HomeMy WebLinkAboutO-2017-022 25th Amendment Text ORDINANCE NO. 2017-022
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
SUPPLEMENTAL REGULATIONS IN THE PRD-1 DISTRICT; AMENDING
ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED,
SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" TO REVISE
THE LIST OF USES AND RELATED CONDITIONS; AMENDING ARTICLE
205, "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR
ALL ZONING DISTRICTS" CONCERNING LOT, YARD AND BULK
REGULATIONS; AMENDING ARTICLE 215, "SUPPLEMENTAL
REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND
OPEN SPACE," TO ADDRESS YARD ENCROACHMENTS; AMENDING
ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS," TO ADDRESS
OFF-STREET PARKING REQUIREMENTS AND ON-STREET PARKING
CREDIT; AMENDING ARTICLE 275, "LANDSCAPING REQUIREMENTS"
TO ADDRESS EXISTING NONCONFORMING VEHICULAR USE AREAS;
AMENDING ARTICLE 610, "PUBLIC HEARING NOTICES" TO REVISE
PUBLIC HEARING NOTICE REQUIREMENTS; AMENDING ARTICLE 630,
"SPECIAL EXCEPTION USES" TO REVISE THE DECISION MAKING
AUTHORITY FOR CERTAIN APPLICATIONS; AMENDING ARTICLE 640,
"PLATS" TO REVISE PLAT DRAWING AND DATA REQUIREMENTS;
AMENDING ARTICLE 725, "DEFINITIONS"; 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 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. 105-220. - PRD-1 District supplemental regulations.
(A)Site plan required for rezoning. No property may be rezoned PRD-1 without the review
and approval of a site development plan by the Marring and zoning bE)ffd and the approval
of the city commission.
1 Additions to the text are shown in underline. Deletions to the text are shown in=*"M1( thFqUgh.
2 ORDINANCE#2017-022
(E)General standards; site development plan. In reviewing and approving such site
development plan, the planning and zoning board and city commission shall consider the
location, size, height, spacing, appearance, character and utilization of any building,
structure or use and their appurtenances, access and circulation for vehicles and pedestrians,
streets, parking areas, yards, open spaces and relationships to adjacent property. More
specifically:
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.
Legend
P - Permitted
I
A - Permitted accessory use only
#,t# (Ex 1, 2) Permitted subject to the conditions of use numbered 1 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 1
#) and 2 found in section 115-50.
NP - not permitted
I
USES IROM IROM-AA IROC IRO IG IR PEDD MA-1
1
Parking for vehicles and equipment (NP NP NP j NP NP N � NP NP
. _..
3 ORDINANCE#2017-022
�c �� 4, 1 34�, ¥, ( ,
* * * Q }.
I211 ,
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.
i
LOT DENSITY T, BULK YARDS
I
I
(B) PRD-1 i MINIMUM ? MAMMU I MAXIMUM i MINIMUM
AND
ADDITIONAL
MULTIPLE ; 4 Interior REGULATION III
1 €€ I
-FAMILY I Interior j of lot 5
Dept Density Height Fron Rea Come betwee
Area(Sq. Coverage I Side
DISTRICTS Width(Ft.) h ;(DU/Gross (Stories/Ft. t r r side n
Ft.) (Percent) ' Both/On
(Ft.) Acre) ) (Ft.) a(Ft.) (Ft.) i (Ft.) building
s
(Ft.)
I 1 I I l i i
RM District
20 000 1100 for 40 per j I
building 1 lot& 20 for sections
Townhouse total;
s 2500/uni group; 100E 10.00 buildin j 25 f end 15 ! 25 20 230-10,
22 per 35 g units ( 230-30
t
unit 1 group
I I I i I I i 3
4 ORDINANCE#2017-022
RM-1 District
RM-2 District
j 100
20,000 sf total; 40 per
i i ; sections
Townhouse total; 22 per lot
� 100 12.00 25 20/10 15 25 20 � 230-10,
s 2,500 individu 35 &Bldg. 230-30
I sf/unit j al group
unit lot
I
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:
ARTICLE 215. - SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE
JC X X
Sec. 215-60. - Permitted yard encroachments in the RM, RM-1 and RM-2 districts.
(H)Patio, deck, screen enclosures, sun canopies or gazebos not associated with a pool shall
provide a minimum of a five (5) feet setback from any interior or rear property line, palm
neighbori g unit and a minimum of ten (10) feet from any street side property line.
Section 6. 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
5 ORDINANCE#2017-022
Sec. 265-50. - Off-street parking required; on-street parking credit.
SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS
Minimum Off-Street Parking Requirement
CRA Form-
All Districts Based
Districts
2,
ME
E14
_ $.
I
One (1) per five hundred (500) sf
Industrial, Parking for accessory office, warehouse &
60 manufacturing, labs, showroom areas shall be required and calculated
I and research uses (1) separately for all square footage in excess of 20%
of main use.
One (1) per two thousand (2,000) sf.
Self-storage, or Parking requ. for accessory assee-i-ated uses
61 warehouse (1) including the management office shall be required
and calculated separately for all square footage in
I excess of 20% of main use.
* j One (1) plus per- one thousand five htmdred (1,5"
* j
;64 Storage or-wai7eha One (1) per- one thousand (1,000) s
i
65 Storage, long tefm
I
Section 7. That Article 275, "Landscaping Requirements" of the City of Dania Beach
Land Development Code is amended to read as follows:
6 ORDINANCE#2017-022
ARTICLE 275. - LANDSCAPING REQUIREMENTS
Existing vehieular-use areas whieh do not eompiy with this aftiele shall be brought i
eonfofmity with these regulations upon the oeettffenee of any one (1) of the folio g
a�nT
(A) When the total sqttar-e footage of the vehiettlar-use area is iner-eased or- deer-eased4---y
tell (10) p4.
(B) When thefe is a struetur-al addition w-hieh iner-eases the total gross floor- area of a"
existing building on the pfopefty fnor-e than five httndr-ed (500) square fe
r-ements of this aftiele shall be met before an oeetipational lieense may be issued
use. his subseetion shall not apply when a use or- oeeupaney of an existing
building or struetur-e in the Downtown Dania [Beaehl Development Distfiet is ehang-ed
playhouse, house of worship, lodge hall, private elub, indoor- usementfa
omeeting hailor-institutional dining f eilit<,
7 ORDINANCE#2017-022
Section 8. That Article 610, "Public Hearing Notices" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 610. - PUBLIC HEARING NOTICES
Sec. 610-20. - Table of public notice requirements.
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
10 days
Pasting
Administrative City Within at Doty
Appeal Commission 40 14 days Standard Ad -3450 feet No #all
10 days
-I814 days prior Pasting
Administrative to administrative Within at Got
variance None action Not Required 3450 feet No "all
10 days
Pesting
Planning and Not at City
Zoning Board* -10 14 days Standard Ad Required No #all
Code 10 days
amendments to City Pestong
Part 1(Use Commission Not at Gity
Regulations) (first reading) -10 14 days Large Ad Required No #all
8 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Postin
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
City 10 days
Commission pesting
(second Not at Gott
reading) 39 14 days Large Ad Required No Na
10 days
paston
g
Planning and Not at City
Zoning Board* Not Required Not Required Required No #all
10 days
City pestmng
Commission Not at Gity
(first reading) Not Required Not Required Required No #all
Code City 10 days
amendments to Commission Poston
other than Part (second Not atGity
1 reading) 48 14 days Standard Ad Required No #fall
10 days
pest+ag
Planning and Not at City
Zoning Board * 40 14 days Standard Ad Required No #loll
Comprehensive
Plan text City
amendments, Commission Not
other (first reading) 4014 days Standard Ad Required No 10 days
Pasting
at City
9 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given,, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
f"
City 10 days
Commission Pesten
(second Not at Oty
reading) 4014 days Standard Ad Required No #all
Land use map
amendment 10 days
(small scale per Posting
F.S.§ Planning and Within at Ck
163.3187(1)(c)) Zoning Board* 40 14 days Standard Ad -3450 feet Yes "A
10 days
City Pasting
Commission Not at
(first reading) Not Required Not Required Required No +#ail
City
Commission 10 days
(second Posting
reading Within at City
adoption) -10 14 days Standard Ad -3450 feet Yes ##all
Land use map Within 10 days
amendment, -3450 feet Yes,for map Poston
Planning and for map amendment any
other or change Zoning Board* -10 14 days Large Ad amendmen s** #all
to list of is when
permitted uses mailed
10 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
in land use notice is
category provided in
lieu of
Newspaper
Publication
(4)
Within
3450 feet
for map
amendmen
is when
mailed
notice is
provided in
l 10 days
lieu of
City Newspaper Yes,for map Pester
Commission Publication amendment at City
(first reading) W 14 days Large Ad (4) s** #all
Within
3450 feet
for map
amendmen
is when
mailed
notice is
Cityprovided in 10 days
lieu of
Commission Newspaper Yes,for map Pesten
(second Publication amendment at City
reading) W 14 days Large Ad (4) s** #all
City Within
Plat Commission -10 14 days Standard Ad 3450 feet Ne Yes 10 days
Posting
at Got
11 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
4a-4
Director of
Community Within 5 days
Development following
review only(no administrative Within
public hearing) action Not Required 3450 feet Yes None
10 days
Site Plan pestffin
Review,Small- Planning& Within any
Scale Zoning Board �0 14 days Standard Ad -3450 feet Yes #all
10 days
Site Plan pestoR
Review, Large- City within at Goty
Scale Commission -10 14 days Standard Ad -450 feet Yes ff"
10 days
Within pestmAg
Planning& 3450 at Ck
Zoning Board(') 4014 days(2) Standard Ad feet(2) Yes(2) #all(2)
10 days
Pesting
Special City Within at tit
Exception Commission 30 14 days Standard Ad 3450 feet Yes "A
12 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
10 days
pesten
g
Planning and Within at City
Zoning Board* 4D 14 days Standard Ad -450 feet Yes #all•
filet
Net RequiFed d 10 days
City Neste n
Commission Within at
(first reading) 14 days Not Required 450 feet Me-Yes kla�l
Rezoning
initiated by the
City for fewer City 10 days
than 10 Commission 10 14 days for Ad PestiRg
contiguous (second 30 days for mail Within at City
acres reading) notice Standard Ad 3450 feet Yes #Ia14
Within
3450feet
when
mailed
notice is
provided in
l 10 days
lieu of
Newspaper pestin
Planning and Publication any
Zoning Board* 40 14 days Standard Ad (°) Yes** #all
Rezoning
initiated by the
City for 10 or
more City Within
contiguous Commission 3450feet
acres (first reading) 10 14 days Large Ad when Yes** 10 days
mailed Posting
notice is at c4ty
13 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED 8TH6R
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
provided in 44
lieu of
Newspaper
Publication
(4)
Within
3450 feet
when
mailed
notice is
Cityprovided in 10 days
lieu of
Commission Newspaper pesting
(second Publication at Cit
reading) 1014 days Large Ad (4) Yes** R"
1Ve Ad 10 days
PestiRg
Planning and Within atGity
Zoning Board* 10 14 days Standard Ad 3450 feet Yes 4"
Not
ReqUiFed 10 days
City pestin
Commission Nk; 4d Standard Within at City
(first reading) -10 14 days Ad 450 feet Yes *a11
Rezoning
initiated by the Within
property owner City Commission 10 14 days Standard Ad 3450 feet Yes days
Posting
(second at pity
14 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on City
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOTICE
reading) #all
10 days
pest:ing
City Not at G*ty
Temporary use Commission 40 14 days Standard Ad Required No #all
Propertie
s fronting
the street
segment 10 days
proposed pestiR
Planning and for any
Zoning Board 48 14 days Standard Ad vacation Yes #all
Propertie
s fronting
the street
segment 10 days
proposed Pest+ng
Vacation of City for at City
right-of-way Commission 4014 days Standard Ad vacation Yes #all
10 days
Within Posting
Planning& 3450 at City
Variance Zoning Board(') 4014 days(Z) Standard Ad(Z) feetizi Yes IZi #all IZi
15 ORDINANCE#2017-022
TIMING OF
NOTICE
(minimum
number
of days prior Posting
to public hearing NEWSPAPER at City
that notice NOTICE Hall and
must be given, FORMAT SIGN on Citv
REQUIRED unless otherwise (see section 610- MAIL POSTING Website
APPLICATION PUBLIC specifically 30 for NOTICE REQUIRED OTHER
TYPE HEARINGS provided herein) requirements) RADIUS ? NOT-ICE
10 days
Posting
City Within at City
Commission 49 14 days Standard Ad -3450 feet Yes RA
Within
450 feet
10 days
Posting
Planning and W64 at City
Zoning Board -1914 days Standard Ad Required No Yes #aII
Waiver of
distance
Within
separation for 450 feet
establishments 10 days
serving liquor ig
pursuant to sec. City 464 at City
110-50(E) Commission 10 days Standard Ad RegeiFed N-9 Yes 4"
Table notations:
(')Certain variances and special exceptions may be approved by the planning and zoning
board without city commission action, pursuant to article 625.
(2)This applies only to variances that are decided by the planning and zoning board.
(3)Second reading only.
(4)In accordance with F.S. § 166.041(3)(c)(2)(c), in lieu of publishing the advertisement
required by F.S. § 166.041(3)(c)(2)(b), the municipality may mail a notice to each person
owning real property within the area covered by the ordinance. Such notice shall clearly
explain the proposed ordinance and shall notify the person of the time, place, and location
of any public hearing on the proposed ordinance.
16 ORDINANCE#2017-022
* Acting as the local planning agency (LPA) for code amendments and all amendments to
the land use plan map.
** Except as provided in subsection 610-30(B)(5) for area-wide amendments.
* * *
Sec. 610-30. -Detailed notice provisions.
(A)Timing of notice. The "timing of notice" column in the above table refers to the minimum
number of calendar days prior to the date of the public hearing, not including the date of the
hearing, that:
(1)The newspaper ad must appear in the newspaper;
(2)The sign(s) must be posted;
(3)Mail notices must be mailed; and
(4)Posting at city hall and on the City's web site should ocouf, provided that the
shall be five-(5)ten 10 business calendar
days prior to the public hearing, unless this timeframe is greater as provided by law.
(B)Sign notices—Small scale site plan or other development approval applications for
properties one (1) acre or less in size.
(1)Posting requirements. Where sign posting is required by section 610-20 (table),
above, the applicant shall be responsible for posting signs along all street frontages of
the property that is the subject of a public hearing hereunder. The sign shall be posted
between ten (10) and twenty (20) feet from the edge of street pavement in a manner so
as to be visible from the public rights-of-way. The sign shall be at least three (3) square
feet in area, and shall contain substantially the following language:
PUBLIC HEARING NOTICE
Petition number
Date:
Time:
Project/Application description:
For Information Call: (954) 924-6800 [,,,.,,,..,,unity development depa... ent,.hone
numbers
(2)[Alternate posting locations.]The community development director may allow
alternate sign posting location(s) when the subject property has no improved public
street frontage.
(3){Multiple lot applications.}If multiple lots are the subject of an application for city
approval where sign posting is required, posting of the sign on every lot is not required.
The number and location of sign postings that are sufficient to accomplish the intent of
this section shall be determined by the community development director.
(4)[Additional sign requirements.]For subject properties having more than five
hundred(500) feet of street frontage on any single street, one (1) additional sign shall
be posted for each five hundred (500) feet or fraction thereof.
(5){Area-wide amendments.} Sign posting shall not be required for area-wide
amendments to the land use plan map or official zoning map initiated by the city.
17 ORDINANCE#2017-022
(6){Damage, etc., to posted signs.1 Despite the city's substantial material and posting
standards for public hearing notice signs, removal, damage or destruction occasionally
occurs as a result of vandalism or wind. Therefore, sign posting is considered secondary
and supplemental to newspaper notice of a pending public hearing. Accordingly, any
damage, destruction or removal of signs shall not require that the applicable board or
commission defer or continue a public hearing and/ or decision on an application.
(7){Replacing damaged, etc., signs.1 Notwithstanding paragraph (6), above, if the
owner, applicant or agent is aware that the sign is destroyed or removed from the
property, or damaged beyond full legibility, the applicant is responsible for obtaining
another sign from the city and posting the sign on the property.
(8)[Final disposition of application.]The sign shall remain on the property until final
disposition of the application. This shall include any deferral, rehearing, appeals,
request for review or hearings by another body. The sign information shall be changed
as needed to reflect the information to be provided as specified in paragraph (1), above.
(9)[Proof of posting required.]The applicant shall, ten (10) days prior to the public
hearing, execute and submit to the department an affidavit of proof of the posting of the
public notice sign in accordance with this section. If the applicant fails to submit the
affidavit, the public hearing will be postponed until the next public hearing after the
affidavit has been supplied.
(10){Deadline for sign removal.]All signs shall be removed by the applicant within
five (5) days after final disposition of the application. If the applicant fails to remove
the sign, the city shall have the right to remove same.
(C) Sign notices—Large scale site plan or other development approval applications for
properties larger than one (1) acre in size.
(1)Posting requirements. Where sign postingis required by section 610-20 (table),
above, the applicant shall be responsible for posting signs along all street frontages of
the property that is the subject of a public hearing hereunder. The sign shall be posted
between ten (10) and twenty (20) feet from the edge of street pavement in a manner so
as to be visible from the public rights-of-way. The sign shall be at least thirty (30)
inches, by (36) inches in area, and shall contain substantially the following
language:
PUBLIC HEARING NOTICE
Petition number
Date:
Time:
Project/Application description:
For Information Call: (954) 924-6800
(2)Alternate posting locations. The community development director may allow
alternate sign posting location(s) when the subject property has no improved public
street frontage.
(3) Multiple lot applications. If multiple lots are the subject of an application for city
approval where sign posting is required, posting of the sign on every lot is not required.
The number and location of sign postings that are sufficient to accomplish the intent of
this section shall be determined by the community development director.
18 ORDINANCE#2017-022
(4)Additional sign requirements. For subject properties having more than five hundred
(500) feet of street frontage on any single street, one (1) additional sign shall be posted
for each five hundred (500) feet or fraction thereof.
(5)Area-wide amendments. Sign posting shall not be required for area-wide
amendments to the land use plan map or official zoning map initiated by the 61Y.
(6)Damage, etc., to posted signs. Despite the city's substantial material and posting
standards for public hearing notice signs, removal, damage or destruction occasionally
occurs as a result of vandalism or wind. Therefore, sign posting is considered secondary
and supplemental to newspaper notice of a pending public hearing. Accordingly, any
damage, destruction or removal of signs shall not require that the applicable board or
commission defer or continue a public hearing and/ or decision on an application.
(7) Replacing damaged etc., signs. Notwithstanding paragraph (6), above, if the owner,
qpplicant or agent is aware that the sign is destroyed or removed from the property, or
damaged beyond full legibility, the applicant is responsible for obtaining another sign
from the city and postingthe he sign on the property.
(8) Final disposition of application. The sign shall remain on the property until final
disposition of the application. This shall include any deferral, rehearing, appeals,
request for review or hearings by another body. The sign information shall be changed
as needed to reflect the information to be provided as specified in paragraph (1), above.
(9) Proof of posting required. The applicant shall, ten (10) dqyprior to the public
hearing, execute and submit to the department an affidavit of proof of the postingof f the
public notice sign in accordance with this section. If the applicant fails to submit the
affidavit, the public hearing will be postponed until the next public hearing after the
affidavit has been supplied.
(10) Deadline for sign removal. All signs shall be removed by the applicant within five
(5) days after final disposition of the application. If the applicant fails to remove the
sign, the city shall have the right to remove same.
(ED)Mail notices.
(1)The mail notice radius in table 610-20 shall be measured from the boundaries of the
land that is the subject of the application.
(2)Mail notice shall be sent by U.S. Mail to the following:
(a)The owner(s) of the subject property(ies), as well as the petitioner(s); and
(b)The persons shown on the current tax rolls of Broward County to be the
respective owners; or
(c)In the case of a condominium, notice shall be sent to the board of directors of
the applicable condominium association as listed as registered with the Florida
Department of State Division of Corporations.
(d)Mail notice shall only be required to owners of land located within the city's
boundaries.
(3)The mail notice shall contain substantially the same information as provided in the
newspaper advertisement for the same application, and shall also contain the legal
description of the subject property, the approximate relation to the nearest cross
19 ORDINANCE#2017-022
street(s); and a map or demarcated aerial photograph showing its approximate size,
location and relationship to adjacent properties.
(4)Mail notice is a courtesy that the city provides to supplement other forms of notice.
Therefore, the mailing of such notices shall constitute service. Nonreceipt of mail
notice by any property owner within the required mailing radius for any reason does not
constitute grounds for re-advertising or conducting additional public hearings, and shall
not affect any action or proceeding taken.
(5)When more than one (1) hearing is required or occurs before any given body, mail
notice shall be required only for the first such hearing, except that one (1) mailing is
required for each city commission public hearing to consider adoption of large-scale
land use plan map amendments.
(6)Mail notice shall not be required for any city-initiated amendment to the land use
plan map or official zoning map if the community development director determines that
more than one (1) percent of the number of properties or households, whichever is less,
within the city would be affected by such amendment.
Mail nefiees whieh must inelude a right to protest shall advise the addressee of the
right to pfotest the request in writing within fifteen (15) days of mailing as evideneed
by the postmark.
(P�E)Newspaper notices.
(1)All required newspaper ads shall be placed in one (1) or more newspapers of general
paid circulation in Broward County, and of general interest and readership in the
community, not one of limited subject matter. Standard newspaper advertisements shall
contain all information required by law for such advertisements.
(2)Comprehensive plan (text and land use plan map) amendments; code amendments
changing the list of permitted, prohibited and conditional uses of land; and rezonings
initiated by the city are specifically regulated by F.S. § 166.041, as may be amended
from time to time. Pursuant to said section, such ads shall not be placed within the legal
advertisement section of the newspaper, shall be two (2) columns in width by ten (10)
inches in length, shall prominently state "NOTICE OF LAND USE CHANGE" or
similar in eighteen-point type, and shall include a location map as applicable.
Section 9. That Article 630, "Special Exception Uses" of the City of Dania Beach
Land Development Code is amended to read as follows:
ARTICLE 630. - SPECIAL EXCEPTION USES
Sec. 630-40. - Special exception use procedures.
(A)Public notice shall be made in accordance with article 610, "Public Hearing Notices".
20 ORDINANCE#2017-022
(B)Special exception uses and their related accessory uses including enlargement or
modifications of an existing special exception use shall be decided as follows:
(1)The planning and zoning board shall decide all applications for special exception
that:
(a) pertain to, and are processed concurrently with, small-scale site plans, or
(b) are for properties one (1) acre or less in size.
(2)The city commission shall decide all other applications for special exception.
(C)Special exception uses are matters that are quasi-judicial in nature as defined by section
2-1.3, Quasi-judicial proceedings. All matters which are defined as quasi-judicial in nature
shall utilize the quasi-judicial hearing procedures set forth in the Code of Ordinances. The
petitioner shall bear the burden of providing competent substantial evidence that the special
exception use should be granted.
�C X 7C
Section 10. That Article 640, "Plats" of the City of Dania Beach Land Development
Code is amended to read as follows:
ARTICLE 640.—PLATS
Sec. 640-30. - Plat drawing and data requirements.
(A)The plat drawing shall be printed on twenty-four-inch X thirty-six-inch paper.
(B)The plat shall be drawn at a standard engineering scale no smaller than one (1) inch =
one hundred (100) feet except when a smaller scale is approved by the Broward County
Highway Construction and Engineering Division, Plat Section.
(C)The plat shall contain the following:
(9)A signature block for the planning and z g board ,.hairpo,-so , mayor, and
community development department, providing spaces for the date of approval,
signature, attestation by the city clerk adjacent to the mayor's signature block, and a
space for the city seal to be set upon the plat linen. Language preceding the mayor's
signature on the plat drawing shall state that the city agrees not to issue building
permits for the construction, expansion, or conversion of a building within the plat until
such time as the developer provides the city with written confirmation from Broward
County that all applicable impact fees have been paid or are not due.
Section 11. That Article 725, "Definitions" of the City of Dania Beach Land
Development Code is amended to read as follows:
21 ORDINANCE#2017-022
ARTICLE 725. - DEFINITIONS
]�C X
Sec. 725-30. - Terms defined.
iF � JC
Convenience store. A retail establishment, generally five thousand (5,000) square feet or
smaller, that sells a variety of convenience goods, such as prepackaged snack and food items,
tobacco, periodicals, beverages, household goods, automobile accessories, hardware,
pharmaceutical items, prepared foods, beer and wine, and other popular, nonspecialty items
that consumers generally use or consume frequently, or require on short notice, and which
stocks smaller varieties of any type of good than would ordinary general purpose stores or
specialty stores such as grocery stores, home supply stores, pharmacies, and hardware stores.
May also offer convenience services such as limited banking services. Convenience stores are
often associated with another use, such as motor fuel pumps or fast-food restaurants.
Customer service area. An area in a restaurant devoted to a euste er- 1 '�"', waiting area,
food or beverage service or consumption, customer line cueing [queuing], self help eofflptAe
the suppei4 area behind the eounter-not other-wise elassified as offiee, or other similar areas
devoted to interface between general walk-in customers and employees, terminals, or machines
establishments,intended to sei=ve the walk in eustomer-s. For-food pr-epafa4ien
X
Section 12. 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 13. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 14. 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 15. That this Ordinance shall take full effect immediately upon its passage and
adoption.
22 ORDINANCE#2017-022
PASSED on first reading on June 27, 2017.
PASSED AND ADOPTED on second reading on July 25, 2017.
ATTEST:
��o�ARvs Fi�r���i-
LOUISE STILSON, CMC , TAMARA J S
CITY CLERK MAYOR
ASE� 1
APPROVED AS TO FORM AND CORRECTNESS:
a -� 4 A /K
THO S J. N
,4,)l
CITY TTO�
23 ORDINANCE#2017-022