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Home My WebLink AboutO-2017-010 23rd Text Amendment ORDINANCE NO. 2017-010 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 PART 1 "USE REGULATIONS," ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS" AND PART 3 "SPECIAL ZONING DISTRICTS," SUBPART I "COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS," ARTICLE 302 "DETAILED USE REGULATIONS," BY AMENDING THE PERMITTED USES WITHIN THE NEIGHBORHOOD MIXED USE (NBHD- MU) DISTRICT; 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, City staff recommends approval of the proposed changes; 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 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" of the City of Dania Beach Land Development Code is amended to read as follows2: ARTICLE 110. — USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS Sec. 110-20. -List of permitted, special exception and prohibited uses. COMMERCIA INDUSTR L ZONING IAL MIXED-USE DISTRICTS DISTRICTS CRA FORM-BASED DISTRICTS Legend P -Permitted P(#) - Permitted subject to RO numbered (sees footnote ec EDB SFE GTW NBH C C C C A-Permitted 110- C B- D- Y- D - - - - accessory use Marine 180) C MU MU MU MU 1 2 3 4 only 1 Additions to the text are shown in underline. Deletions to the text are shown in rr L.�tr�ccnrfh Foough. 2 Additions to the text are shown in underline. Deletions from the text are shown in stFikethFquoh. 2 ORDINANCE 92017-010 SE - Permitted special exception use only -Not F P permitt ed USES Assembly and light fabrication of goods and N N N S materials SE NP SE NP NP NP SE P P P E Catering establishments [*subject to section 302- N N 20(22)1 NP NP NP NP NP NP -NP* P P P P 3 ORDINANCE#2017-010 Indoor play center providing primarily physical and imaginative non-electronic recreational opportunities for primarily ;. preschool and elementary :' aged children, and which may also offer accessory retail sales, food and e beverage sales [*subject to ; section 302- 20(22)] = #fNP NP NP NP NP NP NP* P P P P Vinyl sign fabrication and sign printing shops (excluding metal N S S S fabrication NP NP NP NP SE SE NP* P E E E sand blasting 4 ORDINANCE 42017-010 and spray '�b painting d , processes) f*subject to section 302- 20 22 Warehousing with up to twenty(20) percent ancillary office space [*subject to section 302- N N S 20 22 A NP NP NP NP NP NP* P P E P * * * Wholesale: combined office- showroom- warehouse facility with up to twenty percent (20%) ancillary office space [*subject to section 302- N N N 20 22 P NP NP NP NP NP NP* P P P P 5 ORDINANCE#2017-010 Section 3. 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. Sec. 302-10. - Permitted, special exception and prohibited uses. Legend: Districts P= Permitted SE =Special Exception use (#) = Permitted subject to the restriction in section 302-20 I EDBB-MU SFED-MU having the same number that is within the parentheses City GTWY- NBHD- NBHD- NP j- Not permitted Center ( Principal Street Frontage MU MU i RES I Abbreviations: S. Fed. j EDBB= East Dania Beach EDBB Other Hwy Other Boulevard streets Sheridan Streets SFED=South Federal Highway ( St. qMixedidential and commercial use P P P P P I Bakeries, delicatessens P P P j P P P P k 6 ORDINANCE#2017-010 * * * * * * Catering establishment [*subject to section 302- .. P * 20(22)1 * * * Indoor play center' providing primarilX h' physical and imaginative non-electronic recreational opportunities for primarily preschool and elementary aged _ a f children, and which may c P P * N P also offer accessory retail sales, food and beverage fl sales r*subject to section 302- ` 20 22 * * * * * * 7 ORDINANCE#2017-010 3 Assembly and light fabrication of goods and SE SE materials ; * * * Vinyl sign fabrication and sign printing shops (excluding metal fabrication sand blasting and spray painting SE SE P processes) , fF, [*subject to section 302- ) 20(22)] v * * * Warehousingwith to -, twenty (20)percent ancillary office space NP NP NP NP NP P * NP [*subject to section 302- f 20(22)] Wholesale: combined office-showroom- ` warehouse facili. with2 up to twenty_percent / !�20/o ancill office rF- space { ' �¢ nP f* subject to section 302- '4 20(22)] 8 ORDINANCE#2017-010 Sec. 302-20. - Conditions of use (22) All uses within this restriction shall only be permitted within the NBHD-MU District on those properties which are located south of Stirling Road, east of Phippen Road, north of West Dixie Highway, and west of the FEC railroad tracks. Section 4. 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 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 6. 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 7. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on March 28, 2017. PASSED AND ADOPTED on second reading on April 25, 2017. ATTEST: e�o�p�Is 4r LOUISE STILSON, CMt MARA JA ES CITY CLERK AYOR O � APPROVED AS TO 1 AND CORREC J THOM' S J. AN R CITY ATTO Y 9 ORDINANCE#2017-010