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HomeMy WebLinkAboutO-2004-037 Scrivener's Error re IROM. 0 ORDINANCE NO. 2004-037 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE ADOPTION OF ORDINANCE 2004-009 TO REINSTATE THE "IROM" ZONING DISTRICT REGULATIONS BY ADOPTION OF ARTICLE 18 "INDUSTRIAL - RESEARCH -OFFICE -MARINE (IROM) DISTRICT"; PROVIDING FOR REPEAL OF CERTAIN TEXT IN ARTICLE 4, "SCHEDULE OF USE REGULATIONS" AND "SCHEDULE OF LOT YARD AND BULK REGULATION" REGARDING THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission ("City Commission") of the City of Dania Beach ("City") updated and revised its Industrial -General (IG) District regulations with the adoption of Ordinance No. 2004-009 on March 23, 2004; and WHEREAS, a scrivener's error in Ordinance No. 2004-009 resulted in the 0 removal of the "Industrial -Research -Office -Marine (IROM) District" from Article 27 of Chapter 28 "Zoning" of the City's Code of Ordinances and its replacement with new IG District regulations; and WHEREAS, the Commission wishes to reinstate the "Ind ustrial-Research-Office- Marine (IROM) District" in Article 18 of Chapter 28 "Zoning" of the City's Code of Ordinances, which regulations are attached hereto as Exhibit A; and WHEREAS, certain provisions of Article 4 "Schedule of Use Regulations" related to the Ind ustria [-Genera I (IG) District Regulations are no longer effective with the adoption of the IG District regulations by Ordinance No. 2004-009 and should be repealed; and WHEREAS, pursuant to law, notice has been given of this proposed ordinance toas required pursuant to Section 166.041, Florida Statutes, notifying the public of this I ORDINANCE NO. 2004-037 9 proposed ordinance and of a public hearing; and WHEREAS, the Local Planning Agency of the City of Dania Beach has reviewed this proposed ordinance at a duly noticed public hearing and finds the ordinance consistent with the City Comprehensive Plan; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which the parties in interest and all other citizens so desiring had an opportunity to be heard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. 0 Section 2. That Article 18 "Industrial -Research -Office -Marine (IROM) District" of Chapter 28 "Zoning" of the City's Code of Ordinances is created to reinstate the text that was inadvertently repealed by adoption of Ordinance 2004-009, which Article 18 shall read as in Exhibit A, attached hereto and incorporated herein. Section 3. That Article 4 "Schedule of Use Regulations" of Chapter 28 of the Code of Ordinances is hereby amended as follows: ARTICLE 4. DISTRICT REGULATIONS Section 4.20 Application of regulations. 2 ORDINANCE NO. 2004-037 -4. 0 SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PURPOSE PERMITTED ACCESSORY SPECIAL USES USES EXCEPTION USES SCHEDULE OF LOT, YARD AND BULK REGULATIONS CITY OF DANIA BEACH, FLORIDA LOT YARD BULK SIDE MINIMUM MAXIMUM MINIMUM MAXIMUM ST. DISTRICT Area Width Depth Density Front Both Rear Height Coverage (Ft.) (Sq. Ft.) (Ft.) (Ft.) (DU's/Gross (Ft.) /One (Ft.) (Stories/ (Percent) Acre) (Ft.) Ft.) 3 ORDINANCE NO. 2004-037 E 0 Section 4. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 5. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 7. That this ordinance shall be in force and take effect immediately upon adoption. PASSED on first reading on October 26, 2004. PASSED AND ADOPTED on second reading on November 9, 2004. ---!ATTEST- b6ij -LOUISE STILSON CITY CLERK C.k. MCE1YW MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN —YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES- YES MAYOR MCELYEA - YES APPROVED AS TO F RM AND CORRECTNESS: BY: THbmA,�s'VANSBRO CITY ATTORNEY 4 ORDINANCE NO. 2004-037 0 EXHIBIT A ARTICLE 18. INDUSTRIAL RESEARCH -OFFICE -MARINE (IROM) DISTRICT 18.10. Purpose. The Industrial -Research -Office -Marine (IROM) District is intended to accommodate marine, office,, light industrial, and research uses which are conducted within completely enclosed buildings and which have limited impact outside of a building. Some marine uses are permitted to be located outside of a completely enclosed building, subject to the conditions contained in this article or subject to special exception approval as regulated by section 10. 12 of the Zoning Code and the applicable provisions of this article. This district is also intended to permit some commercial uses, as either a permitted use or a special exception use subject to section 10.12 of the Zoning Code and the applicable provisions of this article. 18.20. Permitted uses. No building, structure, land, water, or part thereof, shall be erected, altered, or used, nor shall the premises be used in whole or part for other than one (1) or more of the following specified uses: (a) Research, product development and testing, engineering development, and marketing development, within a completely enclosed building, provided the applicant demonstrates that said use shall not cause or result in dissemination of dust, smoke, corrosion, noxious fumes, odor, noise, vibration, harsh glare or visual hazard to vehicular or air traffic beyond the building within which the use is conducted and provided that such uses shall not pose a risk to persons by reason of fire, explosion, radiation, discharge of waste materials or other environmental hazards, and provided that the uses shall be subject to the following additional conditions: The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 2. Distribution permitted as an accessory use clearly incidental to the primary research use. 3. Outdoor storage of any materials, supplies, machinery, equipment, components or parts shall be prohibited. (b) Light industrial uses, which mean and include light manufacturing, light fabrication, processing, assembly, and testing of products (including marine products or boat or ship components), within a completely enclosed building, provided the applicant demonstrates that said use shall not cause or result in dissemination of dust, smoke, corrosion, noxious fumes, odor, noise, vibration, harsh glare or visual hazard to vehicular or air traffic beyond the building within which the use is conducted and provided that such uses do not pose a risk to persons by reason of fire, explosion, radiation, discharge of waste materials or other environmental hazards, and provided that the uses shall be subject to the following additional conditions: The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 2. Distribution permitted as an accessory use clearly incidental to the primary light industrial use. 3. Outdoor storage of any materials, supplies, machinery, equipment; components or parts shall be prohibited. (c) Data processing and computer centers, including service and maintenance of electronic data processing equipment. 0 (d) Offices, banks, and savings and loans. (e) Accessory retail uses within an office, industrial or off ice -showroom -warehouse building, not to exceed twenty (20) percent of the gross floor area of the office, industrial or off ice -showroom -warehouse building. Retail uses as a principal use as permitted and regulated by section 18.20(v) 4. of this article. (f) Marine -related retail, within a completely enclosed building, as an accessory use to a marina, marina complex or off ice-showroom-wareho use complex. (g) Marine -related retail use within a completely enclosed building, subject to the provisions of the City of Dania Beach Future Land Use Element and Broward County Land Use Plan. (h) Combined off ice-s howroom -warehouse facilities subject to the following conditions: 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). 2. The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in these portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 3. Distribution permitted as an accessory use clearly incidental to the primary office -warehouse -showroom use. 4. Outdoor storage of any materials, supplies, machinery, equipment, components or parts shall be prohibited. 5. For the purposes of this article, showroom use shall be defined as the indoor display of materials, equipment, or products offered for sale primarily on a wholesale basis. Showroom uses may include the display of furniture and home furnishings, lighting, electrical, mechanical, and plumbing equipment, large appliances, carpeting, tile, cabinets, or marine equipment. 6. For the purposes of this article, parking for showroom use shall be provided at a rate of one space per each four hundred (400) square feet of gross showroom floor area. City of Dania Beach governmental, administrative, community, service, or office facilities. Docks and docking of boats and ships not over two hundred (200) feet in length, including the operation of charter boats, but specifically excluding and prohibiting the operation of gaming vessels and personal watercraft rental or leasing. (k) Machine shop, sheet metal shop, welding shop, or tool and die shop conducted within a completely enclosed building and subject to the following additional conditions: 1 . The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 2. Outdoor storage of any materials, supplies, machinery, equipment, components or parts shall be prohibited. 3. The machine shop, sheet metal shop, welding shop, or tool and die shop shall be located at least five hundred (500) feet from any property with a "Residential" Land Use Plan designation. (1) Assembly and repair (excluding painting and manufacturing) of boats not over two hundred (200) feet in length when 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. (m) Manufacturing and painting of boats not over two hundred (200) feet in length when conducted within a completely enclosed building that is located at least five hundred (500) feet from any property with a "Residential" Land Use Plan designation. (n) Sales, leasing, display, or storage of fully -assembled new boats (including new boat trailers) 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 the Zoning Code and Chapter 26 (Vegetation) of the City Code. (0) Boat sanitary waste pump -out facilities clearly incidental and accessory to an established marina. (p) Convention and conference centers. (q) Graduate or post graduate educational facilities, trade, technical or vocational schools. (r) Medical and dental laboratories. (s) Document preparation and processing service (including publishing and printing). M Air conditioning, carpentry, woodworking, flooring, cabinet, furniture, plumbing, electrical, glass, marine, cloth or canvas, appliance repair shop, or related repair, service, or contractor shop when said use is conducted within a fully enclosed building and subject to the following additional conditions: 1 The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include pedestrian scale architectural treatment, significant use of window 0 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. 2. Outdoor storage of any raw or finished materials, supplies, machinery, equipment, components or parts shall be prohibited. (u) Motion picture production or recording studio, when conducted within a completely enclosed building, unless expressly and specifically waived by the city commission. The following commercial uses, subject to the provisions of the City of Dania Beach Future Land Use Element and Broward County Land Use Plan: Hotels containing one hundred (100) or more rooms subject to the following: a. Guestroom access shall be via interior corridors. b. Individual wall or window mounted air conditioners (if used) shall not project beyond any exterior wall of the building. 2. Restaurants (excluding drive-in, drive -through, and freestanding fast food restaurants) and lounge facilities. 3. Pharmacy or drug store. 4. Shopping center containing at least fifty thousand (50,000) square feet of gross floor area and allowing uses specifically identified as "permitted uses" in the City of Dania Beach C-2 Commercial District. 1H (w) For those properties identified as Plats 3, 7, and 8 in the Interlocal Agreement 0 between Broward County and the City of Dania pertaining to Expansion and Jurisdiction of Fort Lauderdale -Hollywood International Airport, executed by the City of Dania Beach on October 17, !995, and by Broward County on September 12, 1995, the following additional uses shall be permitted: Airport -related and airport -compatible uses, including rental car facilities and storage lots, long-term 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. Regulated uses (adult entertainment), if in compliance with Article 31 18.30. Prohibited uses. The permitted enumerated uses in section 18.20 above shall not be construed to include any of the following prohibited uses, which are indicated for emphasis and clarification: (a) Outdoor sales, storage or display of lumber, building materials, or building supplies. (b) Sales, leasing, rental, service, display, storage, repair or parking (including fleet parking and "pay" parking Iota) of any of the following: automobile, aircraft, bus, truck, motorcycle, tractor trailer, recreational vehicle, construction equipment or mobile home. 0 (c) Service stations. (d) Drive-in restaurants, drive -through restaurants, and freestanding fast food restaurants, except for fast food restaurants that are physically attached by a common wall to a shopping center containing in excess of fifty thousand (50,000) square feet of gross floor area. (e) Churches, synagogues, and other houses of worship. (f) Foundry. (g) Drop forging. (h) Manufacture of power blends, potting compounds, plastisol, water -based or epoxy - based coatings, adhesives, sealants, and paints. 0) Manufacture of varnish or paint. 0) Oil compounding or barreling. (k) Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products derived from them. Manufacture of acids, carbon, disinfectants, poisons, insecticides, and batteries. (1) Pistol or riflei range. (m) Lumber or planing mill. (n) Meat processing, slaughtering. (0) Fish smoking, curing and canning. (p) Sale, manufacturing, or storage of explosives or fireworks. (q) Production, refining or bulk storage of gas, oil, or fuel. (r) Solid waste transfer, processing, recycling, or disposal facilities. (s) Penal, correctional, detention, re-entry, or rehabilitation facilities involving adults, adolescents, or children. W Gaming ships, rental of personal watercraft. (u) Any outdoor storage of materials (raw or finished), supplies, machinery, equipment, components or parts, including outdoor storage of mechanical, electrical, plumbing, telecommunication, or construction equipment and vehicles and materials, except as specifically permitted and regulated by this article. M Commercial or retail uses except as specifically permitted and regulated by this article. (w) Transitional, temporary, indigent, or emergency housing. N Day labor employment office. (Y) Truck or bus terminal. W Check cashing store. (aa) Gun or pawn shop. (bb) Any residential use, except that one accessory residential unit may be provided as a caretaker's or property manager's living unit. (cc) Gaming establishments, including bingo and related activities. (dd) Parking lot as a principal use, including "pay" or "employee" parking lots. (ee) Rental car facilities. (ff) Adult entertainment. (gg) Container storage. 18.40. Special exception uses. The following special exception uses may be permitted subject to special exception review by the planning and zoning advisory board and the city commission as per section 10. 12 of the Zoning Code. (a) Electrical substations or related electrical facilities, excluding electrical generating facilities, when located at least five hundred (500) feet from any property with a "Residential" Land Use Plan designation. M (b) Water or sanitary sewer treatment facilities, when located at least five hundred (500) feet from any property with a "Residential" Land Use Plan designation. M Entertainment use. (d) Retail boat fuel sales, clearly incidental and accessory to an established marina, in conjunction with boat sanitary waste pump -out facilities, unless said waste pump out facilities are expressly waived by the city commission as part of the special exception review process. (e) Storage or warehouse facilities containing less than ten (10) percent office or showroom space subject to the following: The architectural treatment of the building(s) should, to the greatest extent possible, based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 2. Distribution permitted as an accessory use clearly incidental to the primary light industrial use. 3. Outdoor storage of materials, supplies, machinery, equipment, Components or parts shall be prohibited. 4. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed twenty-five (25) percent of the site area. M Gym or health club. (g) Distribution facility as a principal use subject to the following additional conditions: 1 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). 2. Building lot coverage (fully enclosed air conditioned space) shall meet or exceed twenty-five (25) percent of the site area. 3. The architectural treatment of the building(s) should, to the greatest extent possible, [be] based on the size, configuration, and location of the development parcel, resemble that of an office building, particularly in those portions of the building(s) facing public rights -of -way or adjoining residential areas. This may include 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. 4. Outdoor storage of any materials, supplies, machinery, equipment, components, or parts shall be prohibited. (h) Day labor or temporary employment offices or agencies, if separated from similar uses by 7 at least one thousand (1,000) feet, from parks, schools, and residentially zoned or used land by at least one thousand (1,000) feet, from arterial or collector roadways 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 property line. 18.50. Required conditions. (a) Unless otherwise provided, all activities, including sale, display, preparation, and storage, shall be conducted within a completely enclosed building. (b) Loading and unloading areas shall be permitted in a rear yard or side yard. Loading areas may be permitted in a front yard if the size and configuration of the parcel makes rear yard or side yard loading impractical and said front yard loading arrangement is expressly approved by the city commission. (c) Access to the loading/un loading areas shall be designed in such a manner as to allow trucks to enter and leave the site without having to back from or onto a public street. If the size or configuration of a parcel makes it impractical to enter or leave the site without having to back from or onto a public street, the city commission may approve backing from or onto a public street. (d) No use shall produce smoke, harsh glare, or visual hazards, nor shall any use produce electronic interference with navigation signals or radio communication between aircraft and the Fort Laude rdale- Hollywood International Airport. (e) For those parcels located north of Griffin Road and/or north of the Dania Cut -Off Canal, the applicant shall provide documentation of written notice to the Broward County Aviation Department of the proposed site plan and the maximum height of all structure on the site plan, This documentation shall be provided prior to site plan approval by the planning and zoning advisory board. (f) All new construction in excess of five hundred (500) square feet shall receive site plan review by the planning and zoning advisory board and approval by the city commission prior to issuance of a building permit. 18.60. Area requirements. (a) Height. No building or structure, or part thereof, shall exceed a height prescribed by the Federal Aviation Administration or Broward County Aviation Department provided however, no building shall exceed sixty-two (62) feet or five (5) stories in height. Permitted exceptions or variances to this subsection must be approved by a four -fifths (4/5) vote of the membership of the city commission. (b) Percentage of lot coverage. Buildings, structures or impervious surfaces shall cover no more than seventy (70) percent of total lot area as regulated by and pursuant to section 29.10 of the City of Dania Beach Zoning Ordinance. (c) Yards. 0 (1) The required yard abutting any street or public thoroughfare shall be a minimum of thirty NN (30) feet or one (1) times the building height, whichever is greater. The perimeter landscape buffer shall be provided as per Chapter 26 of the City Code (Vegetation) and is shall not contain parking. Provided, however, the city commission may reduce the thirty (30) foot setback requirement if the size, width, depth, configuration, or location of a parcel makes it impractical to provide the required setback. (2) The required yard abutting property with a "Residential" Land Use Plan designation (or located across the street from property with a "Residential" Land Use Plan designation) shall be a minimum of fifty (50) feet or one (1) times the building height, whichever is greater. The perimeter landscape buffer shall be provided as per Chapter 26 of the City Code (Vegetation) and shall not contain parking. (3) The required interior side or rear yard, when not abutting property with a "Residential" Land Use Plan designation, or when separated by a waterway from property with a "Residential" Land Use Plan designation, shall be a minimum of twenty (20) feet or one- half (1/2) times the building height, whichever is greater. The perimeter Isndscape buffer shall be provided as per Chapter 26 of the City Code (Vegetation) and shall not contain parking. Provided however, the city commission may reduce the twenty (20) foot setback requirement if the size, width, depth, configuration, or location of a parcel makes it impractical to provide the required setback, but in no case shall the setback be less than ten (10) feet. (4) Landscaping abutting any property with a "Residential" Land Use Plan designation shall include, but not be limited to, a six (6) to eight (8) foot masonry wall constructed adjacent to the residential property line pursuant to the requirements of the Zoning Code and Chapter 26 of the City Code (Vegetation), and shall not contain parking. 0 18.70. Approval of site development plan. (a) No building or structure, or part thereof, in excess five hundred (500) square feet shall be erected, or used, or land or water used, nor shall any building permit be issued therefore, unless a site development plan for such building, structure or use has been reviewed by the planning and zoning advisory board and approved by the city commission. (b) Any such building, structure or use shall be erected, installed and maintained in full conformity with the provisions of the zoning ordinance and with a site development plan reviewed by the planning and zoning advisory board and approved by the city commission. M In reviewing and approving such site development plan, the planning and zoning advisory board and city commission shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure or use and their appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards, open spaces and relationship to adjacent property. The planning and zoning advisory board may recommend and the city commission may attach to its approval of the site development plan any reasonable conditions as are necessary to further the purpose of this article. (d) A site development plan for the purposes of this section shall include, but not necessarily be limited to, the following plans, designs, specifications and information: 0 (1) Preliminary paving, grading, and drainage plan with grades or contours. 6 (2) Elevations, floor plans and uses of all buildings and structures. (3) Location and character of all facilities for waste disposal. (4) All curb cuts, driveways, parking areas and loading areas. (5) All walks, yards and open spaces. (6) Location, size, character, height and orientation of lighting. (7) Location, height and general character of walls and fences. (8) Landscape plan. 18.80. Lawfully existing development. 10/05/04 E For the purposes of this article, all uses, structures and area development features (such as, but not limited to, setbacks, landscaping and parking) lawfully existing upon the effective date of this article, which do not otherwise meet the requirements of this article, may lawfully continue unless and until abandoned as provided in Article 8 of this chapter. For the purposes of this article, an existing group of structures designed as a single site or operating as a single site as of the effective date of this article shall be known as a "project." Such uses within a project may change as to the location of nonconforming existing uses within buildings located in the project so long as the square footage of those respective uses is not increased in its totality within the project. Destruction of a single structure not located within a project shall be governed as provided in Article 8 of this chapter. Furthermore, if more than sixty-five (65) percent of the gross floor area of the structures within a project is destroyed by casualty or act of God, the destroyed structures within the project shall be rebuilt only in accordance with these regulations; provided, however, if sixty-five (65) percent or less is destroyed, the structure or structures may be restored or reconstructed so long as the structure(s) shall not exceed the floor area which existed prior to the damage. If a structure contains multiple spaces, the spaces may be combined so long as such combination does not expand a nonconforming use. 10 0 0 TLAIII AMENDMENT Date: November 9, 2004 — 2nd & Final Reading Time: 7:00 p.m., or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, Florida 33004 A Public Hearing will be conducted by the City Commission relating to zoning text which references the Industrial Research Office Marine and the Industrial General zoning districts. The ordinance reads as follows: AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE ADOPTION OF ORDINANCE 2004-009 TO REINSTATE THE "IROM" ZONING DISTRICT REGULATIONS BY ADOPTION OF ARTICLE 18 "IN DUSTRIAL- RESEARCH -0 FFI CE-MARI N E (IROM) DISTRICT"PROVI DING FOR REPEAL OF CERTAIN TEXT IN ARTICLE 4, "SCHEDULE OF USE REGULATIONS"AND "SCHEDULE OF LOT YARD AND BULK REGULATION" REGARDING THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Port Ev H.14-d r_j 0 DANIA BEACH Btj- City of Dania Beach Boundary Map For information about the changes to the City of Dania Beach's Code of Ordinances Chapter 28, Zoning, contact the City's Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida, (954) 924-3645 between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the public hearing. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Publish: Friday, October 29, 2004 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 9,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — A TEXT AMENDMENT REFERENCES THE INDUSTRIAL RESEARCH OFFICE MARINE AND THE INDUSTRIAL GENERAL ZONING DISTRICTS. 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2 N' READING Z 4. SUMMARY EXPLANATION & BACKGROUND: AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE ADOPTION OF ORDINANCE 2004-009 TO REINSTATE THE "IROM" ZONING DISTRICT REGULATIONS BY ADOPTION OF ARTICLE 18 "INDUSTRIAL -RESEARCH -OFFICE -MARINE ([ROM) DISTRICT"; PROVIDING FOR REPEAL OF CERTAIN TEXT IN ARTICLE 4, "SCHEDULE OF USE REGULATIONS" AND "SCHEDULE OF LOT YARD AND BULK REGULATION" REGARDING THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff report Ordinance Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: DEPT: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: AMOUNT: $ Planning and Zoning Advisory Board reviewed this request at their October 20, 2004 regular meeting. See Staff Report for recommendation. Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date October 27, 2004 Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 9, 2004 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director 6. & FROM: Corinne Church, AICP, Principal Planner C/110 SUBJECT: The City of Dania Beach is proposing a text amendment to add the Industrial -Research -Office-Mari ne (IROM) zoning district to the City's Zoning Code (SECOND READING). On August 8, 2000 the City Commission adopted the creation of the IROM zoning district. On March 23, 2004 a text amendment revising the Industrial General (IG) zoning district (Ordinance No. 2004-009) was passed that inadvertently eliminated the IROM zoning district from the City's Zoning Code. The attached ordinance will reinstate the IROM zoning district in Article 18 of the City's Zoning Code. In addition, this ordinance will eliminate the original IG district regulation from Article 4, which were duplicated and expanded in the previous text amendment. The City's legal consultant, Weiss Serota Helfman et. al., has advised staff that the IROM zoning district must again be adopted by the City as a text amendment. Staff is recommending no changes to the IROM district regulations. CITY COMMISSION PREVIOUS ACTION On October 26, 2004 the City Commission approved the text amendment on first reading. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, on October 20, 2004, recommended approval of this text amendment. STAFF RECOMMENDATION Approval. 0