HomeMy WebLinkAboutO-2018-010 DEC Zoning Text Amendment - Section 675 Second Reading ORDINANCE NO.2018-010
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, OF THE "LAND
DEVELOPMENT CODE," OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE 675, SECTION 675-20, TEMPORARY USES
AUTHORIZED: PROVIDING FOR THE USE OF SURPLUS PARKING FOR
TEMPORARY PARKING OF PASSENGER VEHICLES ON PROPERTIES
SUBJECT TO PARI-MUTUEL LICENSE; 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 a proposed change to the Code as shown
below; 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 newspaper 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 Chapter 28 "Land Development Code," Article 675, Section 675-
20(F), "Temporary Uses Authorized,"of the City Code is amended to read as follows:
ARTICLE 675-20.—TEMPORARY USES AUTHORIZED
(A) All temporary uses or special events must be located on developed property with an active
business tax receipt issued by the city, or upon city property as authorized in accordance
with this article, and must meet one of the following criteria:
(1) The temporary use or special event must benefit a business currently licensed and
occupying a permanent place of business in the city;
(2) The temporary use or special event must benefit a not-for-profit entity or charitable
organization;
(3) The temporary use or special event must be organized and operated solely for charitable
purposes; or
(4) The temporary use or special event must be a private gathering.
This section does not to apply to local shows or amusements held in theaters, auditoriums or
permanent buildings designed and permitted for assembly uses.
(B) In addition to a temporary use or special event that is required to be approved by the city
commission under subsection (A), the following temporary uses and special events shall be
approved by the city commission after staff review and recommendation, as provided in this
subsection:
(1) Events with more than fifty (50) persons in attendance, as estimated by the parks and
recreation director;
(2) Events that occur over a five-hour period or longer;
(3) Multi-day events;
(4) Events requiring street closures;
(5) Any event that requires an outside agency to review the proposed event;
(6) Any event involving the sales or use of fireworks or sparklers;
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(7) Temporary assembly uses such as commercial carnivals, fairs, exhibitions, craft shows,
concerts, promotional activities or similar events;
(8) Garage sales located on property within a nonresidential zoning district pursuant to
section 21-42; and
(9) Other uses of a similar and temporary nature where the period of use will not extend
beyond sixty(60) days during any calendar year.
The city commission may, in its initial resolution approving a temporary use, authorize the
subsequent administrative approval by the parks and recreation director of a future event or
use that recurs on a regular basis (e.g., approved events or uses recurring annually, or
approved events or uses recurring seasonally but no more than four (4) times per calendar
year) at specific locations except as provided in Section 675-20(G). Recurring events subject
to administrative approval shall be consistent with all terms and conditions provided in the
original resolution providing for temporary use approval.
(C) Notwithstanding the provisions of this section, the following temporary uses are authorized
in the commercial, industrial and CRA mixed-use districts, and on lots developed for
assembly and institutional uses in other zoning districts subject to approval of the parks and
recreation director after staff review and recommendation, as provided in this subsection.
The parks and recreation director may require city commission approval of any temporary
use or special event which is normally subject to administrative approval under this
subsection, if the parks and recreation director has determined that neighboring property
may be impacted by the proposed event.
(1) Temporary sales of a seasonal nature (e.g., holiday sales of Christmas trees, pumpkins
for Halloween), excluding fireworks and sparklers; and
(2) Events with less than fifty (50) persons in attendance, as estimated by the parks and
recreation director.
(D) The following temporary uses are permitted without further review, in connection with
development projects which are subject to city commission approval, unless the use was
previously reviewed during the site plan approval process, in which case administrative
approval is authorized.
(1) Offices for sale of real estate or for persons engaged in the development, within
temporary buildings or office trailers which are approved consistent with all building
permit submittal requirements for temporary structures.
(2) Construction materials storage and processing.
(3) Equipment storage.
(4) Model homes or sample apartments.
(5) Activities of religious, institutional, or governmental entity under construction,
reconstruction, renovation or enlargement.
(E) Garage (yard) sales are permitted subject to the limitation on frequency and license
requirement set forth in chapter 21, article 3 of the Code of Ordinances, and the signage
allowance in section 505-170(I). Garages sales located on property within a non-residential
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zoning district shall be subject to temporary use approval by the city commission in
accordance with the procedure provided in this section.
(F) Notwithstanding the above standards and regulations, properties which are zoned PMUD or
properties subject to a Florida pari-mutuel license and a development agreement with the
city, may exceed the maximum limit of four (4) times per calendar year for recurring events
or uses, subject to administrative review and approval by the parks and recreation director.
Applications for recurring temporary uses and special events exceeding four (4) times per
calendar year shall provide a schedule of events identifying the dates and times of all
proposed temporary uses and special events to be approved annually. The parks and
recreation director may impose reasonable conditions as provided for in section 675-40(c)
necessary to ensure the public health, safety, and general welfare. In addition to the
foregoing, properties subject to a Florida pari-mutuel license and a development agreement
with the city may also request approval for the temporary use of up to 300 parking spaces
constituting surplus parking located within the pari-mutuel facility for the parking of
licensed and operational passenger vehicles by a third party with an active business license
within the City subject to the following conditions:
a. All passenger vehicles must be parked in a designated parking space;
b. The parking of recreational vehicles panel truck or construction vehicles are not
permitted in any area designated for temporary parking pursuant to this subsection;
C. Any temporM parking approved pursuant to this subsection shall be located at
least 125' from the property line of any property zoned or used for residential uses
and not owned by the pari-mutuel.
Any such approval may be granted by the City Commission for up to eighteen (18) months.
The Director of Community Development has the discretion to approve further consecutive
one hundred eighty (180) days extensions for the temporary use upon further written
request. In no event shall more than two (22) consecutive extensions be granted for M
temporaa use qpproved by this subsection unless extended by the City Commission.
(G) All temporary uses and special events approved subject to the standards and requirements
set forth under this article are deemed to be a privilege and not a right, which may be
revoked by the city for failure to comply with any of the provisions of this article or any
other local, state or federal law governing the event. Approved temporary uses and special
events may also be revoked if such revocation is in the best interest of the city based on
emergency, disorder or other unforeseen conditions.
Section 3. 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.
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Section 4 That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Sections That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on May 22, 2018.
PASSED AND ADOPTED on second.reading on June 12, 2018.
ATTEST: �PN,A e�
THOMAS SCHNEIDER, CMC AMARA JAME
6
CITY CLERK MAYOR
��iSHEo z�
APPROVED AS O FO AND CORRECTNESS:
THO S. . NS
CITY AT RNE
IR
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