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Home My WebLink AboutO-2013-012 Air Conditioning Units Text Amendment 2nd Reading ORDINANCE NO. 2013-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 215, "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE" AND ARTICLE 620 "ADMINISTRATIVE VARIANCES" REGARDING AIR CONDITIONING UNITS; 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") fords 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, Corey O'Gorman, AICP, with The Urban Group, is requesting a text amendment to the Land Development Code (TX-38-13) to allow setback variances for air conditioning units to be reviewed and approved administratively, when associated with the Sound Insulation Program administered by 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 WHEREAS, pursuant to Section 166.041 (3)(a), 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 hearing; and WHEREAS, a public hearing was 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 215 "Supplemental Regulations for Yards, Lot Coverage, Impervious Area and Open Space" of the City of Dania Beach Land Development Code is amended as follows: CHAPTER 28. LAND DEVELOPMENT CODE. ARTICLE 215. SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE. Sec. 215-50. Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-8000, RS- 6000,NBHD-RES,and RD-8000 Districts. (A) Chimneys, cornices, eaves, bay windows, canvas awnings, and balconies may extend not more than three (3)feet from a principal building into a required yard. (B) Carports, including fabric awnings or canopies, are permitted in required front and side yards with minimum front and corner side setbacks of ten(10) feet, and a minimum interior side setback of five (5) feet. Within the NBHD-RES District, the setback encroachment in the front yard is subject to sec. 305-70(H). (C) Chimneys and bay windows shall not, individually, exceed ten (10) feet in horizontal dimension measured parallel to the building wall, and shall not individually exceed twenty- five (25) percent of the length of the building wall from which the chimney, bay-window, or both, project. Example (illustrated in Figure 215-5., below): if the building wall is 32 feet in length, the maximum horizontal dimension of the chimney cannot exceed 8 feet, which is 25 percent of the length of the building wall. If the building wall is 60 feet in length, the maximum allowable horizontal dimension of the chimney will be 10 feet, and not 25 percent of the wall length, which is 15 feet. Clarification: if the chimney or bay 2 ORDINANCE#2013-012 window will not encroach into a required yard, the dimensional limitations of this provision do not apply. Figure 215-5. (D) First floor entrance platforms, ; This illustration shows a steps, stoops and unenclosed � principal building that was ; porches may extend up to eight (8) constructed with minimum required setbacks on all sides. feet into a required front yard. ' 8t ft• (E) At-grade air conditioning units, ; 3 feet heating units, pool pumps, and related equipment shall not be 71 located in a front yard or within seven (7) feet of a side yard lot line. Such devices, and related equipment, may be located in a Setback lines ; required rear yard provided a ; minimum five (5) foot setback is provided to any property line. Existing air conditioning, heating, and pool equipment that was installed with proper permits, but does not comply with the locational requirements of this section, may be replaced at the same location. Variances from the required yard setbacks for at-grade air conditioning units shall be considered pursuant to Article 620, "Administrative Variances." Section 3. That Article 620 "Administrative Variances" of the City of Dania Beach Land Development Code is amended as follows: ARTICLE 620. ADMINISTRATIVE VARIANCES. 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) and (A)(8) below shall also apply), without review by the planning and zoning board and the city commission: 3 ORDINANCE#2013-012 (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. (8) Reduction of yard setbacks for at-grade air conditioning Section 4. 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 5. 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 6. 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. 4 ORDINANCE#2013-012 Section 7. That this Ordinance shall take effect immediately upon its passage and adoption. PASSED on first reading on October 8, 2013. PASSED AND ADOPTED on second reading on October 22, 2013. ATTEST: LOUISE STILSON, CMC WAIXER B. DUKE, III CITY CLERK MA OR APPROVED A TO FO AND CORRECTNESS: THO S J B O V CITY ATTORNEY 5 ORDINANCE#2013-012