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HomeMy WebLinkAboutO-2024-021 Elimination of IncentivesORDINANCE NO. 2024-OZ\ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "LAND DEVELOPMENT CODE"; AT PART 3, "SPECIAL ZONING DISTRICTS "; SUBPART 1 "COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS" TO PROVIDE SPECIFIC REGULATIONS FOR THE 4,000 RAC UNITS AUTHORIZED BY BROW ARD COUNTY TO BE ALLOCATED TO THE CRA FORM BASED CODE ZONING DISTRICT THROUGH THE CITY 'S COMPREHENSIVE PLAN AMENDMENT TO BE ADOPTED IN DECEMBER 2023, TO PROVIDE FOR A SPECIFIC FORM BASED REGULATION FOR THE 4,000 NEW RAC UNITS; AND PROVIDING FOR A VESTING OF THE 2010 RAC UNITS APPROVED UNDER ORDINANCE NO. 2010-007 (ADOPTED ON 9/28/10) UNDER THE REGULATIONS OF THIS SUBPART AS THEY EXISTED IN SUPPLEMENT 154 OF THE DANIA BEACH CODE OF ORDINANCES , DATED NOVEMBER 30, 2022, PUBLISHED BY MUNICIPAL CODE CORPORATION; AND SPECIFICALLY AMENDING THE CRA FORM BASED CODE FOR THE 4,000 UNITS TO ELIMINATE INCENTIVES PROVIDE FOR MANDATORY GREEN CODE REQUIREMENTS AND CLARIFICATIONS, INCLUDING THE FOLLOWING REVISIONS: AMENDING 300-30, ENTITLED "HOW TO DETERMINE THE BUILD ABLE AREA OF A LOT, ALLOW ABLE DENSITY AND BUILDING HEIGHT"; AMENDING SECTION 300-60, ENTITLED "OTHER DEVELOPMENT REGULATIONS"; AMENDING SECTION 300-80, ENTITLED "INTENT"; AMENDING SECTION 301-20, ENTITLED "APPLICABILITY"; AMENDING SECTION 301-40, ENTITLED "SITE PLAN PROCEDURES"; AMENDING SECTION 301-50, ENTITLED "VARIATIONS IN DESIGN; PROCEDURE FOR REVIEW OF DESIGN VARIATIONS"; AMENDING ARTICLE 303, ENTITLED "DISTRICT DEVELOPMENT STANDARDS"; AMENDING SECTION 303-30, ENTITLED "ILLUSTRATED DEVELOPMENT STANDARD DEFINITIONS ; INTERPRETATION"; AMENDING THE FOLLOWING SECTIONS: 303-40, ENTITLED "CITY CENTER (CC) DISTRICT"; SECTION 303-50, ENTITLED "NBHD-MU, NEIGHBORHOOD MIXED-USE DISTRICT"; SECTION 303 -6 0, ENTITLED "EDBB-MU, EAST DANIA BEACH BOULEVARD MIXED-USE DISTRICT"; SECTION 303-70 , ENTITLED "GTWY-MU, BEACH GATEWAY MIXED-USE DISTRICT"; SECTION 303 -80, ENTITLED "SFED-MU, SOUTH FEDERAL HIGHWAY CORRIDOR MIXED-USE DISTRICT"; SECTION 303 -90 , ENTITLED "NBHD -RES , NEIGHBORHOOD RESIDENTIAL DISTRICT"; SECTION 303-100, ENTITLED "MARINE DISTRICT"; ARTICL E 304, ENTITLED "BUILDING HEIGHT AND TRANSITION REGULATIONS "; AT SECTIONS 304-10, ENTITLED "GENERALLY"; SECTION 304-20, ENTITLED "RULES OF HEIGHT TRANS ITION FROM RESIDENTIAL ZONING DISTRICTS"; STRIKING SECTION 304-30, ENTITLED "RULES OF HEIGHT TRANSITION ADJACENT TO FEC RAILROAD CORRIDOR"; RENAMING ARTICLE 305 FROM "INCENTIVES " TO "SUSTAINABLE BU ILDING REQUIREMENTS"; STRIKING SECTION 305-10 "APPLICABILITY"; STRIKING SECTION 305-20 ENTITLED "SCHEDULE OF INCENTIVES"; STRIKING SECTION 305-30 ENTITLED "INCENTIVES FOR PROVIDING PUBLIC OPEN SPACE"; STRIKING SECTION 305-40 , ENTITLED "INCENTIVES FOR PROVIDING ATTAINABLE HOUSING"; STRIKING SECTION 305-50, ENTITLED "SUSTAINABLE BUILDING PRACTICES "; CREATING A NEW SECTION 305-10 ENTITLED "APPLICABILITY"; CREATING A NEW SECTION 305-20 ENTITLED "GREEN BUILDING; GREEN BUILDING PRACTICES"; CREATING A NEW SECTION 305-30, ENTITLED "THIRD PARTY CERTIFICATION REQUIRED"; STRIKING SECTION 305-60 ENTITLED "PROVIDE PUBLIC PARKING"; STRIKING SECTION 305-70 ENTITLED "INCENTIVES FOR PUBLIC PARKS"; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS"; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 28, 2010, the City of Dania Beach adopted Ordinance No.: 2010-007, which amend the City's Comprehensive Plan's Future Land Use Element by amending the land use classification "Regional Activity Center" ("RAC") providing 7,818 RAC units; and WHEREAS, on September 14, 2010 , the City of Dania Beach adopted Ordinance No.: 2010-20, Community Redevelopment Area (CRA) Fo1m-Based Zoning Districts that allowed for the implementation of the 7,818 RAC units; and WHEREAS, the 7,818 RAC units approved in the 2010 Comprehensive Plan have been developed or pledged to site specific development projects, and those 7 ,818 units shall continue to be administered under the RAC Fo1m Based Code found in Supplement 154 of the Dania Beach Code of Ordinances, dated November 30, 2022, Published By Municipal Code Corporation; and WHEREAS, the City in December 2023, will be adopting a Comprehensive Plan Amendment to provide 4,000 additional RAC units; and simultaneously, the City of Dania Beach is adopting modified regulations for the CRA Form-Based Zoning District that would administer the new 4,000 units; and WHEREAS, under the new RAC zoning district being created under this Ordinance the City is elinunating incentives and providing for mandatory green building requirements; and WHEREAS, the City seeks to adopt the modified and amended CRA Form Based Zoning District for the new 4,000 units provided under the 2023 Comprehensive Plan Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The preceding "WHEREAS" clauses are ratified and incorporated as a record of the leg1slative intent of this Ordinance. 2 ORDINANCE #2024-021 Section 2. That Chapter 28 entitle d the "Land Deve lopment Code"; at Part 3, "Sp ecial Zoning Districts," at Subpait 1, "Community Redevelopment Area (CRA) Form-Based Zoning Districts" as follows: CHAPTER28 LAND DEVELOPMENT CODE PART 3. SPECIAL ZONING DISTRICTS SUBPART 1. COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS ARTICLE 300. HOW TO USE Sec. 300-10. The CRA includes six (6) form-based districts. The Community Redevelopment Area (CRA) is divided into several zoning districts. Six (6) of those districts are fmm-based districts that are unique to the CRA. Except for section 301 -20(B), which is applicable to all properties located within the Regional Activity Center (RAC) Future Land Use designation as identified in the city's Comprehensive Plan, Alticle 300 shall not apply to the Planned Mixed-Use Development District (PMUD) established pursuant to aiticle 340, subpait 5 of part 3 of this chapter or the Planned Small Lot Mixed-Use Development District (PMUD-SL) established pursuant to aiticle 350, s ubpait 6 of pait 3 of this chapter. Each form- based zoning district has a set of regulations that apply to it, called "district development standards" in aiticle 303. The district standards include: (A) A generalized li st of permitted uses. The detailed list of pe1mitted, special exception and prohibited uses is in article 302, discussed fmther in section 300-20, below. (B) Building placement and height standai·d s, discussed further in section 300-30, below. (C) The types of buildings that can be constructed. Th ere ai·e eight (8) "types" of buildings based upon the building's function and chai·acter, discussed further in section 300-40, below. (D) The types of grotmd sto1y configurations that ai·e allowed along street frontages, called "frontage types", which are di scu ssed fmther in section 300-50 , below. Sec. 300-20. How to determine permitted uses . (A) The district standards in aiticle 303 for each district contain a simplified list of pe1mitted uses. The purpose of the simplified list is to give the reader a quick reference guide to the general types of pe1mitted u ses and special exception uses in each district. For a detailed list of permitted uses, consult article 302. (B) Having more than on e (1 ) type of use on a lot (mixed use) is encouraged in many districts. Section 302-40 determines which types of use can be mixed within a lot or within a building, and any conditions for doing so. Section 302-10, the list of permitted, special excepti on and 3 ORDINANCE #2024-02 1 prohibited uses, is organized by use type to con-espond to the use types listed in section 302- 40 and again in the generalized permitted uses lists in the di strict regulations of aiiicle 303. (C) Within many of the zoning di stricts, some uses may be permitted on lots :fronting primary streets, but not along secondary streets, and vice versa. Sec. 300-30. How to determine the buildable area of a lot, allowable density and building height. (A) The district standai·ds in article 303 for each district include a map showing maximum allowable height within the district. Pennitted height vai·ies within some districts based upon location. Al.iicle 304 has the rules for interpreting the maps. (B) Permitted height and density is identified as "by right" and "with incentives." This means that in order to eJweed the height, density or both permitted "by right", the developer must earn incentives sufficient to achieve the mmdmum height, density or both permitted on the lot. Incentives are detailed in aiiicle 305. See additional regulations found in section 301-20(B) for maximum intensity/density limits permitted within the CRA and Comprehensive Plan. (C) The district standai·ds in a1iicle 303 for each district specify build-to-lines, setbacks, minimum open space, and where pai·king facilities can be sited. Mandatory build-to-lines in lieu of minimum setbacks ai·e one of the aspects that make these regulations form-based. (D) No variances as to the height restrictions or density shall be authorized. (E) Utilizing of the 4,000 RAC units :from the Comprehensive Plan must be in accordance with the allocation designated by u se [Single-Family or Multi-Fatnily], unless the City Commission, after notice pursuant to Section 610.20, of the Land Development Regulations, holds a public heai·ing, to authorize a reallocation of the RAC units, by a 4/5 vote of the City Commission. (F) Of the 15% RAC units approved in 2024 in the City's Comprehensive Plan, which ai·e to be designated for affordable housing, the entire 15% of RAC units shall be used for low or very low income housing purposes (80% AMI or lower). Sec. 300-40. How to determine the allowable kinds of buildings; an explanation of building types. Buildings are classified into eight (8) types based upon their chai·acteristics. For example, a row house building type is different than a mansion apartment building because mat1Sion apartment buildings ai·e designed to look like large single-family detached dwellings, and rowhouses cannot be mistaken for a detached single-family dwelling. Regulation of building types is one of the aspects that makes these regulations form-based. Certain building types may be permitted on primai·y streets but not secondary streets, and vice versa, w ithin a district. 4 ORDINANCE #2024-021 Sec. 300-50. How to determine the allowable kinds of building fronts; an explanation of frontage types. (A) Where to find. Every district allows ce1iain frontage types in the district standards of aiiicle 303. The frontage types conespond to the allowable building types. The detail s of each frontage type are provided in article 311. Regulation of building frontages i s one of the aspects that makes these regulations form-based. Ce1iain frontage types may be permitted on primaiy streets but not secondaiy streets, and vice versa, within a district. Example. Eve1y building has a front side with one (1) or more entrances. The front of a retail building, for example, usually has a lot of window area for the display of merchandise, and the entrance to the storefronts is immediately next to the sidewalk, and at the same grade ( elevation) as the sidewalk. If the potential customer had to climb a stair to get to the store, he or she wouldn't be able to see inside the display windows, and might not want to expend the effort needed to climb the stairs. Therefore, the "shopfront" type of frontage would require the characteristics of fa9ade design, entrance location and configuration, and setback from the sidewalk that are necessaiy for retail to be successful. Example. An apaiiment building, on the other hand, needs to afford some privacy to its ground-story residents, so it is set back a little further from the sidewalk, perhaps with some landscaping or private yards abutting the sidewalk, and the entrance is above grade to reinforce the transition from the public sidewalk to private property and allow ground story windows to be above eye level at the sidewalk. The entrance to the building or ground-sto1y units may even be off a private comiyai·d. Therefore, "stoop", "dooryard" or "comiyard" frontage types would be appropriate for multiple-family buildings based on the chai·acteristics of fai;ade design, entrance location and configuration (i.e. elevated above the sidewalk or situated behind a small private yai·d), and setback from the sidewalk which is necessaiy for quality urban living conditions. Sec. 300-60. Other development regulations. (A) Aliicle 305 contains sustainable building requirements. ilil_Aliicle 306 contains pai-l<ing and loading standai·ds. (QB) Article 307 contains landscaping standai·ds. Q2G) Article 308 contains signage standards . IB:9) Aliicle 309 contains general regulations that address fences, screening, required improvements, and more. (EE) Article 312 includes standards for open space de sign. (GF-)Article 525 contains ai·chitecture and urban design standai·ds. Sec. 300-70. Commonly used abbreviations. Abbreviation Full Name BTL Build-to-line du/ac Dwelling units per acre 5 ORDINANCE #2024-02 1 I Feet ft. Feet max. Maximum mm. Minimum ROW Street line (ultimate edge ofright-of-way) sf Square feet EDBB, WDBB East Dania Beach Boulevard, West Dania Beach Boulevard S. Fed. Hwy South Federal Highway cc City Center District EDBB-MU East Dania Beach Boulevard Mixed-Use District GTWY-MU Beach Gateway Mixed-Use District SFED-MU South Federal Highway Mixed-Use District NBHD-MU Neighborhood Mixed-Use District NBHD-RES Neighborhood Residential District Sec. 300-80. Intent. The Community Redevelopment Area (CRA) encompasses predominantly single-family and two-family residential neighborhoods, a downtown commercial district, two (2) commercial conidors, and industrial acreage. The CRA redevelopment plan identifies the redevelopment path that is needed for the CRA. Industrial development and redevelopment is in large measure going to be a function of infrastructure improvements and other capital projects, while redevelopment of the remainder of the CRA is largely going to be a function of urban development standards that will not only assist in the redevelopment of the area, but will shape the form it takes consistent with the CRA redevelopment plan objectives. The following are the specific objectives of the urban form standards: (A) Encourage and faci litate redevelopment through: (1) R e development incentives; Q'.2;) Clearly identifying how any given property can and should be developed; (Z.J) Providing developers with certainty and predictability in the development review process through clear and certain direction as to the desired development outcome; (.14) Allowing a wide range of land uses to accommodate real estate market cycles; ~) Providing flexibility in the pe1mitted uses ofland while not precluding reuse for the primary intended uses, nor precluding infill of urban intensity. Exan1ples include allowing several uses within a building that is designed to ultimately house a research and product development use, or future ground floor retail that may not be supp01ied by cunent market conditions ; G6) Allowing maximum build-out of commercial and mixed-use properties by eliminating or minin1i zing buildin g setbacks and on-lot open space requirements; (Q+) Establishing development standards that are most appropriate to the small lots, urban block patterns, alleys and nanow streets within paiis of the CRA; 6 ORDINANCE #2024 -021 Qi) Flexible parking facility siting alternatives. (B) Long-term planning. (1) Whenever a site is developed at a relatively low intensity relative to the maximum permitted intensity, the site and improvements thereon should be designed and constructed to enable buildout of the site at the maximum allowable intensity at some future time without the need for substantial demolition. Known as "beginning with the end in mind," this approach may, for example, involve designing and constructing buildings to accommodate vertical expansion and designing surface parking lots to eventually accommodate a parking stmcture. (C) Transit-oriented development. ( 1) Allow mixing of land uses within a building or property. (2) Allow ve1iical development; allow stmctured parking. (3) Park once and walk to multiple destinations within the CRA; centralized parking, shared parking, on-street parking, internal trip capture, and modal split parking reductions. (D) Build a vibrant community within a community. (1) Activate the sidewalks by building close to the street with parking facilities behind buildings , and by controlling the interface between building and sidewalk. (2) Maintain, and enhance when possible, the stability and property values of residential neighborhoods through compatible transitions to nonresidential prope1iies, and through building fmm standards that bring new or expanded dwellings closer to the street with a renewed emphasis on the front yard. (3) Encourage development that minimizes its impact on natural resources. ( 4) Encourage development that provides urban amenities and pedestrian conveniences for the enjoyment of the general public and contribute to place making. (5) Bring buildings to the roadway, ensure proper proportioning and require continuous building fayades to "enclose" designated streets in order to help create a lively and visually appealing environment that invites people to live, locate businesses, and spend time shopping, dining and interacting with others. (6) Foster a safe pedestrian environment by increasing the oppo1iunity for day and night activity on the public sidewalks and by ensuring "eyes on the street" through mixing of uses , fenestration and access standards. (7) Reinforce the interconnectivity of the urban components of buildings, streets, sidewalks, open spaces, transit facilities, and parking facilities. (8) Encourage visual interest by ensuring the building and visual landscapes are accented rather than their parking facilities. (9) Require the location of on-site parking facilities in the rear yard, accessed when possible through rear alleys or side streets. 7 ORDINANCE #2 024-021 ARTICLE 301. LEGAL AND ADMINISTRATIVE PROVISIONS Sec. 301-10. Short title. The provisions of part 3, subpart 1 of the Land Development Code shall be refened to as the "Community Redevelopment Area form-based districts", or "CRA f01m-b ased di stricts". Sec. 301-20. Applicability. (A) Conflict with other regulations. The CRA fo1m-based distri ct regulations shall sp ecifically prevail over all other regulations of this co de in the case of conflict. (B) Regional Activity Center limitations. All development within the CRA f01m-based districts is subject to the maximum overall, "pooled" intensity limits_ permitted estab lished in the Future Land Use E lement of the Comprehensive Plan for the underlying Regional Activity Center (RAC) land use category. The int ensity limits include the total number of residential units and total area of nomesidential development that can be constrncted within the more than 1,300 acres encompassed by the RAC. \Vithin the CRA. form based districts by the Comprehensive Plan. Develo pment in the CRA f01m-based districts is also subj ect to the restrictions and requirements placed on the allocation of such intensities set f01th in the RAC provisions of the Comprehensive Plan, including but not limited to, allowable d welling unit types and dwelling unit affordability criteria. Therefore, the Regional Activity Center (RAC) allo·.vable land use and density identified provisions in the Future Land Use Element of the Comprehensive Plan, Future Land Use Element, and the remaining available development inten sities in the RAC, tracked by the Community Development Depaitment, should be consulted to ensure the consistency of any development proposal with the Future Land Use E lementland use plan (acreage, d·.velling units, etc.). (C) Ves ting for certain dwelling units. Development utilizing the initial pool of 7,818 dwelling units established with the adoption of the RAC in 20 IO shall be vested under the regulation s of this Subpait as they existed in Su pplement 154 of the Dania Beach Code of Ordinances, dated November 30 . 2022, published by Municipal Code Corporation. Previous co de ver sions can be viewed online through the Municipal Code Corporation's "municode" webs ite, which are organized by supplement numb er , and at the City Clerk's office. 8 ORDINANCE #2024 -021 (D) Procedure when RAC units near depletion. When the number of available dwelling units assigned to the RAC land use designation falls below fifteen (15) percent of the total number of approved units, the following additional information must be provided: (1) The applicant shall enter into a developer!~s agreement prior to a public hearing stating the developer will not request utilization of any of the Govemor!~s Executive Order extensions, thereby returning any unused RAC units upon expiration of the te1m of the developer!~s agreement, which authorization period shall not exceed thirty (30) months. (2) The applicant must provide a project profmma, illustrating project financing exists for development of the proposed project prior to public hearing. (3) The applicant must provide a tax benefit/cost analysis of the project illustrating projected property tax increase once the project is completed, as well as anticipated municipal expenditures, such as for police, fire, water/sewer services, etc. ( 4) The applicant must identify ho w the project approval and construction will benefit the community, such as through installation of bicycle rental stations, participation in a free trolley/shuttle service, etc. (5) Any project in which the City has paitnered with another person or entity utilizing Florida Housing Finance Corporation funds shall be exempt from subpai·agraphs (1)- (±§-) above. @.G)Graphic vs. text conflicts. In the event of a conflict between text and any illustration or graphic, the text shall prevail. (Ef>)Map conflicts. In the event of a conflict between district boundary maps and the official zoning map , the official zoning map shall prevail. Sec. 301-30. Nonconformities. Nonconfo1mities shall be governed by article 7 10 except as provided in this section. (A) [Nonconforming characteristics of use.f Nonconfmming chai·acteristics of use not addressed in aiticle 710, including, but not limited to, location of pai·king facilities , access to pai·king facilities, de sign and ai·chitecture, and other requirements unique to the CRA fmm-based districts shall be subject to the same rnles , thresholds and conditions for compliance as nonconforming buildings and structures. (B) Nonconforming buildings and structures. (1) [Modifications} Modification to the shell or interior of nonconfo1ming buildings or structures is permitted without triggering compliance of said building or structure with these regulations . (2) Expansion. The expansion of a nonconforming building or structure is pe1mitted as long as the cumulative squai·e footage of such expansion within any five -yeai· period does not exceed twenty-five (25) percent of the gross floor area of a building as it existed upon the effective date of these regulations. In the event that the cumulative five-yeai· threshold is met, compliance with these regulations shall be required if the city dete1mines that sub stantial compliance with these regulations can be 9 ORDINANCE #2 024-02 1 achieved without compromising the intended use of the expansion and logistics of the building and site layout. (C) Nonconforming single-family dwellings. Nonconfonning single-family dwellings existing on the effective date of this subpait and their accessory strnctures may remain in perpetuity ai1d may be repaired, rebuilt and expanded regai·dless of nonconformity with the provisions of this article. Once a single-family dwelling is replaced with another use, no single-family dwelling can be reestablished on the lot. Sec. 301-40. Site plan procedures. Applications for site plans shall be governed by the requirements of aiticle 635. Prospective applicants for site plan approval are encouraged to submit for conceptual approval prior to finalizing and submitting a f01mal site plan application. Conceptual approval offers the developer an immediate opportunity to obtain feedback from the city's professional staff and decision makers as to the project design, architecture, application for incentive bonuses, and if necessary, design variations (see [section] 301 50 belov,0. The conceptual approval process, submittal requirements, application fee, and schedules shall be established administrafo,ely. Sec. 301-50. Variations in design; procedure for review of design variations. (A) Intent and purpose. The CC, SFED-MU, EDBB-MU and NBHD-MU districts emphasize urban design principles in order to effect attractive and functional mixed-use urban redevelopment that is unique to the City of Dania Beach's urban center, conidors ai1d neighborhoods within the CRA. In order to accomplish this, the four above-referenced districts have specific, prescribed development standards rather than mininlums and maximums, to define the urban fmm of future development. It is the intent of this section to provide a mechanism for evaluating and granting requests for variation from the standai·ds and requirements of these regulations that can occasionally be expected for the following reasons: (1) To acknowledge the vai-iation in conditions that exist, and the difficulty of accounting for them in a design-specific regulation. (2) To facilitate design interpretations and alternatives that work as well as the prescribed standard. (B) Applicability. The city is authorized to approve design vai-iations within the CC, SFED-MU, EDBB-MU and NBHD-MU districts that are consistent with the intent of this section, using the procedure and criteria of this section in lieu of the vai·iance process of aiticle 625. Design- based vai·iations shift the focus of review from hardship to design and logistics issues. Design vai-iations are not authorized for vaiying the following code requirements, which ai·e not specific to the regulations of this subpait: (1) Maximum height design variations are limited to ten (10) percent above the maximum building height or an additional ten (10) feet, whichever is less, and provided no additional stories are granted; (2-) Design vai·iations are not authorized for vai·ying the fo ll owing code requirements, which ai·e not specific to the regulations of this subpait: ORDINANCE #2 024-0 2 1 (a) Maximum density; (b) Maximum impervious area; ( c) Maximum lot coverage; ( d) Minimum open space; ( e) Parking and loading; (f) Signage. (C) Procedure. (1) Design variations associated with site plan and site plan modifications shall be considered as part of such site plan or modification applications. (2) Submittal requirements shall be establi shed administratively. (3) The request for design variation sha ll be evaluated base d upon the criteria set forth in this section, and the procedures for process ing site p lans in sections 635 -70 (Site plans) and 635-80 (Site plan modifications). (D) Standard of review for design variations. The planning and zoning board or city commission, as applicable, shall use the following criteria when evaluating r equests for design variation: (1 ) Whether the request is for a reasonab le accommodation of design flexibi lity that results in overall superior development and des i gn consistent with the intent and principles of this subpart that govern the standard for which variation is requested; or (2) Whether the variation is appropriate to accommodate site conditions not anticipated in these regulations, or to reconcile conflicting requirements, provided the request is generally consistent with the intent and principles of this subpart that govern the standard for which variation is requested. (E) Variance procedure. Variance requests shall b e processed pursuant to article 625. * * * ARTICLE 303. DISTRICT DEVELOPMENT STANDARDS Sec. 303-10. Applicability. Each district has its own set of development standards in this article, many of which are used in varying combinations to control the form that buildings take and their placement and relationship relative to the street. All provisions of this article are requirements. All standards for which there is a BTL or minimum or maximum shall read as "required BTL", "minimum required" (or requirement per context), and "maximum pennitted". 11 ORDINANCE #2024-021 S ec. 303-20. Abb reviations used in this Article. Abbreviation Meaning BTL Built-to-line Min. Minimum Max. Maximum % Percentage NP Not permitted F.A.R. Floor area rati o Dulac D ~elling unit per acr e TOD Transit ori ented developmen t Ft; sf Feet; square feet , Feet St. Street Ave. avenue EDBB East Dania B each Boulevard WD BB West D ania Beach Boulevard S. Fed. Hwy South Federal Highway NBHD Neighb orhood GTWY Gateway FEC Florida East Coast Railway Sec. 3 03-30. Illustrated development standard defin itions; interpretation. (A) Building and parking placement. 12 ORDINANCE #2024-02 1 Figure 303-1 I - Rear Second )ayer llldcaadpuklnc Fimlaycr Buildina anJy • R D ◄ E 1 ◄ Ex ► B~ Sidcwa.lk dcdimiun Loe Boundaries -Building (1) "B" in diagram. Sidewalk dedication: when existing right-of-way is insuffic ient for wide sidewalks, on-street parking, or both, as specified on the street sections approved by the city commission in the CRA redevelopment p lan, a dedication is required pursuant to section 309-1 0. (2) "C" in diagram. Build-to-line (BTL) or setback: the regulations require either a BTL, a paired min. and max. setback, or a min. setback for all buildings. A BTL is an exact bui lding setback line parallel to the block face, upon which the entire building fa;ade of at least the lowest three (3) st01i es must be built, except as provided for j ogs in the fayade (see "El, Ex"), and allowable encroachments such as ar cades and stoops . (3) Primary and secondary street standards, as shown in Figure 303-1 and Table 303-1. A prin1ary street shall a lways be considered the front street. In the case of two (2) primary streets, both must be treated as the front str eet. Primary street standards govern all buildings with primary street frontage , regardless of any comer side frontage on a secondary street. Seconda1y street standards govern buildings that front only upon one or more secondaty streets . Diai;rram Key Setback re quirement: Prirnmy Street Secondaty Street "C" Front Street Comer Street "G" Side, 1st layer "H" Side, 2nd layer "I" Rem· ( 4) "D" in diagram. Layers: the buildable ai·ea of each lot (p01iions of the lot not required for setbacks and yai·ds) is divided into a first layer and second layer demarcated by imaginaty lines for the purpose of regulating which of the following activities can occur in each: building, surface pat·king or structured p arking. The first layer is comprised of 13 ORDINANCE #2024-021 the front twenty (20) to thirty (30) feet of a lot (varies by zone), measured from the BTL, and is the part of the lot that the building must occupy when a BTL is established. The second layer is located to the rear of the first layer, and generally represents the area where parking, building or both can occur. See also Figure 303-2. (5) Shown in Figure 303-2. Street line is the back edge of the light-of-way, after any required dedications. In this illustration, the street line is the back edge of the sidewalk. This represents the transition from public realm to private property . Figure 303-2 Encroachmen t (B) Building frontage. Regulates the undulation of street-facing building fac;ades. (1) "El'' and Ex" in diagram. Min. building frontage requirement: regulates how much of the building fac;ade must be built on the BTL and how much (by default) can be built behind the BTL. The building frontage requirement applies only to the first layer (see "D" in Figure 303-1), and is expressed as a percentage of lot width that has to be built on the BTL. Example: a building frontage requirement of fifty ( 50) percent on a lot that is one hundred (100) feet wide means that at least fifty (50) feet of the building fa9ade must be placed on the BTL. This standard also works in tandem with the side setback (or BTL) requirement (see "G" in figure 303-1) and comer street setback (or BTL) requirement. In the example above, if there is a first layer side yard requirement of zero (OJ to ten. (I OJ feet, th en the first layer of the building must be at least eighty (8 0) fee t long (one hundred (100) feet of lot width less two (2) ten-foot side yards), with at least fifty (50) feet built at the BTL. (2) "R II in diagram. Max. building recess describes the maximum distance that any part of a building can be placed behind the BTL or max. setback line (see Figure 303-1). This standard does not apply to courtyard and forecourt types. Usually, a limited portion of the fa9ade may be built behind the BTL, but no further than the maximum recess dimension. In the illustration, the building has three (3) entrances built at the BTL, and three (3) jogs in the building fa9ade that allow landscaping between the building and 14 ORDINANCE #2 024-021 sidewalk. In Figure 303-2, approximately fifty (50) percent (one-half) of the building fa9ade is recessed from the BTL. The distance at which the building jogs backward from the BTL is called the recess. (3) "G" in diagram. Interior side BTL or setback: In most districts, there are different side building placement standards for the first layer and second layers. Since the first layer contains the building frontage on the street, it is imp01tant to control how far from the side lot line the building can be set back, if at all. Minimizing side yards helps to maintain the "building street wall" in the mixed-use districts, and the continuity of building frontage along the street maintains pedestrian interest and minimizes gaps that could present opp011unities for criminals. Within the second layer, there is often just a minimum setback. Figure 303-3 (4) Shown in Figure 303-2, Encroachment is any pa.it of the building structure that extends forward of the BTL, but remains behind the street line unless an encroachment is specifically authorized to extend forwai·d of the street line, such as for awnings, galleries and ai-cades. In Figure 303 -2, the stoops at the building entrances ai·e permitted encroachments. Although the te1111 is used in the frontage type regulations and not the district standai·ds, it is illustrated here. (C) Upper story setbacks. (1) "L" in diagram. Maximum height before additional setback required for upper stories: refers to the lower po1tion of a building that is not sub ject to a.11 additional setback requirement for upper storiesis established for all districts that allow building heights greater than three (3) stories. (2) "J" in diagram: Upper-level building setback: refers to the vertical plane modulation of a building and is the minimum required perpendicular distance that a building wall an d elements must be recessed from the BTL or minimum setback line, as applicable. (D) Height regulations. (1) "K" in diagram. Max. allowable height: is established w ithin each dish·ict for a ll buildings, and is broken down by height alloi.ved "by right" and height allov.,ed if incentive bonuses are awarded pmsuant to a1iicle 305. Maximum height in transitional areas may be limited by aiticle 304. 15 ORDINANCE #2024-02 1 Sec. 303-40 . City Center (CC) District. (A) Intent and purpose. To establish a mixed-use downtown with transit supportive densities and intensities where citizens can work, live, and shop in the economic, governmental, entertainment and cultural focal point of Dania Beach. Thi s di strict is designed to encourage accessible, active, pedestrian-oriented areas within walking distance of a prospective transit station on the FEC rai lway. (B) Density. Max. fifty (50) du/ac by right; up to one hundred fifty (150) du/ac v1ith density bonus (see article 305). (C) F.A.R. Mme. 8.0Reserved. (D) Generalized permitted uses (see article 3 02 for specific uses and conditions of use). Uses Core Other Streets* Streets Residential u ✓ Multifamily Commercial ✓ ✓ (Mixed u se compatible) General ✓ ✓ Commercial Restricted ** ** Commercial Ente1tainment ✓ ✓ Lodging ✓ ✓ Civic and ✓ ✓ institutional Transportation ✓ ✓ ✓ -Permitted * -See subsection use (E) below U -Upper ** -See section floors only 302-40 16 Figure 303-6 Permitted use by story. t°'rcn U·c 8 -J• (~~n u u: 3·. la Noa-ldondal a., , .. ·m1n.?,.·nn Cort um n11d jlaor-10-ailing hdglm Opm l.Uc s ·.i, Oren u,c- s·-1, -o,.. .. Jrmla~ .. -- T I O,h,·r !n'l'O um n11d jloor-ro-cdli11g /,dglm ORDINANCE #2024-021 LEGEND City Center District ;I" /4 City Center Core _ Secondary Streets _ City Center -Primary Streets Primary Streets: • EDBBIWDBB • NE/SE 1Ave • NW3Ave (N. of SW1 St) • NW/SW1Ave • S. Federal Hwy • SW1 Terr • SW2Ave (E) City center core. Located between NE and NW 1st A venues and between SE/SW 1st and NE/NW 1st Streets (see cross-hatching on map). The core is the planned retail, government and downtown of Dania Beach. Mixed-use buildings w ith ground-floor retail, entertainment, and/or office uses are r equired in the core. (F) Min. required pervious, landscaped lot area. Ten (10) percent; may be red11ced to zero (0) p ercent with incentive bonus (see aiiicle 305). Section 303-30(E)(4) provides fo r payment- in-lieu. (G) Sustainable building requirements. See a1iicle 305. {H)_Parking and loading. See aiiicle 306. Parkin g is permitted only in the second layer. 17 ORDINANCE #2024-021 (!H) Landscaping. See aiiicle 307. QI) Signage. See aiiicle 308. (KJ) Additional development standards. See aiiicle 309. (1K) Architectural and design standards. See aiiicle 525. (Mb) Building placement standards. Diagram NP = not permitted Core Outside Key co re "F" Front Shopfront 0'-0'-5' street 5' set back with 0'-0'-10' arcade 10 ' Stoop NP 4'-8' Dooryai·d NP 8'-12' Balcony NP 8'-12' over porch "C" Comer stJ:eet 0'-0'-5' setback 5' "G" Interior side 0' 0'min setback, I st l ayer mm 11HII Interior side 0' 0, . mm. setback, 2nd layer mm. "I" Rear setback 0' 0, . mm. mm. (NM) Building frontage standards. Diagram Standai·d Key "D" Min. depth 30' of building in 1st layer 18 ORDINANCE #2 024-021 "E,+ .. +E % of lot II width for X which a favade must on the BTL "R" Max. allowable recess from BTL 70% 10' Figure 303-8 Bullding Placement : : : : Lot Boundaiies -Buildable ai·ea Sidewalk dedication: pursuant to !adopted CRA Plan street secti ons. ISee sec. 309-10; "B" in diagram. (ON) Allowable building types, frontage types (see articles 310 and 311 for details) and minimum lot dimensions . Building Frontage Types Types ..c: Lot <) -0 1:l Dimension ;;,._l-1 1a 0 p 0 <.t:1 <l.) ol'.l.. ~ p.. -0 :g ,B (.) l-t 0 p.. '"° «I <l.) 0 0 <) 0.. 0 0 ..c: ~ ...... <l.) p:i5 0 -~* 0 [/) [/) Rowhouse 0 0 75 ' 100' Apartmen t 0 0 0 50' 100' Live-work 0 50' 100' CommerciaL O ,C O,C 50' 100' Mixed Use Civic See civic building standards 19 ORDINANCE #2024 -fil.l * Add twenty-five (25) feet if no parking acce ss from rear yard . C -Co re street 0 -Frontage frontage outside core (fG)Height: "K", district m ax. is seven (7) fourteen (14 ) stories and one hundred fifty (150) feet and varies by location (see height map and article 304). H eight greater than fomieen (14) stories or one hundred fifty (150) feet may b e granted by a sp ecial exception approval, pm·suant to Section 630 50. Min. lot dimensions for buildings over six (6) stories and seventy (70) feet are one hundred (100) feet by one hundred fifty (150) feet.~ with a minimum-Mi&.-two (2) habitable stories required in the CC District core. The maximum allowable height in this district is based upon proximity to adjacent residential zoning districts and the F .E.C. Railroad corridor. Allowable height increases at a rate of one (1) foot per one (1) foot of horizontal distance from an adjacent residential zoning district boundruy or F.E.C. Railroad right of way. Ther efore, allowable height within one (1) po11ion of a property might be different than that permitted on another portion. Buildings must be de s igned accordingly. The allowable height of buildings just outside of the di strict boundruy is shown for information purposes. (Q:P) Upper sto,y setback standards. Building side Min. Upper Story Recess "J" Height Before Required Recess "L" U.S. l Not re quired N I A Street, other 10' 36 stories Interior s ide Greater of 12 percent of lot J6 stories/75' (lesser of) width or 15' Reru· 15 '; 5' if alley exists 36 storiesl75' (lesser of) Figure 303-9 Upper s tory setbacks. (Q) Height wnes map, Figure 303 10. 20 ORDINANCE #2024-021 1. The maximum allo\vable height in this district is based UIJOn prmci.mity to adjacent residential zoning districts and the F.E.C. Railroad conidor. Allowable height increases at a rate of one (1) foot per one and two thirds (1.66) feet of horizontal distance from an adjacent residential zoning boundary. Therefore, allowable height within one (1) portion of a property might be different than that p ermitted on another pmiion. Buildings must be designed accordingly. 2. Allov,1able height is indicated on the map as the base allov,rabl e h eight, plus additional height that may be authorized by qualifying for h eight bonuses pursuant to ruiicle 305. 3. The allowable height of buildings just outside of the district boundru-y is shovm for information purposes. 2 1 ORDINANCE #2 024-02 1 Figure 303-10 Maximum Permitted Height Map. [*REVISED MAP* l T r ansition zon e adjacent l o residential zoning district. Allowable height w ithin this z one is determined by Sec. 304-20. Edge of trans itio n zone is approximate a s depicte d . NE'/SE 1 Ave. corridor is limite d t o 4 s tories.. Wes tern e dge of 4 -story limit is 3 0' wes t of 1 Ave . s treet line. 4 story limit consistent with SFED-MU to sout11 . ( -.,;C ltY CEN TER m:;r mct OOU"-lOAAY (~1~) I Mnimum Allow;11blt: Heicht tifi,ht ZCot .\ • 2 S!orit.S 1-'eI,ht ?cnt e, • 3 StoMs t-1ei,ht Zent c • >! sto,iu Hei,ht ZCnt o • 7 Stcries \. t'ti&ht zone-f • Rin,es from 2 to 7 Jl'oriu p-i.:rsuai m to Sf-~ lN-20 N A j 22 ORDINANCE #2 024-021 Transition zone adjacent to residential zoning district. Allowable hei ght within this zone is determined by Sec. 304-20. Edge of transition zone is approximate as depicted . NE/SE 1 Ave. corridor is limited to 8 stories, 70'. Western edge of 8-story limit is 30' west of 1 Ave. street line. 8 story limit cons i s tent with SFED-MU to south. N A o !'-=,~2~s c2::,s111o--••"!'oo:,::::=:::::;:,s!"o---1.o~;et L .. ::] CITY CENTER DISTRICT BOUN DARY {2015 ) MAXIMUM H E IGHT, B Y RIG HT+ INC ENT IVE BONUS (SEE ARTICLE 3 05 FOR INC ENTIVES) A-2 S l o,le •. 24 ft. B -2 Slo,le s, 2 4 ft. b y tight. and u p 10 110 additional 2 s tories, 2 4 n . with inc enUvos -C -◄ S to ries, 35 h . by r ighl . a n d up to a n .additiona l 4 1 t orio1, 35 ft. with inc.e nttv•s 0 -7 Storio5, 8 0 fl, by r ig ht. a nd u p to an a d d ilional 7 slo r icu, 70 ft. w it h lnconhv o s E • Ranges from Zo ne A hei9 h 1 t o Z ono E h o lght po.-.u:.1nt t o S l'!c::. 304-20 Sec. 303-50. NBHD-MU, neighborhood mixed-use district. (A) Intent and purpose. May be applied along existing and plaimed collector streets that border neighborhoods and a long p01tions of some ai-terial roadways where neighborhood-scale commercial and multiple-family residential uses are des irable, as follows: West Dania Beach Boulevai-d , Stirling Road, Phippen Waiters Road, West Dix ie Highway and Sheridan Street. 23 ORDINANCE #2 024-02 1 Each such sh·eet is a primary street for the purposes of this section. The d evelopment pattern associated with this dishi.ct i s linear, typically one lot deep along a thoroughfare. Rear yards are required in order to accommodate parking and loading, and provide separation from the resi dential neighborhoods typically bordering the rear lot lines. (B) Density. Max. 18 du/ac ; up to 35 du/ac vlith density bonus as provided in article 305. (C) F.A.R. MaJ, 0.75Reserved. (D) Generalized permitted uses (see article 302 for specific uses and conditions of use). Uses Resi dential single-family Residential two-family Residential Multifamily Commercial (Mixed use compatible) General Commercial Resh·i cted commercial Ente1iainrnent Lodging Civic and institutional Transpo1tation Industrial ✓ -Permitted use * -Restricted to buildings with secondary street frontages only * * ✓ ✓ ✓ ✓ ✓ ✓ (E) Building placement standards. Diagram Yard; Frontage Key Type "F" Front Shopfront Sh·eet Stoop Setback Do01yard Balcony over porch Figure 303-11 Permitted use by story. Open use s·.,~ Open me s·.,~ ~ Op,nas, 11' min J(,'"""' U<,•s 11 11df!oor-1'0-aili11g h,•igh t5 Primary Secondary Street Street 0'-5' NP 4'-8' NP 8'-12' NP 8'-12' 15' BTL 24 ORDINANCE #2024-021 I Porch "C" Com er street se tback IIGII Interi or side set back, first layer IIHII In terior side set back, second layer 11 1 11 Rear setback (F) Frontage standards. Key St andar d "D " M in. dept h of building in fir st layer "E, % of lot wi dth fo r + .. +E which far;ade must be II on the BT L X "R'' Max. recess from BTL (G) Height. NP 15 ' BTL 0'-5' 0-5' 0' m in. 7'min. 0'min. 7' m in. 10' 15' min. mm. Figure 303-12 Building place ment. r--------, .. l1ri11wy So ttt: : : : : Lot Boundaries -Buildable area .. Sidewalk dedication: pu rsuant to dopted CRA Plan street sections. ee "B" in diagram. 30' 50% 10' P rimary Secondaiy Street Street Maximum ;1;-3 2 stor ies, height "K" stories, 25' ;M!- 25 ORDINANCE #2024-02 1 I ;:~*prime; I ** Two (2) stories plus one (1) additional story available as an incentive per article 305 provided not more than 50% of any block may exceed 2 stories . Figure 303-13 Building height. (H) Allowable building types, fi·ontage types (see articles 310 and 311 for details) and minimum lot dimensions. Building Fronta:re types !Types Lot • "O i:l Dimension >-. a 0 §~ <.t:1 Q) ,..Q c g '-g ~ ,9 (.) (.) 0 0. 0. ;... ..... B ..8 (.) 0 ell 0 -< ~ Q) 0... P'.l Q r/) r/) Q Single-Family s s Two-Family s s Mansion 75' 100' Rowhouse p p p 75' 100' Apartment p p p 501 100 ' Live-Work p 50' 100' Commercial/Mixed p p 501 100 1 Use Civic See civic building standards P -Primary street frontage S -Secondary street frontage, subject to conditions of use for NBHD-RES District (I) Pervious landscaped lot area. Min. fifteen (15) percent; may be reduced to zero (0) pereent with m1 incentive bonuses (see mticle 305). Subsection 303-30(E)(4) provides for payment- in-lieu. (J) Sustainable building requirements. See article 305. ®_Parking and loading. See article 306. Parking is permitted only in the second layer. (L) Landscaping. See article 307. ~) Signage. See aiticle 308. 26 ORDINANCE #2024 -021 ill±,) Additional development standards. See aiticle 309. (QM) Architectural and design standards. See article 525. (J_N)Landscaping. See ruticle 307. Sec. 303-60. EDBB-MU, East Dania Beach Boulevard Mixed-Use District. Figure 303-14 EDBB-MU district map. Primary street: EDBB, provided that new streets within large parcels may also be designated primary streets by the city. (A) Intent and purpose. Redevelopment to place a greater emphasis on pedestrian activ ity and transit supportive development. This will be accomplished by building close to the street, relocating parking facilit ies behind buildings, and mixing re sidential and commer cial uses at medium to high intensities. (B) Density. Thirty-five (35) du/ac by right; up to seventy five (75) du/ac with density bonus. (C) F.A .R. Max . eight (8 .0)Reserved. (D) Pervious landscaped lot area. For lots fiv e (5) acres and small er , min. ten (10) percentt-maY be decreased to zero (0) percent vlith incentive bonuses (see ruticle 305). For lots over five (5) acres, min. twenty (2 0) percent; may be reduced to fifteen (15) percent vlith incentive wnus. Subsection 303-30(E)(4) provides for payment-in-lieu. (E) Sustainable building requirements. See articl e 305 . ®-Parking and loading. See ru.ticle 306. Parking is pe1mitted only in the second layer. (QF-)La n.dscaping. See a1ticle 307. (HG) Signage. See ru.·ticle 308. QR) Additional development standards. See article 30 9. (II) Architectural and design standards. See article 525. (KJ) Generalized permitted uses (see article 302 for specific uses and conditions of use). Uses Primru.y Secondary Street Street Res i dential Single-Family 27 ORDINANCE #2024-021 Residential ✓ Multifamily Commercial ✓ (Mixed-Use Compatible) General ✓ Co mmer cial Restricted ** Commercial Entertainment ✓ Lodging ✓ Civic and ✓ Institutional Transportation ✓ Industrial ✓ -Permitted u se * -Only select u ses permitted ** -See section 302-40 ✓ * ✓ Figure 303-15 Permitted use by story. O pen U \(" s·-1 -, O pc-n U ~<' s·-1-, -o,.. ... ll'm1ni.·- .. Othtr m~m 11srs 1111d j{oor-to-mlmg heiglm Ormu''° T S-1➔ O pen u,c s·-1, ~ o,. .... l 4°mla.:!4 °aaa Etw D,111ia B,,,.-h B/,,d. um and jiotJ ,·-to -rt•ili11 ... '.! hriglHs (KL) Building placement standards. Diagram NP = n ot pe1mitted Primary Second ary Key Street Street "F" Front Shopfront 0'-5' 0 '-10' Street BTL Setback with 0'-10' NP arcade Stoop 4'-8' 4'-8' Dooryard 8'-12' 8'-12' Porch NP 15' BTL 28 ORDINANCE #2 024-02 1 B alcony 8'-12' 8'-12' over por ch "C" Corner side setbac k 0'-5' IIG II Interior side 0'm in. 0 'min. setback , 1st layer "H " Interior side 0, . mm. 0 , . mm. setback , 2nd l ayer "I" Rear setb ack 0' min. 0' m in. (MI,) Building.frontage standards. Diagr am Standard Key "D" Min. depth of building in 1st layer 11 E1+ .. +E % of lot w idth for II which fa<;:ade mu st X b e on the BTL "R" Max. recess from B TL Primary Secondary Street Street 30 ' 30 ' 70% 50% 10 ' 15' Figure 303-16 Building placement. -----.... --, PrimarySrrm : : : : Lot Boundruies -Buildable area Sidewalk dedication: pursuant to adopt ed CRA Plan street sections. See "B" in diagram. 29 ORDINANCE #2024-021 (NM) Allowable building types, frontage types (see articles 310 and 311 for details) and minimum lot dimensions. Building Frontage types Types 1-1 Lot Q) Dimension > 0 "O ~ 2 ~ 0 Q) ,§ !1 Q 0.. <-P "O t 1E 0 0.. ro 1-1 0 0 0 (.) fr 0 0 ..0 -< ,,-< Q +-' ~ Q P-, if.) if.) Mansion s s 75 ' 100' Rowhouse s s P, P, 75' 100' s s Apartment s P, P, 50' s s ._,ive-Work P, 50 ' 100 ' s Commercial/Mixed P, p 50' 100' Use s Civic See civic building standards P -Primary str eet frontage. S -Secondary street frontage . Figure 303-17 Building height. (QN) Height. Maximum height, "K ", is fourteen (14 ) stories and one huncl±-ed fifty (150) seven (7) storiesfeet; max. hei ght varies by location. See height map and article 304 . The max imum allowable hei ght in this district is based upon proximity to adjacent residential zo ning districts, and a fixed height limit of four (4) stories within one hundred (100) feet from the EDBB. Allowable hei ght increases at a rate of one (l) foot per one (l) foot of horizo ntal distance from an adjacent residential zoning di strict boundaiy . Therefore, allowable height within one (l) p01tion of a prope1ty might be different than that permitted on another po1tion. Buildings must be des i gned ac cor dingly . The allowable height of buildings shown outside the di strict boundaiy on the height map is for informational pu rposes . 30 ORDINANCE #2024-021 Minimwn Height upp er story before recess "J" r equired recess "L" Street 20' on comer 3 stories~ setback side at ElesseF ef) secondary streets EO) Height zones mGlp. 1. The maximum allm.vable height in this district is based upen preximity te adjacent residential zening districts, and a fixed height limit aleng EDBB . Allev,•able height increases at a rate ef ene El) feet pet· ene and t\.ve thirds E 1. 66) feet ef herizental distance frem an adjacent residential zening beundary. Therefere, allewable height within ene El) pertien ef a preperty might be different than that permitted en anether pmiien. Buil dings must be designed accerdingly . 2. Allev1able height is indicated en the map as the base allewable height, plus additienal height that may be autherized by qualifying fer height benuses pursuant te miicle 305 . 3. The allewable height ef buildings just eutside ef the district beundmy is shewn fer fennatien pm-peses. [*REVISED MAP*) 31 ORDINANCE #2024-02 1 Legend D DISTRI CT BOlJ-JDARY MAX IMUM HEIGHT Height Zone A -2 stories Height Zone B -4 stories Height Zone C -7 stories Height Zone D -Varies per Sec. 304-20; ranges from 2 stories to 7 stories ( Legend I c:::J Q S TRICT SOUN DAR V I MAXIMUM HEIGHT, BY RIGHT ♦ INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVES) I -Height Zone A -2 stories Height Zone B -4 stories Height Zone C -7 stories Height Zone D -Varies per Sec. 304-20; ranges from 2 stories to 7 stories 32 0 110 :Z:,O N .,. I I Fttl I ORDINANCE #2024-021 Transitional Zone Figure 303-18 Maximum permitted height map. Legend D DISTRICT BOUNDARY MAXIMUM HEIGHT, BY RIGHT+ IN CENTIVE BONUS (SEE ARTICLE 305 FOR INCE NTIVES) 1111 A-2 stories. 24ft. ';0 B -2 stories, 24 ft. by right. and an additional 1 story. 11 fl with incentives -C-2 :stories. 24 fl by ,ighl. and up lo an addiliorol 2 stories. 24 n. w~h incentives .. 0-3 stories, 35 ft. by right, and up to .1n additional 3 stories. 35 n. with incentives E -7 stories. 80 ft. by right. and up to an additional 7 stories. 70 ft, with incentives F -Varies based upon sec. 304-20 Sec. 303-70. GTWY-MU, Beach Gateway Mixed-Use District. N 0 110 220 T . ..r (A) Intent and purpose. To capita lize on the proximity of conservation areas, waterways and the beach, by preserving a dditional land, thus enhancing the area's assets, by differentiating this district from the more urban EDBB mixed-use di strict, and b y allowing appropriate building h e ight to allow fo r reduction in footprint and developed land area. This will be accomplished by allowing relatively t all buildings built relatively close to t he street, whil e providing greater setback and landscaping between the building and street than in the East Dania Beach Boulevard mixed-use district. 33 ORDINANCE #2 024-021 Figure 303-19 GTWY-MU district map. (B) Density: max. 50 du/ac by right; up to 100 du/ac 1,vith density bonus. (C) F .A.R.: mmc 8.0Reserved. (D) Generalized pemlitted uses (see ai1icle 302 fo r specific uses and conditions of use): Uses Res idential Single-Family Residential Multifamily ✓ Commercial (Mixed-Use ✓ Compatible) General Commercial ✓ Restricted Commercial Entertainment ✓ Lodging ✓ Civic and institutional ✓ ✓ -Permitted use (E) Pervious landscaped lot area. Twenty-five (25) percent. May be reduced to t\venty (20) percent reduction available with incentive bonuses (see miicle 305). (F) Sustainable building requirements. See a11icle 305. (fil_Parking. See ai.1icle 306 . Structured pru·k.ing is not pe1mitted in the first layer. (HG) Landscaping. See ruiicle 307. (HI) Signage. See ai.1icle 308. 34 ORDJNANCE #2024 -0 2 1 (I-1) Additional development standards. See aiticle 309. (KJ) Architectural and design standards. See aiticle 525. (~) Building placement standards. Diagram Building Street Ty ne Key Placement P rimaiy Secondaiy Requirements (In Feet) 11c" Street I Other 30' 10' m in. setback structures mm. 11011 Interior side 10' except setback 15' ab utting (minimwn) resident ial 11111 Rear setback 25' (minimum) (Mb) Building frontage standards. Diagram Standai·d Key "D" D epth of 1st layer "E I + .. +E % of lot II w idth that X fa9a de must be bui lt on BTL "R" Max. recess from BTL All Str eets NIA NIA NIA Figure 303-20 Building placement. .-I Rn r I I ---I I I ~.,!?'!. I ........... = -. <wilt D • ,; J I I r,i ... ,y 5trtta L _:-..J Lo t llounclarics Buildablc area 35 I • ro. . • I i.: I I ORDINANCE #2 024-021 (NM) Allowable building andfi-ontage types. Building form is not regulated through bu ilding or frontage types in this district. CNN) Minimum lot width. One hundred (100) feet. (QG) Minimum lot depth. One hundred (100) feet. Figure 303-2 1 Permitted heigh t profile . T I ,, I \ 1:2' '1:2 I \ K I \ I \ I \ l ' 'J L Pi:operty line Proper ty line J (EP) Maximum building height. Two (2) feet for each one (1) foot of horizontal distance from street lines and property lines, not to exceed fo urteen seven (1 M) stories and one hundred fifty (15 0) feet . The maximum allowable hei ght in this district is based upon proximity to adjacent residential zoning districts and district streets. -Therefore, allowable hei ght within one (l) portion of a prope1ty mi ght be different than that permitted on another po1tion . Buildings must be des igned according ly . The al lowable height of buil dings just outside of the district boundaiy is shown on the height map for information pmposes. (Q) Height E01'WS map. 1. Th€l mairiffntt11 aU0woole height rn this €li striet is base€! Ut:J€ll1 flrnXllllity t0 a€1.jaeem resi€lelltial Z@lllllg €listriets oo€l €list.riot streets. All0wable lrnight inereases at a rnte 0ftv.·@ (2) feet per @lle (1) fu@t @f 1l@riz0ntal di stance frnm an a~aeeftt resi€leatial z0m:ng b@unelaty. Therefure, aH0 1.vable height ·.vithlll 0ne (1) p0rti0n 0f a prnfJ€lllJ' inight b@ €liffc ret1t than that t:JCrmitte€l @ft 000the r p0rti01:1. Buil€lrng s must be €le signe€l aee0ntingly. 2. Allowable height is indicated on the map as the base allowable height, plus additional height that may be authorized by qualifying for height bonuses pursuant to ai1iele 305. 3. The allov,<able height of bui l dings just outside of the district boundary is shovm for info rmation purposes . 36 ORDINANCE #2024-021 Figure 303-22 GTWY-MU district height map. (*Revised Map*] u.i ~ :I: t;:; w Vl ~ > < = ~ A Legend D Of STRICT BOUNDARY MAXIMUM HEIGHT Height Zone A -7 stories N o 110 220 440 1 ~Fee l/ Height Zone B -Varies per Sec. 304-20; ranges from 2 to 7 stories 37 ORDINANCE #2024-021 Legend Cl DISTRICT BOtMMRY MAXIMUM HEIGHT, BY RIGHT+ INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIVES) 1111 A-2 ~lorles. 2-1 N y v-B -2 sto1io$-. 2-1 ft. byrighli. :1nd;,n :,,ddltio,ul I story. I I ft wilh 1nc.enlh-es. C -2 $10dos. 24 IL by right. ,md up lo :>n ~dd,:,o,ul 2 :,lo,~. 2.f 11 with incentives -0-J :.tories. 35 I\. by rlglt. ;and up to ::in ::idd1h?1ul 3 ~tci-rio1-, 35 n. with lru::enth·Cl':. E -7 ~1ort0'$-. 00 I\. by ,;phe. ;,nd upto :1n iJdditiM.)I 7 st041i)os, 70 ft, wih inconciwis T1:>n:.ltion,>I Zono (Sot T1.::1n:.itknul Ho•gtn Pr0\i$.On~) F -R:>nge$ hon, I s10ry ;iidj:ic-enl to .a <hbt:t sttoet up lo 7 :.to,.o:.. 60 ft. by nghl .3nd 14 ~loti.0-::1, 150 feel with lncentr.'e~ N 440 1 Feet l\ Sec. 303-80. SFED-MU, South Federal Highway Corridor Mixed-Use District. 38 ORDINANCE #2 024-02 1 Figure 303-23 SFED-MU District Map SC>lalf~tt,.y Coflldor-M'l'.NIUH Ds:nc:t(SFED-MUJ -~~Hb _ SFEO-MU Pdm.1,y -Sllff'S PifinatySIIMU: • D:•ltH,'1/. • S. FedttllHv,y • Sictid¥1S\fff1 • $ingR01d (A) Intent and purpose. Redevelop the corridor with emphasis on the pedestrian and street life consistent with TOD principals. This wi ll be accomp lished by building close to the sh·eet, relocating parking facilities behind buildings, and mixing residential and commercial uses at medium intensities , designed to create interest and investment in the immediate neighborhood . (B) Density. Max . twenty -five (25) du/ac by right; up to fifty (50) d:llac 1.vith density bonus. (C) F.A.R. Max. 4.0Reserved . (D) Pervious landscaped lot area. Min. fifteen (15) percent; may be reduced to zero (0) perc ent vlith incentive bonuses (see mticle 305). Subsection 303 -30(E)(4) provide s for payment-in- lieu. (E) Sustainable building requirements. See aiiicle 305. [£l_Parking and loading. See article 306. Parking is permitted only in the second layer. Parking shuctures shall be set back from any secondary street by a minimum ofthi1iy (30) feet , which setback may be occupied by a liner building. (GF)Landscapin.g. See aiiicle 307. 3 9 ORDINANCE #2 024-02 1 (HG) Signage. See aiiicle 308. (II=I) Additional development standards. See aiiicle 309. QI) Architectural and design standards. See aiiicle 525. (KJ) Generalized permitted uses (see article 302 for specific uses and conditions of use). Uses Primary Secondai-y Street Street Residential Single-Family e Residential Multifamily ✓ ✓ Commercial (Mixed Use ✓ * Compatible) General Commercial ✓ Restricted Commercial * Entertainment ✓ Lodging ✓ Civic and Institutional ✓ Transportation ✓ Industrial ✓ -Permitted use. * -Restrictions apply. e -See Section 301-30. (1K) Building placement standards. Diagram NP =not Primary Secondai-y Key permitted Street Street "F" Street Shopfront 0'-5' 0'-15' with 0'-10' NP arcade Stoop 4 '-8' 4'-8' Doo1-yai·d 8'-12' 8'-12' Porch NP 15'BTL Balcony NP 15' BTL Over Porch Parking 30' min 30' min structure "C" Corner street 0-15' setback "G" Interior side 0'min. 0 1 • mm. setback, 1st layer 40 ORDlNANCE #20 24-021 "H" Interior side 01 • mm. 01 • mm. setback, 2nd layer 11111 Rear setb ack 01 • mm. 01 • mm. (Mb) Buildingji-ontage standards. Key Standard IIDII Min. depth of building in 1st layer "EI + .. +EX Min. %of " lot width that fa9ade must be on BTL "R" Max. recess fromBTL All Streets 301 50% 15 1 Figure 303-24 Building placement. -----..... --, R,,, I ! I H·1 t-1 :::.= I 1 I _ I .S j I Rm• G •I .f I .....__,. D 1 :§. I Y c· __!_ l....-.....1-• I ~ • E, • • Ex • f I_ B! Skltw.lk ckdiuuon _ I .,__ al r,1m.uvs ..... : : : : Lot Boun daries -Buildable ar ea Sidewalk dedication: pursuant o adopt ed CRA Plan street $ections. See "B" in diagram . (NM) Allowable building and ji·ontage types (see articles 310 and 311 for d etails) and minimum lot dimensions. Building Frontage Types Typ es 2 ti:! 0 <I) Lot ~ 0 c 0.. ~ "d C) C) 0 0 0.. ro Dimension I-< (tj 0 C) 0 0 0 ~ ~ ::S:"5: Cl f ...... P--< r:c Cl [/) [/) Mansion A, A , 75 1 1001 s s Rowhouse A, A, A , P, 75 1 100 1 s P , P, s s s 4 1 ORDINANCE #2 024-021 Apaitment s P, P, 50' 100' s s Live-Work P, 50' 100' s Commer cial/Mixed P, P, 50' 100' Use s s Civic See civic building standai·ds P -Primaiy street fron tage. S -Secondaiy street frontage. A -For through-l ot frontages on SW 7th and 10th streets, and SW 1st and 2nd avenues, a landscape buffer pursuant to section 275-110 is required unless the street frontage is built-out with mansion or rowhouse building types. Mansions ai·e subject to the development standai·ds of the NBHD-RES district. (fN) [ppe~-story setbacks. Ten ( 10) percent of lot width up to a mmdmum of thirty (3 0) feet required on corner sides (see "J" in diagram). Reserved . for any part of building exceeding three (3) stories (see "L" in diagram). Figure 303-25 Up per st ory setback. (QG) Height. Maximum height, "K", in d istrict is six (6) four (4) stories and seventy (70) feet: permitted height varies by location. See height map. (P) Height zones map. -l-. The maximum allowable height in this district is based upon proximity to adjacent residential zoning districts, and a fixed height limit along S. Federal Higlr.vay. Allowable height increases at a rate of one (1) foot per one and t\vo thirds (1.66) feet foot of horizon tal distance from an adjacent residential zoning d istrict boundaiy. Therefore, allowable height within one (1) pmtion of a property might be different than that permitted on another po1tion. Buildings must be designed accordingly. 2. Allowable height is indicated on the map as the base al lov,rable height, plus additional height that may be authorized by qualifying for height bonuses pursuant to article 305. ~ The allowable height of buildings just outside of the district boundaiy is shown on the height map for info1mation purposes. 42 ORDINANCE #2024-021 (RQ) Development of property for commercial use must be-fronting on Federal Highway or Sheridan Street, or must be assembled with prope1iies that -are-fronting-en Federal Highway or Sheridan Street. Figure 303-26 SFED-MU district height map . [*Revised*] 43 ORDJNANCE #2024-021 ~ ,_ a 11') 1!10 "" 1:D ,..., ,, • Legend !:G.tnt-•Cll!',A li•yCOl"ft00f" U'l(t'OUM Ow'>t:l~F£D.•'.,, Z,c, ,,. , ~ •• n~._ Lntt Maximum Height -l k !SI l ?or-c 8.-.: ~~on~ I ~ llrq;M Zorc (-JbngC's from Zen~/\ t,~ifhl \. l a 20-'l r 8 hd~hl i:~:~'".:in: tu .x'c .l,.."\!-20. 44 ORDINANCE #2024-0 2 1 t FKO 0 125 1'° SO) ''° ,.ooo Legend r---, Sc,..1h F edu11I H-..yCoftdar-Mx "" u~ L--.J Ol~rtd (SFED-tAJ) r -, Zcrin) &QunD.lf'lu fMXIMUM HEIGHT, BY RtGHT + INCENTIVE BONUS (SEE ARTICLE 305 FOR INCENTIV ES) e-4.51.IIMH 3S~0!':.Of'91l.ait1dUDI0 -■111t~l4al,ies,3S 401l."'th _,c,_...,,.a ~ ~e::~=-:~~ .a.;:f(jtoZc,,c B Sec. 303-90. NBHD-RES, Neighborhood Residential District. (A) Intent and purpose. To m aintain the overall single-family character of the neighborhoo ds by restricting establishme nt of new two -family dwellings and requiring design s that are compatible with single-family dwellings . 45 ORDINANCE #2024-0 2 1 (B) Generaliz ed permitted uses (see article 302 for specific uses and conditions of us e). Uses Residential ✓ Single-Family Residential * Multifamily Residential Two-* Family ✓ -Permitted use. * -Restricted pursuant to section 302-20. (C) Building placement standards. Diagram Key "C" Street Setback* "G" Interior Principal side building setback Accessory strnctures "I" Rear Principal setback building Accessory strnctures 15' BTL. 25' mm. 7' mm. 5' mm. 15' mm. 5' mm. Fig ure 303-27 Buildi ng p lacement. ..---------, Prim."")· Sm~i., : : : : Lot Boundar ies -Buildable ar ea 46 ORDINANCE #2 024 -02 1 (D) Building.frontage standards. Key Standard "D " Minimum depth of building in first layer N I A "E 1 + .. +Ex" Per centage of lot width fo r which a building m ust be 50% built at the built-to-line "R" Maximum recess from BTL N I A (E) Height. Maximum of two (2) stories and twenty-five (25) feet except as provided in secti on 302 -20(A)(2)(b). See "K" in diagram. Fig ure 303-28 Bu ilding heig ht. (F) Allowable building and frontage types (see articles 310 and 311 for details) and required lot di mensions. Building Types Frontage tf pes I-< Q.) ;::, Lot Dimension 0 'Cl Width Depth 2 ~ ,..q 0 ,..q ~ p.. (..) (..) (..) 0 0 I-< {tj 2:l 0 0 0 Cl ...., A.. i'.:Q A.. r/) Singl e-Family * ✓ ✓ 60 ' 90' Duplex * ✓ ✓ 80' 100 ' Mansi on * ✓ ✓ 80' 100' R owh ou se * ✓ ✓ ✓ ✓ 100' 100' Apartment * ✓ ✓ ✓ ✓ 160' 100' ✓ P e1mitted frontage type * Restricte d pursuant t o secti on 302-20 4 7 ORDINANCE #2024-021 Figure 303-29 Permitted driveway location. (G) Pervious open space. Min. thirty-seven (37) percent. (H) Parking. (1) Parking spaces and driveways for dwellings built to the fifteen___(.12}-foot BTL requirement in subsection (C) must be built to the requirements below: a . Parking spaces and driveways are not permitted in the front yard except within twenty (20) feet of one (1) interior side lot line (see Figure 303.70). b. Only one (1) driveway within the front yard is permitted as shown. c. An opaque fence or opaque landscape buffer is required along a side lot line adjacent to a driveway. d. If the property does not have alley access , a garage may be provided with access from the primaiy or secondaiy street. (2) Pai·king spaces and driveways for dwelling units with twenty _ilill-foot setback or greater may be built as identified below: a. Parking spaces and driveway may be located in the front y ard if the minimum required dimensions me provided. b. A gai·age may be located at the front of the residential structure provided building setbacks ai·e met. c. A circulai· driveway may be installed in the front ymd provided a minimum of three- foot setback is provided between the edge of driveway and interior side property line on each side. Each curb opening must be a minimum of ten (10) feet. The minimum radius measured from the property line is five (5) feet. (I) Sustainable building requirement. See aiticle 305.{Parking requirements.} For pm·king requirements see article 306. (J) Landscaping. See aiticle 307. (K) Signage. See aiticle 308. (L) Additional development standards. See aiticle 309. (M) Architectural and design standards. See aiticle 530. 48 ORDINANCE #2024 -02 1 Sec. 303-100. Marine district. (A) Intent and purpose. The purpose of the Marine district is to fmiher the goals of the CRA Redevelopment Plan, and to encourage expansion of the marine industry by permitting marine uses which are primarily conducted within a building and which have limited impact outside the building. Some marine u ses are permitted to be located outside of a completely enclosed building, subject to conditions or special exception approval. This district is also intended to permit some marine-related commercial uses, as either a permitted use or a specia l exception use. (B) Permitted uses (see article 110 for specific uses and conditions of use). (C) Building placement standards. STANDARD Street setback * 30' min. Yard abutting 50' min. residential * Interior side 20'min. setback ** Rear setback ** 15' min. * The first ten (10) feet adjacent to any street or public thoroughfare line shall be landscaped and s hall not contain parking ** The first five (5) feet adjacent to any lot line shall be landscaped and shall not contain parking. (D) Height: maximum of three (3) stories and tv,,enty five . (E) Percentage of lot coverage: no more than seventy (70) percent of total lot area shall be covered by buildings or structures. (F) Sustainable building requirements. See aiiicle 305. (G) Parking and loading. See aiiicle 306. (H) Landscaping. See aiiicle 307. m Signage. See ai1icle 308. (D Additional development standards. See aiiicle 309. (K) Architectural and design standards. See aiiicle 525. ARTICLE 304. BUILDING HEIGHT AND TRANSITION REGULATIONS 49 ORDINANCE #2 024-021 Sec. 304-10. Generally. (A) [Maximum building height.] Maximum building height is detennined by the maximum height map and textual standards for each district. Additionally, in the City Center District, there are minimum lot size and lot dimensions required in order to achieve the maximum permitted height. The height map for each district shows the maximum building height and number ofin stories both 1tvith, and without, the awffi:·ding of height incentive bonuses. Therefore, the maximum height shown on the maps is possible only 1tvhen the developer earns an adequate level of incentive bonuses pursuant to m1icle 305 to allow a project achieve the maximum height shown on the map . (AB) [Allowable heights.} The allowable heights shov,rn on the height map for in each district is determined by: (1) Maximum pennitted district height; (2) Maximum permitted height along a given street or street segment, as applicable; (3) Maximum permitted height adjacent to the FEC Raikoad conidor; (14) Transitional height standards adjacent to neighborhood residential zoning districts. (C) Transitional height zones. The maps showing maximum pennitted height throughout each zoning district include transitional height zones in those portions of mixed-use distiicts where the allowable height varies with distance from single-family residential neighborhoods-and the Florida East Coast Railroad (FEC) right of way. Transitional height zones are established to ti·ansition building height adjacent to neighborhood residential district boundaries and the FEC raikoad right of 1,vay. Height within a transitional height zone is based upon a formula of allowable height per distance from the adjacent neighborhood or FEC right of way. feaµu·e . The transitional height zone is also applied to each development site within the GTWY-MU Disti·ict because allowable building height varies based upon the distance of a building, or portion of a building, from property lines. (CD) [Exceptions.} The following stluctures may exceed the maximum height of a limit for buildings or -and stluctures by the lesser of twenty-five (25) percent or fifteen (15) feet: ( 1) Rooftop structures for the housing of solar panels, elevators, stairways, tanks, sky lights, ventilating fans, air conditioning or similar equipment required to operate and maintain the building (2) Radio, television and telecommunication antennae, whether freestanding or roof- mounted. (E) f Additional exceptions.} The following structmes may exceed the maximum hei ght limit for of a buildings and-or structures by not more than twenty-five (25) percent: (1) Cupolas, steeples, chinmeys and other decorative rooftop projections, provided that the aggregate coverage of all such structures does not exceed twenty-five (25) percent of the total roof area. (F) [Exception for ham radio antennas.} Ham radio antennas may exceed the maximum height limit for of buildings and-or structures by forty ( 40) percent, not to exceed one hundred fifty (150) feet. 50 ORDINANCE #2024-021 Sec. 304-20. Rules of height transition from neighborhood residential zoning districts. (A) When a lot line or alley forms a boundary between a neighborhood residential zoning district and a mi xed-use zoning di strict, the minimum setback from said lot line or alley line shall be as follows for the lot in the nomesidential or mixed-use district: (1) Fifteen (15) feet measured from an interior side lot line of a lot within a neighborhood residential zoning district, as illustrated in Figure 3 04-1. (2) Twenty-five (25) feet measured from a rear lot line of a lot within a neighborhood residential zoning district, as illustrated in Figure 304-2. (B) The maximum allowab le building height on the lot within the mixed-use district shall be the lesser of two (2) stories or twenty-five (25) feet at the minimum setback line, and shall increase at a constant rate of one (1) foot for each one ( 1) and two thirds (1. 66) feet foot of distance from the minimum setback line, as illustrated in Figure 304-2. Figure 304-2 Figure 304-1 ,,~=>=!,=I Transitional heigl1t --) / / / I ,, 1:1 ,, ~~ ~:::;:=:::::;:::~I 25" ------r:;::::::),!..==1 Im) 11 l!ffl Residential clis1rict lfmi11 r,ml +-Zoning bomula,y am/ p1ope1ty liue Mixed-use clislticl II/us/ration of a mixed-use zon e abulling a residential neighborhood zone (zone boundary is the common rear lot line) 51 ORDINAN CE #2 024-0 2 1 Figure 304-3 Illustration of height transition when a street centerline forms a residential neighborhood zone boundary (C) Where a street centerline fo1ms the boundary between a neighborhood re sidential zoning district and a mixed-use zoning district, the following standards shall apply to any lot within the mixed-use zoning district that abuts the boundary street, as illustrated in Figure 304-3. (1) The build-to-line along the boundaiy street shall be fifteen (15) feet. (2) One (1) of the following building types must be constrncted: mansion apaitment building or rowhouse building. (3) The height of the building shall be exactly two (2) stories not to exceed twenty-five (25) in height feet for the fir st fifty (50) feet measmed from the BTL. Mansion apaitment or rowhouse buildings may be u sed as liner buildings or as freestanding buildings on the lots abutting the boundaiy street. (4) At fifty (50) feet measured perpendiculai· to the BTL, three (3 ) stories or thi.tty-five (35) feet of building height is pe1mitted, and pe1mitted height shall increase by one (1) foot for each additional one_ill and 1:\vo thirds (1.66) feet foot of horizontal distance measured p erpendicular from the BTL. See. 304 30. Rules of height traB:sitioB: adjaeent to FEC Railroad eon-idor. (l...) For lots 1.vith a rear or side yard abutting, or separated only by an alley from, the FEC right of v1ay, a maximum building height of three (3) stories and thirty five (35) feet is permitted at the minimum setback line, and may increase by one (1) foot for each one (1) foo t of horizontal distanc e away from the rear setback line, up to a mmcimum of six (6) stori es and seventy (70) fee t. See Figme 304 4 for illustration. (B) For l ots fr onting on streets that abut the FEC right of 1,vay, a maximum building height of trn=ee (3) stories and thirty five (35) feet is permitted at the street side BTL, and may increase by one (1) foot for each one (1) foot of horizontal di stance from the street side BTL, up to a mmcimum of six (6) stories and seventy (70) feet. 52 ORDINANCE #2024 -02 1 Figure 304-4 T ra11silional height ---y' ,_/;.;.,~./ ~,_, --->=j ARTICLE 305. INCENTIVESSUSTAINABLE BUILDING REQUIREMENTS. S ec. 305 10. Applicability. Sec. 305 20. Schedule of incentives. The table belov,' shov,s the amenities that qualify for height, density and impervious area incentives within the different districts. The amount of the bonuses are delineated below the tab le . The developer can determine the type and e>ctent of amenities to provide in ordei' to reach the maximum permissible height shown on the height maps. ¥--Incenti,,e credit Districts a,,railable l'>t Incenti,1e Ci'edit not a¥ailable bist of amenities that GG EDBB SFEQ NBHD GT¥.l¥ NBHD qualif)r for development MlJ MlJ MlJ MlJ RES incentives Provide public opeR space ¥ N N ¥ N N or paseo [s ee section 305 1{}l Pro 11ide attaiflab le housiflg ¥ ¥ ¥ N N N r --• __ ')f\C Af\l ~ ~ ---- Use sustainable buildillg ¥ ¥ ¥ ¥ ¥ N -. -r • __ ')l\C Cf\l . ...... _, .... .., ......... Prn 1iide public parking ¥ ¥ ¥ ¥ ¥ N r L" 'J A C t::Al I ~ ...,, V .J .......... I Prn•Ade publi c parks ¥ N N N ¥ N [sectioR 3 05 +O~ (A) In the City Center District and the Gateway M ixed Use Qistrict, a development may be eligible for a density and height bonus not to exceed a maximum of t\vo (2) stories and thirty 53 ORDINANCE #2 024-021 (30) du/ac subject to the maximum density and height limitations established under the applicable zoning district. The public park incentive fee shall be calculated prn=suant to section 305 70(b), 1.vhich shall be applied to the city's park fund for park land acquisition or park improvements. The full public park incentive fee shall be paid in order to exercise any density or height bonus or combination thereof, under this section. The full public park incentive fee shall be paid regrn.·dless of whether the use of the density or height bonus is limited by the mmdmum density or h eight established under the applicable zoning district or the applicant chooses not to e>cercise portions of the height or density bonuses. Eligibility for a density and height bonus under this section shall require development containing a minimum of 1:\venty five (25) dv,elling units. (B) The public park incentive fee shall be equal in value to fifty cents ($0 .50) per square foot of estimated residential gross floor rn.·ea. (C) For purposes of this section, residential gross floor area shall be defined as the sum of the habitable horizontal rn.·ea of all residential floors of all stories of a residential building or structure under a roof, and including, interior amenity areas, clubhouses, lobby areas hovreVei' eJw luding private garages, maintenance rn.·eas, utility areas, operational areas, storage closets, electrical and mechanical facilities, balconies, stain.vells, elevators, basements and subbasements, covered parking, loading areas, and parking structures. (D) The contributions referenced in this section are calculated in 2014 dollars and shall be adjusted by the Consumer Price Index on an annual basis. (E) Payment of the public park incentive fees shall be made prior to issuance ofa building permit. See. 305 30. laeeatives for pravidiag puhlie apea spaee. (A) In the Neighborhood Mixed Use District, one (1) story and ten (10) du/ac for a minimum two thousand five hundred (2,500) sf open space that complies with ffiticle 312, or a pedestrian paseo that complies 1.vith section 309 20 . The open space or paseo shall satisfy one hunck-ed (100) percent of the pervious open space requirement for the lot that provides it. (B) In the City Center District, 1:\vo (2) stories and twenty (20) du/ac for a minimum 1:\vo thousand five hundred (2,500) sf open space that complies v,ith aiticle 312, or pedestrian paseo that complies 1,vith section 309 20, and one (1) story and ten (10) du/ac for each full additional one thousand five hundred (1 ,500) sf of open space that complies 1,1,rith article 312. The open space or paseo shall satisfy one hundred ( 100) percent of the pervious open space requirement for the lot that provides it. (C) Adjoining lots can each contTibute a p01tion of a single open space and eain the bonus. The bonus shall be allocated among the lots proportionate to the open space contribution as agreed ben.veen the property ovmers in a binding development agreement or other instrument acceptable to the city attorney . (D) This intensity bonus is available at the determination of the city commission or designee based upon whether the any given location is appropriate and desirable for open space. (E) The standai·ds for provision of public open space for incentive credit shall be as provided in aiticle 312. 54 ORDINANCE #2 024-021 See. 305 40.Iaeeatr.'es far flFOvidiag attaiBable housi:Bg. (f..) Definition. Attainable housing shall mean "workforce," "moderate \Vorkforce" and "low income" as defined by the Administrative Rules Document of the Broward County Land Use Plan, article 8, and includes both owner occupied and rental housing. BB [W-0rkforce i,wome unit bonus.} Bonus of one (1) market rate dwelling unit for each unit in the building that is v,rorkforce income, up to the maximum density allowed in the district. One (1) additional story shall be permitted for every ten (10) du/ac of bonus market rate units that are awarded, or fraction thereof. Exam.ple: a one acre lot v;rithin the SFED MU District is permitted to build twenty five (25) du (25/ac) by right and up to fifty (50) du/ac through the attainable housing bonus. Of the t\venty five (25) permitted units, all 1,vill be 1,vorkforce income units, 1.vhich allows a bonus of twenty five (25) market rate units. The developer may now construct fifty (50) du (25 =I= 25), which does not exceed the maximum fifty (50) du/ac density allowed with bonuses. The twenty five (25) bonus units equal a bonus density of twenty five (25) du/ac, 1.vhich divided by ten (10) du/ac per story equals t\vo and one half (2.5), rounded to tln-ee (3) bonus stories . (C) {},foderate ·workforce income unit bonus.} Bonus of three (3) mm·ket rate dwelling units for each moderate workforce income unit up to the maximum density allowed in the district. One (1) additional story shall be pem1itted for every ten (10) du/ac of bonus mm·ket rate units iliat are av,1arded, or fraction thereof. Exarnple: a one acre lot wiiliin the SFED MU District is permitted to build twenty five (25) du (25/ac) by right and up to fifty (50) du/ac thrnugh the attainable housing bonus. Of the twenty five (25) permitted units, the developer incorporates eight (8) moderate income units, which allov~•s a bonus of twenty four (24) mm·ket rate units. The developer may now construct forty nine (49) du (25 =I= 24), which does not exceed the maximum fifty (50) du/ac density allowed with bonuses. The t\venty four (24) bonus units equal a bonus density of t>.venty four (24) du/ac, 1.Nhich divided by ten (10) du/ac per story equals tv,ro and folff tenths (2.4), rounded to three (3) bom1s stmies. (D) {Low income unit bonus.} Bonus of five (5) mm·ket rate dv,relling units for each lo w income unit up to the maximum density allowed in the district, provided that no additional bonus units m·e available for providing low income units in excess of fifteen (15) percent of the number of dwelling units in the building. One (1) additional story shall be permitted for e:i1ery ten (10) du/ac of bonus market rate units that m·e awm·ded, or fraction iliereof. Exa,nple: a one acre lot within the SFED }.4U District is permitted to build twenty five (25) du (25/ac) by right and up to fifty (50) du/ac through the attainable housing bonus. Of ilie twenty five (25) permitted units, the developer incorporates five (5) low income units, which allo1.vs a bonus ofti.venty five (25) mm·ket rate units. The developer may now construct fifty (50) du (25 =I= 25), which does not exceed the maximum fifty (50) du/ac density allov,•ed with bonuses. The five (5) low income units also does not eJweed 15 pernent of the number of units in the building (five (5) units is ten (10) percent of fifty (50) units). The t\venty five (25) bonus units equal a bonus density of twenty five (25) du/ac, v,rh.ich divided by ten ( 10) du/ac per story equals two and one half (2.5), rounded to three 93) bonus stories. 55 ORDINANCE #2024-021 (E) [Combined bom1Ses.} Bonuses may be combined for providing different degrees of attainable housing within one development site. (F) {Eligibility requirements.} In order to be eligible for density and height bonuses under this section, the developer shall first guarantee the attainability of the unit for the specified income level as either rental or o\vner occupied housing for a period of at least thirty (30) years via a restrictive covenant in a form acceptab le to the city attorney may require. The city commission may establish a one time fee applicable to each development that rec eives bonus units to offset the cost of administering the attainable housing program. Sec. 305-10. Applicability. All City buildings greater than 50,000 square feet in enclosed floor area shall comply with the requirements of this aiiicle. See. 305 50. Sustainable building pnetiees; voluntary greea building/developmeat program. (A.) O,;en1iew. The CR.A green building/development program is a voluntary program that developers may choose to participate in, for 1.vhich incentives outlined in this section shall be awarded. Development incentive credit for sustainable ("green") building practices be awarded based upon qualifying site design, construction and possibly, as applicable, operational practices. Sec. 305-20. Green building; green building practices. (B) Green building; green building pr€lctices. Green building practices refers to building and building site design, materials and construction techniques that minimize demand for nomenewable material and energy ·resources, water consumption, and minimize the generati on of waste products, pollution, and stom1water runoff. Gi-een building practices ai·e generally consistent with the techniques used to achieve certification of construction and development through third party the green building and development ce1iification programs including ~the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED)_,and the F lorid a Green Building Coalition, and Florida Green Lodging. (C) Rating organiz€lti01~s. This program awards credits based on selected third party green building/development certification programs, including, but not limited to, the Florida Omen Building Coalition, Florida Green Lodging, and U.S . Green Building Council Leadership in Energy and Environmental Design (LEED). Sec. 305-30. Third party certification required. (A) The City shall formally apply for third-pai:ty ce1iification with the selected third-party green building/ development rating organization, which includes meeting all the submittal, application and fee req uirements fo r the selected third-paiiy ce1iification. (B) Projects sub ject to this a1iicle must achieve at least a go ld-level ce1iification. (D) Approval e.f esl€lblished thb·d party sl€lndards. A:pplicants seeking to participate in the voluntary green building/development program cli·e required to schedule a preliminary 56 ORDINANCE #2 024-021 development application meeting 1.vith the community development director. At the preliminary development application meeting, the applicant shall identify the third party green building/development standards proposed to be incorporated in the project design and implementation, and provide a copy of the standards to city staff the community dei,zelopment director for review. If the standards of a third party ce1tification program other than those listed in [subsection] (B) are proposed, the city staff [and] the community development director will review the standards of the rating organization ce1tification program intended to be used by the applicant and notify the applicant if the proposed program and standards are accepted or rejected for the voluntary green building/development program . (E) Review process and certification options. Applicants seeking to participate in the voluntaiy green building/development program must choose to either: (1) Formally apply for third paity certification with a selected third paity green building/ development rating organization approved by the community development director, vm.ich includes meeting all the submittal, application and fee requirements for the selected third paity certification; or (2) As an alternative to formal application for third pmty organization ce1tification the applicant may participate in the city's cost recovery green building/development rev iev,r process. The community development director shall review and verify the third party green building/development standards proposed to be incorporated in the project design and implementation. The applicant shall document compliance with all of the third party certification criteria to the satisfaction of the community development director. (F) Afinimum submittal requirements for applying for voluntary green building or development program/receipt ofincenti·;es. Site development plan submittal requirements to participate in the voluntary green building/de,,zelopment program shall include the following: (1) Documentation that the applicant has participated in the preliminary development application meeting and has received approval from the community development director to utilize the third party green building/development stai1dards used in the site development plan submittal. (2) Written statement identifying the review option selected by the applicant (demonstration of formal third paity certification of the project, or community development director verification of project compliance with third party green building/development standards through cost recove1y based reviev,0 . (3) A completed residential green de,,zelopment/building checklist, with a nanative explanation of how the green building measure is being incorporated. (4) The city shall require that the proposal exceed the number of points necessaiy for incentive credit under this section by a margin to be established administratively for each third paity certification program. The intent is to ensure ceitification as best possible in the event that a given green measure fails to qualify after constrnction is completed. (5) f,. notarized affidavit from the project architect demonstrating that the approved green building measures have b een incorporated into the project plans. (6) Project site and engineering plans that cleai·ly detail all green building measures which are intended to qualify for incentives. 57 ORDINANCE #2024-021 (7) A notarized affidavit certifying that a green building expeit professional ceitified or accredited by a third pruty green building and development rating orgrulization deemed acceptable by the community development director is a prut of the development team and shall remain part of the project team throughout its duration (i.e., from the design stage through final building inspection/issuance of ceitificate of occupancy). (G) Ince,~ti 1;es. (1) Developments that meet all of the criteria for certification under a third pruty program, in accordance with [subsection] (D) above, plus the additional point margin to be established administratively by the city, shall be av,,ru·ded four (4) stories and twenty eight (28) du/ac as a bonus, subject to the maximum height and density limitations of the applicable district, as well as a five (5) percent impervious area bonus. (2) Developments that qualify for at least one half 0~) of the total number of points required for third party certification pursuant to subsection (E)(2), plus the additional point margin to be established administratively by the city, shall be av,mded tvt'o (2) stories and fourteen (14) du/ac as a bonus, subject to the maximum height and density limitations of the applicable district. (H) Performance bond Pruticipants in the voluntffi)' green building program, prior to issuance of a Certificate of Occupancy, shall post a performance bond, letter of credit or other fonn of surety approved by the city attorney. (1) The amount of the required performance bond, letter of credit or other approved form of surety shall be calculated as follows for projects seeking the incentive bonus for meeting third party ce1tification requirements: (a) Four (4) percent of the total cost of constrnction for a development ofless than one hundred thousand (100,000) square feet of building area. (b) Three (3) percent of the total cost of constmction for a development of up to tv10 hundred thousand (200,000) squru·e feet of building. (c) '.f\vo (2) percent of the total cost of constmction for any building greater than nvo hundred thousand (200,000) squru·e feet. (2) The amount of the required performance bond for projects seeking an incentive bonus for eruning at least one half of the points needed for third pruty certification shall be one half (Vi) of the bond amount required in paragraph (I). (3) In the event the completed development do es not achieve the third party ce1tification or the number of points for 1vvhich the incentive bonus was based, a p01tion of the surety shall be forfeited in an amount equal to the percentage of the required thjrd party point total not earned. However, if the development does not qualify for at least ninety (90) percent of the numb er of points required to erun the bonus, the entire bond amount shall be forfeited. (4) The city may call on the perf01mance bond if: (a) The third pruty certification is not achieved 1.vithin one (1) year of the city issuance of the ce1tificate of occupancy for the building; or 58 ORDINANCE #2 024-02 1 (b) In the case of city verification of credits in accordance 1.vith paragraph (G)(2), if the community de:r1elopment director determines that the development does not qualify for the credits upon which the incentive bonus is based v,ithin one (1) year of the city issuance of the certificate of occupancy for the building. Funds that become available to the city from the forfeiture of all or part of the surety shall be placed in the sustainable development fund established by the city, which shall be used to fund sustainable and energy efficient city initiated capital projects including, but not limited to, 1.vater efficient landscaping, open space acquisition and improvements, traffic calming, public transportation related improvements, pollution mitigation, sustainability improvements to public facilities, or similar improvements as deemed appropriate by the city commission. Sec. 305 60. Provide public parking. Bonus of one (l) story, five (5) du/ac, and two and one half (2.5) percent impervious area for each ten (10) public parking spaces provided to the city for public parking use through city approval of dedication of the spaces for public use, or for payment in lieu of off street parking in accordance v,ith section 265 92 through provision of a shared parking agreement in a form approved by the city attorney, which shall restrict the spaces for public use, and shall run with the subject property in perpetuity. The intensity bonus shall not exceed the mmdrnum height, density and minimum impervious area limitations of the applicable district. Sec. 305 70 . Incentives for public pa1·ks. (A) In the City Center District and the Gatev,•ay Mixed Use District, a development may be eligible for a density and height bonus not to eJrneed a maximum of t\vo (2) stories and thirty (30) du/ac subject to the maximum density and height limitations established under the applicable zoning district. The public park incentive fee shall be calculated pursuant to section 305 70(B), which shall be applied to the city's park fund for park land acquisition or park improvements. The full public park incentive fee shall be paid in order to exercise any density or height bonus or combination thereof, under this section. The full public pm·k incentive fee shall be paid regardless of whether the use of the density or height bonus is limited by the mmdrnum density or height established under the applicable zoning district or the applicant chooses not to exercise po11ions of the height or density bonuses . Eligibility for a density and height bonus under this section shall require development containing a minimum of t\venty five (25) dwelling units. (B) The public pm·k incentive fee shall be equal in value to fifty cents ($0.50) per squm·e foot of estimated residential gross floor m·ea. (C) For purposes of this section, residential gross floor area shall be defined as the sum of the habitable horizontal area of all residential floors of all sto ries of a residential building or structure under a roof, and including, interior amenity ffi:eas , clubhouses, lobby areas hov,ever excluding private garages, maintenance m·eas, utility m·eas, operational areas , storage closets, electrical and mechanical facilities, balconies, stairwells, ele11ators, basements and subbasements, covered parking, loading m·eas, and pm·king structl:H'es. (D) The contributions referenced in this section are calculated in 2014 dollm·s and shall be adjusted by the Consumer Price Index on an annual basis. 59 ORDINANCE #2024 -021 (E) Payment of the public park incentive fees shall be made prior to issuance of a building permit. ARTICLE 310. BUILDING TYPES Sec. 310-10. Residential building types. (A) Single-family detached dwelling. A detached dwelling unit located upon its own lot, having usable front, side and rear yards. This building type has the greatest setback from the street of all residential types, and the greatest overall combined yard area. This type is appropriate in established neighborhoods predominated by single-family detached dwellings and two- family dwellings. A porch frontage or balcony over porch frontage is required. (B) Two-family (duplex) dwelling. A dwelling containing two (2) dwelling units that may be attached vertically or horizontally. A porch frontage or balcony over porch frontage is required. See section 525-40 for design standards applicable to two-family dwellings. (C) Mansion apartment house. Three (3) or more apartments within a dwelling designed to appear like a large single-family detached dwelling with usable front, side and rear yards. The apartment units may be ananged vertically, horizontally, or both. Parking is permitted in the rear yard and one side yard. Side yards must be fenced. See section 525-40 for design standards applicable to mansion apaitment houses. (D) Rowhouse dwelling. A dwelling containing three (3) or more dwelling units built close to the street line, and attached side-to-side with each unit spanning the front ym.·d to rem.· yai·d. All units must front a public street. Ground-floor units must access the street frontage through a porch, doorym.·d or stoop frontage. When designed with paity walls and one (1) unit from ground to roof, townhouse units may be owned in fee simple with the land upon which situated. Stacked townhouses or stacked flats take on the same form as townhouse buildings, except that upper-floor units me accessed from internal foyers connecting to stairwells. Maxinmm height is five (5) stories. Pai·king is in the rear. Side yards must be fenced or gai·den/street wall used unless the yard is used for driveway access to the rear yard. (E) Apartment building. A dwelling located at, or close to, the street line, containing four (4) or more apaitment units. This type is also used for hotels without commercial uses. Numerous configurations m.·e possible, using double loaded corridors or lobbies on each floor, off of which units are accessed, or courtym.·d frontages where units m.·e accessed directly from the corutyard. Aprutment buildings must have a minimum two (2) stories and can take the fonn of high-rise towers. Doorymd, stoop, or balcony over porch frontages must be used. Apartment buildings under five (5) stories in height must provide individual access to each ground-floor unit fronting the, street. Apm.iment buildings five (5) stories and higher may 60 ORDINANCE #2024-021 provide a central lobby entrance instead, using a permitted frontage type. The upper stories of an apartment building may be the same as those for a commercial/mixed-use building. Parking shall be in the rear, and may include structured parking. Interior side yards must be fenced or street wall used pursuant to section 307-30 unless the yard is used for driveway access to the rear yard. Sec. 310-20. Nonresidential and mixed-use building types. (A) Commercial/mixed-use building. A building located at or close to the street line, with ground floor devoted to commercial use, and upper floors devoted to commercial, lodging, or residential use, provided that commercial use floors shall not b e located above residential use floors . Interior side yards must be fenced or a garden/street wall u sed unless the yard is used for driveway access to the rear yard. The shopfront or modified shopfront are the permitted frontage types, provided that modified shopfronts are not permitted within the City Center core. (B) Live/work building. A building containing the primary places of work for occupants of attached dwelling units. Live/work buildings are located at or close to the street line, characterized by ground floor work units each connected to a dwelling unit located behind the work unit on the ground floor, above the work unit on an upper floor, or both. Work spaces may extend to upper floors. Additional work units and residential units may be located on upper floors, provided that work units and dwelling units are each stacked, such that no residential unit shares a floor or ceiling with a work space other than the one to which it is com1ected . Permitted frontage types are shopfront and modified shopfront. Interior side yard requires a garden/street wall unless the yard is u sed for ch-iveway access to the rear yard. (C) Civic building. A building containing public governmental or civic uses such as governmental centers, schools, museums, convention centers, perfonning arts centers, or places of worship. Civic buildings represent physical symbols of the city's social , cultural, ·educational, and governmental activities. The physical composition of civic buildings should resu lt in distinction from common buildings used for dwelling and business. The building should be situated prominently on its site, many times set back from the street with public open space. Therefore, new civic buildings and alterations to existing civic buildings require city commission approval of the bui lding design, orientation and placement upon the lot. Accordingly, the city commission may waive the following requirements of the CRA form- based zoning regulations to the extent that the proposed site plan :finihers the intent of this subsection: (1) District site development standards; (2) Architectural de sign standards; (3) Frontage type standards. 61 ORDINANCE #2 024-0 2 1 Sec. 311-10. Genera lly. Figure 310-1. This building is viewe d across a public plaza, complimenting its prominent architecture and announcing tha t it is a place of civic importance. Figure 310-2. This illustra tes the strategic and prominent positioning of a civic building at the end of a view corridor, centered on its site, the use of symetry and open space to frame the bu ilding. Figure 310-3 This building is viewed across a pub lic plaza, complimenting its prom inent architecture and announcing that is a place of civic importance. ARTICLE 311. FRONTAGE TYPES (A) The front of every building must face a street. The rear of a building, loadin g zones, overhead doors and service entries are prohibited on street-facing fa9a des. (B) Buildings shall provide a pe1mitted fro ntage type along the street frontage. All principal buildings shall have a principal entrance opening to a public sidewalk along a street, public plaza, or private courtyard that opens to the street, con sistent with a p ermitted frontage type . 62 ORDINANCE #2024-02 1 The principal entrance shall not open onto a parking lot. Frnthermore, all buildings must provide entrances to individual ground-story shopfronts or dwelling units along the public sidewalk, plaza or corntyard unless otherwise provided in the building type regulations. (C) Comer lots that have frontage on two (2) streets are required to have entrances only on the principal street frontage. Streets designated as primary streets in the district regulations shall always be the principal street frontage. Corner lots at the intersection of two (2) primary streets shall either treat both streets as primaiy frontages or shall treat the street with the longest frontage along the block face as the primary frontage. (D) Building fayades shall be built parallel to the street line, or parallel to the tangent of a curved principal frontage line. This provision is not intended to limit or preclude alcoves or variations in the plane of the street-front fayade , nor the provision of plazas . (E) Secondaiy comer streets within all districts other than the neighborhood residential district shall be treated as follows: (1) The building shall be built to the BTL of both streets within thirty (30) feet of the comer unless the corner is a dedicated public plaza. (2) Fenestration and architectural detailing shall be provided to the greatest extent possible along the secondaiy street pursuant to the applicable frontage type and design standai·ds. Any portion of the secondaiy street frontage not built to the BTL shall provide a minimum five-foot-wide planting strip placed at the back edge of the sidewalk, and a street wall shall be built at the back edge of the planting strip pursuant to the design standai·ds of this article. (F) All stories above the ground story shall provide between thirty (30) and sixty (60) percent fenestration. Sec. 311-20. Frontage type definitions and standards. B:i f.-BTL Porch frontage I BTL Balcony over porch frontage (A) Porch frontage. A covered entry and outdoor room, elevated between eighteen (18) inches and three (3) feet above the sidewalk, used in conjunction with front yai·ds, that may extend forward of the building fayade as a yai·d encroachment. A low fence no more than three (3) 63 ORDINANCE #2 024-021 feet above the sidewalk may be used at the edge of the sidewalk in combination with a porch when the porch is set back from the sidewalk. Alternatively, a retaining wall not higher than three (3) feet may be used to raise the front lawn with steps leading through the retaining wall connecting the sidewalk with porch, provided that adequate on-site stormwater retention is provided. A variety or porch designs are possible using the following standards: (1) Eight (8) feet minimum depth; (2) Twelve (12) feet minimum width; (3) Ei ght (8) feet minimum vertical clearance from floor to ceiling for retrofits, but ten (10) feet is ideal. (B) Balcony over porch frontage. A frontage where the second-floor balcony or tenace extends completely above the first-floor porch and forms its roof. This pattern may be repeated up to and including a fourth floor. ~ f-BTL Door ya rd fl f-sn. Stoop fn:lnt.u;i ~ (C) Dooryard frontage. A shallow yard, generally eight (8) to twelve (12) feet in depth, open to the sky, separates the sidewalk and building fac;ade. Accordingly, the minimum street setback is ei ght (8) feet and the maximum street setback is twelve (12) feet, except that a greater BTL may be required in district edge conditions. The yard may be at grade and separated from the sidewalk by a low decorative translucent fence of four ( 4) feet maximum height, or a tenace elevated not more than three (3) feet above the sidewalk that may also utilize a low decorative translucent fence. Residential dooryards can be open for the use of the dwelling occupants, but should be landscaped for greatest privacy. A tenace is su itable for an outdoor cafe as the eyes of diners are at the same level as passersby on the sidewalk. Upper-sto1y balconies may extend up to four (4) feet fo1ward of the BTL. (D) Stoop frontage. An exterior stair and landing at a building entrance that extends fmward of the BTL as an encroachment, located close to the street line and elevated between one (1) and eighteen (18) inches and three (3) feet above the sidewalk, securing privacy for the windows and front rooms , and demarcating a ve1iical transition from public to private realms. This type is suitable for ground-floor residential use, and may be interspersed with the shopfront 64 ORDINANCE #2 024-021 frontage type. The street setback for a stoop frontage shall be the depth of the stoop, which shall be not less than four (4) feet and not more than eight (8) feet, unless the standards for a given district require a BTL that is further back from the street line, in which case the stoop shall not encroach further than six (6) feet forward of the BTL. Upper-story balconies may extend up to four (4) feet fmward of the BTL. A variety of stoop designs are possib le with the following standards: ( 1) Three (3) feet minimum platform depth, four ( 4) feet minimum overall depth; (2) Three (3) feet minimum width; (3) Stoops must correspond directly to the building entry(ies); (4) Stoops may be covered by an awning or shed-type roof extending up to five (5) feet fmward of the building fa<;ade for the width of the stoop. (E) Shop frontage and modified shop frontage. A frontage in which a highly fenestrated fa<;ade is placed at or near the street line and the entrance is at sidewalk grade. _ti_ !--en Stiopfront frontage (1) The shopfront type is conventional for retail use, and requires a minimum of seventy (70) percent translucent g lazing on the ground floor, with the window bottoms no higher than two (2) feet above the sidewalk. The modified shop frontage requires between thirty (30) and seventy (70) percent translucent glazing on the ground floor between three (3) and eight (8) feet above sidewalk grade. The modified shopfront is ideal for ground- story office u se and live/work units. Modified shop fronts are not permitted within the core of the City Center District, and shall not be utilized for buildings intended to house retail uses. (2) Shopfront store entrances should be recessed, not flush , with the edge of the building fa<;ade , to provide shelter for persons entering and exiting, to aiticulate the fa<;ade, and to provide maximum window display area at the entrance (the recess allows the angling the shop windows at a fo1ty-five-degree angle from the fa<;ade to the entry). Modified shop front entries should not be recessed. (3) Street frontage fa<;ades shall have entryways at reasonable intervals, typically no more than fifty (50) feet apait. Ground level fa<;ades that face the street shall be designed with entrances, windows, display windows, or other display devices. (4) Shopfronts and modified shopfronts must be combined with one (1) of the following elements: (a) Gallery roofs (attached cantilever ed shed or lightweight colonnade) ai·e required to overlap the sidewalk to within three (3) feet of the curb face. The galle1y roof may 65 ORDINANCE #2024-02 1 f01m a balcony for an upper floor. This pattern may be repeated for up to four (4) stories. (b) Awnings, which may be constructed of flexible or rigid materials, shall project from the building fa9ade a minimum of seven (7) feet forward of the fa9ade, and may extend over the sidewalk to within one (1) foot of the street tree planting trench or grates. Awnings shall extend along a minimum of eighty (80) percent of the building frontage, excluding recesses from the BTL for forecomts and comtyard frontages . Balconies on upper stories shall not project fo1ward of the BTL with shopfront/awning frontage. @_ l--•11 A/Ode front2ge forecourt frontage ( c) Arcades are colonnades supporting habitable space above, that extend a minimum ten (10) feet forward of the ground story fa9ade at all points, and overlap the sidewalk. The arcade may extend to within three (3) feet of the curb face (provided there is no conflict with street trees and street light poles), or may be set back fmther provided there is a minimum ten (10) feet between the curb face and colonnades. The ground floor fa9ade shall be located at the BTL, or behind the BTL if permitted by the applicabl e district regulations. Upper stories of the building may be built over the arcade. (F) Forecourt frontage. This frontage type is pe1mitted as a supplemental frontage for commercial/mixed-use and live-work buildings. This frontage type features a fa9ade that is built to the BTL but with the central portion being recessed and uncovered. This type must be used in conjunction with other frontage types. A forecomt may be used sparingly in conjunction with a shopfront, gallery or arcade frontage, and is suitable for gardens, outdoor dining, or in some cases, vehicul ar dropoff. A fence or wall at the BTL, not exceeding four ( 4) feet in height with a pedestrian opening, may be provided to define the space of the comt. A variety of foreco mt designs are possible with the following standards: (1) The comt must be between ten (10) feet and thirty (30) feet in depth, and between ten (10) feet in width and not wider than fifty (50) percent of the building's street frontage. (2) Comts between ten (10) feet and fifteen (15) feet in depth should be at least seventy-five (75) percent paved and enhanced with landscaping. 66 ORDINANCE #2024 -021 (3) Courts between fifteen (15) feet and thirty (30) feet in depth must be designed with a balance between paving and landscaping, such that the paved area should comprise between fifteen (15) and seventy-five (75) percent of the comi. Courtyard frontage (G) Courtyard frontage. This frontage type is permitted as a supplemental frontage for commercial/mixed-use, live-work and apartment buildings. Courtyard buildings are actually building types as much as they are frontage types, but are treated as frontage types because they can be combined with multiple building types. Courtyards are frontage and building type combination in which the building substantially occupies the boundaries of its lot, and the building frontage opens up into an internal yard provided in the form of a comiyard. (1) The courtyard entrance may be fully open to the street or may be accessed through a wide opening in the fa;~ade over which upper stories extend. The courtyard may be defined by a single building or multiple buildings on the lot that are an-anged so as to enclose the comiyard on three (3) or four ( 4) sides, or may enclose the courtyard at least two (2) sides, fonning a linear comiyard that extends between parallel block faces or between a street to a parking facility , much like a wider and more functional version of a paseo. A linear comiyard frontage is useful in linking two parallel streets, such as Federal Highway and East or West 1st Avenues , and may be used in lieu of a paseo . Most typically, comiyards are enclosed on three (3) sides by a single building that is roughly "U" shaped. (2) In a commercial block, th.is type should be used sparingly in conjunction with other frontage types, with the sum total of actual courtyard openings along a block limited to twenty (20) percent of the block face. A comtyard is suitable for gardens, outdoor dining, or in some cases, a vehicular drive. A fence or wall at the street line not exceeding fom (4) feet in height with a pedestrian opening may be provided to define the space of the comt. (3) The courtyard width must be at least fifteen (15) feet and not more than fifty (50) feet, and the comiyard opening to the street must not comprise more than fifty (50) percent of the building width at the BTL (or in the case of a linear courtyard, the combined width of buildings on each side of the comtyard). (4) Comtyards must be designed with a balance between paving and landscaping, such that the paved area should comprise no more than fifty (50) percent of the courtyard. (5) All ground-floor dwelling units or nomesidential suites fronting the courtyard shal l have primary access from the courtyard. Upper-level units may also have access from the comiyard via exterior stairways. Use of double loaded conidors is discomaged, in favor of having all units/s uites fronting either the street, comiyard or both with external direct access to each unit or suite. 67 ORDINANCE #2 024-0 2 1 (6) The courtyard frontage in combination with an apartment building requires a minimum setback of ten (10) feet from any interior lot line wherever windows will face such property lines. A minimum five-foot-wide landscape buffer shall be provided along such lot lines to create privacy. (7) The street BTL for courtyard frontages shall be the same BTL required for shopfront, porch or stoop frontage s used in combination with the courtyard. (8) Nonresidential courtyards shall be accessible to the public for at least the time of no1mal business hours. (9) Required street frontages shall be continued throughout the courtyard, with entries to the courtyard, business and storefronts within the courtyard designed and lighted so they are safe and visible to courtyard guest, avoiding hiding places . (10) Comtyards should provide at least one sitting place for each one hundred (100) square feet of comtyard in addition to any pe1mitted outdoor dining provided. (11) Courtyards should have adequate mix of stm vs. shaded area; no more than fifty (50) percent of the comtyard should be covered with a roof. (12) No vehicular access, loading, or parking is permitted. (13) At least ten (10) percent of the courtyard surface shall be landscaped. Shade trees and gardens are encouraged. ARTICLE 312. CIVIC OPEN SPACE; STANDARDS AND GUIDELINES Sec. 312-10. Generally. The following areas shall qualify as open space to satisfy minimum open space requirements and qualify for open space incentives: landscaped areas; plazas; comtyards; pocket parks; and paseos. All such areas must comply with the standards ofthis article and the urban design standards of aiticle 525 in order to satisfy open space requirements and qualify for incentive bonuses pe1taining to provision of open space. Sec. 312-20. Plazas. (A) Definition. Plazas ai·e pedesh·ian-friendly open spaces that extend the public realm from the street or sidewalk to the main entry of an adjacent building. Plazas are designed to facilitate public gatherings and congregations. Plazas ai·e usually pro vided in front of a multistory building, which incorporate urban design elements such as sp ecial pavers, public ait, ai-cllitectural elements and water features. (B) Size. Plazas shall be a minimum of two thousai1d, five hundred (2,500) squai·e feet in ai·ea. (C) Location. Plazas and civic open spaces shall generally be lo cated along major thoroughfares and intersections and shall not interfere with vehicular traffic, pedestrian flow or building activities. Plazas ai·e encouraged in the CC, ED BB-MU, NBHD-MU , and SFED-MU districts to facilitate public gatherings and public congregation. 68 ORDINANCE #2024-021 Figure 312-1 Figure 312-2 (D) Access. Pl azas should abut public areas and be physically and visual ly accessible from the public sidewalks. Security fe nces, walls, and entry gates should not block the sidewalk edge of the plaza or views into the plaza. The plaza shall be accessi ble to the public for at least the time of normal business hours. Vehicular access, loading, or parking within the plaza is prohibited. Emergency access drives will be considered through plaza upon review of integration into plaza de s ign. (E) CPTED design. Adjacent development should be designed with crime prevention through environmental design (CPTED) principles, including n atural surveillance considerations, furthered through building orientati on and access to the park, and fenestration, in order to encourage u se and en sure security. There should be no potential hiding places. Special features, and medium size vegetation shall be implemented with this in mind. Adequate security lighting shall be provided to aid in natural surveillance and crime deterrence. (F) Building walls. Ground-level fac;ades facing a plaza shall avoid blank wal ls that are devo id of generous glazing and enh·ances. (G) Rooftop plazas. Rooftops can be used fo r open space, including sun decks , p ool decks , tennis comis, gardens, and outdoor cafes/restaurants . Rooftop open space does not qualify [as] open space credit, although it may qualify for credit as a green building practice. (H) Water features. A water feature or publi c art is required for the open space incentive bonus. The use of water , in a variety of forms adds aesthetic value to the area and a sense of respite. Water features help to mask inhospitable noise, direct attention, cool the microclimate of a space and creat e a positive image of the area. They can be freestand ing features or attached to a building wall. The visual aesthetic shall be carefully con sidered when designing water features. A variety of water feature effects are encouraged, such as the use ofbubblers, sprays, 69 ORDINANCE #2024-021 falls, and mists. Lighting should accompany water featmes to add visual interest during nighttime hours and additional security. All water features must conform to local codes and regulations, and shall not have exposed mechanical or electrical equipment. Figure 312-3 (I) Public art. Public ait, as defined in section 725-30, is encouraged adjacent to public sidewalks and in open spaces to create identity and to celebrate the local ait community in Dania Beach. The inclusion of public ait or water feature is required for the open space incentive bonus. Any public ait shall be free of shai-p edges or obstructive elements that might cause physical harm. Public art shall be permitted within public pedestrian con-idors or sidewalks upon the approval of the public services director and approval of necessary encroachment license and maintenance agreement in a form acceptable to the city attorney. (J) Special paving. Special paving is an important element within an urban setting. It defines space along the ground plane and contributes to a place's unique sense of identity. Special paving shall be incm-porated into plazas and other open spaces. Paving materials shall reflect the intensity of expected pedestrian traffic, aid in circulation routes and create identifiable ground plane associations. There are a variety of materials, colors and shapes available for special paving. Cai·eful consideration should be made in the selection of the materials, colors and shapes for sp ecial paved areas, especially in ai·ea dedicated for public use. (K) Shading. Plazas should have adequate mix of sun vs. shaded ai·ea. No more than fo1ty ( 40) percent of the plaza shall be covered with a roof. At least ten ( 10) percent of the plaza's surface shall be landscaped to provide heat relief. (L) Seating. Plazas shall provide at least one (1) sitting place for each two hundred (200) square feet of plaza in addition to any permitted outdoor dining provided. Sec. 312-30. Pocket parks. (A) Definition. A small, mostly passive, urbai1 park that offers shaded seating and cai1 include water features, ait or a small playground, and can offer relief from the urban hardscape. Pocket pai·ks may be utilized as an urban agricultural gai·den pursuant to sections 302-10 and 3 12-50. They can also serve as tot-lots for adjacent residences. (B) Size. Pocket pai·ks range in size from at least two thousand five hundred (2,500) square feet to approximately one-quaiter (¼) acre. (C) Location. Pocket parks should abut streets and be physically and visually accessible from the public sidewalks. 70 ORDINANCE #20 24-021 (D) CPTED design. Adjacent development should be designed with crime prevention through environmental design (CPTED) princ iples, including natural surveillance considerations, fmihered through building orientation and access to the park, and fenestration, in order to encourage pocket park u se and ensure security. There should be no potential hiding p laces. Special features and medium-size vegetation shall be implemented with this in mind. Adequate security lighting shall also be provided to aid in natural surveillance and crime deten-ence. (E) Access. The pocket parks shall be accessible to the public for at least the time of normal business hours. A pocket park shall be exclusive of any vehicular access, loading and parking areas. (F) Seating. Pocket parks shall provide at least one (1) sitting place (i.e. seat for one (1) person) for each two hundred (200) square feet. (G) Shade. An even mix of sun and shade coverage is encouraged. (H) [Playground equipment.] Plastic pl ayground equipment is discouraged. (I) Amenities. The park shall provide a water feature, publi c a.ii, or playground equipment for incentive credit. Figure 312-4 Sec. 312-40. Courtyards. See comiyard frontage type under building frontage type standai·ds. 7 1 ORDINANCE #2 024-0 21 Sec. 312-50. Urban agricultural garden. Urban agricultural gardens are plots of land gardened by a group of people. Such gardens include small gardens where people grow vegetables, as well as tiny street beautification planters on urban street corners. For all their diversity, however, most community gardens share at least four (4) elements in common: land (or a place to grow something); plantings; gardeners; and some sort of organizing anangements. Land for a community garden can be publicly or privately held. One (1) strong tradition in community gardening in urban areas is cleaning up abandoned vacant lots and turning them into productive gardens. Alternatively, community gardens can be seen as a health or recreational amenity and included in public parks, similar to ball fields or playgrounds. 72 ORDINANCE #2024-021 Section 3. If any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstituti onal by a court of competent jurisdiction , the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or paii of ordinances in conflict with the provisions of the Ordinance are repealed. Section 5. It is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a paii of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 6. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on &pttm ~y 2(p , 2023. PASSED AND ADOPTED on second reading on MM uh \ 2 2024. First Reading· . Motion by: Ctxnroi b£.)CXJ£.C Dul V' E; Second by:-~ I (-{_ ~O( / ,:(;y-J-e, \ \£ (l ., Second Rea~ . Motion by:aJ ·, ~>(Y)..(,( Ja..me,,S Second by: Cj)mm,q;iut:Je( Ixa VI s SIGNATURE PAGE TO FOLLOW 73 ORDINANCE #2 024 -02 1 FINAL VOTE ON ADOPTION : Unanimo us Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: ELORA RI CITY CLERK Yes No ✓ ✓ ✓ ✓ J APPROVED AS TO FORM AND CORRECTNESS : 72 ORDINANCE #2024-0&\