HomeMy WebLinkAboutO-2024-028 LDC Amending Section105-90 Outdoor Storage ContainersORDINANCE NO. 2024-.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, "LAND DEVELOPMENT
REGULATIONS- AT PART 1. ENTITLED "USE REGULATIONS", ARTICLE
105 ENTITLED "USE REGULATIONS FOR RESIDENTIAL AND OPEN
SPACE ZONING DISTRICTS"; AT SECTION 105-90, ENTITLED "OUTDOOR
STORAGE CONTAINERS", PROVIDING FOR CONFLICTS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the Land Development
Code in order to provide for clarified standards as to when a shipping container can be used as a
building or habitable structure, and to include those standards in the City's Code; and
VVHEREAS, the City desires to modify Chapter 28 of the Land Development Regulations
to amend Section 105-90, entitled "Outdoor storage containers".
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 105, entitled "Use and regulations for residential and
open space zoning districts", to read as follows:
CHAPTER 28
LAND DEVELOPMENT REGULATIONS
PART 1. USE REGULATIONS
ARTICLE 105 - USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE
ZONING DISTRICTS
Sec. 105-90. Outdoor storage containers.
(A) Purpose and intent. It is the purpose and intent of this section to restrict the use of outdoor
storage containers in order to promote and protect the appearance of the city and the public
health, safety and welfare.
(B) Definitions. For the purpose of this section, the following terms are defined:
(1) Containers, traditionally made from steel and having close -top, hinged doors may be
used as modular building elements forming the structure of a building.
(2) Storage container means any steel cargo container, or any similar container designed
and intended for transporting materials on ships, trains, or trucks from one (1) location
to another.
(3) Temporary portable container means any container or receptacle, other than a storage
container as defined above, designed for and used outdoors for the temporary portable
storage of personal property. Temporary portable containers are ordinarily rented or
leased to owners or occupants of real property and are placed and removed by means of
a truck or other motor vehicle. Temporary portable containers do not have wheels or any
other device or mechanism that raises any part of it above the surface upon which it is
located.
(C) Permitted storage containers. A storage container is permitted only as follows:
(1) Storage containers are permitted within zoning districts that specifically permit outdoor
storage, in which cases subsections (E) through (G) shall not apply.
(2) Municipal or other govermnental agencies may place a storage container upon a public
property within any zoning district, in which cases subsections (E) through (G) shall not
apply.
(3) Not -for -profit charitable organizations, as well as authorized vendors, affiliates, or
agencies of such organizations may place a storage container upon a lot as an accessory
structure and use to a principal building and use, within a commercial or industrial
zoning district, subject to subsections (E) through (G), including the requirement of
subsection (F)(3) that a storage container to be located in the community redevelopment
area shall require approval as a special exception use in accordance with article 630.
(D) Permitted temporary portable containers.
(1) A temporary portable container is permitted only as follows:
(a) A temporary portable container is permitted upon a lot occupied by a single-family
or two-family dwelling. The container shall only be located on a front yard
driveway.
(b) A temporary portable container is permitted upon a lot occupied by a multiple -
family dwelling or townhome. The container must be placed entirely within a single
paved and striped parking space.
(c) Temporary portable containers are permitted on any lot where outdoor storage is
specifically permitted by the applicable zoning district, in which cases subsection
(E) shall not apply.
(2) Temporary portable container permits.
(a) A permit is required prior to placement of a temporary portable container upon any
property, Permit application requirements shall be established administratively. The
city commission may establish and update temporary portable container permit fees
by resolution from time to time. The temporary portable container permit fee shall
be waived for applications submitted during the sixty-day period following a named
2 ORDINANCE #2024-
hurricane event which signifIcantly impacts the city, as determined by the city
manager. The container shall not be placed upon the property until the application
is approved.
(b) A copy of the permit shall be conspicuously displayed on the container, within a
clear weatherproof pouch.
(c) A permit to place a temporary portable container on a lot shall be issued not more
than one (1) time per calendar year, and shall not be valid for more than thirty (30)
consecutive days.
(d) The city commission may consider a waiver to these requirements upon
demonstration of a hardship that is not self-created and which the commission
determines will not be detrimental to the adjacent community. An application for
waiver must be authorized by the property owner, and shall be accompanied by a
nonrefundable waiver application fee to be established by resolution of the city
commission from time to time.
(e) Despite the time limitations provided in this section, all temporary portable
containers must be removed immediately from all lots where placed upon the
issuance of a hurricane warning by the National Hurricane Center of the National
Oceanic and Atmospheric Administration National Weather Service. The
obligation to cause removal of the container rests with the owner of the site who
shall sign a notarized statement to that effect, which must be submitted as part of
all applications for temporary portable containers.
(E) Maximum size and number ofstorage containers and temporary portable containers.
(1) No temporary portable container shall exceed one hundred sixty (160) square feet and
ten (10) feet in height.
(2) No more than one (1) temporary portable container may be placed upon a lot, except as
provided in [subsection] (6), below.
(3) No storage container shall be allowed in the community redevelopment area unless
approved as a special exception use in accordance with article 630. Additional conditions
may be established by the city commission when granting a special exception under this
subsection, based on site considerations and potentially resulting impacts upon the
surrounding area or zoning district where the subject property is located, in accordance
with section 630-50(B).
(4) The director of community development may authorize two (2) or more temporary
portable containers on industrial zoned lots, and may authorize two (2) or more storage
containers that may exceed the size limitation in [subsection] (4) above, upon making
all of the following determinations:
(a) That the lot affords sufficient space for placement of the container;
(b) That adequate parking and building access remain available on the site; and
(c) That the adjacent property owner(s) do not have an objection to additional storage
containers, as evidenced by written letter of no objection to the city.
3 ORDINANCE #2024-
(F) Storage and temporary container restrictions. This subsection applies to both storage
containers and temporary portable containers unless otherwise provided.
(1) All storage containers shall provide the same setbacks as a principal building. Temporary
portable containers shall be set back a minimum of five (5) feet from all street lines and
property lines. Both storage containers and temporary portable containers shall not
obstruct access to any building.
(2) Display of signage on any container is prohibited, other than the name, address and
telephone number of the container owner, permanently affixed to the container.
(3) Containers shall be kept in good condition, well -painted, free from rust, discoloration,
graffiti, holes and cracks.
(4) If the container is capable of self-locking upon being closed, it must provide an
emergency release device inside the entrance, visible in the dark, useable by a small
child, in case anyone were to be accidentally locked inside.
(5) The container shall not be used to store goods that are, or appear to be, destined for
wholesale or retail purposes.
(6) No hazardous substance of any type whatsoever shall be stored within any container.
(7) Only personal property owned by the site owner or occupant shall be stored in a
temporary portable container.
(8) No owner or occupant of a site shall be issued a permit if any outstanding city liens are
unpaid or code enforcement proceedings are pending pertaining to the site, the owner or
the occupant.
(9) A representative of the city shall be afforded immediate access upon request to determine
if the contents of the container comply with the restrictions of this section.
(10) Storage containers shall be anchored pursuant to Section 161.21, "General Design
Requirements" of the Building Code.
(11) Storage containers shall be completely screened on all sides by one (1) or more of the
following, as approved by the director:
(a) Walls or opaque fences with a minimum height of six (6) feet;
(b) Hedges with a minimum height of five (5) feet; or
(c) Any combination of walls, opaque fences, or hedges.
(G) Containers. A container may be utilized and -nifty -be -used as modular building elements
forming the structure of a building for any permitted use provided the following applicable
criteria:
MEM ..........
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Applicant must apply for and obtain site plan approval, as is required under the criteria
contained in article 635 of this Land Development Code (LDC). Single-family dwellings will
be reviewed through the building permit process since these are exempt from the site vIan
process per LDC Section 635-30.
ORDINANCE #2024-_(j-,4r
1. Dwelling Unit
a. Containers mgy be used as dwelling units on properties located in residential
zoning districts.
b. The use of containers as dwellina units shall be contingent Lipon architectural
modifications being made to the exterior of the structures. Such modifications shall
include the use of materials appropriate for residential use.
c. For properties zoned for multi -family uses, site plan approval must be obtained,
as is required under the criteria contained in Article 635 of this Land Developm
Code.
d. All other development tandards shall be in accordance with the undgrlying
zoning district in which the proppM is located.
e. Containers used for accessory structures 12pMoses in residential districts must
follow the remulations from LDC Sections 215-90 and 220-70.
2. Non -Residential Main Buildings Uses:
a. Properties located within the noise contour from the airport must provide sound
mitigation to the surrounding properties.
b. Design and Performance Standards. All applicable design regulations per the
zoning district the site is located must be incorporated, in addition to the following:
1. All sbipping containers used as principal structares sball be treated, painted,
and maintained in good condition at all times with no visible structural
damage, corrosion, or graffiti.
2. Containers used for commercial uses shall be modified and enhanced
through the use of architectural features such as commercial doors and
windows, awnings, outdoor lighting, seating, and landscgping planters. The
Communily Development Director or designee will decide if the propose
modifications meet the design criteria standards established per district.
3. Signage shall be limited to building -mounted sims with a maximum sign
area not to exceed five (5) square feet total as per the incidental sig
regulations.
3. Non -Residential Accessory Uses:
a. Containers used as an accessory building for commercial use shall be located in
accordance with the setbacks applicable to the principal structure on the lot or parcel
on which they are locate
b. Containers used as accessory structures shall not be located within go required
off-street parking spaces, vehicle drivewqys or drive aisles, fire lanes, or pedestrian
facilities.
c. All shipping containers used as accessojy structures shall be treated, painted, and
maintained in good condition at all times with no visible structural damage,
corrosion, or graffiti.
ORDINANCE #2024-_Q
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 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,
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
I
PASSED on first reading on � �-- I y1C 2024.
PASSED AND ADOPTED on second reading on _2024.
J
First Readin pi
Motionby:
Second by: \)ki H(�--WCC LL&I-C 4-C-n
Second Reading -
Motion by:L�Yrb-S-ACYW4� 44ry-�e5
Second by: �x1AA,r)o
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
W)n erif
Mayor Archibald J. Ryan IV
I/ —
ORDINANCE #2024-L�',2y
ATTEST:
ire,
ELORA C
ISH
9D*'
"'Is H
CITY CLERK 'zs, 7:..A
APPROVED AS TO FORM AND CORRECTNESS:
ATTORNEY
ORDINANCF #2024-_O�