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Home My WebLink AboutO-2005-003 Supplementary lot regulations of walls, fences and hedgesORDINANCE NO. 2005-003 to AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, ENTITLED "ZONING", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTIONS 5.36 "WALLS, FENCES AND HEDGES" AND 5.44, "ACCESSORY STRUCTURE, MINIMUM YARD LOT AND BULK REGULATIONS" OF THE CITY CODE OF ORDINANCES TO PRESCRIBE REQUIREMENTS FOR HEIGHTS OF FENCES, HEDGES OR WALLS LOCATED ON PROPERTY ABUTTING WATERWAYS (SECTION 5.36) AND PRESCRIBING HEIGHT AND OTHER LIMITATIONS AND RESTRICTIONS APPLICABLE TO RESIDENTIAL ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been proposed that Chapter 28 "Zoning," Article 5, "Supplementary Lot Regulations,", Sections 5.36, Walls, Fences and Hedges" and 5.44, "Accessory Structures; Minimum Yard Lot and Bulk Regulations"of the Dania Beach Code of Ordinances be amended to prescribe requirements for heights of fences, hedges or walls located on property abutting 40 waterways (Section 5.36) and prescribing height and other limitations and restrictions applicable to residential accessory structures (Section 5.44); and WHEREAS, the City Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance at its February 16, 2005 meeting and recommended its approval to the City Commission; and WHEREAS, public notice of the proposed adoption of this Ordinance was provided in accordance with law; and WHEREAS, the City Commission finds that this Ordinance is 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: 0. Section 1. Chapter 28 "Zoning," Article 5, "Supplementary Lot Regulations,", is Section 5.36, Walls, Fences and Hedges", of the Dania Beach Code of Ordinances is amended to read as follows: ARTICLE 5. SUPPLEMENTARY LOT REGULATIONS 5.30. Yard Regulations. 0 0 0 0 a 5.36 WALLS, FENCES AND HEDGES. Walls, fences or hedges may be located or constructed within the required yard areas and shall conform to the following regulations, except where special requirements are set forth for specific screening purposes elsewhere in this chapter. (a) Front yard Walls3-.gr fences and/er- hedg located between the front building line and the street right-of-way line shall not exceed four (4) feet in height. The height of a waII3 or fence located in a required front yard shall be measured on the street side of the wall� or fence or- hedge from the top of the wall� or fence or- hedge and shall not exceed four (4) feet in height above the grade of the crown of the street at a point directly opposite such points of measurement. (b) Side and rear yards. Walls, fences and/ef hedges located between the side or rear building line and the side or rear lot line shall not exceed six (6) feet in height. This includes the rear street yard of a through lot and the required street side yard of a comer lot. The height shall be measured on either side of the wall, fence or hedge from the top of the wall, fence or hedge to grade. Where there is a difference in elevation on opposite sides of the wall, fence or hedge, the height shall be measured from the highest elevation. For any property abutting a waterway or canal, no opaque fence, hedge, or wall located within 10 (ten) feet of the edge of the waterway shall be permitted to exceed five (5) feet in height measured from the height of the adjacent seawall; provided, however, a non -opaque fence shall be permitted to be erected up to six feet in height. 0 5.40. Miscellaneous lot regulations. 0 0 5.44. ACCESSORY STRUCTURES; MINIMUM YARD, LOT AND BULK REGULATIONS (a) Unattached accessory structures in R-Districts. Accessory structures, without kitchen facilities, which are located no closer than ten (10) feet to a principal structure and which accessoKy structures are defined as any structures 2 ORDINANCE #2005-003 unattached and to a principal structure, may be erected in accordance with the following requirements: (1) No accessory structure shall be located within ten (10) feet of a side or rear lot line. (2) For comer or through lots the street side yard or rear street yard setback shall be the same for accessory structures as for principal structures. (3) No accessory structure shall be located closer to the street than the required front yard setback for a principal structure in the district in which such accessory structure may be located. (4) An aeeessei-y stmetut:e not emeeeding twelve (12) feet in height nia� eeeupy not niefe than thirty (30) per-eent of a Fequir-ed FeaF yaFd exeept tha s defined, may eeeupy an additional twenty (20) peFeent of a FequiFed rear- 5,aFd. 14oweveF, in no ease shall all aeeessefy stmettn:es- ineluding a . - :;tipy fner-e than fifty (50) peFeent of a-fequif-ed- F-e-af yar-d. -Accessory structures shall not exceed ten (10) feet in hei�zht, or fourteen (14) feet in height to the top of a peaked roof, whicheyer is less. AccessoKy structures, including awnings, shall not occupy more than fort (40%) percent of the gross floor area of the principal structure or up..to.a maximum of 750 square feet, whichever is less. (5) Accessory structures shall not be. permitted in any part of a lot necessaly to comply with parking requirements for the principal use. (6) Accessory structures shall not contain kitchens. (b) Attached accessory structures in R-Districts. When an accessory structure is located within ten (10) feet to a principal structure, it is considered attached and shall comply in all respects with the lot, yard and bulk requirements of this chapter applicable to the principal structure, in addition to the follow requirements-.: 1) Accessory structures shall not exceed ten (10) feet in heiRht, or fourteen (14) feet in height to the top of a peaked roof, whichever is less. Accessory structures, including awnings, shall not occupy more than (40%) percent of the gross floor area of the principal structure or up to maximum of 750 square feet, whichever is less. (2) Accessory structures shall not be._permitted in any part of a lot necessary to comply with parking requirements for the principal use. 0 (3) Accessojy structures shall not contain kitchens. 3 ORDINANCE 42005-003 . .. ......... ... P ow . ...... . . . ... . ............ "MMMMMMIT P.MIMPMUMPPIMMI.W... 0 0 0 Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED and ADOPTED on first reading on March 9, 2005. 0 PASSED and ADOPTED on second reading on March 22, 2005. ATTEST: -A --LOUISE STILSON CITY CLERK ANNE CASTRO MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - ABSENT COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: BY: THOMA JVXNSBRO C11 �TORNEY M ORDINANCE #2005-003 AGENDA REQUEST FORM CITY OF DANIA BEACH 0 AGENDA ITEM NO. I?. 4q 1. DATE OF COMMISSION MEETING: MARCH 22, 2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — 2 ND READING ORDINANCE — CHAPTER 28 ZONING, ARTICLE 5, SUPPLEMENTARY LOT REGULATIONS: 5.36 Walls, Fences and Hedges (Waterways) 5.44 Accessory Structures, Minimum Yard Lot and Bulk Regulations 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2" READING Z 4. SUMMARY EXPLANATION & BACKGROUND: An Ordinance amending regulations concerning: 1) Height and setbacks of fences, walls, and hedges adjacent to canals (requested by Marine Advisory Board), and 2) Height and size of accessory structures in residential zoning districts (requested by Community Development Department). 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 March 11, 2005 Community Development Department City Manager 0 Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: March 22, 2005 TO: Ivan Pato,, City Manager VIA: Laurence Leeds, AICP, Director 6 �� SUBJECT: SECOND READING: An Ordinance amending regulations concerning: 1) Height and setbacks of fences, walls, and hedges adjacent to canals (Marine Advisory Board). 2) Height and size of accessory structures in residential zoning districts (Community Development Department) FENCES, WALLS, AND HEDGES: Currently, fences and walls are permitted up to six (6) feet in height along side lot lines (There is no limit on hedge height). The Marine Advisory Board wishes to 40 preserve visual corridors for canal lots. As such, the MAB requested a zoning code change to limit opaque fences, walls, and hedges to five (5) feet when located within 10 feet of a canal. Historically, the city has not regulated hedge height except at the intersection of two streets for visual corner clearance. The proposed zoning text change creates a second exception (canal lots) where hedge height will be regulated. Staff has requested a representative of the Marine Advisory Board attend the City Commission meeting. HEIGHT AND SIZE OF ACCESSORY STRUCTURE: There is no size limitation for accessory structures (garage, roofed patio, sheds, etc.) in residential districts. Accessory structures are allowed up to 14 feet in height, allowing a flat roofed garage nearly 14 feet high. The proposed ordinance (1) limits total accessory structures to 40% of the principal building size or 750 square feet, which ever is less, and (2) limits building height to 10 feet for a flat roof or 14 feet for a pitched roof (highest point). These new requirements are intended to assure that accessory buildings are consistent in size and scale with the existing single family home. 0 PLANNING AND ZONING BOARD RECOMMENDATION: Approval. Fences and Accessory Structures 3-22-05 Ul 0 0