HomeMy WebLinkAboutO-2015-024 15th Text Amendment 2nd Reading ORDINANCE NO. 2015-024
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 110, "USE REGULATIONS FOR COMMERCIAL
AND MIXED-USE DISTRICTS," CONCERNING PERMITTED, SPECIAL
EXCEPTION AND PROHIBITED USES; AMENDING ARTICLE 115,
"INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE," CONCERNING
PERMITTED AND PROHIBITED USES IN CERTAIN INDUSTRIAL
ZONING DISTRICTS; AMENDING ARTICLE 205, "TABULAR SUMMARY
OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS,"
TO ADDRESS MARINE USES; AMENDING ARTICLE 215,
"SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE," CONCERNING PERMITTED
YARD ENCROACHMENTS; AMENDING ARTICLE 265, "OFF-STREET
PARKING REQUIREMENTS," CONCERNING DRIVEWAY
REQUIREMENTS; AMENDING ARTICLE 275, "LANDSCAPE
REQUIREMENTS" CONCERNING LANDSCAPE REQUIREMENTS;
AMENDING ARTICLE 290, "GARBAGE DUMPSTERS," CONCERNING
DUMPSTER ENCLOSURES; AMENDING ARTICLE 302, "DETAILED USE
REGULATIONS," CONCERNING PERMITTED AND PROHIBITED USES IN
CERTAIN SPECIAL DISTRICTS; AMENDING ARTICLE 635 "SITE PLANS"
TO ADDRESS SITE PLAN EXCLUSIONS; AMENDING ARTICLE 675
"TEMPORARY USE AND SPECIAL EVENT PERMITS" TO REVISE AND
REORGANIZE THE CERTAIN TEMPORARY USE REQUIREMENTS;
AMENDING ARTICLE 825 "TREE PRESERVATION" TO ADDRESS
MITIGATION REQUIREMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE
CODE; 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 recommends updating the use
regulations in Commercial, Mixed Use and Industrial zoning districts to address bail bond
agencies and pawn shops and update the list of permitted, special exception and prohibited uses
and related conditions of use; and
WHEREAS, City staff desires to reference the regulation of Marine uses in the "Tabular
Summary Of Site Development Standards For All Zoning Districts,"for ease of reference; and
WHEREAS, Community Development Department staff desires to amend the
supplemental regulations related to permitted yard encroachments; and
WHEREAS, Community Development Department staff desires to amend the off-street
parking requirements to address driveway requirements; and
WHEREAS, Community Development Department staff has identified a need to amend
the Code to enclosures for garbage dumpsters; and
WHEREAS, the Community Development Department recommends clarifying detailed
use regulations related to community residential homes, residential care facilities, bail bond
agencies,pawn shops and winery uses; and
WHEREAS, City staff recommends updating landscaping requirements to eliminate
conflicts with the landscape requirements in the RO zoning district; and
WHEREAS, City staff has recommended updating the list of construction projects
exempt from site plan review to address nonresidential additions which do not exceed five (5)
percent of the total cumulative existing building square footage; and
WHEREAS, City staff recommends reorganizing temporary use and special event
provisions; 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
2 ORDINANCE#2015-024
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.
Sec. 110-20. -List of permitted, special exception and prohibited uses.
COMMERCIAL
INDUSTRIAL MIXED-USE DISTRICTS ONING
DISTRICTS
i
(Legend
t
P - Permitted C
�P(#) - Permitted subject to
!numbered footnote
A- Permitted accessory use RO
my (see
SE - Permitted special Marine sec CC C- C- C- C-
exception use only 110- MJ 1 2 3
180) i
- Not permitted
E
!USES
3 ORDINANCE#2015-024
i
Winery with tasting room
;(required) [subject to section
110_501
Sec. 110-70. ReseFved. Bail Bond Agency. The use of bail bond agency must provide a
minimum separation of one thousand(1,000) feet from another similar use.
Section 3. That Article 115 "Industrial Districts: Permitted, Prohibited, 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. 115-40. - Schedule of permitted uses.
IROM- MA-
IROM IROC IRO IG IR PEDD
1
i
Brewery,er craft distillery or winery with/or P P P P P P
without tasting room [subject to section 110-50]
,Distribution, principal use SE 2, SE 2,4, SE 2, SE SE P 2, 5
4, 52 52 4, 52 46,
4 ORDINANCE#2015-024
IROM- MA-
ROM IROC IRO IG IR PEDD
AA 1
50
' I
Light manufacturing 1, 2 1, 2 1, 2 1 16 P 71
'Overnight fleet parking for vehicles owned or leased A A A 412 A
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.
;Pest control service, storage or fleet yard 79 NP-79 P
Self-storage facility 2, 4, 52 SE S€-2—P 2 P SE 2
2,
46
(Warehousing facilities 2, 4, 2, 4 P 7, 8 35,�, 36 e P P 2, 5
51 S€2, as
appliGaWe
P2
i
(Wholesale: combined office-distribution-warehouse SE 2, 2, 4 SE 2, 69 412 SE 2 P 2, 5
facilities 4 4
(Wholesale: combined office-showroom-warehouse 2, 4, 2, 4, 7, 2, 7, 69 2 :7, 69 7 7
facilities 7, 51, 69 51, P 2
69 69
5 ORDINANCE#2015-024
IROM- MA-
IROM IROC IRO IG IR PEDD
AA 1
i
�CD�CIAL USES
.Auto body repair 73 P 4P P 16 SE
NEI
Automobile repair, minor or major 73 P 412 P 16 P P P
Indoor sales, service, display, rental or repair of 33, 33, 73, 32, 2 4P SE P
;automobiles, motorcycles or trucks. 73, 74
74
I
jMachine shop, sheet metal shop,welding shop, or 2, 17 2, 17 2, 17 P 16 SE P
tool and die shop
,Outdoor or indoor sales and display of fully P 68 14P 62
,assembled outdoor recreational merchandise
Outdoor or indoor sale or rental of new or late- 17 NP 62 SE
',model construction equipment
Outdoor sales, leasing, rental, and display of 17, 19, 32, 21 WP 62 SE P
,automobiles, motorcycles, or trucks 73, 74
is painting/spray booth P P P P p4P P E P
A&AIIME AND HEAW INDUSTRM WO
6 ORDINANCE#2015-024
IROM- MA-
IROM A IROC IRO IG IR PEDD 1
I
Outdoor sales, leasing rental, display and accessory 17, 73, 412 62
;repair of used boats and marine vessels 74
Sec. 115-50. - Conditions of use.
7 Conditions of use: excludes self-storage warehouses.
PEDD A f A 1 1RON4 AA
rz� , , vivi-
62 Conditions of use: Must be hidden/screened from public view and/or
residential properties.
Section 4. That Article 205 "Tabular Summary of Site Development Standards for
All Zoning Districts," of the City of Dania Beach Land Development Code is amended to read as
follows:
ARTICLE 205. - TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS
FOR ALL ZONING DISTRICTS.
Sec. 205-10. - Schedule of lot, yard and bulk regulations.
�D) LOT DENSITY BULK ARD
,,Industrial
!Districts MINIMUM MAXIMUM MAXIMUM MINIMUM
' I
7 ORDINANCE#2015-024
Area Width Depth Density Height Coverage Impervious Front Interior Rear Corner Setback
(Sq. (Ft.) (Ft.) (DUs/Gross (Stories/Ft.)(Percent)area (Ft.) side (Ft.) side& abutting
Ft.) Acre) (Percent) Both/One other residential
(Ft.) street land use
designation
(Ft.)
I
'MARINE
See Sec.
30 13 00
Section 5. 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:
Sec. 215-50. -Permitted yard encroachments in the E-1,RS-18000,RS-12000,RS-8000,RS-
6000,NBHD-RES, and RD-8000 Districts.
(K) Outdoor sports courts may be constructed within required yard areas, except any
required or provided ,yard abutting a street line, provided that any walls or fences shall
conform with article 235.
Section 6. That Article 265 "Off-Street Parking Requirements" of the City of Dania
Beach Land Development Code is amended to read as follows:
Sec. 265-100. -Design standards for residential parking spaces utilizing individual
driveways or back-out parking.
(D) Driveways constructed with material other than concrete or asphalt must provide an
engineered subsurface and be permitted and approved by the Public Services.
8 ORDINANCE#2015-024
Section 7. That Article 275 "Landscaping Requirements" of the City of Dania Beach
Land Development Code is amended to read as follows:
Sec. 275-110. - Perimeter buffer landscape requirements for areas separating business,
commercial, mixed-use residential/commercial, and industrial property from residential
property.
(D) f Landscaping.} When any property, except RO zoned property, is zoned or used for
community facility, commercial, mixed commercial/residential, or industrial purposes and
directly abuts a residentially zoned or used property, without separators between them such
as a street, alley, canal or other public open space, then the business, commercial, mixed-
use, or industrial property shall be provided with a landscaped area at least ten (10) feet in
depth adjacent to the residential property. Such landscape area shall meet the following
requirements:
Section 8. That Article 290 "Garbage Dumpsters" of the City of Dania Beach Land
Development Code is amended to read as follows:
Sec. 290-30. -Applicability and exemptions.
(A) {On-site enclosure requirements.1 All of the folio commercial and multifamily uses
using dumpsters shall provide on-site enclosures unless it is determined to be infeasible
by the Community Development Director..
(10) o more its
,a,.v,
Section 9. 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
9 ORDINANCE#2015-024
Sec.302-10. -Permitted,special exception and prohibited uses.
Legend:
P= Permitted
Districts
SE=Special Exception use
(#)= Permitted subject to the restriction in
section 302-20 having the same number that is
within the parentheses EDBB-MU FED-MU
I
- Not permitted Principal Street Frontage
City GTWY-MU NNBHD- NBHD-
Center MU RES
Abbreviations: S.Fed.
EDBB= East Dania Beach Boulevard DBBotner Hwy Other
streets Sheridan Streets
SFED=South Federal Highway St.
' I
F
t
i
Community residential home-type 1; up to 6
residents(see Sec.725-30 for definition) NP NP NP NP NP NP NP P
subject to Section 105-170
Community residential home-type 2; 7-14
residents(see Sec.725-30 for definition) (3) NP (3) (3) (3) (3) NP P
subject to Section 105-170
AlWooll Now
E
i
i
i
Residential care facility(subject to Section NP NP E NP SE SE FNP
TNP
105-170
Residential care facility, adult subject to
NP NP E NP SE SE NP NP
Section 105-170
10 ORDINANCE#2015-024
Legend:
P= Permitted
Districts
SE=Special Exception use
(#)= Permitted subject to the restriction in
11, section 302-20 having the same number that is
within the parentheses EDBB-MU FED-MU
- Not permitted Principal Street Frontage
City NNBHD- NBHD-
GTWY-MU
Center I MU RES
Abbreviations: S.Fed.
EDBB= East Dania Beach Boulevard DBBother Hwy Other
streets Sheridan Streets
FED=South Federal Highway St.
i
AL uses tW nw not be
Microbrewery—or winery with tasting room
P SE E SE SE SE E NP
(required) [subject to section 110-50]
Section 10. That Article 635 "Site Plans" of the City of Dania Beach Land
Development Code is amended to read as follows:
Sec. 635-30. -Exclusions.
The following construction shall be exempt from site plan review:
(B) Nonresidential additions that do not exceed one-thousand (1,000) square feet in area or
two and a half (2.5) percent of the total cumulative new property square footage,
whichever is greater, and that do not require the addition of parking or loading spaces
on site in order to satisfy the requirements for same in article 265 [Off-Street Parking
and Loading].
11 ORDINANCE#2015-024
(I) Exclusion from site plan review for site preparation of large scale brown geld
redevelopment sites. Development permits for site preparation of property
including, but not limited to, grading, excavating, dredging filling and other
activities incidental to construction may be approved if all of the followingoccur.
ccur.
(1) Site is greater than fifty(50) acres;
(2) Site is designated a Brownfield Site;
(3) Site is located within the RAC;
(4) The site has subterranean conditions that are unsuitable for standard
construction means and methods and would therefore unduly extend the
development process, as evidenced by a sealed geo-technical report acceptable
to the Community Development Director or designee;
(5) Applicant must provide a hold harmless document with the permit
submittal;
(6) All applicable county_permits must be obtained prior to commencement of
any site preparation activities;
(7) The Applicant shall provide a written report from a qualified, independent,
private consultant, approved by the city, which evaluates the land area's
existing conditions, habitats and wildlife populations (by number, type and
critical habitat). Such report shall include any warranted mitigation plans
necessary for the protection and conservation of identified protected species
including safe capture and relocation of any wildlife species protected by state
or federal law; and
(8) Any required tree removal license for such clearing shall comply with the
standards and requirements set forth in Article 825-70.
Section 11. That Article 675 "Temporary Use and Special Event Permits" of the City
of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 675. - TEMPORARY USE AND SPECIAL EVENT PERMITS
Sec. 675-20. - Temporary uses authorized.
(A)All temporary uses or special events must be located on developed property with an active
business tax receipt issued by the city, or upon city property as authorized in accordance with
this article, and must meet one of the following criteria:
This section does not to apply to local shows or amusements held in theaters, auditoriums or
permanent buildings designed and permitted for assembly uses.
12 ORDINANCE#2015-024
(n�-allowing_t o o authorized in-tl cen a=u�industrial-
mixed use distfiets, and on lots developed for- assembly and institutional uses in other- zoning
distr-iets stibjeet to approval ef the parks and r-eer-eatien difeetef after- s4aff review and
(,) Holiday sales f Chfistmas ' es gkins fer�'�reen, and othersimil(2) Events with less than fifty (50) tteadanee, as es4ifnated by the parks
�; a; ete
(B QIn 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:
(D) This seetien does not to apply to loeal shows or-amusemei4s held in theaters, auditor-itims
or- pefmanent buildings designed and pefmit4ed for- assembly uses, or- any amttsement paFk
established in the eity on a pefmanent basis.
(C) Notwithstanding the provisions of this section, 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 qpnroval of any temporaruse
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.
Temporary sales of a seasonal nature (e.g., holiday sales of Christmas trees,pumpkins
for Halloween), excluding fireworks and sparklers; and
(2) Events with less than fifty (50) persons in attendance, as estimated by the parks and
recreation director.
[Subsequent sections to be relettered]
13 ORDINANCE#2015-024
Section 12. That Article 825 "Tree Preservation" of the City of Dania Beach Land
Development Code is amended to read as follows:
ARTICLE 825. -TREE PRESERVATION
Sec. 825-60. - General licenses.
The following activities are granted a general license to conduct tree removal(s),
provided that the provisions and restrictions listed for the respective activity type are met. A
general license that requires a use notice shall be valid for a period of three (3) months after the
notice is received by the city. A one-time extension of up to six (6) months may be issued
provided that the proposed activities otherwise meet the conditions of the general license. Where
any activity regulated by the tree removal license has occurred,the licensee must comply with all
conditions of the license even though the license may have expired.
(B) Nufser-y=eperation . All lie ^a and geveffunenWwarser-iesmaynduet t e-e
removalut enly in relation te these plants
1 l� , 1 ordinary (�
hie pla to1 v,it fo aleor- v,tende l alo t1 e eeuFse ^T
bttsiaess ^-for-pu.lie purpose. Reserved.
(C) fRemoval of hazard trees.} Removal of a hazard tree, i.e. a tree that is diseased,
injured or in danger of falling, to the extent that its continued existence threatens the
health or safety of contiguous persons ^ pet4 > provided t m the owfier- of the
preperty. A requires the submittal of a general license use notice :s required
spa to the community development department fifteen (15) days prior to the
proposed tree removal activities. The general license use notice must include a plan to
replace, by replanting, trees by and palms proposed for removal on a one-to-one
basis. In the event of an emergency situation, such as tree failure, a general license
use notice is required to be submitted to the community development department
within fifteen Q 5) days after the occurrence of the emergency event.
�) Exemption. All licensed and governmental nurseries may conduct tree removal
activities without prior notice to the city, but only in relation to those plants which are
planted and growing for sale or intended for sale in the ordinary course of business or
for a public purpose.
Sec. 825-70. -License application.
An owner of fee simple title may apply for a tree removal license. After submitting
certified approval of the fee simple owner, the agent of the owner, the lessee of the property,
14 ORDINANCE#2015-024
optionee, contract purchaser, or holder of an easement may apply for a tree removal license. A
holder of an easement may obtain a license only when the proposed tree removal is consistent
with the use granted by the easement. The city shall require that any tree surveys or site plans be
prepared by any person qualified to do so under the Laws of Florida.
(A) Application for license. Application for a tree removal license shall be made on city
forms and be, at a minimum, accompanied by the following documents:
(1) A complete, signed and notarized application form;
(2) A map showing the size and location of the site where the licensed activities are
to be conducted;
(3) A starting date and duration of the proposed licensed activities;
(4) A brief description of the work to be performed, including a drawing of the
proposed work or a certified site plan as determined by the city, showing the location
of all existing or proposed buildings, structures, and site uses;
(5) A tree survey and site plan of identical scale designating those trees which are
proposed to be preserved, relocated, or removed. However, in no case shall a tree
survey be required when five (5) or less trees are proposed for removal or for owner-
occupied residential properties of one (1) acre or less developed for detached single-
family and duplex usage;
(6) A relocation plan per section 825-90 or documentation that relocation is not a
viable alternative for the project; and
(7) The certified legal description of the site.
(B) Application for license prior to approved site plan. Notwithstanding the above
sub-section (A), a tree removal license may be sought prior to site plan approval in
accordance with Section 635-30(1), for properties which:
(1) are greater than fifty (50) acres,
(2) are designated a Brownfield Site;
(3) are located within the RAC; and
(4) have subterranean conditions that are unsuitable for standard construction
means and methods and would therefore unduly extend the development process,
as evidenced by a sealed geo-technical report acceptable to the Communi
Development Director or designee.
(5)Applicant must provide a hold harmless document with the permit submittal.
(6) All applicable county permits must be obtained prior to commencement of any
site preparation activities.
(7) The Applicant shall provide a written report from a qualified, independent,
private consultant, approved by the city, which evaluates the land area's existing
conditions, habitats and wildlife populations (by number, type and critical
habitat). Such report shall include any warranted mitigation plans necessary
the protection and conservation of identified protected species including safe
capture and relocation of any wildlife species protected by state or federal law.
15 ORDINANCE#2015-024
Any such application for tree removal license prior to site plan approval shall include the
following items, as approved by the Community Development Director and City
Engineer:
(1) A complete, signed and notarized application form;
(2) A may showing the size and location of the site where the licensed activities are
to be conducted;
(3) A starting date and duration of the proposed licensed activities,
(4) A brief description of the work to be performed, including a drawingof f the
proposed work, showing the location of all existingproposed buildings,
structures, and site uses;
(5) A tree survey designating those trees which are proposed to be preserved,
relocated, or removed;
(6) A relocation plan per section 825-90 or documentation that relocation is not a
viable alternative for the Project;
(7) The certified legal description of the site;
(8) Tree assessment of specimen trees,
(9) Geotechnical report,
(10) Tree mitigation calculations;
(11)Value of specimen trees,
(12) Technical report on tree preservation efforts,
G3) Tree Removal and Mitigation Agreement, in a form approved by the City
Attorney, approved by resolution of the City Commission at a public hearing along
with all permits from the City and other applicable agencies; and
(14) Security Bond covering the total value of all the trees on the site.
(9)(C) Application filing fee.
(1) Before any application for a license required under this article is accepted for
review, a license application filing fee shall be tendered. The amount of the fee
shall be as established by resolution of the city commission.
(2) The license application filing fee is not refundable and may not be applied to
any license application other than the one for which it was originally paid.
(3) For any substantial deviation from the original application there shall be an
additional fee. The amount of the fee shall be established by resolution by the city
commission.
(40)(D) {Consent for site inspections.} Application for a tree removal license constitutes
consent by the property owner or applicant for the city to conduct site inspections in
furtherance of this article on the subject property.
Sec. 825-100. - Tree replacement.
16 ORDINANCE#2015-024
(A) Replacement criteria. Trees that are removed and not relocated shall be replaced so that
there is, at a minimum, no loss of tree canopy coverage upon maturity of the replacement
trees. Performance bonds may be required to be posted. The following procedures shall be
used to determine the tree replacement requirements:
(5) For trees removed on all new or amended developments pursuant to subsection 825-
80(B), an additional fifty (50) percent tree replacement shall be required, except for
those trees approved under a General License.
(6) All trees removed under a General License shall be replaced on a one-to-one basis,
except for invasive tree species identified as category I on the current version of the
Florida Exotic Pest Plant Council's Invasive Species List, which shall be replaced
with an adequate number of trees to replace 25% of the removed canopy
(-0 7) A determination of the number of trees to be replaced shall be performed. This
determination shall be based upon the area of impact and the category of
replacement trees selected by the applicant. The canopy replacement at tree maturity
shall at least equal the canopy removed. The following table shall be used to
determine the number of required replacement trees:
T
Category 1A 500
Category 1B 300
(B) Minimum standards for tree replacement.
17 ORDINANCE#2015-024
(2) Trees identified as category I or category II invasive species on the most recent
version of the Florida Exotic Pest Plant Council's Invasive Species List may not be
used as replacement trees. The city may disallow additional species for replacement
depending on the appropriateness of the species for the site as well as factors such as
hurricane and pest resistance and maintenance requirements. The City of Dania Beach
Landscape Technical Manual should be consulted for the latest list of recommended
trees for planting within the city. The applicant shall have the option of choosing the
category of trees for replacement provided that the total square footage of canopy
coverage effectively destroyed, and at least fifty (50) percent of the replacement trees
are from category 1. If category 1 native trees are unavailable, the category 2 trees
may be used to fulfill this requirement.
(a) Category 1 A and 1 B.
1. 1 A: Minimum of sixteen (16) feet in height and five and a half (5 %2)
inches caliper; or
2. 1B: twelve (12) feet in height and two (2) five 5 inches caliper PBH at
time of planting (see landscape technical manual).
Section 13. 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 14. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 15. That this Ordinance shall be codified in accordance with the foregoing. It
is the intention of the City Commission that the provisions of this Ordinance shall become and be
made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 16. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 13, 2015.
PASSED AND ADOPTED on second reading on October 27, 2015.
18 ORDINANCE#2015-024
ATTEST:
ARD'S F��T
np ri
LOUISE STILSON, C C 'r SALVINO, SR.
CITY CLERK AYOR
APPROVED AS TO FO AND CORRE
THOMAS Jj. ANS O
CITY ATTORNE
19 ORDINANCE 42015-024