HomeMy WebLinkAboutO-2022-020 Text Amendment (TX-029-22) to the LDC Parts 2, 5, 6, and 8 (Mural-Parking Fee)ORDINANCE NO. 2022-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED "LAND
DEVELOPMENT CODE", (1) PART 2, ENTITLED "SITE DEVELOPMENT
REGULATIONS," ARTICLE 265, ENTITLED "OFF-STREET PARKING
REQUIREMENTS" AT 265-92, ENTITLED "PAYMENT IN -LIEU OF PROVIDING
OFF-STREET PARKING" IN ORDER TO MODIFY THE OFF -SITE PARKING
PAYMENT IN LIEU AMOUNT; (2) AMENDING PART 5, ENTITLED "SITE
DEVELOPMENT REGULATIONS," ARTICLE 505, ENTITLED "SIGNAGE
REGULATIONS", AT SECTIONS 505-20, ENTITLED DEFINITIONS, SECTION
505-40, ENTITLED "DETAILED SIGN STANDARDS", SECTION 505-50,
ENTITLED "PROHIBITED SIGNS" TO STRIKE SUPERGRAPHICS AND TO
ADD MURALS; SECTION 505-90, ENTITLED "SIGNAGE REGULATIONS FOR
THE MIXED -USE CRA FORM -BASED ZONING DISTRICTS (CC, SFED-MU,
EDBB-MU, GTWY-MU, NBHD-MU)", AND SECTION 505-170, ENTITLED
"NONCONFORMING SIGNS", TO REMOVE REFERENCE TO
SUPERGRAPHICS AND TO INCLUDE MURALS; AND (3) PART 6, ENTITLED
"DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," AT
ARTICLE 635, ENTITLED "SITE PLANS", AT SECTION 635-50, ENTITLED
"SITE PLAN DATA REQUIREMENTS", TO REQUIRE A SHADOW STUDY AS
PART OF THE SITE PLAN REVIEW PROCESS; AND (4) PART 8, ENTITLED
"TECHNICAL APPENDIX," ARTICLE 811, ENTITLED "PUBLIC ART
PROGRAM" AT SECTION 811-20, ENTITLED "DEFINITIONS", AND
CREATING SECTION 811-140, ENTITLED "MURAL GUIDELINES", TO
CREATE A DEFINITION FOR MURALS AND PROCEDURES FOR REVIEW OF
MURALS; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission adopted Section 265-92 of the Land Development
Code entitled "Payment in Lieu of Providing Off -Street Parking," to provide property owners and
applicants alternatives in development, to either provide parking on -site, or to pay into the City's
off-street parking program; and
WHEREAS, the cost of constructing a parking space has increased, and the payment
amount to the City's "in -lieu of parking fund" should be updated to keep up with the cost of
construction; and
WHEREAS, the City Commission is amending the LDC, at Part 5, entitled "Site
Development Regulations," Article 505, entitled "Signage Regulations" at 505-40, entitled
-Detailed sign standards" to remove reference to supergraphics and to provide a process for mural
review and
WHEREAS, the City Commission desires to amend the LDC, at Part 6, entitled
"Development Review Procedures And Requirements," at Article 635, entitled "Site Plans" to
require a shadow study as part of the site plan review process; and
WHEREAS, the City Commission desires to amend the LDC, at Part 8, entitled
"Technical Appendix," Article 811, entitled "Public Art Program" at Section 811-20, Entitled
"Definitions", and to create Section 811-140, entitled "Mural Guidelines", to create a definition
for murals and procedures for review of murals; and
WHEREAS, the proposed amendments are for the benefit of the City and ensure that the
City Code is up to date,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Chapter 28, entitled "Land Development Code", Part 2, entitled "Site
Development Regulations," Article 265, entitled "Off -Street Parking Requirements" at 265-92,
entitled "Payment In -Lieu Of Providing Off -Street Parking", is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
Article 265. Off -Street Parking Requirements
Sec. 265-92. Payment in -lieu of providing off-street parking.
(13) Fee calculation. The amount of the payment to the payment -in -lieu of parking program shall
be determined by the average cost to the city for the construction of a parking space in a
parking structure on a program wide basis which shall be determined by the director of
finance in coordination with the public services director and the community development
director. The average cost shall include actual costs and fees for land acquisition, design and
planning, legal, engineering, actual construction, and permit review and inspection.
(1) New construction and substantial improvements, payment in full required For new
construction and substantial improvements to existing construction as defined in section
725-30, the Payment -in -Lieu of Parking fee shall be satisfied by two (2) equal payments
of diree fifteen thousand, two hundred fifty dollars ($3-,2-50 15,000.00) per parking space.
The first payment shall be made to the community development department prior to
issuance of a building permit for a principal building or structure on the lot. The second
payment shall be made to the community development department prior to the issuance
2 ORDINANCE #2022-020
of the first certificate of occupancy for a principal building. New construction and
substantial improvements to existing construction shall not be qualified to participate in
a payment in lieu of parking fee agreement.
(2) Existing structures. When expansion, alteration or rehabilitation, or change of use of an
existing structure which does not meet the definition of a substantial improvement to
existing construction as defined in section 725-30 results in an increased parking
requirement as determined in accordance with the Code ("Existing Structures"), the in -
lieu fee shall be satisfied by one of the following methods:
(a) Two (2) equal payments of three fifteen thousand, two hundred fifty dollars
($3-,2-50 15,000.00) per parking space (certificate of use shall be substituted for
certificate of occupancy for change of building use triggering an increase in parking
requirements).
(b) For applicants qualified for participation in an in -lieu of parking fee agreement, the
applicant shall provide payment to the community development department in the
amount of at least fifty (50) percent of the amount required by subsection (2)(a) of
this section prior to issuance of a certificate of use or certificate of occupancy
(whichever occurs sooner), with the remaining balance paid in accordance with
subsection (C) of this section. The terms and conditions of the payment plan shall
be set forth in an in -lieu of parking fee agreement approved by the director of
community development and executed in accordance with section. However, in lieu
of continued payments, the in -lieu of parking fee agreement shall provide that a
one-time redemption payment may be made at any time for the ftill amount which
remains unpaid under the agreement plus accrued interest.
The amount of this fee shall be reviewed on a yearly basis by the Communily Development
Department and mgy be adjusted by the Cily Commission based on estimates of the actual cost of
providing parking spaces.
Section 2. That Chapter 28, entitled "Land Development Code", Part 5, entitled "Site
Development Regulations," Article 505, entitled "Signage Regulations" is amended as follows:
Chapter 28
Land Development Code
Part 5 - Site Development Regulations,
Article 505 - Signage Regulations
ORDINANCE #2022-020
See. 505-20. Definitions.
Supergraphies. sign. A design E)r- pieter-ial r-epresenta4ion paipAed oft a wall that eoi4ains ne
leAer-ing or- business idet4ifteation, logo, emble i used as a sign, as a sign- is defined —
in this seefien-.
Sec. 505-40. Detailed sign standards.
"LIM . ......
-11 W-1
MIMM III
.. .......... ... . ........
. .................. . . ........
Sec. 505-50. Prohibited signs.
Any sign not specifically permitted, exempted, or authorized by this article is prohibited. It
shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign
described as follows:
4 ORDINANCE #2022-020
(R) Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any
portion of any sidewalk or street, or on any permanent building or permanent structure,
excluding super-gr-aphi murals on building walls, and high -quality hand painted signs
with dimensions as described in Section 505-90(V)(8).
Sec. 505-90. Signage regulations for the mixed -use CRA form -based zoning districts (CC,
SFED-MU, EDBB-MU, GTWY-MU, NBHD-MU).
(B) Sign types allowed. For each district and street type, the following types of signs are
permitted:
V = permitted
C = conditionally permitted (i.e., only for certain uses, locations or other qualifications
pursuant to the regulations referenced in the left-hand column).
X = not permitted
Sign Type
CC District
SFED-MU, EDBB-MU
GTWY-MU Districts
NBHD-
MU
District
Street fronta),e
to which sign
is oriented
Primary
Streets
Secondary
Streets
Primary
Streets
Secondary
Streets
All streets
Permanent signs
Awning, canopy
Directional
Directory
Gallery edge
Incidental information
Marquee [see subsection
505-130(D)]
C
C
C
X
X
Menu, drive-thru
Permitted if not oriented toward, or screened from, a street
Menu, other
Monument [see
subsection 505-90(P- 9)]
C
X
C
X
X
1
Private wayfinding [see
subsection 505-90(K)]
Permitted, but shall not be oriented to any street
I
X
5 ORDINANCE #2022-020
Sec. 505-170. Nonconforming signs.
(B) Signs made nonconforming by previous ordinances. The following provisions from prior
ordinances that replaced or amended the city's sign regulations are recited below for
informational purposes.
(1) Ordinance No. 25-98 declared the following types of signs to be nonconforming, and
required their removal no later than five (5) years from the date of adoption of the
ordinance:
(a) All roof signs, except integral.
(b) All pole signs, except those allowed in section 5 05 -13 0 (special signage regulations
by location or type of use) and section 315-50 (signage for hotel overlay district) or
any pole sign determined by the community development director, based on a
reasonable analysis of the available information, to have been built prior to
annexation into the city, which is located within a county -owned right-of-way.
(c) Painted wall signs, except those meeting the requirements of Section 505-90(V)(8h
and other than super-graphies signs murals.
Section 3. That Chapter 28, entitled "Land Development Code", Part 6, entitled
"Development Review Procedures and Requirements," at Article 635, entitled "Site Plans" is
amended as follows:
Chapter 28
Land Development Code
Part 6 - Development Review Procedures and Requirements
Article 635 - Site Plans
Section 635-50 Site plan data requirements
(EE) Shadow study for all buildings 5-stories or taller.
6 ORDINANCE #2022-020
Section 4. That Chapter 28, entitled "Land Development Code", Part 8, entitled
"Technical Appendix," Article 811, entitled "Public Art Program" at Section 811-20 Definitions,
is amended as follows:
Section 811-20 Definitions.
MyraL A mural is gny large-scale artwork, painting, mosaic, fresco, or other permane
artwork attached to or gpplied directly to the exterior of a structure. A mural is a pictorial
representation or design intended to reflect a thematic or artistic expression. Murals on public or
private propegy fall under the governance of the Public Art Program Mural Guidelines and require
gpproval if they are (a) within public view via public right of wqy, or (b) finided in whole or in
part with public monies.
Section 811-140. Mural guidelines.
(A) Overview. The Cily of Dania Beach recognizes that a s!jperior and diverse aesthetic character
of the cily's built environment is vital to the qualfty of the life of its residents, and to the
economic success of its businesses. The Cijy of Dania Beach Public Art Program is intended
to encourage a stimulating cultural environment that reflects and enhances the Cily's heritage,
diversi1y, and character through public artworks integrated in the architecture, infrastructure,
and landscqpe. Murals are an important part of the program. Mural art is one of the most
accessible forms of art — providing opportunily for participation by youth, community
members, and businesses. Murals serve as a visitor attraction and can result in a reduction of
graffiti and vandalism and crime.
a. Murals are part of the Cily of Dania Beach Public Art Program and are subject to th
following guidelines. Murals located in Dania Beach are an investment in the Public
Art Plan and should contribute to the overarching -goals of the plan.
b. Murals in Dania Beach are govern��d �b-.
i. location (on public or private propeqy)
ii. the use of public or private monies, an
iii. their duration status (temporga or permanent).
Ternporga murals are intended to be installed and on view for 6 months or less.
Murals intended for installation and on view for more than six months are considered
ORDINANCE #2022-020
pennanent murals. All murals are subject to these mural guidelines.
c. Murals on private propeM outside of public view via public right of wqy and funded
with private dollars do not need qpproval from the PAAB but are subject to all Qjjy
codes and other ordinances.
d. These guidelines provide Mone who wishes to install a mural with a reasonable
process safeguarding both the interests of the communily and those of the individual
propegy owner. The guidelines are designed to assure that murals within Dania Beach
enhance the gappearance of the area without confusing drivers and/or pedestrians or
causing M other negative ilnpact on public safely or welfare.
e. Applications for new outdoor murals are reviewed by the Public Art Advisory Board
(PAAB), with final qpproval by Cijy Commission.
f. Murals qpproved through this program are exempt from the Cily sign code.
(B) Eligibilily. AU individual or organization wishing to create an outdoor mural in the Cijy o
Dania Beach must gpply forqpproval through the Dania Beach Public Art Prograin, regardless
of the ftmding source. Applicants m!qy be:
a. An individual artist or gropp of artists
b. A business or building owner
c. A not -for -profit organization, such as a neighborhood association, educational or
communi1y organization. Federal tax-exempt status 501(c)(3) is not required.
(C) Mural Process.
1) Applicant meets with Cily Public Art staff/consultant for an initial review of the propose
location, imagery, artist's qualifications, funding sources and building owner's gpproval.
2) Applicant submits a fully complete Mural Program A2plication.
3) Cily Public Art staff/consultant confirms that there are no outstanding issues with Cily of
Dania Beach codes.
4) Staff presents the proposal to the PAAB for review.
5) The Board recommendation is gpproved, the PAAB recommends gpproval to Cily Council.
6) If qpproved by Council, staff/consultant sends the artist an official letter of gpproval and a
Notice to Proceed.
(D) General Design Approval Guidelines. The PAAB reviews mural proposals to ensure aesthetic
qualijy, design integrily, and to determine that the work is qppropriate to the setting,
architecture, and social context. For review, the PAAB considers the following criteria for
murals:
1) Sgpport of mural by communily.
2) Strength of the artist's concept and demonstrated technical skills and expertise,
3) Character, culture, and history of the area, with an emphasis on relevance to the specific
area;
ORDINANCE #2022-020
4) Appropriateness of theme and other relationships to the surrounding environment,
5) Readabilily and gppropriateness of scale;
6) Placement on building, including the consideration of door and window coverings;
7) Budget and timeline;
8) Confirmation of original work of the artist, with no violation of copyrights;
9) Designation of propeqy (no installation allowed on designated historic propelly);
10) Appropriateness of content (e.g., no signage, names, logos, or subject matter that could
be construed as advertising or as overtly political, religious, or sexual in nature). AM
design considered indecent or illicit by conimunijy standards will be denied.
11) Suitabilfty of the work for outdoor displgy, including its maintenance and conservation
requirements.
(E) Mural Requirements. Every qpplicant must demonstrate that thgy will:
1) Create a mural that is visually accessible to the public.
2) Use materials that ensure mural longevily and durabilijy.
3) Paint on a surface and structure that is stable and reqdy for painting.
4) Meet standards of artistic qualily and suitabilily for the neighborhood.
5) Have a plan for painting the mural that ensures the safejy of painters and the public, and
that does not impede public access. If the safely plan submitted is not being adhered t-0-1
and the Cily has identified a safejy risk to either the artist and/or the public, the Cily has
the right to stop work until such time that sgfety issues or concems are addressed by the
artist.
6) Use an qpproved graffiti/T-JV coating on the finished mural that provides resistance to
vandalism and weather.
7) Provide a col2y of a signed agreement in which the building owner commits to keo the
mural unchanged and in good condition for a minimum of 5 years for permanent murals.
(F) Mural Maintenance. The mural may be maintained for a period of five years. The Cijy o
Dania Beach does not take responsibilfty for maintenance, repair, or preservation of murals
unless placed on Cily propegy. A mural placed on a private structure becomes the
responsibilily of the building/propegy owner. As such, the propelly owner is responsible for
periodically monitoring the condition of the mural, facilitating its care and maintenance, an
assuming gny costs assoeiated with maintenance, repair, and/or removal. Murals not
maintained properly mgy be subject to code coinpliance penalties and removal. If a mural
needs repair, the best practice is for the propeKly owner to contact the artist to make the repairs.
ORDINANCE #2022-020
(G) Alteration or removal of murals must be qpproved by the PAAB. Alteration or removal of the
mural within the first five years of the date of coMpletion is permitted under the following
circumstances:
a. The buildiniz on which the mural is located is sold.
b. The building or propeLty is substantially remodeled or altered in a wgy that
precludes continuance of the mural.
c. The mural falls into disrepair.
(H) Revisions or qppeal. In the case that a mural is not gpproved, Public Art staff/consultant will
communicate to the gpplicant in writing the reasons for the decision of the PAAB. The
qpplicant is encouraged to address the concerns of the committee and submit a revised
proposal. At the conclusion of the 5-year Agreement, Applicant and the Dania Beach Public
Art stafficonsultant review the condition of the mural and file an extended agreement or
make plans to remove the mural.
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 part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 7. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on May 10, 2022.
PASSED AND ADOPTED on seconAlgLding on May 24, 2022.
ATTEST:
OW
THOMAS SCHNEIDER, CMC TAMARA
CITY CLERK MAYOR
ISH
APPROVED AS TO FORM AND CORRECTNESS:
EVX,A. BOUfSI-S
CITY ATTORNEY
10 ORDINANCE #2022-020