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Home My WebLink AboutO-2018-005 27th Text Amendment Second Reading Amended at Meeting ORDINANCE NO. 2018-005 SECOND READING 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" TO ADDRESS REQUIREMENTS TO ALLOW OUTDOOR SEATING; AMENDING ARTICLE 115 "SCHEDULE OF PERMITTED USES" TO ADDRESS USES CONCERNING AUTOMOBILES AND STORAGE FACILITIES IN CERTAIN ZONES; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" TO ADDRESS SPECIAL EXCEPTION USES AND PERMITTED USES FOR CIVIC AND INSTITUTIONAL USES, GENERAL COMMERCIAL USES, RESTRICTED COMMERCIAL USES, AND INDUSTRIAL USES; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS"; 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, 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 follows: Article 110.—USE REGULATIONS FOR COMMERCIAL AND MIXED USE Sec. 110-200. -Outdoor restaurant seating. �CX:F Outdoor restaurant seating is permitted as an accessory use to an indoor restaurant containing at least five hundred (500) square feet of gross floor area, in accordance with the following requirements: (A) Outdoor seating as an accessory use to an indoor restaurant is permitted without a special exception in the commercial zoning districts listed in section 100-60(c), provided that the subject property is not adjacent to any residential use or any property located within a residential zoning district or mixed-use zoning district as listed in section 100-60 (a) and (b). (B) Outdoor seating on properties within the commercial zoning districts which are adjacent to residential use or any property located within a residential zoning district shall require a special exception. (C) A minimum five hundred-foot separate between outdoor seating and residential use or zoned land is required. (D) Music shall not be permitted to be performed or amplified within outdoor seating areas. (E) Outdoor seating requires its own certificate of use. (F) Properties in Mixed-Use zoning districts must refer to the use regulations in Article 302. Section 3. That Article 302. — "Detailed Use Regulations" of the City of Dania Beach Land Development Code is amended to read as follows: 1 Additions to the text are shown in underline. Deletions to the text are shown in S*•"-yes„ 2 ORDINANCE#2018-005 SECOND READING ARTICLE 302. "DETAILED USE REGULATIONS" Sec. 302-10.-Permitted,special exception and prohibited uses. I Legend: Districts P= Permitted SE=Special Exception use (#) = Permitted subject to the restriction in section 302-20 EDBB-MU SFED-MU having the same number that is I within the parentheses i ®®®®®®®®®® City GTWY- NNBHD- NBHD- - Not permitted Center Principal Street Frontage MU MU RES Abbreviations: S. Fed. ®� EDBB= East Dania Beach Other Hwy Other Boulevard I EDBBstreets Sheridan Streets SFED=South Federal Highway i St. Academic schools SE SE SE SE 412 SE Charitable clubs, lodges, I civic or fraternal SE SE SE SE SE SE NRLSE organizations,excluding (6) (6) (6) (6) (6) (6) L61 social service providers T-T Colleges, specialty schools, ! P P SE P SE P #SSE excluding student housing Marine schools, including SE SE SE SE � SE 4R-SE on-campus student housing 1 3 ORDINANCE#2018-005 SECOND READING Place of worship (6) (6) (6) (6) (6) (6) SE(6) I Recreation center, athletic n(6) facility with spectator (6) (6) (6) (6) (6) (6) S seating i Exhibit/Event space SE SE 4RSE Farmer's market [subject to P '; #R SE P section 105-240] 1 Automobile sales showroom, marine SE SE SE equipment sales showroom 1 1 Indoor Sales, storage, or display of lumber or NP building materials and outdoor garden supplies r I I 4 ORDINANCE#2018-005 SECOND READING Assembly, repair, and fabrication of pre manufactured art objects, ¢ apparel,jewelry, and home (15) (15) (15) (15) i and office furnishings ! I acGesseFy roc Vehicle (including RVs and 4+q = watercraft) assembly, x . repair, paint and body shops, auto glass shops; storage, warehousing, ";. . sales, display, leasing,and rental Warehouse,storage (including self-storage NP warehouse), industrial, or manufacturing useq, Section 4. That Article 303. — "District Development Standards" of the City of Dania Beach Land Development Code is amended to read as follows: ARTICLE 303.—DISTRICT DEVELOPMENT STANDARDS Sec. 303-40. -City Center(CC) District. (L) Building placement standards. 5 ORDINANCE#2018-005 SECOND READING Diagram NP= not Outside Core Key permitted core � 9= 9 Shopfront 5 - 10' 10, I with arcade 5'— 5'—15' Front 15' i "F" street setback F 4--2, I Stoop I NP 11 6'—10' Dooryard NP 8'-12' 1 Balcony over NP 8'-12' j porch � I '- Corner street 8'-5 VIC11 51- - setback 101 10' Interior side 0' "G" 0'min setback, 1st layer min Interior side 0' "H 0' min. setback, 2nd layer min. I I 0' "I" Rear setback 0' min. min. I Figure 303-10 Maximum Permitted Height Map. 6 ORDINANCE#2018-005 SECOND READING tj m i c uI � m rn zl NEI31RD ST; . NW.3RD ST t NW 3RD ST `.� Yr = =;'i' ' Transition zone adjacent to residential 1 � ' zoning district.Allowable height within / this zone is determined by Sec. 304-20. jlfQ y , ! Edge of transition zone is approximate as i , depicted. - j NV11r2ND ST � -t t`� 1 F W:1ST ST jJ ¢ ( ` j �•. NW HILLST' NE/SE 1 Ave. corridor is limited ,> z 14 to 8 stories,,74 80'. Western edge w;onNlaaFJ+cHSLVD, , � °� I of 8-story limit is34DI 80'west of 1 Ave. street line. to j w- 3 o• M -- '' SWIST:ST "-1 ,` $St0 lim t consistent with sw 1�sT,sT � i Iy o ;: . m SE�15T� ;r N I y m _ SE 2ND ST !STIRLING RD Feet 2ND ST-. A r> s...;_ r---'= ,k 0 125 250 500 750 1,000 Legend CITY CENTER DISTRICT BOUNDARY(2015) MAXIMUM HEIGHT,BY RIGHT+INCENTIVE BONUS(SEE ARTICLE 305 FOR INCENTIVES) A-2 Stories,24 ft. B-2 Stories,24 ft.by right,and up to an additional 2 stories,24 ft.with incentives C-4 Stories,a599 ft.by right,and up to an additional 4 stories,as 9gft.with incentives D-7 Stories,80 ft.by right,and up to an additional 7 stories,7080 ft.with incentives E-Ranges from Zone A height to Zone E height persuant to Sec.304-20 7 ORDINANCE#2018-005 SECOND READING Sec. 303-60.-EDBB-MU, East Dania Beach Boulevard Mixed-Use District. (K) Building placement standards. Diagram NP= not Primary Secondary Key permitted Street I Street I 81-5'- W--10= Shopfront 10' BTL — 5'—10' i I with 0=--1 NP arcade 5'—15' I III Front Street Stoop 4'-8' 6'-10' Setback; i I Dooryard 8'-12' 8'-12' I Porch NP 15' BTL Balcony over 8'-12' 8'-12' porch Corner side "C" 8=-5'-10' i setback I Interior side "G" 0' min. 0' min. setback, 1st layer Interior side 0' min. 0' min. setback, 2nd layer Rear setback 0' min. I 8 ORDINANCE#2018-005 SECOND READING Sec. 303-80. -SFED-MU,South Federal Highway Corridor Mixed-Use District. (K) Building placement standards. Diagram NP= not Primary Secondary Key permitted Street Street 0-'--5'- O=--5'- Shopfront 10, 15' i i with 8=5'— NP arcade 10, Stoop 4'-8' 4'-8' [Dooryard 8'-12' 8'-12' "F" Street Porch NP 15' BTL i Balcony Over NP 15' BTL Porch j Parking 1 30 min 30 min i structure TIC11 Corner street 9 5' —15' setback C I Interior side "G" 0' min. 0' min. setback, 1st layer i Interior side "H" setback, 2nd 0' min. 0' min. layer I Rear setback 0' min. 0' min. 9 ORDINANCE#2018-005 SECOND READING Section 5. 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 6. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 7. 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 8. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on March 13, 2018. PASSED AND ADOPTED on second reading on April 10, 2018. ATTEST: -LOUI E TILSON C AMARA J�� S S C (� � T A ES CITY CLERK MAYOR APPROVED AS F AND CORRECTNESS: THO J. XNS CITY TORNE 10 ORDINANCE#2018-005 SECOND READING