HomeMy WebLinkAboutO-2005-005 ZONING TEXT CHANGES C-2 C-3 AND C04 1-27-05ORDINANCE NO. 2005-005
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING ARTICLE 4, "DISTRICT
REGULATIONS," SECTION 4.20 "APPLICATION OF
REGULATIONS," TO REVISE THE "SCHEDULE OF USE
REGULATIONS" FOR THE C-1 AND C-2 ZONING DISTRICTS FOR
HOTELS, MOTELS, ATHLETIC CLUBS, MUSIC SCHOOLS,
RESTAURANTS AND BARS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach has reevaluated
the suitability of the permitted and special exception uses in the City's Commercial
Zoning Districts; and
WHEREAS, changes to Article 4, Section 4.20 "Application of Regulations"
Schedule of Use Regulations have been prepared and recommended by the City's staff,
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 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, Article 4, "District Regulations," Section 4.20 "Application of
Regulations," is amended to read as follows:
ARTICLE 4. DISTRICT REGULATIONS.
Section 4.20. Application of regulations.
Except as hereinafter provided:
(See Schedules of Regulations).
(a) No building shall be erected, added on to, reconstructed Or Structurally
altered, nor shall any building or land be used which does not comply with all the
district regulations established by this chapter for the district in which the building
or land is located.
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(d) Any use not specifically listed in the Schedule of Regulations as a permitted
use or a special exception use is prohibited in all zoning districts. Any doubt as to
whether or not a particular use is allowed either as a permitted use or a special
exception use shall be resolved against the approval of such a use.
SCHEDULE OF USE REGULATIONS
CITY OF DANIA BEACH
DISTRICT PURPOSE PERMITTEDUSES JACCESSORY1111 ISPECIAL
I I EXCEPTION USES
C-1
The purpose of this
1. Business or
1. Off-street parking
1. Public or private
district is to
professional offices,
and loading.
academic schools,
accommodate limited
excluding medical
2. Accessory uses
business schools and
professional and
offices.
customarily incident to
colleges
administrative office
2. Banks and financial
the permitted or
2. Live entertainment.
uses compatible with
institutions.
approved special
adjoining residential
3. Churches,
exception uses.
areas.
synagogues or other
houses of worship.
4. Eating and drinking
places, without live
entertainment,
provided that such use
shall not occupy more
than fifteen percent
OZ%) JZQ�jj of the
gross floor area of the
structures in which
they are located.
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C-2
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A C-2 District is
intended for retail
stores, offices, or
service
establishments with
convenient pedestrian
access throughout the
district. Retail stores
are intended to
include convenience,
fashion, and durable
goods, but intended to
exclude vehicular
oriented activities
which have large
acreage requirements
or which may
adversely impact
adjoining residential
areas. "C-2" zoning is
appropriate for
neighborhood
shopping centers,
central business
districts and
community shopping
centers.
1. All permitted uses
in C-1.
2. Retail stores,
excluding large retail
establishments,
whose principal
activity is the sale of
goods within an
enclosed building.
Provided, however,
this shall specifically
exclude automobile,
truck, trailer,
motorcycle, boat,
recreational vehicle
sales, storage,
display, service,
repair, leasing, car
washes, service
stations and thrift
shops.
3. Personal service
establishments which
perform service on the
premises, such as
repair shops (watches,
radios, televisions,
shoes,and
appliances), tailor
shops, beauty or
barber shops,
photographic studios,
and printing.
4. Business,
professional, medical,
or dental offices.
5. Banks, savings and
loans, and credit
unions.
6. Restaurants and
bars without live
entertainment,
excluding free-
standing fast food or
drive -through
restaurants.
7. Athletic clubs, af-�
drama, or music
schools when not
8. Business schools,
colleges, and private
schools.
9. Art galleries,
museums, and
libraries.
10. Hotel and metel
1. All accessory uses
set forth in C-1.
1. All special
exception uses as set
forth and as regulated
in C-1.
2. Auditoriums and
convention halls.
3. Only in districts
zoned C-2, C-3 or
both, and only when
located within the
Downtown Dania
Beach
Redevelopment
District or Dania
Beach Community
Redevelopment Area,
multifamily housing,
subject to compliance
with all restrictions
and conditions
prescribed in the City
Comprehensive Land
Use Plan.
4. Vinyl sign
fabrication and sign
printing shops as a
special exception use
(excluding metal
fabrication, sand
blasting and spray
painting processes,
5. Charitable, civic,
fraternal and
professional
organizations,
excluding social
service providers and
agencies.
6. Large Retail
Establishments.
7. Outdoor restaurant
seating accessory to
an indoor restaurant
containing at least
1,500 square feet of
gross floor area.
(a) hotel or motel must
contain a minimum of
100 rooms or suites.
(b)Guestroom access
shall be via interior
corridors.
(c) Individual wall or
window mounted air
conditioners (if used)
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ORDINANCE #2005-005
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shall not prgj2�
beyond any exterior
rppmi; Ar g''It
wall of the building.
11. Dry cleaning
establishments,
excluding self service
9. Athletic clubs or
music schools when
laundries, for direct
located in buildings
service to customers.
containing residential
12. Preparation of
use.
baked goods, sweets
and delicatessen
10. Restaurants and
bars with live
items sold primarily on
entertainment.
the premises.
13. Assembly, repair,
and fabrication of pre -
manufactured home
furnishings are
permitted in
commercial districts
subject to the
following criteria:
(a) Activity shall be
limited to art objects,
clothing, leather goods
and jewelry.
(b) Activity shall be
accessory to a lawful
retail use.
(c) The percentage of
floor area devoted to
light assembly and
fabrication shall be
limited to 49% of the
gross floor area or
4-,M 2,000 square
feet, whichever is less.
(d) Activity shall not
be visible from any the
street, and shall be
conducted with a fully
enclosed building.
14. Art and drama
schools.
15. Day Care Centers,
ORDINANCE #2005-005
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Section 2. 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 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 4. 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 5. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections and
paragraphs of the Ordinance may be renumbered or relettered to accomplish such
intentions, and that the word "Ordinance" shall be changed to "Section," "Article" or
other appropriate word.
Section 6. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on February 22, 2005.
PASSED AND ADOPTED on second reading on March 9, 2005.
CK�MCEYIEAa
MAYOR—COM SIONER
__�AT
UEST:
LOUISE STILSON
'CITY -CLERK
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY - YES
VICE -MAYOR MIKES - YES
MAYOR MCELYEA- YES
APPROVED AS AND CORRECTNESS:
BY:
TAOMA:S Y. ASBRO
CITY)ATTORNEY
R
ORDINANCE #2005-005
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: MARCH 9,2005
2. DESCRIPTION OF AGENDA ITEM: 2 ND READING ORDINANCE — C-DISTRICTS ZONING
3. COMMISSION ACTION BEING REQUESTED: PUBLIC HEARING ADOPT ORDINANCE Z
4. SUMMARY EXPLANATION & BACKGROUND:
An Ordinance amending the C zoning districts relating to hotels, motels, restaurants, bars,
health clubs and music schools.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
ORDINANCE
PUBLIC HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: Dept:
Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF
Submitted by:
Laurence G. Leeds, AICP, Director Date February 24, 2005
Community Development Department
City Manager
Date
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CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: March 9, 2005
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director 6. 6"__
SUBJECT: Zoning Code Amendment Changing the List of Permitted
and Special Exception Uses in the C-1, C-2, C-3, and C-4
Zoning Districts relative to Hotels, Motels, Athletic
Clubs, Music Schools, Restaurants and Bars (SECOND
READING).
Two years ago, the Zoning Code was supposed to be amended to regulate hotels and
motels containing 100 or more rooms as a special exception use. The 2002 ordinance
was adopted with 100 room city-wide minimum, but still lists hotels and motels as a
permitted use. The proposed text change implements staff's original objective to
regulate all hotels and motels (minimum 100 rooms) as a special exception use subject
to conditions.
The other amendments address noise impacts from certain commercial uses located in
the same building as residential use.
Restaurants and bars having live entertainment (i.e.; DJ, live band, or other
live entertainment) would be subject to special exception review when located
in a residential building. Restaurants and bars without live entertainment
would remain a permitted use in a commercial building or shopping center.
Athletic Clubs and music schools located in a residential building would be
subject to special exception review. Athletic Clubs and music schools would
remain a permitted use in a commercial building or shopping center.
CITY COMMISSION PREVIOUS ACTION
February 22, 2005 the City Commission approved this text amendment on first reading.
PLANNING AND ZONING BOARD RECOMMENDATION
February 16, 2005 the Planning and Zoning Board recommended approval.
C- I and C-2
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NOTICE OF CHANGE OF ZONING REGULATIONS
PUBLIC HEARING,
CITY OF DANIA BEACH.
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City
Commission, on Wednesday, March 9, 2005 at 7:00 p.m.,. or as soon thereafter as
possible, in the City Commission Room, Administrative Center, 100 West Dania Beach
Blvd., Dania Beach, Florida 33004, for the purpose of adopting the following ordinance on
first reading:
AN ORDINANCE AMENDING CHAPTER. 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 4,
i,biSTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS: TO
REVISE THE "SCHEDULE OF USE REGULATIONS" FOR THE C-1 AND C-2 ZONING
DISTRICTS FOR HOTELS, MOTELS, ATHLETIC CLUBS, MUSIC SCHOOLS,
RESTAURANTS AND BARS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDI14G FOR AN EFFECTIVE DATE.
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City of Dania Beach
Boundary Map
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This ordinance affects properties throughout the entire city. Copies of the proposed
ordinance is available for viewing in the Community Development Department, 100 West
Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m.,
Monday - Friday. Interested parties may appear at thepublic hearing and be heard with
respect to, the proposed zoning changes.
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, and (954) 924-3622 at least 48 hours prior to
meeting.
Any person who decides to appeal any d ' ecision made by the Local Planning Agency, the
Planning and Zoning Advisory Board or 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.
Lou Ann Cunningham
Planning Associate