HomeMy WebLinkAboutO-2018-018 28th Text Amendment ORDINANCE NO. 2018-018
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 ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED,
PROHIBITED, SPECIAL EXCEPTION, USES AND CONDITIONS OF USE"
TO ADDRESS CONDITIONS OF USE FOR PARKING FACILITIES;
AMENDING ARTICLE 635 "SITE PLAN" TO ADDRESS SITE PLAN
MODIFICATION REGULATIONS; AMENDING ARTICLE 675
"TEMPORARY USE AND SPECIAL EVENT PERMIT" TO CREATE A
WAIVER PROCESS FOR THE NUMBER OF SPECIAL EVENTS PER YEAR;
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 115, entitled "Industrial Districts: Permitted, Prohibited,
Special Exception Uses, and Conditions of Use" of Chapter 28, "Land Development Code" of
the City Code of Ordinances 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.
P -Permitted
A -;Permitted accessory use only
#, # 1_�(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.
�_Irlot permitted
Legend
MARINE AND HEADY INDUSTRIAL USES
I
PEDD
Parking for vehicles and equipment 17, 76, 77 17, 74, 76 �35, 36 P 81
Sec. 115-50 Condition of Use Parking Facilities.
81. Notwithstandingthe he requirements of Article 265 and Article 320 to the contrary, a parking
facility which stores automobiles for customers, or provides attendants to receive, park, and
deliver the automobiles to customers may be permitted subject to the following requirements:
A. Parking, stacking, driveway aisle, drop-off and delivery areas, and stall dimensions shall be
shown on the circulation plan for the automobile storage parkin fg acility.
'Additions to the text are shown in underline. Deletions to the text are shown in s*Fek ,;.
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B. Stacking rows for vehicles mawpermitted. Stacking rows shall provide a minimum eight
and one-half(8 %2) feet in width and a maximum of 140 feet in depth.
C. Overnight storage of automobiles may be permitted in the designated automobile storage area.
Section 3. That Article 675. — "Temporary Use and Special Event Permits" of the
City of Dania Beach Land Development Code is amended to read as follows:
Article 675.—TEMPORARY USE AND SPECIAL EVENT PERMITS
Sec. 675-20. - Temporary uses authorized.
�Yx*
(F) Notwithstanding the above standards and regulations, Community Redevelopment
Agency (CRA) and City sponsored special events, along with 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.
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.
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.
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Section 7. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on August 28, 2018.
PASSED AND ADOPTED on second reading on September 25, 2018.
ATTEST:
THOMAS SCHNEIDER, CMC ' AN ARA J E
CITY CLERK ��,b�8 �M MAYOR
EO
APPROVED AS �C F RM AND CORRECTNESS:
THOMAS J. A SBRO
CITY ATTO EY
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