HomeMy WebLinkAboutO-2021-031 Text Amendment Sections 725-30 and 115-40 Laboratories (Lab Gurus, LLC)ORDINANCE NO. 2021-031
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE
(LDC); AMENDING SECTION 725-30, ENTITLED "TERMS DEFINED" BY
(1) CREATING A DEFINITION FOR "LABORATORY"; (2) AMENDING THE
DEFINITION OF "OFFICE, MEDICAL" TO INCLUDE SPECIFIC NON -
LABORATORY USES; AND (3) AMENDING SECTION 115-40, ENTITLED
"SCHEDULE OF PERMITTED USES" FOR INDUSTRIAL ZONED
DISTRICTS RELATING TO LABORATORIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Applicant, Lab Gurus, LLC, requests to update the Land Development
Code amending the definition of "Office, medical" to include specific facilities providing
diagnostic analysis of medical tests within its definition; and
WHEREAS, the Community Development Department recommended approval of the
proposed amendments to the Land Development Code in its report dated October 20, 2021; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on October 20, 2021, and recommended approval of the
proposed Ordinance; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings
relating to the adoption of the LDC amendments; and
WHEREAS, the City Commission finds that it is in the best interest of the City to adopt
the amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing WHEREAS clauses are ratified and confirmed as being
true and correct, and they are made a specific part of this Ordinance.
Section 2. That the City's Code of Ordinances, of the Land Development Code, is
amended as follows:
ARTICLE 115. — INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE
Sec. 115-40. — Schedule of permitted uses.
USES IROM IROM IROC IRO IG IR PEDD MA-1
-AA
LIGHT INDUSTRIAL USES
Medical and dental laboratories P P P NP P NP NP P
ARTICLE 725. — DEFINITIONS
See. 725-30. — Terms defined.
Office, medical. A facility providing services to the public by physicians, dentists, surgeons,
chiropractors, pharmacists, osteopaths, physical therapists, nurses, acupuncturists, podiatrists,
optometrists, psychiatrists, or others who are duly licensed to practice their respective
professions in the State of Florida, as well as others, including but not limited to technicians
and assistants, who are acting under the supervision and control of a licensed health care
practitioner. A space of 5,000 square feet or less, consisting of facilities providing diagnostic
analysis of medical tests (such as blood test, urinalysis, computerized tomogr4phy (CT), x-rqy
or other medical tests related to diagnostic treatment) are to be considered as medical offices.
Retail pharmacies staffed by pharmacists that sell prescription drugs, nonprescription drugs or
both and other retail goods for sale to the public, are not medical offices. Offices for social
workers and mental health counselors are not medical offices. Pain management clinics, as
defined in this provision, are medical offices.
Section 3. That if any clause, section, sentence or phrase of this Ordinance is for
any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be in force and take effective immediately upon
its passage and adoption.
2 ORDINANCE #2021-031
PASSED on first reading on November 9, 202 1.
PASSED AND ADOPTED on second reading on December 14, 202 1.
ATTEST: B iw-
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
� f lill 1�
THO�AS J..,,�*,S*O
CITY ATTO'9NEY
AMARA JAMES
MAYOR
ORDINANCE #2021-031