Loading...
HomeMy WebLinkAboutO-2003-007 Off Street Parking Revisions �fl ORDINANCE NO. 2003-007 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" TO REVISE THE PARKING STANDARDS APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28 "Zoning," Sections 6.21 and 6.22 of the Code of Ordinances of the City of Dania Beach (the "City") provide for off-street parking and loading standards for all uses within the City; and WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has determined that it is appropriate to revise these standards based on the recommendation of its professional staff; ® and WHEREAS, the Commission finds that this Ordinance is consistent with the City's adopted Comprehensive Plan and necessary for the preservation of the public health, safety and welfare of the City's residents, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28 "Zoning" of the Code of Ordinances of the City of Dania Beach, Florida ("Chapter 28"), Article VI. "Supplementary Use Regulations," Section 6.21 "Off-Street Parking," is amended to read as follows: CHAPTER 28. ZONING ARTICLE VI. SUPPLEMENTARY USE REGULATIONS. 6.21. OFF-STREET PARKING. (a) Size and access. An off-street parking space shall consist of a parking space having minimum dimensions of nine (9) feet in width by eighteen (18) feet in length for the parking of each standard automobile exclusive of access drives or aisles thereto. Minimum widths of access drives and minimum widths of aisles designed and intended for the maneuvering of an automobile into a parking space, the parking angles, 1 ORDINANCE NO. 2003-007 stall widths, stall depths, aisle widths, curb length, and half and full bays, ® shall be in conformance with the illustrative chart in Figure 1 below. The dimensions shown on Figure 1 are for one-way direction movement. Two-way direction movements (aisles and access drives) require a minimum width of twenty-four (24) feet regardless of parking angles and dimensions shown on Figure 1. One-way direction movements (aisles and access drives) require a minimum width of twelve (12) feet regardless of parking angles and dimensions shown on Figure 1. Provided however, one way aisles which do not directly abut parking spaces and which service general office buildings (up to five thousand (5 000) square feet in area) may be reduced to ten (10) feet upon a finding by the Fire Chief and Public Works Director that adequate and safe access is provided for general vehicle traffic and emergency vehicles. (b) Automatic parking. Nothing in this section is intended to prohibit the installation of a fully automatic parking facility in which the placement and removal of automobiles are accomplished wholly by machinery. (c) Number of parking spaces required. Minimum off-street parking facilities with adequate provisions for ingress and egress, in accordance with paragraphs (a) and (b) of this section and the schedule of off-street parking requirements There shall be provided: ® (1) at the time of the erection of any building or structure; or (2) at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, floor area or seats; or (3) at the time any use or occupancy of an existing building or structure is changed to a use or occupancy which increases the requirements for off-street parking. Gh (d) Existing uses in Redevelopment District. For existing buildings and uses located within the Downtown Dania Beach Redevelopment District, additional parking spaces shall not be required when a use or occupancy of an existing building or structure is changed to a restaurant and the change would otherwise increase the requirements for off-street parking. The previous sentence shall not apply when said restaurant is operated in conjunction with a theatre, playhouse, house of worship, lodge hall, private club, indoor amusement facility, meeting hall, or institutional dining facility 2 ORDINANCE NO.2003-007 (e) Parking for outdoor seating in the Redevelopment District. Additional parking shall not be required for any use for which outdoor or open-air seating has been specifically approved by the city commission. (f) Sunset provision. The parking exceptions created by paragraphs (d) and (e) above shall sunset on August 14, 2004, unless extended by ordinance of the city commission. (g) Nonconforming parking. A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter, or any applicable amendment thereto, may be continued even though off-street parking may not be provided in full compliance with this chapter; but the degree of nonconformity due to a deficiency in providing the required off-street parking spaces may not be increased, either by reducing the number of parking spaces which are provided at the time of the passage of this chapter, or by changing the use or occupancy of an existing building to a use or occupancy which increases the requirement for off-street parking. Any structure or use which is altered in a manner which requires the provision of additional off-street parking spaces shall provide such spaces prior to occupancy of the altered portion of the use. This includes providing off-street parking to address any existing parking deficiency. ® (h) Cessation of nonconforming parking: Failure to utilize a use building or structure that is nonconforming with respect to required parking for a period of six months (except where governmental action impedes access to the premises) or a change of use to a more restricted or conforming use for any period of time shall be considered cessation thereof and such nonconformity shall not thereafter be revived. (i) Principle of Equivalency for Evaluating Off-Street Parking in Existing Uses. The following equivalencies may be used as a minimum guide in the application of the Schedule of Off-Street Parking Requirements: Use Floor area equivalencies 1 permanent seat 6 square feet of floor area in seating areas of occupancies requiring seating. 1 moveable seat 15 square feet of floor area in seating areas of occupancies requiring seating. The remainder of areas external to actual seating areas shall provide required parking according to the schedule of applicable parking ® requirements. 1 school student 20 square feet of floor area 3 ORDINANCE NO.2003-007 SCHEDULE OF OFF-STREET PARKING REQUIREMENTS CITY OF DANIA BEACH, FLORIDA Use Spaces required 1. Single-family Two (2.0) spaces per each dwelling unit. Two point two (2.2) spaces per each dwelling unit if access is from a private aey roadway for homes that also provide at least one garage space. Two point three (2.3) spaces per each dwelling unit if access is from a private roadway and no garage is provided. 2. Duplex, Triplex Three (3.0) spaces per each dwelling unit. 3. Mobile homes Two (2.0) spaces per each dwelling unit. 4. Multifamily dwellings: Efficiency One point five (1.5) spaces per One bedroom each dwelling unit. Two or more bedrooms One point seven (1.7) spaces per ® each dwelling unit. Two point two (2.2) spaces per each dwelling unit. 5.Townhouse, row house dwellings Two point two (2.2) spaces per each dwelling unit. 2.3 spaces per each dwelling unit if no garage is provided. 6. Boardinghouse One point five (1.5) spaces per each room or each dwelling unit plus 2 spaces per permanent residence. 7. Hotels, motels, motor inns One point five (1.5) spaces per each room or suite for the first twenty-five (25) rooms or suites; One point one (1.1) spaces per room or suite for each room or suite above twenty-five (25) rooms. Other uses operated in conjunction with the hotel, motel, or motor inn (restaurants open to the public, meeting rooms) shall ® provide parking as if such uses were operated separately from the hotel, motel, or motor inn. 4 ORDINANCE NO.2003-007 8. Theatres and other places of One (1) space per each four (4) assembly having fixed seats seats. 9. Places of public assembly not One (1) parking space per each having fixed seats, including seventy-five (75) square feet of assembly halls, meeting halls, and assembly, convention, or meeting convention centers (except as room floor area. provided for in subsection 10 ) 10. Private clubs, lodges, or One (1) parking space per each fraternal organizations (except for seventy-five (75) square feet of restaurants, lounges, and bars floor area occupied by guests, which shall be provided as per customers, or members. subsection 20 11. GhUFGhes or other places of One (1) parking space per each House of worship, mortuaries or seventy-five (75) square feet of funeral homes auditorium, meeting room, or chapel area. Other uses operated in conjunction with the GhuFGh house of worship. shall provide parking as if such uses were operated separately from the church. Mortuaries and funeral homes shall also provide four (4) spaces for employees. ® 12. Bowling alley Six (6) spaces per each alley. Other uses operated in conjunction with the bowling alley shall provide parking as if such uses were operated separately from the bowling alley. 13. Medical, dental, chiropractic, One (1) space per each one psychiatric, psychological, and hundred fifty (150) square feet of counseling offices; charitable, gross floor area or five (5) parking philanthropic, and civic institutions spaces whichever is greater. or offices, employment offices, fortune tellers 14. Banks, financial institutions, One (1) space per each one credit unions, pawn shops, check hundred fifty (150) square feet of cashing stores, and convenience gross floor area or five (5) parking food stores spaces whichever is greater, plus six (6) in-bound vehicle stacking spaces and one outbound vehicle stacking space for each bank drive through window. 15. Government offices, museums, One (1) space per each two ® libraries hundred (200) square feet of gross floor area. 5 ORDINANCE NO.2003-007 16. General business, commercial, One (1) space per each two ® personal service establishments; hundred fifty (250) square feet of business and professional offices gross floor area. 17. Shopping Center Same as for general business (subsection 16), plus additional parking spaces, as required herein, for the following types of uses: medical offices, banks, financial institutions, restaurants, and houses of worship. 18. Department store, thrift shop One (1) parking space for each two hundred (200) square feet of gross floor area. 19. Furniture, large appliance, or One (1) space for each four decorator showroom hundred (400) square feet of gross floor area. 20. Restaurants (including carry-out One (1) space per each forty (40) restaurants), nightclubs, bars, and square feet of customer service other eating places, amusement area including waiting area. center or arcade Restaurants, nightclubs, and bars providing live entertainment shall provide one parking space per each thirty (30) square feet of ® customer service area. 21. Fast food or drive through One (1) space per each thirty (30) restaurants square feet of customer service area, plus one space for each two (2) outdoor seats, plus six (6) in- bound vehicle stacking spaces and one outbound vehicle stacking space for the drive-through window. 22. Schools, Day Care: One (1) space per each one Day Care, Pre-K hundred fifty (150) square feet of gross floor area or five (5) parking Grades 1 through 6 spaces, whichever is greater. One (1) space per each fourteen Grades 7 through 9 (14) students. One (1) space per each nine (9) Grades 10 through 12 students. One (1) space per each three (3) Plus for each day care center or students. school Three--37 Four 4 in-bound vehicle stacking spaces and three ® (3) two 2 outbound vehicle stacking spaces for pick-up and drop-off. 6 ORDINANCE NO.2003-007 23. Business schools, colleges, art One (1) space per each sixty (60) and music schools, vocational square feet of classroom schools instruction area. 24. Industrial, manufacturing and One (1) space per each five research uses hundred (500) square feet of gross floor area. 25. Storage warehouse One (1) space per each eight hundred (800) square feet of gross floor area 26. Auto sales, rental, or leasing, One (1) space per each two auto repair shops, , paint and body hundred (200) square feet of gross shop facilities, motor vehicle floor area plus one space per showrooms, self service car wash, each two thousand (2,000) square accessory use automated car wash feet of outdoor vehicle display or storage area; plus three (3) in- bound vehicle stacking spaces and one (1) outbound vehicle stacking space for each self- service or accessory use car wash bay. 27. Principal use automated car One (1) parking space per wash employee but no less than five (5) spaces, plus one (1) space per ® each four hundred (400) square feet of hand-washing, detailing, or vehicle cleaning area, plus twelve (12) in-bound vehicle stacking spaces and six (6) outbound vehicle stacking spaces. 28. Auto Service Stations One (1) space per each two hundred (200) square feet of gross floor area devoted to automotive use, plus additional spaces, as required herein, for additional uses such as convenience food store. 29. Yacht club, boat marina, charter Seven-tenths (0.7) spaces per boat, sightseeing boat excursion each slip plus one space per each boat or gambling boat two (2) persons allowed within maximum occupancy of charter, sightseeing, excursion boat or gambling boat. Other uses operated in conjunction with the primary use shall provide parking as if such uses were operated separately. • 30. Dry stack boat marina Five-tenths (0.5) spaces per boat storage space. 7 ORDINANCE NO.2003-007 31. Tennis courts, racquetball, and Two (2) spaces per court. handball courts, or other sport courts (except for any athletic courts which are accessory to multi-family development and memberships consist only of residents of the -multiple-family development) 32. Miniature golf, batting cage Two (2) spaces per hole plus two (2) spaces for each target position plus two spaces for employees. 33. Outdoor Commercial Recreation One (1) space for each four (4) Facility persons allowed on each ride or exhibit (including waiting area) plus fifteen (15) spaces for each net acre of land designated for outdoor recreation plus one space for each four seats in viewing or spectator area. 34. Adult residential care facilities, One-half (0.5) parking space for Community Residential Facility each sleeping room, or one-half (0.5) parking space for each two (2) residents allowed under the maximum occupancy, whichever is greater. Private Garages may not be used to satisfy the parking requirements for any single family, duplex, triplex, townhouse, rowhouse, apartment unit, or boardinghouse use. Parking based en-a speGifiG use. IR all pFejeGtS wheFein the required parking is pFediGated eR a speGifiG use, the developer shall submit with the hn�nJ it Ieiill be limited and ro +riGted tegetheF with a statement as to the speGifiG use of said strurU.—, ­_ --b-1—itly modifies said use s- that it us RE) IE)Rger limited and restriGted, then prier to the issuanGe of a 0) Location of required parking spaces. Parking spaces for all uses or structures which are provided as required parking in conformance with the schedule of off-street parking and other applicable provisions shall be located on the same lot and in the same zoning district as the principal use or structure they are intended to serve except as hereafteF speGifinally eXGepted the cit commission may permit the establishment of required parking facilities on off-site properties as a variance if all of the following criteria are met: 8 ORDINANCE NO.2003-007 1. The off-site parking area shall directly abut the property for which it is to furnish the required off-street parking. Provided however, off-site parking areas within the Community Redevelopment Area may be located within three hundred (300) feet of the principal use. 2. The owner of the principal use shall also own the off-site parking area. 3. The off-site parking area cannot be located within one hundred fifty (150) feet of a single family residential zoning district. 4 The owner shall enter into a written agreement with the city, with enforcement running to the city providing that the land comprising the off-site parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required. 5 The owner shall agree to bear the expense of recording the agreement and must agree that the agreement shall bind any heirs successors and assigns. The written agreement shall be terminated by the city if other off-street facilities are ® provided which meet the requirements of this chapter. 6 The standards for variances as set forth in Section 10.13(a) — (f) are met. e } � ent of s„oh Fequired {f street narking facilities fnr c.�cCfi crrc—vr—uu'vrr-rcc�Cnrccr'BtF�Tr'c ��---rvr nnmmerni I „se within fide hURdred(F500) feet Gf the pFemisec as measured aleng the nearest pedestrian walkway they are iRtended tee n ieT serve;same let as the premises they are designed te agreement with the Gity, with eRfGFGement runRiRg to the Gity never he disposed of � Ge �ti, *E)R with thes late of never `vc'P�-" the buildiRg whiGh the paFking area serves se long as the faoilitie are reg„irerl nrt , a he�s' SUGGessers and assigns. The written agreement shall 9 ORDINANCE NO.2003-007 be vGided by the pity if otheF off street fa ilities rovided in aGG.G-rrinnoe Ieiith this ohanter e�s�+t�+-hlicchhment of supplemental /•�{� �.,+root fa � h re C�TQTmJI""1"1"l""fGTT��t7TGT7"T�a YtYgT—vi"1—�T7'CT'�f ClFi -[FC.7�PVTlTFJITZ�TL�"fT addTtmon to these faGiliti�pnl iFe in nnnnrdan,G with the GGhedule This additiGRaI parking may be supplemental parking IGGated OR t samTr Jett o�nplemental off site narking IGGated on a dirert y �� enlarge,The gFantiRg Of SUGh Supplemental GR site or supplemental eff site with the rem,irementc of this oh^n 'i tr, c e if the fo rim re met (in lies, of E},�c,-rC-�Sr-try i��fEc-n--crTc-Tv � c�--d,- pFE)vgdmRg that the land GE)MPFiSiRg the parkiRg area shall neveF be disposed Of eXGept on GenjunGtiGR with the sale ef the building whiGh the parkiRg area serves se lGRg as the- faGilitiec - rerirerl an b. The owner ef the parkiRg aFea shall agree to bear the The WFitteR agreemeRt shall be voided by the Gity Of Ot= er off- Gd The parking area shall abut the pFeperty for whiGh it as to furnish the required off street narkiRg. 10 13 are nomnlied with buwld*n,,s er uses of the same type ef zeniRg GlaSSifiGation requiring-off- 10 ORDINANCE NO.2003-007 net be less than the 6um of the tS GGMputed sepaFa�oh�_�_�T__he nombined facility must be GOrnpatihlo with the zeniRg Uses being SeNe l (Lk) Utilization of yards. Providing the ground level at the lowest point of the public sidewalk abutting the property, or the public street if there is no public sidewalk, is maintained, required off-street parking facilities may be located in sub-basement under required yards. Roofs of such sub- basements shall be sodded, landscaped, and maintained, and there shall be no visible evidence of such underground use from a public street or sidewalk. No such underground facility shall be constructed closer than five (5) feet to any property line. (ml) Parking in setback areas. (1) Residential districts and uses. In RS-18000, RS-12000, RS- 8000, RS-6000, RD-8000, R-M, R-M(1), R-M(2) and R-M(3) Districts, parking for residential dwellings may be permitted in any set-back area or yard and shall be counted as meeting off-street parking requirements, subject to compliance with the landscaping requirements in Chapter 26 (Vegetation) of the City Code. Parking spaces which require vehicles to back-out onto a public street shall be prohibited in all residential zoning districts, except for "RS" or single family zoning districts. • (2) Non-residential districts and uses. In all districts for all other permitted or approved special exception uses, parking may be permitted in any set-back area or yard and shall be counted as meeting off-street parking requirements, subject to compliance with the landscaping requirements in Chapter 26 (Vegetation) of the City Code. Parking spaces which require vehicles to back-out onto a public street shall be prohibited in all non-residential zoning districts. (om) Approval of plan. The plan for ingress and egress to and from the off-street parking and landscaping shall be subject to the approval of the Growth Management Director and Public Works/Utilities Director of the city. No curbs or sidewalks shall be cut or altered in any manner without the approval of the Utilities/Public Works Director of the city. (on) Utilization of structures. The city commission may permit required or supplemental off-street parking to be provided in parking structures as a variance, subject to the following conditions (in lie of the Son+:nn (1) The structure shall conform to all lot, yard, and bulk requirements of the district in which it is located. 11 ORDINANCE NO.2003-007 (2) The parking facilities shall be designed so as to conform to • all other ordinances of the city and all other provisions of this chapter. (3) All nonstructural portions of the exterior elevations, except for vehicular ingress and egress areas, shall, in addition to any required safety provisions, be screened by a sight block of at least fifty percent (50%) solidity for the total areas between deck levels, such sight blockage to be determined by elevation. A solid wall for fifty percent (50%) of the distance between deck levels will not be acceptable. (4) When parking facilities are located on the roof of a structure, a four (4) foot sight block shall be provided in accordance with paragraph three (3) above. The definition for height of building in section 2.10 shall apply except that the "top story" shall be determined as the story immediately below the roof deck of the parking structure. (5) The exterior elevations of the parking structure shall be designed to resemble the building elevations of the building it is intended to serve. ® (6) The size, scale, color, and building elevations of the parking structure shall be compatible with adjoining existing development. (7) The other ie�Rs standards for variances as set forth in section 10.13 (a) — (f) are met. Section 5. That except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. Section 6. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 7. 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 8. That this ordinance shall take effect immediately at the time of its passage and adoption. 12 ORDINANCE NO.2003-007 ® PASSED on first reading on February 12", 2003. PASSED AND ADOPTED on second reading on February 25th , 2003. A TEST: JRE&RH6T CHU N, JOR — OMM CHARLENEJ NSON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA -YES COMMISSIONER MIKES - YES VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FORM AND CORRECTNESS: BY: TH M J. ANsbkb CITY ATTORNEY 13 ORDINANCE NO.2003-007 . - dNIMUM SPACE REQUIFt-M E(VTS AT � VARIOUS PARKING ANGLES FOR SELF PARKING FACILITIES rae_E i i e 0 E F STALL S--*" G s.VG�E wiOTN d:S�E C.�e wep-p. morm LEyG7, MALF FULL 0• 9.0 8®v' 9.0' i2.0' 23.0' SAY 21.0' 30.9' 4 C ,g,' �� �� �2 7, 34.1' �3 2' 60• 9.0' 20.1' I i8.p' <' 90• 38 30.2' 9.0 iJ90� 2l.0' 9.0 � v I I i + :: d yGtE: 0 - Dimensions ace direction for one-way direction -ovement. movement reoutres a mtntmcr of 24 fe® om-waY rs;ardless of ;At kir,Q angle and d1.-;�31c t wide I of ►.hs abeve• ns giver. to Table Patsllel Farkinq shall be de f0ll0wtnq dtagram. sl;:,¢d ac�::dinq to the 1 - -� 6p- AGENDA REQUEST FORM CITY OF DANIA BEACH 470 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: FEBRUARY 25,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—ORDINANCE 2ND READING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2"d READING 4. SUMMARY EXPLANATION &BACKGROUND: OFF-STREET PARKING REGULATIONS—AMENDMENT ORDINANCE ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Report 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ ® 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approved this request at their January 22, 2003 regular meeting Submitted by: ;Laurence G. Leeds, AICP, Director Date February 20, 2003 l Growth Management Department .-City Manager Date GROWTH MANAGEMENT DEPARTMENT STAFF REPORT TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director DATE: February 25, 2003 RE: Amendments to the Parking Code (SECOND READING) APPLICANT: Growth Management Department The attached ordinance includes additional amendments to the parking. New language is underlined. Deleted language is stRIEk thFebgb. Major changes include: 1. Allowing a reduction in driveway width for small scale office development if approved by the Public Works/Utilities Director and the City Fire Marshall. 2. Currently, parking is not required for "outdoor restaurant seating" approved by the city commission. The code has been clarified so that this provision is ow[ ,t applicable within the Downtown Business District. 3. The parking requirement for town homes without garages has been increased from 2.2 spaces per dwelling unit to 2.3 spaces per dwelling unit. 4. The parking code for the following uses remain unchanged except that a minimum of five parking spaces is required regardless of the size of the establishment: Medical, dental, chiropractic, psychiatric, psychological, and counseling olfces; charitable, philanthropic, and civic institutions or offices; employment olfces, fortune tellers, banks, financial institutions, credit unions, pawn shops, check cashing stores, and convenience food stores 5. Duplicate provisions regulating off-site parking lots have been consolidated into one variance procedure. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval.