HomeMy WebLinkAboutO-2023-006 Text Amendment (TX-096-22) Relating to Update of Certain Provisions of Chapter 28 (LDC) ORDINANCE NO. 2023-QQC)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, RELATING TO UPDATING CERTAIN PROVISIONS OF CHAPTER 28,
ENTITLED "LAND DEVELOPMENT CODE" (THE "LDC") BY: (1) AMENDING
SECTION 105-90 ENTITLED "OUTDOOR STORAGE CONTAINERS," TO UPDATE
THE LIST OF RESTRICTIONS AND ALLOWANCES RELATED TO WHEN AND
WHERE TEMPORARY PORTABLE CONTAINERS ARE PERMITTED; (2)
AMENDING SECTION 110-200 ENTITLED "OUTDOOR RESTAURANT SEATING"
AMEND THE DISTANCE SEPARATION FOR OUTDOOR SEATING WITHIN THE
BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AGENCY ("CRA"); (3)
AMENDING SECTION 110-320 ENTITLED "MOBILE FOOD VENDING
CONDITIONS OF USE" TO UPDATE FOOD TRUCK VENDOR REGULATIONS TO
BE CONSISTENT WITH SECTION 110-20; (4) AMENDING SECTION 115-50
ENTITLED "CONDITIONS OF USE" TO BE CONSISTENT WITH THE ABOVE
EDITS TO MOBILE FOOD VENDING USE; (5) AMENDING SECTION 220-65
CURRENTLY ENTITLED "ROOFTOP PHOTOVOLTAIC SOLAR SYSTEMS; GO
SOLAR- BROWARD ROOFTOP SOLAR CHALLENGE PERMITTING PROCESS;"
TO REMOVE THE REFERENCE TO "GO SOLAR"; (6) AMENDING SECTION 265-
40 ENTITLED "INTERPRETATION OF OFF-STREET PARKING REQUIREMENTS"
TO ALLOW PRIVATE GARAGES TO BE COUNTED TOWARDS REGIONAL
PARKING; (7) AMENDING SECTION 265-91 ENTITLED, "PARKING
REDUCTIONS FOR TRANSPORTATION DEMAND MANAGEMENT STRATEGY
IMPLEMENTATION WITHIN THE CRA FORM-BASED DISTRICT(CC, EDBB-MU,
SFED-MU, GTWY-MU, NBHD-M, NBHD-RES)", RELATING TO THE ABILITY TO
APPLY TO EARN A THREE PERCENT (3%) PARKING REDUCTION PER
STRATEGY; (8)AMENDING SECTION 302-10 ENTITLED "PERMITTED, SPECIAL
EXCEPTION AND PROHIBITED USES"TO BE CONSISTENT WITH SECTION 110-
20 OF THE LDC; (9) AMENDING SECTION 635-20 ENTITLED "APPLICABILITY"
FOR ADDITIONAL REQUIREMENTS RELATED TO SMALL SCALE SITE
PLANS; (10)AMENDING SECTION 710-20 ENTITLED "DEFINITIONS AND TERM
USAGE"TO MODIFY DEFINITIONS TO BE CONSISTENT WIT CHAPTER 12;AND
(11)AMENDING SECTION 811-70 ENTITLED BUILDING PERMITS; TO CORRECT
COMMUNITY DEVELOPMENT NAME; PROVIDING FOR CODIFICATION ;
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
March 15, 2023 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," at Section 105-90 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. 105-90. Outdoor storage containers.
(A) Purpose and intent. It is the purpose and intent of this section to restrict the use of outdoor
storage containers in order to promote and protect the appearance of the city and the public
health, safety and welfare.
(B) Definitions. For the purpose of this section, the following terms are defined:
(1) Containers, traditionally made from steel and having close-top, hinged doors may be
used as modular building elements forming the structure of a building.
(4-2) Storage container means any steel cargo container or any similar container designed and
intended for transporting materials on ships, trains, or trucks from one (1) location to
another.
(23) Temporary portable container means any container or receptacle, other than a storage
container as defined above, designed for and used outdoors for the temporary portable
storage of personal property. Temporary portable containers are ordinarily rented or
leased to owners or occupants of real property and are placed and removed by means of
a truck or other motor vehicle. Temporary portable containers do not have wheels or any
other device or mechanism that raises any part of it above the surface upon which it is
located.
af ll��ows.s
(1) A temporary portable container is permitted upon a let ecc
2 ORDINANCE#2023=a0
(2) A temporary portable container is permitted upon a lot
dwelling-er-t9wnli6me. The co:tai er must b i ea ntirel< with; a d
+�« iva aaiuo�vv Yiuv
t•ip �
(3) Temporary portable -containers are permitted on any lot
specifically permitted by the applicable zoning district, in which cases subsections (E)
through (G_) shall t a ply
Diu
(DC) Permitted storage containers. A storage container is permitted only as follows:
(1) Storage containers are permitted within zoning districts that specifically permit outdoor
storage, in which cases subsections (E)through(G) shall not apply.
(2) Municipal or other governmental agencies may place a storage container upon a public
property within any zoning district, in which cases subsections (E)through(G) shall not
apply.
(3) Not-for-profit charitable organizations, as well as authorized vendors, affiliates, or
agencies of such organizations may place a storage container upon a lot as an accessory
structure and use to a principal building and use, within a commercial or industrial
zoning district, subject to subsections (E) through (G), including the requirement of
subsection(F)(3)that a storage container to be located in the community redevelopment
area shall require approval as a special exception use in accordance with article 630.
(D) Permitted temporary portable containers.
(1) A temporary portable container is permitted only as follows:
(a) A temporary portable container is permitted upon a lot occupied by a single-family or
two-family dwelling. The container shall only be located on a front yard driveway.
(b) A temporary portable container is permitted upon a lot occupied by a multiple-family
dwelling or townhome. The container must be placed entirely within a single paved
and striped parking space.
(c) Temporary portable containers are permitted on any lot where outdoor storage is
specifically permitted by the applicable zoning district, in which cases subsections (E)
shall not apply.
(E 2) Temporary portable container permits.
(-1-a) A permit is required prior to placement of a temporary portable container upon any
property. Permit application requirements shall be established administratively. The
city commission may establish and update temporary portable container permit fees
by resolution from time to time. The temporary portable container permit fee shall be
waived for applications submitted during the sixty-day period following a named
hurricane event which significantly impacts the city, as determined by the city
manager. The container shall not be placed upon the property until the application is
approved.
(2b)A copy of the permit shall be conspicuously displayed on the container,within a clear
weatherproof pouch.
3 ORDINANCE#2023-OCAQ
(3c) A permit to place a temporary portable container on a lot shall be issued not more than
one (1) time per calendar year, and shall not be valid for more than thirty (30)
consecutive days.
(4d)The city commission may consider a waiver to these requirements upon demonstration
of a hardship that is not self-created and which the commission determines will not be
detrimental to the adjacent community. An application for waiver must be authorized
by the property owner, and shall be accompanied by a nonrefundable waiver
application fee to be established by resolution of the city commission from time to
time.
(se) Despite the time limitations provided in this section,all temporary portable containers
must be removed immediately from all lots where placed upon the issuance of a
hurricane warning by the National Hurricane Center of the National Oceanic and
Atmospheric Administration National Weather Service. The obligation to cause
removal of the container rests with the owner of the site who shall sign a notarized
statement to that effect, which must be submitted as part of all applications for
temporary portable containers.
(FE)Maximum size and number of storage containers and temporary portable containers.
(1) No temporary portable container shall exceed one hundred thirty(130)sixty(160)square
feet and ten(10) feet in height.
(2) No more than one (1) temporary portable container may be placed upon a lot, except as
provided in [subsection] (6), below.
(3) No storage container shall be allowed in the community redevelopment area unless
approved as a special exception use in accordance with article 630.Additional conditions
may be established by the city commission when granting a special exception under this
subsection, based on site considerations and potentially resulting impacts upon the
surrounding area or zoning district where the subject property is located, in accordance
with section 630-50(B).
half(8.5) feet in height, exccpt as provided in [subsection] (6), below
(64) The director of community development may authorize two (2) or more temporary
portable containers on industrial zoned lots, and may authorize two (2) or more storage
containers that may exceed the size limitation in [subsection] (4) above, upon making
all of the following determinations:
(a) That the lot affords sufficient space for placement of the container;
(b) That adequate parking and building access remain available on the site; and
(c) That the adjacent property owner(s) do not have an objection to additional storage
containers, as evidenced by written letter of no objection to the city.
(GF)Storage and Temporary Container restrictions. This subsection applies to both storage
containers and temporary portable containers unless otherwise provided.
4 ORDINANCE#2023-00,0
(1) All storage containers shall provide the same setbacks as a principal building. Temporary
portable containers shall be set back a minimum of five (5) feet from all street lines and
property lines. Both storage containers and temporary portable containers shall not
obstruct access to any building.
(2) Display of signage on any container is prohibited, other than the name, address and
telephone number of the container owner, permanently affixed to the container.
(3) Containers shall be kept in good condition, well-painted, free from rust, discoloration,
graffiti, holes and cracks.
(4)
"toring or rem stored item.. f om the ntainer If the container is capable of self-
locking 111 U{.Vllll Vl 1V111V'�
locking upon being closed, it must provide an emergency release device inside the
entrance, visible in the dark, useable by a small child, in case anyone were to be
accidentally locked inside.
(5) The container shall not be used to store goods that are, or appear to be, destined for
wholesale or retail purposes.
(6) No hazardous substance of any type whatsoever shall be stored within any container.
(7) Only personal property owned by the site owner or occupant shall be stored in a
temporary portable container.
(8) No owner or occupant of a site shall be issued a permit if any outstanding city liens are
unpaid or code enforcement proceedings are pending pertaining to the site,the owner or
the occupant.
(9) A representative of the city shall be afforded immediate access upon request to determine
if the contents of the container comply with the restrictions of this section.
(10) Storage containers shall be anchored pursuant to section 161.21, "General Design
Requirements" of the building code.
(11) Storage containers shall be completely screened on all sides by one (1) or more of the
following, as approved by the director:
(a) Walls or opaque fences with a minimum height of six (6) feet;
(b) Hedges with a minimum height of five (5) feet; or
(c) Any combination of walls, opaque fences, or hedges.
(G)Containers. A container may be utilized as may be used as modular building elements forming
the structure of a building for any permitted use provided the following criteria are met:
(1)applicant must apply for and obtain Special Exception approval, as is required under the
criteria contained in Article 630 of this Land Development Code.
(2) applicant must apply for and obtain Site Plan approval, as is required under the criteria
contained in Article 635 of this Land Development Code.
Section 2. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 110-200 is amended to read as follows:
5 ORDINANCE#2023-Oar)
PART 1 —USE REGULATIONS
ARTICLE 110. - USE REGULATIONS FOR COMMERCIAL AND MIXED-USE
DISTRICTS
Sec. 110-200. Outdoor restaurant seating.
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(500') separate separation between outdoor seating in a
commercial zoning district and any residentially use-or zoned land is required. Within
the CRA form-based zoning districts outdoor dining shall be separated a minimum
distance of one hundred(100) feet from any residentially zoned property.
(D) Music shall not be permitted to be performed or amplified within outdoor seating areas.
(E) Outdoor seating requires its own certificate of use.
Section 3. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 110-320 is amended to read as follows:
PART 1 —USE REGULATIONS
ARTICLE 110. - USE REGULATIONS FOR COMMERCIAL AND MIXED-USE
DISTRICTS
* *
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)
Beach- iz Rcccipt and all rcquircd State of Florida and Broward County
licensine Nn more than J � - vit(20) b f a do b h 11 b
p ra
6 ORDINANCE#2023-009
basis-.Reserved.
(B) 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
(2) Be separated at least two hundred (200) feet from any existing single-family horn;
residentially zoned property (excluding mixed-use zoning), 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.
(C) 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) No food truck shall be permitted to
be stored on-site while not in use; 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)
eenseentive eight(8) days per month.
* *
Section 4. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 115-50 is amended to read as follows:
7 ORDINANCE#2023QXQ
PART I-USE REGULATIONS
ARTICLE 115. - INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES,AND CONDITIONS OF USE
Sec. 115-50. Conditions of use.
1 Conditions of use: applicant must demonstrate that the use will not cause or result in
dissemination of dust, smoke, corrosion, noxious fumes, odor, noise, vibration, harsh
glare or visual hazard to vehicle or air traffic beyond the building within which the use
is conducted, and that the use will not pose a risk of chemical fire, explosion, radiation,
discharge of waste materials, or other environmental hazards.
Applies t.. th »owinn, , a.is • t
a. Research, product development-and testing,engineering development and marketing
development: IROM, IROC, IRO, IROM AA.
b. Light manufacturing: IROM, IROC, IRO, IROM AA.
c. Assembly of products from pre manufactured parts: IROM, IROC, IRO, IROM AA.
d. Light industrial uscs not itemized: IROM, IROC, IRO, IROM AA.
2 Conditions of use: the architectural treatment of the building(s) shall resemble that of an
office building, particularly in those portions of the building(s) facing public rights-of-
way and adjoining residential areas. This may include use of substantial construction
materials (ex: stucco or stone over concrete for exterior building walls),pedestrian scale
architectural treatment, significant use of window and door glass, landscaping directly
adjacent to a building, and overhead doors and loading activities to be located to the rear
of buildings, within interior areas between buildings, or within interior side yards.
1iyYc��� ies to .t o low ing nd d t,•
development: IROM, IROC, IROM AA.
b. Light manufacturing: IROM, IROC, IROM AA.
d. Light industrial uses not itemized: IROM, IROC, IROM AA.
c. Warehousing facilities: IROM, MA 1, IROM AA.
f. Self storage facility: IRO, IG, MA 1, IROM AA.
g. Combined office distribution warehouse facilities: MA 1, IROM AA.
h. Combined office showroom warehouse fames ROM 1- OC, IG,I OM " "
i. Distribution facility: IROM, IROC, IROM AA.
7
IROM AA.
k. Contractor shops, repair or service shops, including air conditioning and other
appliances,-fnafine,, elect or canyas÷irD ¢,-I OC-34ROM AA.
1 Sale eedisff-orre.air of-automobiles,-motorcycles or Fucks: I OcOGAROM
AA.
8 ORDINANCE#2023-MO
3 Conditions of retail uses not itemized: in the MA-1 District, includes, but is not limited
to, the following:
a. Carpet and flooring sales.
b. Furniture store.
c. Glass and mirror shop.
d. Lawn and garden shop.
e. Swimming pool supplies and sales.
f. Hardware, home improvement, hobby or craft store.
4 Conditions of use: the office floor area, showroom floor area, or any combination of
office and showroom floor area, shall comprise at least ten(10)percent of the total gross
floor area of the building(s).All office area must be fully enclosed air-conditioned space.
�.Yyc
�„pli,. + fh lowin„, a f t
IROM AA districts.
b. Combined office showroom warehouse facilities: IROM, IROM AA districts. In
as a special exception use.
c. Warehousing in the IROM and IROM AA.
d. Self storage in the IROM AA District.
ent combined office and showroom may be
permitted b y . a ption p rt rt i 63n
t.va.aia«.... ..) .��vvawa vn o
5 Conditions of use: minimum of ten(10)percent of the gross floor area of the building(s)
must be devoted to office use.
facility, distribution facility, and warchet se in the MA 1 District. Less than ten (10)
percent office may be permitted as a special exception use, pursuant to article 630.
6 Conditions of use: subject to the provisions of the Future Land Use Element of the
Comprehensive Plan pertaining to commercial uses in the Industrial and Employment
Center future land use categories.
7 Conditions of use: excludes self-storage warehouses.
8 Conditions of use: not to exceed ninety (90) percent of the gross floor area of a light
industrial or office building.
Applies t., th owing, and districts:
a. Warehousing facilities: IRO.
9 Conditions of use: retail is permitted as an accessory use to a marina, office, industrial,
or office-showroom-warehouse use. Retail use shall not exceed twenty (20) percent of
the gross floor area of the office, industrial or office-showroom-warehouse building.
9 ORDINANCE#2023-OW
Retail permitted as a principal use within shopping centers is regulated by condition
number 24 of this section.
pli�,. s to t ell,win,.. n l i . t
<iyye c ,
Retailnot4temizce k-IIR O IR d ID Of OA d A A
n�� ��Z
10 Conditions of use: excludes the display or sale of preowned or used furniture.
[11-14 are reserved]
Applies to the following uses and districts:
Furniture store: MA-1
15 Conditions of use: permitted accessory to an office building only.
Applies t., th e r l,wing, 1 1i t t
Retail, et itemized: In O
Pharmacy or drug store: IRO
Personal service establishments: IRO
16 Conditions of use: permitted only must be conducted within a completely enclosed
building with two hundred fifty (250) feet of minimum separation from any property
with a "residential" land use plan designation.
� . t.. t� r» alet t
�YYcea J cv c/cc.fvc--- "{T{^g=G�jZ�"�!-aj^lC�'etTTITLG'Cf
Light manufacturing: IC
Light ind„strial of ite d: I(''
> > e
Manuf a using and p" "t f boater et a er t.. h,ndrea (200) f + 1 the I!`
17 Conditions of use: must be located at least five hundred (500) feet from any property
with a "residential" land use plan designation.
ppli .. tet�„ slow as t t
�.1..`..�..... ... o.w Jvr�v..�./S Vo✓VU wILK wLJ4/bVCT.
Fish smoking, curing and canning: IROC
O„tdoor storage/park;« : IROM A A
v ucuvva Jc
f
IROM AA
IROM AA
Indoor ken nelcl,veterinary cli is OC
]ode �'f c+ repair and p inting f b. + + t, L. ,a ,7 (200) f
„a� Y Y b v uuaiw�u�zvv��ccc-zri
length: IROM, IROC, IROM AA
10 ORDINANCE#2023-COCQ
ilitie . TD O IR O� ICV'I�diTAaA,=
ei'te}�7�r""LTf�QGII1�iC'TiCLTil'CIG:TZI'�'�11�TPcllt,�I
Elee r_ca' s, bs�atens ' t a ' trical facilities: IROM,IROC,IRO,IG,IROM
Vul J�,ivocui
AA
7 7 J
vessels: IROM AA
Sales, rental, leasing, display (Indeer/outdoor) or repair of fully assembled
,Storage—contain zs required—few-stoiage of sm�y- rElve$tyuraa--material, vessel
supplies,Barge-and stmetion terials: ID O r A A
Outdoor sales, rcntal or repair of new or late model construction equipment:
IROM AA
rvwv va UKaVU, iV UU L15,1V111.{Al, JVl , w
or trucks: IROM AA
18 Conditions of use: must be located at least seven hundred fifty (750) feet from any
property with a "residential" land use plan designation.
p l i 11 g usesanc ci istricrr.'
vrcviirr'•rr
Indoor piste-and-r fle rangesTRAE
19 Conditions of use: must be conducted within either a completely enclosed building or an
interior side yard or rear yard that is located at least two hundred fifty (250) feet from
any property with a "residential" land use plan designation.
20 Conditions of use: shall not be located within one hundred(100) feet of a limited access
trafficway._ �_
npplie heollowing=useszand distriets:
21 Conditions of use: must be conducted within either a completely enclosed building or an
interior side yard or rear yard that is located at least one hundred (100) feet from any
property with a "residential" land use plan designation.
Applies to the f llowing, d d' tr
a arrlaVU a�V 411V 1V11 0 •
AA
22 Conditions of use: must be located at least two thousand five hundred (2,500) feet from
any similar use.
Fortune teller or palm reader: MA 1
23 Conditions of use: specifically excludes and prohibits the operation of gaming vessels
and personal watercraft rental or leasing.
11 ORDINANCE#2023- OO(O
Docks an,t deekin of beat., and ships net two hundred (200) f t 1 th
including operation of charter boats: IROM, IG, IROM AA
24 Conditions of use: permitted only within shopping centers with a minimum building
gross floor area of fifty thousand (50,000) square feet, subject to the provisions of the
Future Land Use Element of the Comprehensive Plan pertaining to commercial uses in
the Industrial and Employment Center future land use categories. Uses within shopping
centers shall be those of the C-2 Commercial district set forth in section 110-20 (list of
permitted, special exception and prohibited uses for commercial and mixed-use
districts).
� plies. *. he f»,,wi _ a f t
a�ro.�v av a.rv�v��v.r a.r6 UtJ K/LK K{UL/lV6J.
Retail uses not itemized: IROM, IROC, IROM AA
Personal service establishments: IROM, IROC, IROM AA
25 Conditions of use: the following uses in the IROC District shall not be located on the
site of buildings planned, designed, built, or used for industrial or warehouse use.
d districts:
O,.tde .,len7 Y ens 1 7 1 ai d' r 1 y ff ll b.l a 1
r �
Outdoor sales e e display F „tomobil 1 t
v...vuvva �aNavJ, vi Y1VV, lLlJjll ,
26 Conditions of use: the sale, rental, leasing, display or repair of fully assembled
recreational vehicles or new campers is limited to new vehicles only in the IROC district,
IROM district, and IROM-AA district. Such use is limited to well-maintained FDOT-
ready, vehicles in a front, street, side, or rear yard if separated from the adjacent
roadways or rights-of-way by landscaping pursuant to the requirements of this Land
Development Code.
30 Conditions of use: must be located on the same site as a shopping center containing in
excess of one hundred thousand(100,000) square feet of gross floor area.
Sales,rental, leasingTdistalay-er-fepair--ef-fally-assemblecl-new-reereatienel--whieles
or campers: IROC.
31 Conditions of use: the combined square footage of sales, leasing, display and storage
area shall not occupy more than twenty-five(25)percent of the gross land area occupied
by the shopping center development.
or campers: IROC
32 Conditions of use: not permitted as a freestanding use, or within a shopping center.
uses and districts:
12 ORDINANCE#2023-
Sales, service, display, repair, or any combination of these, of automobiles,
motorcycles or trucks: IROC
33 Conditions of use: the uses listed below are permitted on those properties identified as
plats 3, 7, and 8 in the interlocal agreement between Broward County and the City of
Dania Beach pertaining to expansion and jurisdiction of Fort Lauderdale-Hollywood
International Airport, executed by the City of Dania Beach on October 17, 1995, and by
Broward County on September 12, 1995.
<l� pli,,s to tine »ewin,., , 1 gist , t
�Y � ,
Airp
e# elated d airport compatible- ses: I O I OM A A
A„t tnebile. „tale . I OM I OM A A
<1lA I.V 111V V11V 1V11G e ,
Passenger terminal: IROM, IROM AA
34 Conditions of use: airport related and airport compatible uses shall include, but not be
limited to, rental car facilities and storage lots, longterm passenger parking facilities,
employee parking facilities, airline in-flight services, air cargo services, specialized
aircraft and ground transportation equipment repair and maintenance excluding aircraft
testing, and aviation-oriented training facilities.
ll.J
�rpli to t�e n,wi, ,., nd aistr• t
L .
Airpert--r-elated-ancl-aiipert-eenipatible-nses4ROMTIROM-AA
35 Conditions of use: the uses listed below are permitted in the IG district on parcels
abutting the Dania Cut-Off Canal and Port Everglades, not including easements and
rights-of-way, with a required setback [of] at least five hundred (500) feet from any
residential zoning district, and a required opaque fence eight(8)to ten(10)feet in height
adjacent to any public street.
Applies t.. th e .r lewin,., the C a t t.
a. Marine cargo handling facilities
b. Parking for vehicles and equipment
c. Outdoor storage of materials, supplies, machinery, equipment, vehicles, trailers, cargo
shipping equipment (i.e. flat racks, chassis, and containers), or products being
Yi vvvuovu l
ea ;il vl tra spe tea through the p perty
four (4) high not to exceed forty (40) feet as an accessory use. Outdoor activities and
During nnmel 1, rriL-`(ines or tropical st t � 1, 11 b 1 .1
----��a--^-�--»---. ��—»���v va ravYavwa vv++aaa, iiV vlVaaa.�V VV114{A111V1J Ull{.411 VV V4{AV1lV\1.
c. Fuel tanks for fueling of vehicles and ships as an ace
ck at'lea dred(1 )-Yeet fro T 1 T d
comr_►1,,ing . ,;tL. ., plicab a L.,,ildi g co a «.tom „bj t t th 1 f
oval<Yl J la<S 14a1 uil,'' csYYuv e e e ,
the Browara Sheriffs Office and the Dania Beach Fire Department.
13 ORDINANCE#2023- Dap
fifty(250)feet in length. For the purpose of this provision,the term "barge" shall mean
a non-self-propelled cargo-or-shipping vessel .which cl„des „ bow and stem nd
pe a " " , ; cl„de a flaw. beaiY ectanguiar
raft like vessel.
h. When located on property no larger than three-(3)-net-aer-es,
Lane and NE 7th Avenue, with access limited to NE 7th Avenue, the following arc
permitted:
(1) Outdoor storage of materials, supplies, machinery, equipment, vehicles,
trailers,and cargo shipp g equ en .o fl t racks, ,.h ssis, an ,. �tai ers)
er products being o ea ; tra„sported through she p erEy
(2) Outdoor storage of cargo containers not to exceed Vcvo (2) stacks and sixteen
(16) feet in height (no storage containers may be stacked during named
36 Conditions of use: the uses listed below are permitted in the IG district on lots generally
located along the Dania Cut-Off Canal from the east end of the city limits, west one
hundred eighty(180) feet past the end of Taylor Lane, south of Taylor Lane to the north
bank of the Dania Cut-Off Canal,and more specifically described as Parcel A and Parcel
B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat and
Port Laudania Plat,less than east three hundred thirty-three(333)feet of the South seven
hundred forty-three and eight-two hundredths (743.82) feet and Dania Canal, not
including easements and rights-of-way, and unless otherwise stated below, set back a
minimum of one hundred (100) feet from any residential zoning district. If there is any
conflict between the provisions of this subsection and any other provision of this code,
the provisions of this subsection will prevail.
Uses permitted in the IG district within the location described above:
a. Manufacturing, painting and repair of ships and boats in excess of two hundred (200)
feet in length, associated assembly, fabrication, outfitting and maintenance, marine
construction and equipment loading and handling operations.
b. Retail sales of material and supplies for construction and repair of vessels.
c. Warehousing of materials, supplies, cargo and equipment related to shipyards,
boatyards and marine construction businesses.
d. Outdoor storage of materials, supplies,cargo,equipment,machinery, staging,vehicles,
vessels, trailers, ladders and other associated items related to shipyard, boatyard and
marine construction.
e. Storage containers required for storage of shipyard/boatyard materials,vessel supplies,
cargo, and construction tools and materials. Storage containers shall not exceed fifty
(50)containers per property.The containers shall not be stacked or used as shipbuilding
or repair work shops, and shall be set back a minimum of twenty-five (25) feet from
Taylor Lane and at least twenty-five (25) feet from the Dania Cut-Off Canal. During
named storms, all containers and loose materials shall be secured.
14 ORDINANCE#2023-0aCe
f. One (1) office trailer not to exceed one thousand (1,000) square feet, set back a
minimum of thirty-five (35) feet from Taylor Lane. The trailer shall be properly
secured.
g. Fuel tanks, including mobile fueling from fuel trucks or fuel barges, for fueling of
vehicles and ships as an accessory use and as regulated and permitted by the State of
Florida Department of Environmental Protection and Broward County's environmental
protection agency.
h. For those properties located along and with access to Taylor Lane, including those
properties on the north side of Taylor Lane,parking of vehicles on hard surface or good
rolled, crushed rock base, as an accessory use.
i. Security gatehouse, including manufactured modular buildings, complying with
applicable building code requirements, as an accessory use, when approved by the
Broward Sheriffs Office,the city fire department, and the city public services director.
j. Shipbuilding and repair.
k. The following shipping,marine transportation and barge operation uses are recognized
by the city as special uses for those certain properties as described above,and they shall
be permitted for up to one hundred twenty (120) days in any calendar year, subject to
the following conditions:
(1) Prior written approval by the city manager and the community development
director is required, if the length of time any one (1) use will be in operation
will exceed fourteen(14) days.
(2) For uses, excluding barges, which will be in operation for fourteen (14) days
or less, written notice shall be provided to the community development
department indicating the location and duration of the operation.
(3) Prior written approval for barges shall be required regardless of duration.
(4) Barges shall not exceed one hundred ninety(190) feet in length.
(5) No more than two (2) barges are permitted at any one (1) time within the
confines of the area described above.
(6) The city commission may grant waivers of the above conditions based upon
an applicant's demonstration of unique circumstances, practical hardship, or
both, that are not generally applicable to other such uses.
37 Conditions of use: outdoor assembly and repair of boats shall not be located within a
required yard abutting a street and shall not be located within one hundred(100) feet of
any limited access trafficway.
«Aypl' ..ia tot f lowi, ,., 7_ a t t
38 Conditions of use: must be located within a fully enclosed shopping center containing in
excess of one hundred thousand(100,000) square feet of gross floor area.
� pie.. t>A n
.1�L''•o�,.� v s i sc.✓vc c v vrETLg-R:TGTLtTd-distT6CLT
1?'vtnil sales of .« as a mmCnitio'n: IROC
..a u�aavu vi gu..n •+• • TDllr+
15 ORDINANCE#2023-COtD
39 Conditions of use: permitted accessory to a sporting goods store.
<iyycsc ,
Retail sales of d t' : I OC
a.al .,u1Vu Vi �,��[illiliR2iiCI�T1:i'iR7T
40 Conditions of use: the development shall comply with the county land use plan provision
that restricts land devoted to nonindustrial use to no more than twenty (20) percent of
the acreage within an industrially designated flexibility zone.
Convention and conference centers: PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel containing 100 or more rooms: PEDD
Hotel-ceiit-aining-lesrst rEDD
[41-44 are reserved]
45 Conditions of use: must be located within a freestanding building.
<11./1./L
A��l ,., , ,
i,.. totz lowi, aa• . et
Library or art gallery: IROC
Museum: IROC
F,• A d A 1
1 lAl1V1 LLl 11V111V �
46 Conditions of use: the following uses in the listed zoning districts are permitted only
upon demonstration that vehicular traffic generated by the proposed use will not have an
adverse effect upon,be detrimental to, nor interfere with, the surrounding land uses, the
ability of the local and regional transportation network to operate at or above level of
service "D", or the orderly and appropriate development of the area in accordance with
the future land use plan.
Restaurant, full service: IRO
Convention and conference centers: IRO, PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hetel-esntain g one hu a (1 nm :%rEDD
Hotel containing less than one hundred(100)rooms: PEDD
U.B. Border Patrol facilities: IRO
16 ORDINANCE#2023— 0
Electricaltabons-6rrelated-electrical facilities RO
Electrical power plants: IRO, IC
Gefe....ereial re eatie f eilities (; ,l ): I O
v Vi11111Vi VaW11VV1VWl�1 Vll L
47 Conditions of use: permitted only upon a city commission determination that the land
upon which the use is proposed is not best reserved for future industrial uses.
Convention and conference centers: PEDD
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
Hotel ee r more : PEDD
Hotel-eenteiningless th l 00 : PEDD
48 Conditions of use: must be accessory to a bar or restaurant.
Applies to t » win,.. , a a . t
Live entertainment: MA 1
49 Conditions of use: must be designed in such a manner as to preserve, perpetuate and
improve the natural environmental character of the proposed site and surrounding area.
A,.,.lie.. t„ the ro lowing, _a l t
Conyentio,. e„,l of rerea t PEDD
Vi1�V1141 V11 Wlltl VV11LV1V
Library or art gallery: PEDD
Museum: PEDD
Colleges and specialty schools: PEDD
er more rooms: PEDD
50 Conditions of use: must be located at least one thousand five hundred(1,500) feet from
any property with a "residential" land use plan designation.
and districts:
Distribution facility: IRO, IG
Railroad ara truck te....ei 1. IG
Electrical power plants IRO, IG:
a. Where any new electrical power plant site did not exist prior to 2001.
„fter 2001 (excluding f ;lities liee«sed th« i.Fl ,l E1 tr l D Pl t
---- _..v. �--..�-.»Waai�1W�111�iVU 11V VllVVu 1,luVu
17 ORDINANCE#2023- 0
c. Where any new type of fuel would be utilized.
Wastewater treatment f cilities: IRO
51 Conditions of use: distribution is a permitted accessory use to the following principal
uses:
To a primary light industrial or research use in the IROM, 1ROC, IROM AA and
IG districts
IROC district
To a primary office warehouse showroom facility in the IROM, IROM AA
districts
Te ., rehouse light ind„stri1a , A 1 Distric t
i V u j�iiTir" e M
52 Conditions of use: the lot coverage comprised of fully enclosed air conditioned space
shall be a minimum of twenty-five (25)percent.
Applies to th son.wing, . a distri.t
Distiibutie,1 ROM, I OC, I O d A A
Warehousing facilities: In OM, I O r A A
53 Conditions of use: must be separated from similar uses by at least one thousand(1,000)
feet, measured between property lines.
«YY
e.p ie., to t e o llewin,. n a district.
c, ,
Employment agency: IROM, IROM AA
Day-latter o „loyment-e ce: I OM I OM A A
54 Conditions of use: must be separated from parks, day care centers, academic schools,
and residentially zoned or used land by at least one thousand (1,000) feet, measured
between property lines.
Empley,...,ent a e I OM, I OM A A
L111t11V
Day-labor-ertem er -e loyment-effe : 1 p r I OM A A
55 Conditions of use: must be separated from arterial or collector roadways by at least one
thousand(1,000) feet, measured from property line to street line.
Applies to the following uses and districts:
Empl o yment a I OM I OM A A
ivaraVyauvz e ,
bor or temper 1plo ent epee: I OM I OM A A
18 ORDINANCE#2023-
60 Conditions of use: must be separated from similar uses, parks, schools, residentially
zoned or used land, and from arterial and collector roadways—measured property line
to street line—by at least one thousand(1,000) feet, and from limited access facilities as
described in the transportation element of the Dania Beach Comprehensive Plan by at
least five hundred(500) feet, measured property line to street line.
IlE/
� pli,.. t. rl ,.»owin , , 7 district.
1Jmployme„� „ e I OM, I OMA A
Llll
Day labor or temporary employment office: IROM, IROM-AA
61 Conditions of use: U.S. Border Patrol facilities in the IRO district shall be permitted
when located east of U.S. 1, north of the Dania Cut-Off Canal, directly abutting Port
Everglades, and at least three thousand (3,000) feet from any property with a City of
Dania Beach "residential" or "commercial" land use plan designation. These facilities
shall not be open to the general public for any purpose other than border patrol matters.
The following are permitted uses when accessory and incidental to permitted U.S.
Border Patrol facilities:
a. Outdoor storage, loading and limited repair of boats and other similar watercraft
b. Dog kennel
c. Temporary holding cells within fully enclosed, air-conditioned building, not to exceed
three thousand five hundred(3,500) square feet in floor area
d. Temporary secure storage of illegal items, contraband or both (excluding explosives
other than weapons and ammunition), seized by government authorities when stored
entirely within an enclosed building
e. Automobile storage, service, and limited repair facilities
f. Limited storage and distribution of fuel
g. Storage of weapons and ammunition generally associated with U.S. Border Patrol
operations, not to exceed five hundred(500) square feet in floor area.
h. Communications towers up to ninety (90) feet in height, subject to FAA requirements.
62 Conditions of use: Must be hidden/screened from public view and/or residential
properties.
63 Conditions of use: fast food restaurants in the IROM, IROM-AA and IROC districts
must be physically attached by a common wall to a shopping center containing in excess
of fifty thousand (50,000) square feet of gross floor area, with no drive-in or drive-
through facility.
64 Conditions of use: fish smoking, curing and canning in the IROC district is permitted
only incidental and accessory to a restaurant.
65 Conditions of use: the following uses must be clearly incidental and accessory to an
established marina.
A e to t>" dr isttricts.
YY0piws ov oiwwcn �.�C�. c
F el i�-fo zehicles and s i ps, iiiCYudin rc ai ... lei o f fuel: TDOM,
IG, IR, PEDD, MA 1, IROM AA
19 ORDINANCE#2023-naD
, PEDD, MA1, IROM-AA
Passenger terminal: IROM, IROM-AA
66 Conditions of use: city commission may require provision of boat sanitary waste pump-
out facilities in conjunction with the fuel facilities.
Applies t th o lowing, . districts.
Fuel tanks for fueling of vehicles and ships, including retail sales of fuel: IROM,
IR, PEDD, MA 1, IG, IROM AA
67 Conditions of use: permitted college and specialty schools in the PEDD district are
business schools, colleges, private schools, and commercial schools (art, music,
theatrical, business, technical).
68 Conditions of use: The display of outdoor recreational merchandise shall be accessory
to a permitted retail or wholesale use and items permitted within such displays shall be
limited to assembled children's play structures including climbing equipment,platforms,
slides, swings, and playhouses designed for playground and residential yard use.
Outdoor sales displays of fully assembled outdoor recreational merchandise shall be
subject to the following standards:
a. The display shall be located in a contiguous area which shall not exceed seven hundred
fifty (750) square feet in total display area per licensed business. The total maximum
display area shall be calculated by measuring the perimeter of the display area and
calculating the square footage within such area.
b. The display shall not encroach into parking spaces or aisles,and assembled recreational
items within the display shall be set back at least four (4) feet from a property line,
sidewalk, or parking lot.
c. The items contained within the display shall not exceed twenty (20) feet in height.
69 Conditions of use: showrooms may display furniture, lighting, home furnishings,
electrical, mechanical and plumbing equipment, large appliances, carpeting, tile,
cabinets, marine equipment, and similar items as determined by the community
development director.
ppli,.. t.. th, lowi. ,., , a districts
�.yYc cc ,
> > ,
IG, IROM AA
Wholeale: cembined-effiee-di4 tion-war-eheuse- ciliti O
* * *
Section 5. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 220-65 is amended to read as follows:
20 ORDINANCE#2023- _.
PART 2—SITE DEVELOPMENT REGULATIONS
ARTICLE 220. - SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT
REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP
REGULATIONS
* * *
Sec. 220-65. Rooftop photovoltaic solar systems,
* * *
Section 6. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 265-40 is amended to read as follows:
PART 2—SITE DEVELOPMENT REGULATIONS
ARTICLE 265—OFF STREET PARKING REGULATIONS
* * *
Sec. 265-40. Interpretation of off-street parking requirements.
* * *
(I) [Single-car garages.] Si„ le r:vate f ..aividua d..ell n its shah et be
.� ..s.v vui Yi a v c��v �uiuga."
„sea t a`i y the pµrkif -- o erts d. ell. i` Two-car private garages
,
garage shall have an interior unobstructed area measuring at least twenty(20) feet by twenty
(20)feet. Single-car garages shall have an interior unobstructed area measuring at least eleven
(11) feet by twenty (20) feet.
parking-
* * *
Section 7. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 265-40 is amended to read as follows:
* * *
PART 2—SITE DEVELOPMENT REGULATIONS
ARTICLE 265—OFF-STREET PARKING REGULATIONS
21 ORDINANCE#2023- OCCO
* * *
Sec. 265-91. Parking reductions for transportation demand management strategy
implementation within the CRA form-based districts (CC, EDBB-MU, SFED-MU, GTWY-
MU,NBHD-MU, NBHD-RES).
(A) All new development or redevelopment within the CRA form-based districts (CC, EDBB-
MU, SFED-MU, GTWY-MU, NBHD-MU, NBHD-RES) may apply for parking reduction
through the implementation of transportation demand management(TDM)strategies.Parking
reductions for each TDM strategy implementation may earn three percent (3%) reduction.
Total reduction shall not be more than ten (10) percent of the total required parking for all
uses within the development. This reduction may be used in conjunction with other parking
reduction provisions such as shared parking and affordable housing incentives.
Section 8. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 302-10 is amended to read as follows:
PART 3 —SPECIAL ZONING DISTRICTS
SUBPART 1 — COMMUNITY REDEVELOPMENT AREA (CRA) FORM BASED
ZONING DISTRICTS
ARTICLE 302-DETAILED ZONING REGULATIONS
Sec. 302-10. Permitted, special exception and prohibited uses.
Legend: Districts
P = Permitted EDBB- SFED-MU
SE = Special Exception use MU
(#)=Permitted subject to the restriction in
section 302-20 having the same number
that is within the •arentheses
-Not permitted Principal Street Frontage v�
Abbreviations: aC1 a) Q Q
EDBB = East Dania Beach Boulevard Q w •
SFED = South Federal Hi:hwa • _ •
Mobile food vendor [subject to P NP NP NP NP NP NP ,PP.
section 110-320
'ab
22 ORDINANCE#2023-00(.0
Section 9. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 635-20 is amended to read as follows:
PART 6-DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS
ARTICLE 635- SITE PLANS
* * *
Sec. 635-20. Applicability.
(A) Site plan required. Approval of a site plan is required prior to the commencement of any
development in any zoning district of the city, including but not limited to grading;
excavating; dredging; filling; installation of roads and utilities incidental to vertical
construction; interior building alterations that increase the number of residential units,
business/tenant spaces, or otherwise increase the parking requirement under article 265;prior
to issuance of any building permit, and whenever required by other provisions of this code.
(B) Small-scale site plan. A site plan shall be processed under the small-scale site plan procedure
if the site plan complies with the following limitations:
(1) A net land area of one (1) acre or less; and
(2) Fewer than fifty (50) dwelling units; or
(3) Fewer than twenty thousand(20,000) square feet of nonresidential use; and
(4) Does not include both residential and nonresidential uses; and
(5) Does not include a request for assignment/allocation of residential dwelling units or
nonresidential acreage under the flexibility provisions of the Broward County Land Use
Plan.
(6) Does not include an application for another action that must be approved by the City
Commission. If a project requires a plat or rezoning, then the City Commission shall
also hear the site application for the project, at the same public hearing.
(C) Large-scale site plan. All site plans that do not qualify for small-scale site plan review and
approval shall be processed under the large-scale site plan procedure.
Section 10. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 710-20 is amended to read as follows:
PART 6-DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS
ARTICLE 640-PLATS
* * *
23 ORDINANCE#2023-°CI17
Sec. 710-20. Definitions and term usage.
(A) Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition prier-te-damage
would equal or exceed fifty (50) forty-nine (48) percent of the market value adjusted
of the building or structure before the damage occurred., as estimated using
(Also
see definition in Chapter 12.)
(B) Substantial improvement.
one (1)year, the cost of which equals-er exceeds fifty(50)percent of the market value of the
(1) Before the improvement or repair is started, or
d as a result of a single improvement or repair, or
structural part of the structure commences, whether er not that alteration affects the external
dimension of the structure. The term does not include:
(1) Any project for the-improvement of a struc
health, sanitary or safety code specific
(2) Any alteration of a structure listed en the National Register of-Historic Places or the
Florida I,..venter e f Histe..;e Places. e
,
of a nonconforming structure er the square footage of a structure devoted to a
.aav vvaaaaaa uaaaayd
ecter; cadence. ,ith etien -7- 0 60(F (n)
Any combination of repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure taking place during a one (1) year period, the
cumulative cost of which equals or exceeds forty-nine (49) percent of the market value of
the building or structure before the improvement or repair is started. For each building or
structure, the one (1) year period begins on the date of the first improvement or repair of
that building or structure subsequent to the date of permit issuance. If the structure has
incurred "substantial damage," any repairs are considered a substantial improvement
regardless of the actual repair work performed. The term does not, however, include either:
[Also defined in FBC, B, Section 1612.2.] (Also see definition in Chapter 12.)
(a) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the building official and that are the
minimum necessary to assure safe living conditions.
24 ORDINANCE 00UP
(b) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Section 11. That the City of Dania Beach's Code of Ordinances, at Chapter 28, entitled
"Land Development Code," at Section 811-70 is amended to read as follows:
PART 8—TECHNICAL APPENDIX
ARTICLE 811 —PUBLIC ART PROGRAM
* * *
Sec. 811-70. Building permits.
(A) Prior to issuance of a final building permit, the applicant or developer for projects subject to
this article shall be required to comply with one of the following:
(1) In-lieu public art fee. Pay one-half of one percent (0.5%) of the cost of the proposed
development project, as an "in lieu" public art fee, with a minimum payment of five
thousand dollars ($5,000.00) and a maximum payment of two hundred fifty thousand
dollars ($250,000.00); or
(2) Combination of in-lieu public art fee and placement of art on site. Placement of art on
the site of the development project,which shall have a minimum value of one-quarter of
one percent (0.25%) of the cost of the proposed development project combined along
with a one-quarter of one percent (0.25%) payment of an "in-lieu" public art fee. The
owner shall provide documentation to the City that the art fee has been deposited into an
escrow account for said purpose prior to the issuance of a building permit. Prior to
placement on the development site,the art must be approved by the Community Services
Development Director or designee and conform to the adopted public art guidelines.
(i) If the art is to be placed on site, the owner shall be given up to nine (9) months after
issuance of the building permit to obtain approval of the proposed placement of art
from the Community Services Development Director or designee, unless the
Community Sees-Development Director or designee grants an extension for good
cause as determined in their sole discretion. If no such approval is obtained within the
time period, the City shall require transfer of required art fee funds to the fund.
(ii) The owner shall be given up to nine (9) months after the issuance of a certificate of
occupancy to install the art, as approved by the Community Services Development
Director or designee in accordance with adopted public art program guidelines. The
Community Services Development Director or designee may grant one additional six-
month extension for good cause as determined in their sole discretion. If no installation
occurs within the required time period, art fee funds shall be transferred from the
escrow account to the fund.
* * *
25 ORDINANCE#2023- 0
Section 12. 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 13. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 14. That this Ordinance shall be effective immediately at adoption on second
reading.
Section 15. That this Ordinance shall be codified after adoption.
PASSED on first reading on March 28, 2023.
PASSED AND ADOPTED on second reading on April 25, 2023.
ATTEST: BC *`
e
11
ELORA ' m ' C a ); ,
ARCHI L . YIAN IV
CITY CLERK ,13), ,ya�% MAYOR
1L1SH0,/
APPROVED AS TO FORM AND CORRECTNESS:
E . B UTSIS
IT ATTORNEY
26 ORDINANCE#2023 COLO
-