HomeMy WebLinkAboutO-2024-017 Amending Ch. 28 - Creating Secs. 268-185 through 265-189 Electronic Vehicle Charging StationsORDINANCE NO. 2024- p;1..
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, "LAND DEVELOPMENT
REGULATIONS", OF THE CITY CODE OF ORDINANCES, AT ARTICLE 265,
"OFFSITE PARKING REQUIREMENTS", TO CREATE SECTIONS 268-185
THROUGH 265-189 RELATING TO ELECTRIC VEHICLE CHARGING
STATION REQUIREMENTS AND AS A PERMITTED USE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY, FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the Land Development
Code in order to provide for standards relating to electric vehicle charging station standards and
requirements, and to include those standards in the City's Code; and
WHEREAS, the City desires to modify Chapter 28 of the Land Development Regulations
to amend Article 265, entitled "Offsite Parking Requirements: in order to include standards and
procedures for installing electric vehicle charging stations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2 That Chapter 28 of the City's Code of Ordinances entitled "Land
Development Regulations", to amend Article 265, entitled "Offsite Parking Requirements", to read
as follows:
CHAPTER 28
LAND DEVELOPMENT REGULATIONS
ARTICLE 265. — OFFSITE PARKING REQUIREMENTS
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265.185 — ELECTRIC VEHICLE CHARGING STATIONS AND PARKING SPACES
Sec. 265-185. — Purpose:
The purpose of this section is to provide effective electric vehicle charging abilities throughout the
City. Where any other Provisions of the City of Dania Beach Code of Ordinances directly conflict
with the regulation of electric vehicles (sections 265-185 through 265-189) the regulation of
electric vehicles shall be controlled. All operations of electric vehicle charging stations shall
comply with applicable Federal, State, and local laws, rules, and regulations. As electric vehicle
technology continues to evolve, the City's Community Development Director, or his/her designee
will review new systems and other adaptations, as may by e required.
Sec. 265-186. — Definitions:
(A) Electric Vehicle. Abbreviated as (EV).
(B) ELECTRIC VEHICLE CHARGING STATION (EVCS) OR CHARGING STATION means
an electric vehicle supply equipment station in a private or public parking space that
delivers electricity or transfers electric energy to a battery or other energy storage device
in an electric vehicle and is classified based on the followinglevels:
evels:
(1) Level 1 operates on a 15 to 20-amp breaker on a 120-volt AC circuit. Level 1 Electric
Vehicle Supply Equipment (EV SE) is found in common low -density residential single-
family or duplex homes. On average it takes level 1 charger 40-50+ hours to fully
charge a Battery Electric Vehicle (BEV) and 5-6 hours to charge a Plug-in Hybrid
Electric Vehicle (PHEV).
(2) Level 2 operates on a 40 to 100-amp breaker on a 208 or 240-volt AC circuit. Level 2
chargers offer a faster rate of charging- and are common in homes, workplaces, and
public parking lots. Level 2 chargers can charge a BEV in 5-10 hours and a PHEV in
1-2 hours.
(3) Level 3 operates on a 60 amp or higher breaker on a 480 volt or higher three-phase
circuit with special grounding equipment. Level 3 operates on a direct current as
opposed to an alternating current and offers the fastest charging capabilities. With
BEV's being charged in 20 minutes to 1 hour. PHEVs currently cannot be charged by
level 3 chargers.
(C) OPERATOR means the auto manufacturer representative of an auto manufacturer,
representative of an auto manufacturer, developer, shopping center property management
company, free-standing building owner, or lessee, responsible for the installation,
management, and operation of electric vehicle service and charging stations.
See. 265-187. —Applicability:
(A) The requirements relating to electric vehicles and electric vehicle charging stations ef4his
part shall apply to new development, redevelopment, infill development or substantial
enlargement and/or alteration of structures requiring a public hearing. Only new parking
spaces added as part of a substantial enlargement or alteration are subject to the
requirements of these regulations relating to electric vehicles and electric vehicle charging
stations. his -a bse� �,.
(B) 1 VV Electlic vehicle charging stations may be located within new or existing enclosed
parking garages or within new or existing surface parking areas.
ORDINANCE #2024- 6
(C) Operators of electric vehicle charging stations must apply for a business tax receipt in
compliance with City Code Chapter 15, unless restricted for private use to emplo ewes at
no cost to the employee, or if the charging station is located at an owner -occupied single
family residential property. All operators of electric vehicle charging stations are
required to obtain a building permit for the installation and operation of the charging
station.
(D) EV Electric vehicle charging stations will be considered an accessory and an amenity
use when the service is offered free of charge and an a000ssov. Amenity -use electric
vehicle charging stations are permitted within all residential, non-residential, and mixed -
use zoning districts.
(E) For the purposes of minimum parking space calculations, electric vehicle spaces shall
count towards meeting a maximum of ten percent (10%) of the minimum parking
requirements, rounded down. This shall not apply to freestanding single-family
structure.
Required EV Parking Spaces in Future Developments
Tvpe
EV Capable"`
EVSE Installed
(threshold)**
Single-Family/Duplex
Develo ment
One hundred percent 1001/o)
N/A
Multifamily Residential,
Hotel, Mixed -Use, Parking
Twenty percent (20%)
Five percent (5%) of the total
number of required parking
Structures (except for
Affordable or Workforce
spaces. If five (5) percent
calculates to a fractional
number, that fractional
number must be rounded up
Housing Garages)
to the next higher whole
number.
Commercial` (includes Retail,
Twenty percent (20%)
Five percent (5%)
(requirement begins at
250 spaces)
Entertainment, Institutional,
Restaurant, Office, Public,
Service, and Recreational
uses
Industrial
Ten percent (10%)
Two percent (2%)
(requirement begins at
250 s aces
See. 265-188. — General Requirements:
(A) Electric Vehicle Parking spaces shall meet all performance standards of this subsection.
ORDINANCE 92024- 1 %4
(B) Electrical Vehicle Supply Equipment (EVSE) will be located in parking spaces clearly
marked for EV charging and shall be installed per the requirements of the current
National Electrical Code, as adopted and amended by the State of Florida.
(C) Where parking is the primary use of the property, electric vehicles charging stations shall
be permitted. For all other uses, electric vehicle charging shall be deemed accessory to
the primary use.
(D) Accessory use electric vehicle charging station parking spaces shall be specifically
designated for charging an electric vehicle with a sign referencing F.S. 366.94(3)(a), as
may be4ater amended. One exclusive use parking space, per charging, station shall be
required adiacent to each charging unit. Under F.S. 366.94(3)(a), it is unlawful for a
person to stop, stand, or park a vehicle that is not capable of using an electrical
recharging station within any parking space specifically designated as an electric vehicle
charging stations.
Sec. 265-189. — Electric Vehicle Chargine Station Minimum Requirements:
(A) Electric Vehicle Charging Station as an Amenity Use — Level 1 and 2
(1) Level 1 and 2 electric vehicle charging stations will be considered an amenity use when
the service is offered free of charge and shall be subject to the following requirements:
(a) Permitted in all zoning districts.
(b) An electric vehicle charging station sign shall be posted at the electric vehicle
charging station stating, 'Electric Vehicle Charging Station." Signs shall be no less
than 24 inches wide by 18 inches high. Color and letter size specifications shall
meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for
sign designation (electric vehicle charging). Single-family and duplex stations are
not required to meet the MUTCD standards.
(c) All equipment components, including but not limited to functioning, shall be
maintained at all times.
(d) Current contact information, including but not limited to a telephone number for a
representative or department of the operator of the charging station shall be posted
on each station as a contact to report all issues relatingto o the particular station.
(B) Electric Vehicle Charging Station as an Accessory Use — Levels 2 and 3
(1) Electric vehicle charging stations will be considered an accessory use when there is a
monetary transaction or subscription associated with the service.
(2) Level 2 and 3 electric vehicle charging stations shall be permitted to classify as an
accessory use and shall be subject to the following requirements:
(a) Are permitted in all zones.
(b) An electric vehicle charging station sign shall be posted at the electric vehicle
charging station stating, 'Electric Vehicle Charging Station." Signs shall be no less
than 24 inches wide by 18 inches high. Color and letter size specifications shall
meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for
ORDINANCE 42024-�
sign designation (electric vehicle charging). Single-family and duplex stations are
not required to meet the MUTCD standards.
(c) Accessory use of electric vehicle charging stations shall be permitted based on the
availability of sMIus parking.
(d) EVSE must be concealed from the road right of waby landscape or other means
and maybe permitted in landscape and utility buffers subject to prior approval of
City staff.
(e) All equipment components, including but not limited to functioning shall be
maintained at all times.
(f) Current contact information, including but not limited to a telephone number for a
representative or department of the operator of the charging station shall be posted
on each station as a contact to report all issues relatingto o the particular station
(C) Electric Vehicle Service Stations as a Principal Use — Level 3
(1) Electric vehicle service stations shall be the principal use which shall include but is not
limited to the following services: Charging, repair, retail, and maintenance.
(a) Permitted operations including charging stations with an output of greater than or
equal to 480 volts, lithium -ion car battery replacement and electric vehicle
maintenance.
(b) Operators of electric vehicle charging stations must apply for a business tax recei np
in compliance with Chapter 15 of the City Code of Ordinances.
(c) All equipment components, including but not limited to functioning shall be
maintained at all times.
(d) All principal operators must have a Lithium -ion battery fire safety plan during the
routine annual inspection.
(e) An electric vehicle charging station sign shall be posted at the electric vehicle
charging station stating, 'Electric Vehicle Charging Station." Signs shall be no less
than 24 inches wide by 18 inches high. Color and letter size specifications shall
meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for
sign designation (electric vehicle charging) Single-family and duplex stations are
not required to meet the MUTCD standards.
Sec. 265-190. — Location:
(1) Placement or installation of electric vehicle charging equipment must be identified during
the site plan ap roval process.
(2) EVs charging stations shall not interfere with vehicle, bicyclepedestrian access and
circulation, or with required landscaping, above ground or underground infrastructure
(3) EV charging stations shall not be located within dedicated drainage or utility easements
(4) EV charging stations for single family locations shall not be permitted in the front of the
building.
ORDINANCE #2024- 01 I
Sec. 265-191. — Design Standards:
(1) Charging equipment must be mounted on the wall or on a structure at the end of the
electric vehicle parking space provided.
(2) Charging devices may not be placed within the dimensions of a space or entrance to a
space. Electric vehicle parking spaces for non -single family residential use shall be
marked by green lines, symbols, or curbs.
(3) When cords and connectors are not in use, retraction devices and locations for storage
shall be located sufficiently above the pedestrian surface and the parking lot to reduce
conflicts with pedestrians and vehicle maneuvering,
(4) Cords, cables, and connector equipment shall not extend across the path of travel in any
sidewalk or walkway.
(5) Equipment mounted on structures such as pedestals, lighting posts bollards or other
protective devices shall be located in a manner that does not impede pedestrianbicycle
or transit travel.
(6) For EV charging stations installed on surface parking lots, all cabinets, switchgear and
other transmission equipment (other than charging posts or connectors) related to the
station shall be completely enclosed. For EV charging stations installed in enclosed
parking garages, all equipment (other than charging posts or connectors) related to the
station shall have safety screens around the equipment.
(7) EV charging stations in residential and mixed -use zoned areas shall be constructed in a
manner harmonious with surrounding aesthetics.
(8) Additional landscape screening may be required for mechanical equipment such as
transformers associated with charging equipment, consistent with mechanical equipment
screening requirements and the current edition of the Florida Building Code
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
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
part 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.
ORDINANCE #2024-ua
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on /('%Y� C' , 2024.
PASSED AND ADOPTED on second reading on 2024.
First Readm* ,�:tt
Motionby:E_Cv
Secondby:N;(C
Second Reading:
Motion by:
Second by: 1w M, i S iautr i t
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV _
ATTEST:
EL RA RIE MMC
CITY CLERK'4A.._..�."
APPROVED AS TO FORM AND CORRECTNESS:
VE;A. OUTSIS
CITY ATTORNEY
ORDINANCE #2024-_(�12