conditions;
(33,) site plan layout;
any other site plan restrictions as provided for under this article or as specified in the
approved site plan documents.
Section 8. That Article 675 "Temporary Use and Special Event Permits" 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 parks and recreation director after staff review and recommendation, as
provided in this subsection. The parks and recreation director may require city commission
approval of any temporary use or special 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. Addifiefwly, an event Whieh is
proposed to Fe eeeuf mor-e dim two (2) times per- ealeadar- year- open the same pr-epeAy must
(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 fifty (50) persons in attendance, as estimated by the parks and
recreation director.
(B)The In addition to a temporary use or special event that is required to be approved by the city
commission under subsection (A), the following temporary uses and special events shall be
approved by the city commission after staff review and recommendation, as provided in this
subsection:
(1) Events with more than fifty (50) persons in attendance, as estimated by the parks and
recreation director;
(2) Events that occur over a five (5)hour period or longer;
(3)Multi-day events;
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(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 nonresidential 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 or use
that reoccurs on a regular basis (eK-e.g., approved events or uses recurring annually, or approved
events or uses recurring seasonally but no more than four (4) times per calendar year) at specific
locations;_ Recurring events subject to administrative approval shall be consistent with all 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.
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 or designee shall notify the applicant of any deficiencies in the
application or support documents and specify what additional requirements must be met. Once
the city 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 for
hearing on the agenda of the next available city commission meeting icy commission
approval is required pursuant to section 675-20.
(C) For applications subject to city commission review pursuant to section 675-20, the city
commission shall approve, approve with conditions , or deny the
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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. 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
section 675-20), may impose reasonable conditions as are necessary to ensure compliance with
the applicable standards of these land development regulations.
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. 710-60. Exceptions to limitations on the continuance of nonconforming uses and
structures.
(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.
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(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 fagade of a nonconforming
structure or structure devoted to a nonconforming use,provided that:
(a) The improvement is limited to the aesthetic improvement of the exterior
fagade 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 fagade, as determined by the
community development director.
(5) Nonconforming two-family duplex dwelling may be reconstructed following
substantial damage, as defined in sec. 710-20(A), provided that at least one dwelling unit
of the structure is a homestead as defined in Section 196.031, Florida Statutes.
(6)A combination of one single family dwelling unit and one nonconforming two-family
(duplex) dwelling, which is located on a single parcel with single ownership, maybe
reconstructed following substantial damage, as defined in sec. 710-20(A),provided that
at least one dwelling unit on the unified property is a homestead as defined in Section
196.031,Florida Statutes.
Section 10. 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 11. 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 12. 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
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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 13. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on January 8, 2013.
PASSED AND ADOPTED on second reading on Febru 26, 13.
ATTEST:
LOUISE STIL ON, C C ALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS TO F D CORRECTNESS: A S
1
THOMAS . ANS O
CITY ATTORN '
ago ,9a°i
17
ORDINANCE#2013-001