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Home My WebLink AboutO-2014-012 12th Text Amendment ORDINANCE NO. 2014-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE "LAND DEVELOPMENT CODE"("LDC") OF THE CITY'S CODE OF ORDINANCES 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 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 265, "OFF- STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING USE REGULATIONS WITHIN THE NEIGHBORHOOD RESIDENTIAL (NBHD-RES) ZONING DISTRICT; AMENDING ARTICLE 310, "BUILDING TYPES", CONCERNING REGULATIONS RELATED TO RESIDENTIAL BUILDING TYPES; AND AMENDING ARTICLE 525, "ARCHITECTURAL STANDARDS FOR THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS", CONCERNING ARCHITECTURAL AND DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND 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 to provide for Athletic Studio uses in Commercial and Mixed Use Districts; and WHEREAS, Community Development Department staff has determined that it is necessary to amend the Code in order to authorize and provide for amended regulations for permitted uses within the Industrial zoning districts, to provide for outdoor sales, leasing, rental, display and accessory repair of used boats accessory to new boat sales and to required air conditioned enclosure of office spaces for certain uses and zoning districts; and WHEREAS, Community Development Department staff desires to provide for amended parking requirements; and WHEREAS, Community Development Department staff recommends amending Conditions of Use and Building Types to provide new height limitations for neighborhood residential districts and for rowhouses; and WHEREAS, staff has also identified the need to amend the Architectural Standards for the Community Redevelopment Area Form-Based Zoning Districts to allow a single gable roof on dwellings which are two (2) or more floors in height; 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 times 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 to read as follows: ARTICLE 110. USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS. 2 ORDINANCE#2014-012 Sec. 110-20. List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the residential office (RO) district, the Marine district, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. INDUSTRIAL MIXED-USE DISTRICTS COMMERCIAL ZONING DISTRICTS CRA FORM-BASED DISTRICTS Legend Marine RO CC EDBB- SEED- GTWY- NBHD- C-1 C-2 C-3 C-4 P-Permitted (see MU MU MU MU P(#)-Permitted sec subject to numbered 110- footnote 180) A-Permitted accessory use only SE-Permitted special exception use only I Not � N P permitted i USES Athletic clubs/studio P P P P P P P P 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. 3 ORDINANCE#2014-012 Sec. 115-40. Schedule of permitted uses. Legend P - Permitted A I- Permitted accessory use only 9.4 - (Ex: 1,2)Permitted subject to the conditions of use numbered I and 2 found in section 115-50 SE - Permitted special exception use only,pursuant to article 630 SE(#,#) - (Ex: 1,2)Permitted as a special exception only,and subject to conditions of use numbers I and 2 found in section 115-50. - not permitted FN P USES IRO1M IROM-AA IROC IRO IG IR PEDD MA-1 LIGHT INDUSTRIAL USES T J Overnight A A A fleet parking for vehicles owned or leased by the business legally operating at same location. Storage in rear or internal side yard.must not be visible from any street& cannot be parked in required parking spaces. Warehousing 2,4,51,32 2,4,32 P 17,8 135,36 or SE 2,as applicable P P 2,5 facilities Wholesale: SE 2,4,52 2,4,32 SE 2,4 69 P 2,5 combined office- distribution- warehouse facilities GENERAL BUSINESS USES 4 ORDINANCE#2014-012 Gym,fitness SE P 6 SE P 6 S-k P 6 NP NP _-�—_ P 6 — I center,or health club — MARINE AND NAVY INDUSTRIAL USES Indoor sales, P P P P SE P leasing, rental, display, storage of used boats and marine vessels Outdoor P P P P SE P sales. leasing, rental. display and accessory repair of used boats accessory to new boat sales Sec. 115-50. Conditions of use. 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). All office area must be fully enclosed air conditioned space. Applies to the following uses and districts: a. Combined office/distribution/warehouse and Distribution facility in the: IROM, IROC, IROM-AA districts b. Combined office-showroom-warehouse facilities: IROM, IROM-AA districts. In IROM, less than ten (10) percent combined office and showroom area may be permitted as a special exception use. C. Warehousing in the IROM and IROM-AA. 5 ORDINANCE 42014-012 d. Self-storage in the IROM-AA District. 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 ( ) P Y be permitted by special exception pursuant to article 630. 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. 265-50. Off-street parking required; on-street parking credit. (D) [Abbreviations.]Abbreviations used in the off-street parking requirement table. CSA = Customer service area Pkg = Parking Requ. = Requirement,required I/B = Inbound O/B = Outbound SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS All r :. 0 20 Beauty and One(1)per wed(200)three hundred(301sf One(I)per two hundred fifty(250) barber shops sf 36 Health club, One(1)per three hundred 300 sf plus: One(1)per three hundred(300)sf gym One(1)per two hundred fifty(250)sf devoted to indoor or outdoor sports courts. 48 Personal One(1)per ywa hundred aa.. 250`three hundred(300)sf One(1)per three hundred(300)sf service establishments, retail dry cleaner 6 ORDINANCE#2014-012 * * * Section 5. That Article 302 "Detailed Use Regulations" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 302. DETAILED USE REGULATIONS. * * * Sec.302-20. Conditions of use. (A) The following are the conditions of use that correspond to the numbers in the schedule of permitted, special exception and prohibited uses. (2) Multiple-family dwellings. * * * (b) Neighborhood Residential district: multiple-family dwellings are permitted only on lots that were zoned RM, RM-1, RM-2, or RM-3 immediately prior to the adoption of this code, which is reflected on the new zoning map with an asterisk (NBHD-RES*). Permitted building types for multiple-family dwellings are limited to mansion apartment house and rowhouse with porch, balcony over porch, stoop and dooryard frontage types. Maximum permitted height is twee (3) five 5 stories for * * * Section 6. That Article 310 "Building Types" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 310. BUILDING TYPES. Sec. 310-10. Residential building types. * * * (D) Rowhouse dwelling. A dwelling containing three (3) or more dwelling units built close to the street line, and attached side-to-side with each unit spanning the front yard to rear yard. All units must front a public street. Ground-floor units must access the street frontage through a porch, dooryard or stoop frontage. When designed with party walls and one (1) unit from ground to roof, townhouse units may be owned in fee simple with the land upon which situated. Stacked townhouses or stacked flats take on the same form as townhouse buildings, except that upper-floor units are accessed from internal foyers connecting to stairwells. 7 ORDINANCE#2014-012 Maximum height is €eu(4) five 5 stories. Parking is in the rear. Side yards must be fenced or garden/street wall used unless the yard is used for driveway access to the rear yard. Section 7. That Article 525 "Architectural Standards For The Community Redevelopment Area Form-Based Zoning Districts" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 525. ARCHITECTURAL STANDARDS FOR THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS. Sec. 525-40. Two-family (duplex) and mansion apartment dwelling design. (D) Use of a single gable roof is prohibited unless the dwelling is two (2) or geater floors in height. Section 8. 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 9. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 10. This Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on September 9, 2014. PASSED AND ADOPTED on second reading on September 23, ATTEST: pM-s C�A) LOUISE STILSON, CMC .�WALTER B. DUKE, III CITY CLERK AYOR APPROVED AS RM AND CO THO S J. SB CITY ATTOkNEY 8 ORDINANCE#2014-012