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HomeMy WebLinkAboutO-2017-018 24th Text Amendment (TX-27-17) ORDINANCE NO. 2017-018 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 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES AND CONDITIONS OF USE," SECTION 115-40 "SCHEDULE OF PERMITTED USES" TO REMOVE OUTDOOR STORAGE OF VEHICLES; AND PART 2 "SITE DEVELOPMENT REGULATIONS,"ARTICLE 265 "OFF STREET PARKING REQUIREMENTS," SECTION 265-50 "OFF-STREET PARKING REQUIRED; ON-STREET PARKING CREDIT" TO MODIFY REQUIRED PARKING FOR DAYCARE; 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, 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 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 times 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 Part 1 "Use Regulations," Article 115 "Industrial Districts: Permitted, Prohibited, Special Exception Uses And Conditions of Use," Section 115-40 "Schedule of permitted uses" of the City of Dania Beach Land Development Code is amended to read as follows: Sec. 115-40.-Schedule of permitted uses. Le end P - Permitted Permitted accessory use only #,# - (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. alnot permitted USES IROM IROM-AA IROC IROIG JIR JPEDD MA-1 1 Additions to the text are shown in underline. Deletions to the text are shown in StFokethFeugh. 2 ORDINANCE#2017-018 USES ROM IROM-AA IROC IROIG �111 JPEDD JMA-1 MARINE AND HEAVY INDUSTRIAL USES 4*1 Outdoor storage/parking of fully assembled &operational automobiles, aircraft, bus,truck, recreation vehicles, motor home, motorcycle,tractor trailer, boat or construction equipment. NP w Section 3. That Part 2 "Site Development Standards," Article 265 "Off-Street Parking Requirements," Section 265-50 "Off-street parking required; on-street parking credit" of the City of Dania Beach Land Development Code is amended to read as follows: Sec. 265-60. -Off-street parking required; on-street parking credit. SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS Off-StreetMinimum Districts xlw Day care, One(1)per one h,.ndfed fifty(1 50)four hundred(400)sf or five 10 reschool (5)total(greater of) 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. 3 ORDINANCE#2017-018 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 May 23, 2017. PASSED AND ADOPTED on second reading on June 13, 2017. ATTEST: o`�P�Is Fier LOUISE STILSON, CMC TAMARA JA CITY CLERK MAYOR APPROVED AS T FORM AND CORRECTNESS: THOMA- J. AMB CITY ATTO EY 4 ORDINANCE#2017-018