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
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PARKING FACILITIES
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0• 9.0 8®v' 9.0' i2.0' 23.0' SAY
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yGtE: 0 - Dimensions ace direction for one-way direction -ovement.
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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.