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Home My WebLink AboutO-2015-002 13th Text Amendment ORDINANCE NO. 2015-002 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE "LAND DEVELOPMENT CODE", OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 105, "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS", CONCERNING HOME OCCUPATIONS; AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS", CONCERNING PERMITTED USES IN ZONING DISTRICTS; AMENDING ARTICLE 215, "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE", CONCERNING PERVIOUS AREA CREDITS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS RELATED TO STRUCTURED PARKING FACILITIES; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING PERMITTED USES IN CERTAIN SPECIAL DISTRICTS; AND AMENDING ARTICLE 725, "DEFINITIONS", CONCERNING ATHLETIC CLUBS, STUDIOS, GREEN ROOFS AND ROOF GARDENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provides 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 determined that it is necessary to amend the Code in order to clarify references; and WHEREAS, Community Development Department staff recommends updating the use regulations in Commercial and Mixed Use zoning districts to address exhibit/event space and microbrewery uses; and WHEREAS, Community Development Department staff recommends providing a pervious area credit for the installation of green roofs or roof gardens; and WHEREAS, Community Development Department staff has determined that it is necessary to update wording and delete standards and requirements maintained by other agencies; and WHEREAS, the Community Development Department recommends revising the clearance requirements for structured parking facilities; and WHEREAS, Community Development Department staff desires to amend the permitted uses in the City Center, EDBB-MU, SFED-MU, GTWY-MU, NNBHD-MU and NBHD-RES special districts to address exhibit/event space and microbrewery uses; and WHEREAS, Community Development Department staff has identified a need to amend the Code to provide for definitions for Athletic Club and Studio and Green Roof or Roof garden; 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. 2 ORDINANCE#2015-002 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. Sec. 105-80. - Home occupations. (D) Standards. Compliance is required with all provisions of this code pertaining to residential uses as well as the following standards: (3) There shall be no change in the outside appearance of the building or premises; signs shall not be displayed on the premises, there shall be no display of products visible in any manner from the outside of the dwelling, and no vehicles with signage shall be parked or stored on the premises unless in an enclosed garage except as provided in sections 115 120 flff,,,,mot, 115-140 105-120 through 105-130 (Commercial Vehicle Parking and Storage in Residential Districts). Section 3. 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. INDUSTRIALIMIXED-USE DISTRICTS JCOMMERCUL I ONING j (DISTRICTS i I , JCRA FORM-BASED DISTRICTS ,Legend Imarine RO CC EDBB- SFED- TWY- BHD- C-1 C-2 C-3 C-4 (see ( IMU MU MU P-Permitted lsec i P(#)-Permitted subject to 110- numbered footnote 180 A-Permitted accessory I use only 3 ORDINANCE#2015-002 SE-Permitted special exception use only FNot permitted NP USES Exhibit/Event space Microbrewery, or craft m P SE SE SE SE distillery with tasting room(required) [subject to section 110-50 Section 4. 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 to read as follows: ARTICLE 215. - SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE Sec. 215-130. - Impervious area standards. (D) Pervious area credit. Installation of a 'green roof or 'roof garden' can be counted as pervious areas as described in this Code. If a green roof or roof garden is utilized, fifty (50) percent of the improved area can be counted toward the required pervious area. (DE) Partial waiver of standard Upon demonstration by an applicant that special conditions peculiar to the location or physical characteristics of a particular site are present, or that special conditions resulting from the design of existing facilities, project design, or surrounding land uses are present, the city commission may grant a waiver from the impervious area standards, subject to the following limitations: Section 5. 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 4 ORDINANCE#2015-002 Sec. 265-140. - Structured parking facilities. (C) [Clearance.] The clearance between a parking space and a wall (excluding_columns) or other solid obstruction shall be a minimum of two and one-half(2.5) feet. Section 6. 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. 302-10. Permitted, special exception and prohibited uses. Legend: bistricts P=Permitted City [EDBB-MU jSFED-MU IGTWY-MU BHD-MU NBHD-� SE=Special lCenterl [RES j Exception use i (#)=Permitted subject to the restriction in section 302-20 having the I i same number that is within the i parentheses i 1-Not Principal Street Frontage j NP permitted Abbreviations: D�BB Other IS.Fed. !Other Streets] EDBB =East Dania j ]streets ,Hwy Beach Boulevard ? ! iSheridan SFED=South I ISt. Federal Highway I { xhibitBvent SE SE = _ space _ Microbrewery,P ':SE SE ISE ISE SE with tasting j room j (required) - I [subject to I. section 110-50 j y 5 ORDINANCE#2015-002 Section 7. 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. Athletic club and studio A gymnasium that typically has paid members who use fitness equipment for improved physical fitness These facilities often offer group fitness classes as well. Green roof or roofgarden The roof of a building that is partially or completely covered with vegetation and a growing medium,planted over a waterproofing membrane which may contain additional layers such as a root barrier, drainage and irrigation systems. Container gardens on a roof are not considered a roof garden. 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 December 9, 2014. PASSED AND ADOPTED on second reading on January 13, 2015. ATTEST: VS F1 _ r � LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK AYOR DRA APPROVED AS TO O14M AND CORRE ESS: THO AS J`ANSBRO CITY ATTORNEY 6 ORDINANCE 92015-002