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Home My WebLink AboutO-2013-007 Land Development Code 10th Text Amendment ORDINANCE NO. 2013-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND 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 USE REGULATIONS; AMENDING ARTICLE 235 "WALLS, FENCES AND HEDGES" CONCERNING FENCE REQUIREMENTS; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" REGARDING USE REGULATIONS WITHIN MIXED-USE DISTRICTS; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS" REGARDING DEVELOPMENT STANDARDS FOR MIXED-USE ZONING DISTRICTS; AMENDING ARTICLE 309 "ADDITIONAL DEVELOPMENT STANDARDS" REGARDING DEVELOPMENT STANDARDS FOR MIXED-USE ZONING DISTRICTS; AMENDING ARTICLE 635 "SITE PLANS" REGARDING PROCEDURES FOR SITE PLAN REVIEW; 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, Community Development Department staff has identified a need to amend the Code in order to provide for clarification regarding the regulation of fortune tellers, palmists, clairvoyants or astrologists in commercial and mixed use zoning districts; and WHEREAS, Community Development Department staff has identified a need to amend the Code in order to provide for amended standards for fences on vacant properties; and WHEREAS, Community Development Department staff desires to provide for amended development standards for properties within the Neighborhood Residential District (NBHD- RES); and WHEREAS, Community Development Department staff has identified a need to amend the requirements for dedications for sidewalk and landscaping easements or special purpose rights-of-way, within the mixed-use zoning districts of the CRA redevelopment area; and WHEREAS, Community Development Department staff finds that it is in the best interest of the citizens and residents of the City to provide for an exception to required site plan review and approval for the construction of new duplexes, where permitted by the use restrictions of the Code, provided that site plan review shall be required if requested by an affected property owner;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 newspaper 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 110 "Use Regulations for Commercial and Mixed-Use Districts"of the City of Dania Beach Land Development Code is amended as follows: 2 ORDINANCE#2013-007 CHAPTER 28. LAND DEVELOPMENT CODE. ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS. Sec. 110-20. List of permitted, special exception and prohibited uses. Leeend MIXED USE DISTRICTS COMMERCIAL ZONING P—permitted DISTRICTS P(#)—permitted subject to C7 numbered Cn footnote CRA FORM-BASED DISTRICTS A—permitted accessory r use only SE—permitted special exception ; ] use only c, o - not permitted (U '�° A M USES c U Q Ul 0 Z U U U U Fortune tellers, palmists, clairvoyants or astrologists NP NP P P P P P NP P P P [subject to section 110-190 &Chapter 12.5 Section 3. That Article 235 "Walls, Fences and Hedges" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 235. WALLS, FENCES AND HEDGES. Sec. 235-40. Materials. (A) Barbed wire, electrification. In residential zoning districts, CRA form-based zoning districts and along property lines abutting residentially zoned properties or CRA form-based zoning districts, no fence shall be constructed of barbed wire, electrified wire or any material inherently dangerous. (B) Fences or walls shall be constructed of masonry materials, wood, chain link, P.V.C. or other materials approved by the building code. Louvered concrete fences are prohibited. Fences existing prior to the date of adoption of this section that do not comply with this subsection shall be governed by the nonconforming structure provisions of Article 710. 3 ORDINANCE#2013-007 510 20(a) sWi be „ fnaxkmum of f (4) feet in t,o;,.t,+ and ff st p ide blaev vinyl ,,,,.,frog . Sec.235-60. Fence requirements for vacant properties. Fences on vacant properties located on principal arterial roadways as identified in sec. 510-20(a) shall be a maximum of four (4) feet in height and shall provide black vinyl coating on the chain link material and frame. The fence frame shall include a top horizontal support bar. Section 4. That Article 302 "Detailed Use Regulations" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 302. DETAILED USE REGULATIONS. Sec. 302-10. 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 Principal Street Frontage is within the parenthesis =Not Permitted Abbreviations: EDBB =East Dania Beach Boulevard SFED= South Federal Highway U W O v� vA O C7 z z RESTRICTED CONPAERCIAL Fortune tellers,palmists,clairvoyants or astrologists P P NP P NP P P NAP [subject to section 110-190&Chapter 12.Q I I LJ Section 5. That Article 303 "District Development Standards" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 303. DISTRICT DEVELOPMENT STANDARDS Sec. 303-90. NBHD-RES, neighborhood residential district. (A) Intent and purpose: to maintain the overall single-family character of the neighborhoods by restricting establishment of new two-family dwellings and requiring designs that are compatible with single-family dwellings. 4 ORDINANCE#2013-007 (B) Generalized permitted uses (see article 302 for specific uses and conditions of use): Uses Residential Single-family v Fiaure 303-27 Buildina alacement. Residential Multi-Family Figure 303-27.Building placement. Residential Two-Family * — — Rear 1 I -Permitted use. - Restricted pursuant to sec.302-20. Second layer (C) Building placement standards: Bldg and parking 78 to J 4 y First layer _ Building onlyKey D I } "C" Street Setback* 15'BTL. B�o L Ei Ex 25 min. s,' Si e "G" Interior Principal building 7'min. side Pritnary Street setback Accessory structures 5'min. - "" "I" Rear Principal building 15'min. Lot Boundaries��' setback Accessory structures 5'min. Buildable area *The 15-foot BTL applies along any street within a block Figure 303-28 Building height. where more than 50 percent of either the number of lots or total lot frontage on either or both sides is undeveloped, or contain any combination of: buildings that are set back 20 feet or less from the street line;two-family dwellings;multiple- family dwellings;or nonconforming uses. If the 15-foot BTL does not apply,a new building can be placed a minimum of 15' from the street line. == (D) Building frontage standards: Key $>tinftld "�" Minimum depth of building in N/A first layer Percentage of lot width for which "El+..+Ez" a building must be built at the 50% built-to-line "R" Maximum recess from BTL N/A (E) Height: maximum of two(2) stories and twenty-five(25) feet. See"K"in diagram. 5 ORDINANCE#2013-007 (F) Allowable building and frontage types (see articles 310 and 31]for details) and required lot dimensions: Fnmbwtypn Lot oDioKosion S Family* A60' 90,* 100'Mansion* 100,-r RowhoXuse* t-�- 100, Permitted frontage type *Restricted pursuant to sec.302-20. Figure 303-29 Permitted driveway location. (G) Pervious open space: min.60 37 percent. (H) Parking: parking spaces and driveways for dwellings built to the 15' BTL requirement in subsection (C) are not permitted in the front yard except within 20 feet of one interior side lot line (see figure 303.70). Only one driveway within the front yard is permitted as shown. An opaque fence or opaque landscape buffer is d required along a side lot line adjacent to a driveway. If the property o does not have alley access, a age may be provided with access ' from the primary or secondary street. (I) For parking requirements see article 306. (J) Landscaping. see article 307. (K) Signage: see article 308. (L) Additional development standards: see article 309. (M) Architectural and design standards: see article 530. Section 6. That Article 309 "Additional Development Standards" of the City of Dania Beach Land Development Code is amended as follows: 6 ORDINANCE#2013-007 ARTICLE 309. ADDITIONAL DEVELOPMENT STANDARDS. Sec.309-10. Complete street improvements. (A) Intent. (1) Public pedestrian circulation is one of the most important aspects of a successful redevelopment area. This article is intended to ensure that optimal public pedestrian corridors are provided along all roadways to assure unobstructed, safe and convenient pedestrian access to and between adjacent buildings. (2) Build-to-lines within the CC, SFED-MU, EDBB-MU and NBHD-MU districts, are designed to place buildings at or near the back edge of wide sidewalks. The street sections approved by the city commission in the CRA Redevelopment Plan within these mixed-use districts are designed to include additional dedications for sidewalks and street landscaping. (3) On-street parking is a necessary component of a complete urban street, as it increases pedestrian safety and comfort by buffering pedestrians from street traffic and effectively reducing vehicle speed. On-street parking also reduces the need for off- street parking,which is a significant cost factor for urban redevelopment. (B) Dedication required. A sidewalk and landscaping easement or special purpose right-of-way, as determined by the city, shall be dedicated for the area between the property line abutting each street and the planned street line pursuant to the street sections approved by the city commission in the CRA Redevelopment Plan, in order to complete the public sidewalk. The dedication shall be required for property with at least 200 feet of street frontage or four (4) contiguousplatted lots, whichever is less, prior to the issuance of any building permit for work cumulatively valued in excess of twenty-five thousand dollars ($25,000) within any calendar using either the current RS Means or Marshall & Swift construction cost data publications. Along Federal Highway, in lieu of this requirement, right-of-way dedications are required in the amount necessary to complete the 46-foot half-section on each side of the centerline pursuant to the Broward County Trafficways Plan. The conceptual section for US-1 will provide for the desired sidewalk width within the right-of-way required by the Broward County Trafficways Plan. 7 ORDINANCE#2013-007 Section 7. That Article 635 "Site Plans" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 635. SITE PLANS. Sec. 635-20. Applicability. (B) Small-scale site plan. A site plan shall be processed under the small-scale site plan procedure if the site plan complies with the following limitations: (1) A net land area of one (1) acre or less; and (2) Fewer than fifty (50) dwelling units, excluding duplex; or (3) Fewer than twenty thousand (20,000) square feet of nonresidential use; and (4) Does not include both residential and nonresidential uses; and (5) Does not include a request for assignment/allocation of residential dwelling units or nonresidential acreage under the flexibility provisions of the Broward County Land Use Plan_ Section 8. 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 9. 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 10. 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. 8 ORDINANCE#2013-007 Section 11. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on July 23, 2013. PASSED AND ADOPTED on second reading on August 13, 2013. ATTEST: LOUISE STILSON, CMt WALTER B. DUKE, III CITY CLERK MAYOR APPROVED MTOFRM AND CORRECTNESS: ARnx F+ �' IT TH MA I ANSffR0 CITY ATTORNEY 9 ORDINANCE 92013-007