HomeMy WebLinkAboutO-2025-007 Amending Ch. 28 - Zoning Text AmendmentORDINANCE NO. 2025-007
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED THE “LAND
DEVELOPMENT CODE” (LDC); TO PROVIDE CERTAIN TECHNICAL
UPDATES, CLARIFICATIONS, AND LANGUAGE CLEANUP TO THE CODE
RELATING TO GREEN BUILDING PROCEDURES, OFF-STREET PARKING,
LANDSCAPING REQUIREMENTS IN THE CRA ZONING DISTRICT,
PLANNED SMALL LOT MIXED-USE DEVELOPMENT DISTRICT (PMUD-
SL); SIGNAGE REGULATIONS, DEFINITIONS AND TERM USAGE
WITHIN THE NONCONFORMING USES, STRUCTURES, AND LOTS
PROVISIONS OF THE CODE; AND CONCURRENCY REGULATIONS
RELATING TO STORMWATER DRAINAGE LEVEL OF SERVICE
STANDARDS; PROVIDING FOR CODIFICATION, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, periodically the Community Development finds certain scrivener’s errors,
and clarifications that are needed in the Land Development Code (LDC); and
WHEREAS, the City seeks to include those edits in the LDC in order to ensure the proper
regulation of our zoning districts and to provide clarity to the residents as to the implementation
of the LDC; and
WHEREAS, the City Commission finds and determines that updating the City's Code of
Ordinances is in the best interest of the residents of Dania Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being
true and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled the “Land Development Code is amended as
follows:
2 ORDINANCE #2025-007
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
ARTICLE 206. – GREEN BUILDING DESIGN PRACTICES
* * *
Sec. 206-80. Green Design Practices
(A) The following green design practices are approved for single family dwelling, duplex and
small-scale development:
* * *
(43) dual flush toilet
Section 3. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
ARTICLE 265. OFF-STREET PARKING REQUIREMENTS
* * *
Sec. 265-80. Off-site parking facilities.
(B) The off-street parking facilities on a lot may be utilized to meet all or part of the required off-
street parking requirements for another lot with a nonresidential use, if the uses of the two (2)
or more lots operate during distinct and separate time periods with no overlap. Examples
include a school that does not operate on weekends or religious holidays sharing its parking
facility with a place of worship that only operates on weekends and religious holidays, and a
nightclub utilizing the parking facility of an office building. If parking exists on a site in
excess of the requirements of Section 265-50, those extra parking spaces may be shared with
another site, provided a shared use parking agreement is entered into, after review and
approval by the city attorney.
* * *
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Section 4. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
SUBPART 1. - COMMUNITY DEVELOPMENT AREA (CRA) FORM-BASED ZONING
DISTRICTS
* * *
ARTICLE 307. – LANDSCAPING REGULATIONS.
* * *
Sec. 307-20. Street landscaping and hardscaping.
* * *
(B) [Planting requirements.] Street trees shall be planted as shown in the street sections approved
by the city commission in the CRA redevelopment plan, and in the absence of an approved
section for any street with swales, the trees shall be planted a minimum six (6) feet from street
edge of pavement, and a minimum three (3) feet from the edge of sidewalk. In the absence of
an approved section for any street with curb and gutter, the trees shall be planted three (3)
feet from the face of the curb within grated tree wells a minimum sixteen (16) square feet in
area built into the sidewalk. If the existing swale is less that nine (9’) feet wide, an
administrative variance may be requested as delineated in Article 620 of the LDC.
* * *
Section 5. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
SUBPART 3. – OTHER SPECIAL DISTRICTS
* * *
ARTICLE 350.- PLANNED SMALL LOT MIXED-USE DEVELOPMENT DISTRICT
(PMUD-SU)
* * *
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Sec. 350-40. Planned Small Lot Mixed-Use Development District (PMUD-SL) Development
Requirements.
* * *
(F) Vesting of RAC land use allocations. The approved DDG and site plan will determine the
quantity and timing of RAC land use allocations. The DDG shall also establish a date after
which unused square footage or residential units allocated from the RAC shall be returned
unless said unused allocations have already been voluntarily returned to the city by virtue of
affidavit from the officially designated agent for the PMUD-SL, or a deadline extension is
granted by amendment to the PMUD-SL by the city commission.
* * *
Section 6. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 5 – SIGNAGE AND DESIGN REGULATIONS
* * *
ARTICLE 505. SIGN REGULATIONS
* * *
Sec. 505-160. Temporary signs.
(F) Noncommercial signs. Temporary signs are being regulated equally, ensuring the same
setback, height, and other regulations for temporary signs. The terms "temporary business,
real estate, construction, and election/free speech signs" are by way of example and are not
meant to be utilized to improperly distinguish content. This section should be constructed
consistent with Reed v. Gown of Gilbert, Arizona, 135 S.Ct. 2218 (2015). Temporary
noncommercial signs are authorized as follows.
* * *
(4) Supplemental to the noncommercial sign allowances in this subsection, during each
period that is ninety (90) days prior to an election day, as such term is defined in
F.S. § 97.021:
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5 ORDINANCE #2025-007
3. Temporary signs shall only be allowed for a period beginning with the
temporary activity which is the subject of the sign and must be removed
within five days from the date the temporary activity ceases. Temporary
business signs may be erected and maintained for a period not to exceed 30
days, except that the city manager may approve an extension of time for the
business to erect and maintain such signs beyond the 30 days, after the
manager finds that such extension is necessary to mitigate the impacts of
public construction on visibility of, or access to, the business. Such extension
beyond 30 days shall terminate concurrent with the termination of the public
construction.
* * *
Section 7. That Chapter 28 entitled Land Development Code” is amended as follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 7. CODE ADMINISTRATION
* * *
ARTICLE 710. NONCONFORMING USES, STRUCTURES, AND LOTS
* * *
Sec. 710-20. - Definitions and term usage.
(A) Substantial damage. Substantial damage shall be defined as specified in Chapter 12, Flood
Damage Prevention of the City’s Code of Ordinances. Damage of any origin sustained by
a building or structure whereby the cost of restoring the building or structure to its before-
damaged condition would equal or exceed forty-nine (49) percent of the market value of
the building or structure before the damage occurred. (Also see definition in Chapter 12.)
(B) Substantial improvement. Substantial improvement shall be defined as specified in
Chapter 12, Flood Damage Prevention of the City’s Code of Ordinances. Any combination
of repair, reconstruction, rehabilitation, addition, or other improvement of a building or
structure taking place during a one (1) year period, the cumulative cost of which equals or
exceeds forty-nine (49) percent of the market value of the building or structure before the
improvement or repair is started. For each building or structure, the one (1) year period
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begins on the date of the first improvement or repair of that building or structure subsequent
to the date of permit issuance. If the structure has incurred "substantial damage," any
repairs are considered a substantial improvement regardless of the actual repair work
performed. The term does not, however, include either: [Also defined in FBC, B, Section
1612.2.] (Also see definition in Chapter 12.)
(a) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(b) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
* * *
Section 8. That Chapter 28 entitled the “Land Development Code” is amended as
follows:
CHAPTER 28
LAND DEVELOPMENT CODE
* * *
PART 8 – TECHNICAL APPENDIX
ARTICLE 805. – CONCURRENCY DETERMINATIONS
* * *
Sec. 805-50. Stormwater drainage level of service standards.
(A) Measurement of drainage facilities will be based on the water management district basin
design standards. Variations may exist for specific parcels but the overall effect of an areas
drainage system must meet established water management practices criteria.
(B) New development shall not be approved unless there is sufficient available design capacity
to sustain the following levels of service for the drainage system as established in the drainage
sub-element of the comprehensive plan:
(1) Road protection. Residential and primary streets crown elevation meet the minimum
elevations as published on the Broward County Ten-Year Flood Criteria Map.
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(2) Buildings. The lowest floor elevation shall be the greater of the elevation published on
the Broward County One-Hundred-Year Flood Elevation Map plus one (1) foot for
residential and nonresidential buildings, or eighteen (18) inches above the adjacent
crown of road for residential and six (6) inches above the adjacent crown of road for
nonresidential buildings. For marina facilities, shall not be lower than the one-hundred-
year flood elevation plus one (1) inch.
(3 2) Storm sewers. Shall be designed using the Florida Department of Transportation zone
10 rainfall curves.
(4 3) Floodplain routing. Modified SCS routing method as established by the SFWMD "basis
of review."
(5 4) Best management practice. Efforts shall be utilized to use best management practice to
reduce pollutants entering the groundwater.
* * *
Section 9. 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 10. That 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 and codified by Municode.
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 11 . That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 12. That this ordinance shall take effect 10 days after passage on second
reading.
PASSED on first reading on March 11, 2025.
PASSED AND ADOPTED on second reading on April 8, 2025.
First Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen
8 ORDINANCE #2025-007
Second Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Rimoli
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY