HomeMy WebLinkAboutO-2005-020 Pools Home Office (Ch 28 Art 6)ORDINANCE NO. 2005-020
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING",
OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE
6, "SUPPLEMENTARY USE REGULATIONS", SECTION 6.12,
"SWE\4MING POOLS," TO CLARIFY REGULATIONS PERTAINING
TO SWIMMING POOLS AND TO ADD NEW REGULATIONS
PERTAINING TO POOL DECKS; AMENDING SECTION 6.16,
"HOME OCCUPATIONS TO REVISE REGULATIONS RELATING
TO "HOME OFFICES55; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Dania Beach has determined
that revisions are needed to the City Zoning Code; and
WHEREAS, the City's Planning and Zoning Advisory Board, at its May 18,
2005 meeting, sitting as the local planning agency, has reviewed this Ordinance and
0 recommended its approval to the City Commission; and
WHEREAS, the City 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", Section 6,.12, "Swimming Pools" and
Section 6.16, "Home occupations", of the Code of Ordinances of the City of Dania
Beach, Florida are amended to read as follows:
E
9 ARTICLE 6. SUPPLEMENTARY USE REGULATIONS
0
6.12. Swimming Pools. Swimming pools and pool decks, not to be enclosed by a
structure other than fences as required or permitted by city code, may be constructed
within yard areas except the required front yard or required street side yard as prescribed
by this chapter. Pools shall not be placed within a utility or drainage easement. No part
of a pool or pool deck may protrude more than six (6) inches above the finished gretift-d
lev-e4 the first floor building ele.vation and pool decks and pool walls at the water edge
shall be at least five (5) feet from the lot lines; provided, however, that sucTfive (5) foot
limitation shall not 4pply to any property which has a rear lot line abutting a canal or
other waterwa . Screen enclosures for swimming pools shall be located not less than five
(5) feet from side and rear lot lines and maintain a minimum fifteen (15) feet street side
yard setback. In deten-nining the percentage of lot coverage by buildings, swimming
pools and pool decks shall not be counted in such computation. Swimming pools and
pool decks shall be counted as impervious area.
6.16. Home occupations.
(d) Professional - Home Ooffices, excluding medical, counseling, and dental
offices, are to be reviewed and appFoved by eity eommi are permitted, provided that
no transactions or meetings are made in person on the premises.
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
is holding shall not affect the validity of the remaining portions of this Ordinance.
2 ORDINANCE #2005-020
is
Section 5. That this Ordinance shall take effect immediately at the time of its
passage and adoption.
PASSED on first reading on June 14, 2005.
PASSED AND ADOPTED on second reading on June 28, 2005.
'ATTEST:,
LOUISE STILSON
XITY CLERK
0, C,,c
ANNE CASTRO
MAYOR—COMMlSSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
VICE -MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THdM A � JAkf4SjjR_O
CITY ATTORNEY
9
ORDINANCE #2005-020
AGENDA ITEM NO. C70
1. DATE OF COMMISSION MEETING: JUNE28,2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARINGS —ZONING CODE TEXT AMENDMENT
Amending the regulation of pool setbacks and home occupation zoning.
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2 ND READING Z
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
ORDINANCE
STAFF MEMORANDUM
PUBLIC HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: De
Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: STAFF
Submitted by:
Laurence G. Leeds ' AICP, Dire ctor
Community Development Department
City Manager
Date June 20, 2005
Date
0
TO:
FROM:
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
June 28, 2005
Ivan Pato, City Manager
Laurence Leeds, AICP, Director
(_1 . -e__- -
SUBJECT: Zoning Text amendments regarding Supplementary
Use Regulations; Swimming Pools and Home
Occupations (2nd Public Hearing)
APPLICANT: Community Development Department
Attached are the following amendments:
1) Require a minimum 5 foot pool deck setback along internal side
and rear lot lines for assure proper drainage. This issue is not
currently addressed in the zoning code.
2) Clarify 'Home Occupations' by regulating home offices subject to
conditions.
CITY COMMISSION PREVIOUS ACTION
On June 14, 2005 the City Commission approved this text amendment
request on first reading.
PLANNING AND ZONING BOARD
On May 18, 2005 the Planning and Zoning Board recommended approval
of the proposed text amendment.
RECOMMENDATION
Approval.
0
0
0
CITY OF DANIA BEACH
R.
NOTICE OF PUBLIC HEARING
TEXT AMENDMENT
Date: June 28, 2005 - 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 Pub ' lic Hearing will be conducted by the City Commission relating to Zoning Code
Revisions within the. City of Dania Beach (Chapter 28, Zoning), as follows:
1) The proposed addition of a Residential -Office (RO) zoning district and
proposed uses associated with the district;
2) The proposed addition of a Planned Residential Development (PRD-1) zoning
district and proposed uses associated with the district;
3) The proposed amendments to Chapter 28, Article 6 Supplementary Use
Regulations as follows:
a) Article 6.12. Swimming pool and swimming pool deck setbacks.
b) Article 6.16. Home Occupations.
c) Article 6.21. Residential off-street parking requirements.
INTIMWATE 5"
H�"-d
SnRUNG
City of Dania Beach
U Boundary Map
ft-d Eve SLK"
The above referenced Proposed Zoning Code Revisions apply to the 'entire city. 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, FIL 33004, (954) 924-3622, at l6ast 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, June 17, 2005
i 14 UIPA / Mpnetl