HomeMy WebLinkAboutO-2022-004 Text Amendment (TX-080-21) Relating to Update of Certain Provisions of Chapter 28 (LDC) executedORDINANCE NO. 2022-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO UPDATE OF CERTAIN PROVISIONS OF CHAPTER 28,
ENTITLED "LAND DEVELOPMENT CODE" (THE "LDC") BY: (1) AMENDING
SECTION 105-180, ENTITLED "E-1 DISTRICT;" TO ADD REFERENCE TO NEWLY
ENACTED STATE LEGISLATION AFFECTING THE ESTATE RESIDENTIAL USE
DISTRICTS; (2) BY AMENDING SECTION 110-20, ENTITLED "LIST OF
PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO CLARIFY
REGULATIONS FOR KENNELS AND VETERINARIANS; (3) BY AMENDING
SECTION 110-100, ENTITLED "HOTELS" TO PERMIT HOTEL SHUTTLE
VEHICLES TO PARK AT HOTELS; (4) BY AMENDING SECTION 110-320,
ENTITLED "MOBILE FOOD VENDING CONDITIONS OF USE" TO ADDRESS THE
SUNSET PROVISION; (5) BY AMENDING SECTION 110-190, ENTITLED "USES
SUBJECT TO MINIMUM SEPARATION DISTANCES" TO SPECIFY DOOR-TO-
DOOR DISTANCE SEPARATION MEASUREMENT; (6) BY AMENDING SECTION
215-50, ENTITLED "PERMITTED YARD ENCROACHMENTS IN THE E-1, RS-
18000, RS-12000, RS-8000, RS-6000, NBHD-RES, AND RD-8000 DISTRICTS;" (7) BY
AMENDING SECTION 215-60, ENTITLED "PERMITTED YARD
ENCROACHMENTS IN THE RM, RM-1 AND RM-2 DISTRICTS;" (8) BY
AMENDING SECTION 215-90, ENTITLED "ACCESSORY STRUCTURE
SETBACKS" TO CLARIFY AIR CONDITIONING UNIT SETBACKS FOR MOBILE
HOMES; (9) BY AMENDING SECTION 220-65, ENTITLED "ROOFTOP
PHOTOVOLTAIC SOLAR SYSTEMS; GO SOLAR- BROWARD ROOFTOP SOLAR
CHALLENGE PERMITTING PROCESS;" TO CLARIFY RULES FOR ROOFTOP
SOLAR PANELS; (10) BY AMENDING SECTION 275-90, ENTITLED "PERIMETER
BUFFER LANDSCAPE REQUIREMENTS FOR VEHICULAR USE AREAS (VUAS)"
TO CONFORM WALL HEIGHT REGULATIONS WITH OTHER SECTIONS OF THE
LAND DEVELOPMENT CODE; (11) BY AMENDING SECTION 303-40, ENTITLED
"CITY CENTER (CC) DISTRICT" TO CORRECT FIGURE 303-7 CITY CENTER
DISTRICT MAP; (12) BY AMENDING SECTION 610-20, ENTITLED "TABLE OF
PUBLIC NOTICE REQUIREMENTS" TO MODIFY THE REQUIREMENT FOR
POSTINGAT CITY HALL AND ON CITY WEBSITE FROM TEN (10) DAYS TO FIVE
(5) DAYS; (13) BY AMENDING SECTION 620-40, ENTITLED "LIST OF
AUTHORIZED ADMINISTRATIVE VARIANCES" TO CLARIFY PERMITTED
ADMINISTRATIVE VARIANCES; AND (14) BY AMENDING SECTION 675-20,
ENTITLED "TEMPORARY USES AUTHORIZED" TO CLARIFY RULES FOR
TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 28 of the City's Code of Ordinances, entitled the "Land Development
Code;" and
WHEREAS, the City desires to update certain provisions of the Land Development Code
due to changes in state law, and for other clarification purposes; and
WHEREAS, the City Commission wishes to amend existing sections of the Code of
Ordinances to ensure further clarity to the City's Code; and
WHEREAS, the City's Planning & Zoning Board reviewed the proposed Ordinance at the
November 17, 2021 meeting and unanimously recommended approval;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," is amended to read as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
PART 1. USE REGULATIONS
ARTICLE 105 — USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE
ZONING DISTRICTS
Sec. 105-180. - Detailed use regulations for the E-1 District.
The following uses of land that existed at the date of adoption of this code shall be considered
conforming uses, subject to the standards and requirements of this section:
(A) Agriculture, including the repair of vehicles and equipment necessary for
operation of a farm. The keeping, breeding and use of animals is limited to the
following:
(1) Breeding, raising or keeping of one (1) animal for each full ten
thousand (10,000) square feet of lot area. This restriction does not
apply to households.
(2) On lots exceeding four and one-half (4.5) acres in net area, one (1)
additional animal is permitted for each full ten thousand (10,000)
square feet of lot area, provided all animals are sheltered.
(3) There is no animal limit on lots exceeding ten (10) net acres in size.
2 ORDINANCE #2022-004
(4) The following are permitted on a lot containing a permanent dwelling:
a total of twenty-five (25) birds and fowl, provided they are kept in an
enclosure at least fifty (50) feet from any lot line; and wildlife pets as
perinitted and licensed by the state. Offspring under the normal weaning
age for the species are not included in calculating the number of animals.
(5) Agricultural Farm operations as governed by the Florida Right to Farm
Act, Chqpter 823.14 Florida Statutes are authorized for agricultural
farms.
ARTICLE 110. — USE REGULATIONS FOR COMMERCIAL AND MIXED USE
DISTRICTS
Sec. 110-20. List of permitted, special exception and prohibited uses.
MIXED -USE DISTRICTS
COMMERCIAL
ZONING
DISTRICTS
CRA FORM -BASED
DISTRICTS
Legend
P Permitted
P(g) - Permitted subject to
numbered footnote
A - Permitted accessory
use only
SE - Permitted special
exception use only
Not permitted
USES
U
4
Kennel (subject to Section
P
P
P
P
P
P
02
3 -20(A)(21).
Veterinarian, animal
`N'P-,4Z
P
P
P
P
P
'V-S
SE
P
P
hospital, (excluding
ri�l
I
toarding)
15
3 ORDINANCE #2022-004
Sec. 110-100. - Hotels.
(A) Hotels shall comply with the following conditions:
(4) A maximum of two (2) hotel owned and operated passenger vans per 100 rooms mgy be
parked and stored overnight on site, Drovided vehicles are not visible from a public street.
Sec. 110-190. Uses subject to minimum separation distances.
(C) The following locational and distancing requirements shall apply to pain management
clinics, retail pharmacies, and medical marijuana retail centers, as these uses are defined in section
725-30 of the code.
E3
(6) Measurements of distance between the above referenced uses shall be measured as the
linear distance from front door to front door.
Sec. 110-320. Mobile food vending conditions of use.
The following conditions are applicable to mobile food vending operation, unless associated
with a special event in accordance with article 675.
(A) Licensing prerequisites for operation. Mobile food vendors must have a City of Dania
Beach Business Tax Receipt and all required State of Florida and Broward County
licensing. No more than twenty (20) mobile food vendor business tax receipts shall be
issued by the City in any calendar year. Mobile food vendors permitted to operate in the
City shall only be licensed to operate for a fiscal year and must be renewed on an annual
basis.
IV, 61111
(GJB) On -Site Location.
Mobile food vendors shall:
(1) Be located only on private commercial or industrial property fronting on an arterial
corridor, with written approval from the property owner; and
4 ORDINANCE #2022-004
(2) Be separated at least two hundred (200) feet from any existing single family home or
any existing restaurant during the hours of operation of said nearby restaurant; and
(3) Be located a minimum of ten (10) feet from any right-of-way or sidewalk; and
(4) Not be located in handicapped parking spaces, fire lanes or loading zones; and
(5) Not block access to required parking for a simultaneously operating business on the
property according to the City's parking requirements*; and
(6) Not disrupt vehicular or pedestrian circulation for ingress or egress of the property; and
(7) Not located in any right-of-way; and
(8) No more than one (1) truck permitted on site at any time; and
(9) Area/site shall be clear/clean of any garbage, debris and litter and shall restore the
area/site to its original condition within thirty (30) minutes of the last sale.
(D�Q) Other prohibitions. Mobile food vendors shall be prohibited from:
(1) Operating more than four (4) hours per location; and
(2) Operating outside the hours between 9:00 a.m. - midnight; and
(3) Operating a freestanding electric generator; and
(4) Operating any type of amplified speaker system or playing music of any kind; and
(5) Selling or providing alcohol; and
(6) Using or distributing Styrofoam containers or cups; and
(7) Using or distributing plastic straws; and
(8) Utilizing free standing signage except for one (1) free standing menu sign; and
(9) Participating in a mobile food vendor event, without a special event approval in
accordance with article 675, "temporary use and special event permits;" and
(10) No food truck shall be permitted at the same site for more than thirty (30)
consecutive days.
ARTICLE 215.- SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE,
IMPERVIOUS AREA AND OPEN SPACE
Sec. 215-50. Permitted yard encroachments in the E-1, RS-18000, RS-12000, RS-8000, RS-
6000, NBHD-RES, and RD-8000 Districts.
(E) At -grade air conditioning units, heating units, pool pumps, and related equipment shall not be
located in a front yard or within seven (7) five (5) feet of a side yard lot line. Such devices,
and related equipment, may be located in a required rear yard provided a minimum five-foot
setback is provided to any property line. Existing air conditioning, heating, and pool
equipment that was installed with proper permits, but does not comply with the locational
requirements of this section, may be replaced at the same location. Variances from the
ORDINANCE #2022-004
required yard setbacks for at -grade air conditioning units shall be considered pursuant to
Article 620, "Administrative Variances."
(F) At -grade generators and fuel tanks may encroach into required yards as provided in section
2 8 5 -210 (Emergency generator regulations).
(G) Patios, pools, and screened pool enclosures may encroach into required interior side yards
and rear yards as provided in section 105-60 (Swimming pool regulations).
(H) Patio and decks sun canopies and gazebos not associated with a pool shall provide a minimum
of 5 foot setback from any internal and rear property line.
Sec. 215-60. Permitted yard encroachments in the RM, RM-1 and RM-2 districts.
(A) Cornices, chimneys, balconies and fire escapes may extend not more than four (4) feet from
a principal building into any required yard.
(B) Walkways, ramps or steps may extend into required side or rear yard no closer than two (2)
feet to adjacent property lines provided no part exceeds three (3) feet in height above the
grade.
(C) Allowable encroachments are permitted subject to the requirements for encroachments in the
RS and RD districts unless otherwise specified herein.
(D) Fences and walls pursuant to article 235.
(E) Landscape materials.
(F) Utility boxes.
(G) Other accessory structures, as provided in section 215-90 (accessory structure setbacks).
(H) Patio, deck, screen enclosures, sun canopies or gazebos not associated with a pool shall
provide a minimum of a five (5) feet setback from any interior or rear property line, and a
minimum of ten (10) feet from any street side property line.
(1) At -grade air conditioning units, heating units, pool pLIMs, and related equipment shall
provide a minimum of five (5) feet setback from gny interior side or rear lot line.
Sec. 215-90. Accessory structure setbacks.
Certain accessory structures are permitted to encroach into required yards, as follows. All
other accessory structures are subject to principal structure setbacks.
(B) Accessory buildings and structures in the RMHDistrict.
6 ORDINANCE #2022-004
(5) At grade air conditioner units, heating units or other mechanical equipment shall not
be located in a front yard and mU be located in the side or rear yard provided a
minimum five foot (5') setback from the side and rear propeM line is provided.
ARTICLE 220.- SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT
REGULATIONS INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS
Sec. 220-65. - Rooftop photovoltaic solar systems; Go SOLAR- Broward Rooftop Solar
Challenge permitting process.
(1) Intent. The provisions contained in this section are intended to promote the health, safety,
and general welfare of the citizens of the city by removing barriers to the installation of
alternative energy systems and to encourage the installation of rooftop photovoltaic solar
systems ptusuant to the U.S. Depaftmei4 of Ener-gy Rooftop Solar- Challenge Agr-eeme
Number- D19 EE0005701 ("Go SOLAR Broward Rooftep Solar- Challenge") on qualifying
buildings and stfuetwes. The provisions and exeeptiefis eefAained in this seetion are limite
to rooftop photeveltaie solar systems peffnit4ed thfettgh web based appheatiefis for Pf-e
appr-oved rooftop pheteveltaie solar- system installations tha4 utilize the "Go SOLAR"
R_ F e- 3offl—rd Rooftop Solar- Challenge pennitting pr-eeess.
(2) Definitions. For purposes of this section, the following terms shall have the meaning
prescribed in this section:
Roofline: The top edge of the roof which forms the top line of the building silhouette or,
for flat roofs with or without a parapet, the top of the roof.
Rooftop photovoltaic solar system: A system which uses one (1) or more photovoltaic
panels installed on the surface of a roof, parallel to a sloped roof or surface- or rack -mounted
on a flat roof, to convert sunlight into electricity.
(3) Permitted accessory equipment. Rooftop photovoltaic solar systems shall be deemed
permitted accessory equipment to residential and commercial conforming and nonconforming
buildings and structures in all zoning categories. Nothing contained in this chapter, including
design standards or guidelines included or referenced in this section, shall be deemed to
prohibit the installation of rooftop photovoltaic solar systems as accessory equipment to
conforming and nonconforming buildings, including buildings containing nonconforming
uses, when sueh systems are installed pth-suai4 to the Go SOLAR Br-eward Reeftep S
Challenge permitting pr-eeess.
7 ORDINANCE #2022-004
ARTICLE 275.- LANDSCAPING REQUIREMENTS
Sec. 275-90. - Perimeter buffer landscape requirements for vehicular use areas (VUAs).
(B)Multifamily residential developments.
(I)Required landscaping adjacent to public rights -of -way. On the site of a building or open
lot use providing a VUA, where such area will not be entirely screened visually by an
intervening building or structure from any abutting street right-of-way, there shall be provided
landscaping between such area and such abutting right-of-way or property as follows:
(a) A strip of land at least ten (10) feet in depth located between the abutting right-of-way
and the VUA shall be landscaped. The required landscaping shall include one (1) tree for each
thirty (30) linear feet or fraction thereof as measured along such abutting right-of-way.
(b) Such trees shall be located between the abutting right-of-way and VUA, arranged to
best enhance the property. In addition, a continuous hedge, wall or other durable landscape
barrier shall be placed at no closer to the VUA than five (5) feet and shall be maintained at
three (3) feet minimum height (after establishment) but not higher than five (5) six (6) feet
above the adjacent VUA and the abutting property.
(2)Required landscaping adjacent to abutting property. A strip of land a minimum of five (5)
feet in depth located between the abutting property and the vehicular use area shall be
landscaped. This paragraph does not apply in the following CRA form -based zoning districts:
CC, SFED-MU, EDBB-MU, NBHD-MU. The required landscaping shall include one (1) tree
for each forty (40) linear feet or fraction thereof as measured along said abutting property.
Such tree shall be located between the abutting property and the VUA, arranged to best
enhance the property. In addition, a continuous hedge, wall or other durable landscape barrier
shall be placed no closer to the VUA than five (5) feet and shall be maintained at three (3) feet
minimum height, but not higher than five (5)-_six 16)_feet above the adjacent VUA and the
abutting property, provided a wall is not required in the following CRA form -based zoning
districts: CC, SFED-NW, EDBB-MU, NBHD-MU.
If such durable landscape barrier is of nonliving material, one (1) shrub or vine shall be planted
along both sides of the nonliving material at the rate of one (1) plant for each four (4) feet
arranged to best enhance the property. The remainder of the required landscape area shall be
landscaped with turf, ground cover or other landscaping excluding pavement. This buffer shall
not be counted toward meeting the requirements of section 275-100 of this article.
ORDINANCE #2022-004
ARTICLE 303.- DISTRICT DEVELOPMENT STANDARDS
Sec. 303-40. City Center (CC) District.
(D) Generalizedpermitted uses (see article 302for specific uses and conditions of use).
Figure 303-7 City Center District Map
LEGEND
C ty Center
D:strict
�10Z
,0 City Center Core
Secondary
Streets
2MEM City Center
Primary Streets
Primary Streets:
• ED8BAVD88
• NE/SE 1 Ave
0 NW 3 Ave (N. of
Sw 1 St)
• NWISW 1 Ave
• S. Federal Hwy
• SW 1 Terr
NW 3RD PL
NW 3RD
TER
NW NDST
10
NW IST ST
S. , , —,
IT #s*
X
W DANIA BEr��`H�
W
2�
,�'iST ST
250 125 0 250 500
off
W,
DA IA BEACH
LU
NE 3RD ST,
NE 2ND PL
L)
U,
� NE 2ND ST
z
0 LU
z
0z
�NE 151 STO
U,
z
E DANIA BEACH
E
%T S T
U>'
Z
E IS
—STIR
G-R
N07ST
w
U,
ST I
9 ORDINANCE #2022-004
*the graphic above, showing bubbled areas, reflect properties that were previously rezoned to
CC and are therefore being added to this graphic so it may accurately reflect the entire CC
zoning district. This is for illustration purposed only and not for codification.
*the below graphic for insertion in the codified code.
LEGEND
C.ty Ceft,
D.bid
;-IZ4 Cdy Cerft, CM
""-r,
51reats
NW 3RD Pt
City Center
Primary Street,
Primary Streets:
NW 3RD TER
NF3RDST
• EDBBNVDBB
• NE(SE 1
NW 3 A� (K �f
NE 2ND PL
Swi St)
NVWSW I Av.
S. Federal H�y
SW 1 Ter,
RE 2ND IT
0 SW 2 Ave
NW 2ND IT
StIlIlrq R,
N" 9T IT
NVV 1ST S1
1Z
BLV7
W DAMA BEACH
E DANIA BEACH
SEPARKIT
Z
.1
IT IT z
SW 15T ST
SE !ST TER
255 125 0 250
5�� �SJ'� N D- IT� TIRLING RD—
F-
10 ORDINANCE #2022-004
ARTICLE 610.- PUBLIC HEARING NOTICES
See. 610-20. Table of public notice requirements.
APPLICATION
REQUIRED
TIMING OF
NEWSPAPER
MAIL
SIGN
Posting at
TYPE
PUBLIC
NOTICE
NOTICE
NOTICE
POSTING
City Hall
HEARINGS
(minimum
FORMAT (see
RADIUS
REQUIRED?
and on
number of
section 610-30
city
days prior to
for
Website
public hearing
requirements)
that notice
must be
given, unless
otherwise
specifically
provided
herein)
Administrative
City
14 days
Standard Ad
Within
No
4-0 5 days
Appeal
Commission
1,000 feet
Administrative
None
14 days prior
Not Required
Within
No
4-0 5 days
variance
to
1,000 feet
administrative
action
Code
Planning and
14 days
Standard Ad
Not
No
4-0 5 days
amendments to
Zoning
Required
Part I (Use
Board*
Regulations)
city
14 days
Large Ad
Not
No
4-0 5 days
Commission
Required
(first
readin2)
city
14 days
Large Ad
Not
No
4-0 5 days
Commission
Required
(second
reading)
Code
Planning and
Not Required
Not Required
Not
No
4-0 5 days
amendments to
Zoning
Required
other than Part I
Board*
city
Not Required
Not Required
Not
No
4-0 5 days
Commission
Required
(first
reading)
city
14 days
Standard Ad
Not
No
4-0 5 days
Commission
Required
(second
1
reading) I
11 ORDINANCE #2022-004
Comprehensive
Planning and
14 days
Standard Ad
Not
No
4-0 5 days
Plan text
Zoning
Required
amendments,
Board
other
city
14 days
Standard Ad
Not
No
4-0 5 days
Commission
Required
(first
reading)
city
14 days
Standard Ad
Not
No
4-0 5 days
Commission
Required
(second
reading)
Land use map
Planning and
14 days
Standard Ad
Within
Yes
4-0 5 days
amendment
Zoning
1,000 feet
(small scale per
Board*
F.S. §
163.3187(l)(c))
city
Not Required
Not Required
Not
No
4-0 5 days
Commission
Required
(first
reading)
city
14 days
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
(second
reading
adoption)
Land use map
Planning and
14 days
Large Ad
Within
Yes, for map
4-0 5 days
amendment,
Zoning
1,000 feet
amendments
other or change
Board*
for map
to list of
amendme
permitted uses
nts
in land use
category
city
14 days
Large Ad
Within
Yes, for map
4-0 5 days
Commission
1,000 feet
amendments
(first
for map
reading)
amendme
nts
city
14 days
Large Ad
Within
Yes, for map
4-0 5 days
Commission
1,000 feet
amendments
(second
for map
reading)
amendme
nts
Plat
city
14 days
1
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
12 ORDINANCE #2022-004
Site Plan
Director of
Within 5 days
Not Required
Within
Yes
None
Review, Small-
Community
following
1,000 feet
Scale
Developmen.
administrative
t review only
action
(no public
hearing)
Planning &
14 days
Standard Ad
Within
Yes
4-0 5 days
Zoning
1,000 feet
Board
Site Plan
City
14 days
Standard Ad
Within
Yes
4-0 5 days
Review, Large-
Commission
1,000 feet
Scale
Special
Planning &
14 days(2)
Standard Ad
Within
Yes (2)
4-0 5 days
Exception
Zoning
1,000
(2)
Board')
feet(2)
city
14 days
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
Rezoning
Planning and
14 days
Standard Ad
Within
Yes
4-0 5 days
initiated by the
Zoning
1,000 feet
City for fewer
Board*
than 10
contiguous
acres
city
14 days
Not Required
Within
Yes
470 5 days
Commission
1,000 feet
(first
reading)
city
14 days for
Standard Ad
Within
Yes
4-0 5 days
Commission
Ad 30 days
1,000 feet
(second
for mail
reading)
notice
Rezoning
Planning and
14 days
Standard Ad
Within
Yes**
4-0 5 days
initiated by the
Zoning
1,000 feet
City for 10 or
Board*
more
contiguous
acres
city
14 days
Large Ad
Within
Yes**
4-0 5 days
Commission
1,000 feet
(first
reading)
city
14 days
Large Ad
Within
Yes**
4-0 5 days
Commission
1,000 feet
(second
1
reading) I
13 ORDINANCE #2022-004
Rezoning
Planning and
14 days
Standard Ad
Within
Yes
4-0 5 days
initiated by the
Zoning
1,000 feet
property owner
Board*
city
14 days
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
(first
reading)
city
14 days
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
(second
reading)
Temporary use
City
14 days
Standard Ad
Not
No
4-0 5 days
Commission
Required
Vacation of
Planning and
14 days
Standard Ad
Properties
Yes
4,0 5 days
right-of-way
Zoning
fronting
Board
the street
segment
proposed
for
vacation
city
14 days
Standard Ad
Properties
Yes
4-0 5 days
Commission
fronting
the street
segment
proposed
for
vacation
Variance
Planning &
14 dayS(2)
Standard Ad (2)
Within
Yes (2)
4-0 5 days
Zoning
1,000
(2)
Board')
feet(2)
city
14 days
Standard Ad
Within
Yes
4-0 5 days
Commission
1,000 feet
Waiver of
Planning and
14 days
Standard Ad
Within
Yes
4-0 5 days
distance
Zoning
1,000 feet
separation for
Board
establishments
serving liquor
pursuant to sec.
110-50(E)
city
10 days
Standard Ad
Within
Yes
"Ldays
Commission
1
1,000 feet I
14 ORDINANCE #2022-004
ARTICLE 620.- ADMINISTRATIVE VARIANCES
Sec. 620-40. List of authorized administrative variances.
(A) The community development director is authorized to approve the following variances for
single-family homes (and as to two-family homes existing as of the date of adoption of this
article, the provisions of subparagraph (A)(1) and (A)(8) below shall also apply), without
review by the planning and zoning board and the city commission:
(1) Reduce required yards for a single-family home by a maximum of ten (10) percent, not
to exceed a maximum of a two (2) foot variance.
(2) Reduce of the required pervious area -for a single family home by a maximum of five (5)
ten (10) percent.
ARTICLE 675.- TEMPORARY USE AND SPECIAL EVENT PERMITS
Sec. 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; or
(2) The temporary use or special event must benefit a not -for -profit entity or charitable
organization; or
(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.
City sponsored events and any single day event asseeiated with a plaee of wor-ship loeated
,-A4-hin the Qty are exempt from this requirement.
(B) 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 five hundred (500) persons in attendance, as estimated by th
par-ks and r-eer-eation dir-eete ;
(2) Consecutive multi -day events; or
15 ORDINANCE #2022-004
The City Commission may, in its initial resolution approving a temporary use, authorize the
subsequent administrative approval by the City Manager or designee 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(F) and 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.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on December 14, 2021.
PASSED AND ADOPTED on second reading on January 11, 2022.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
APPROVED AS TO FORM AND
q�d'4u-Tl- �-
EVf 4. -BWTSIS
ClItYATTORNEY
TAMARA J
MAYOR
fft
ORDINANCE #2022-004