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HomeMy WebLinkAbout2025-03-19 Planning and Zoning Board/Local Planning Agency Agenda Packet CITY OF DANIA BEACH PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY – AGENDA CITY COMMISSION CHAMBERS/ CITY HALL 100 W DANIA BEACH BLVD WEDNESDAY, MARCH 19, 2025 – 7:00 P.M. - I. ROLL CALL II. SWEAR IN NEW BOARD MEMBER III. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from February 19, 2025, regular meeting. IV. PUBLIC HEARINGS 1. VA-001-25: The applicant and property owner, Fine Line Movements, Inc., is requesting a variance to reduce the porch square footage for the development of a new single-family home for the property located at 900 Phippen Road. (Continued) 2. TX-048-24: The applicant, Greenspoon Marder, LLP, is requesting to create a new zoning district within the City’s Code of Ordinances, Land Development Code (LDC), establishing Gateway Mixed-Use II zoning district. V. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • TX-040-24 Zoning Text Amendment: 1st Reading on March 11th City Commission. • TX-053-24 Accessory Dwelling Units: 1st Reading on March 11th City Commission. 2. Upcoming meeting dates: April 16, 2025 VI. PUBLIC COMMENTS VII. MEETING ADJOURNED ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY - MINUTES CITY COMMISSION CHAMBERS/CITY HALL 100 W. DANIA BEACH BLVD. WEDNESDAY, FEBRUARY 19, 2025 – 7:00 P.M. I. ROLL CALL The meeting was called to order at approximately 7:01PM by Board Member Robertson. Acting Board Clerk Eleanor Norena called the roll. Discussions/actions notated below were not limited to what was typed. Board Member W. Quin Robertson, PhD, GISP Present Eve A. Boutsis, City Attorney Board Member Randy Wright Present Eleanor Norena, CFM, Comm Dev Dir/Act Bd Clerk Board Member Gabriel De Las Salas, Esq. Present Corinne Lajoie, AICP, Comm Dev Deputy Dir Board Member Joanna Granett Present Claudia Viviana Batista, PZ Sr Manager Board Member Sascha Rauhe Absent Jessica Mackey, Planner Andrea Cuervo, Planner Alejandra Sandoval, Associate Planner Motion was made by Board Member Granett to excuse Board Member Rauhe’s absence tonight due to a business obligation which was seconded by Board Member Robertson. Motion passed 4-0. II. SWEAR IN BOARD MEMBERS City Attorney Boutsis explained that each board member present tonight would be sworn in individually. Before that began, each board member introduced themselves. Individually they stood and raised their right hand and were sworn in. Their signed paperwork was then given to the acting Board Clerk. III. NOMINATION OF CHAIR AND CO-CHAIR Deputy Director Lajoie called this agenda item and the floor was open for nominations. Board Member Robertson explained that each board member could nominate whichever board member for chair and co- chair. He started by explaining that he was the past chair and would be glad to serve in that capacity again or to defer to someone else. Planning and Zoning Board/Local Planning Agency Minutes 2 February 19, 2025 Motion was made by Board Member Robertson to nominate himself for the position of Chair which was seconded by Board Member De Las Salas. Motion passed 4-0. (Chair Robertson was elected Chair and declared Chair by acclamation.) Chair Robertson nominated Joanna Granett for the position of Vice Chair. She accepted the nomination and motioned. This was seconded by Chair Robertson. Motion passed 4-0. (Board Member Granett was elected Vice Chair and declared Vice Chair by acclamation.) IV. QUASI JUDICIAL/ PUBLIC RECORDS/ SUNSHINE TRAINING City Attorney Boutsis explained that there were a lot of slides and she would email the entire presentation to the board members. She would only go over some of the slides this evening as there seemed to be too much information for tonight but good for the board members to read. The following was a summary of discussions which were not limited to what was typed. As the City Attorney was going through the slides, she said that the Code of Ethics included board members not just commissioners and employees. Most relatively, as a board member, know that you should not accept gifts from developers or anyone because it could be perceived as the board member was “selling their vote”. The other was to not misuse your public position by things like a conflict of interest, voting conflict, etc. She explained that this was an “advisory body” and described what that entailed. She said that a board member did not want to breach the public trust. She spoke about disclosing (Jennings – Disclosures / ex-parte communication either written or verbal and the difference between the two), when to not vote, filling out the proper form timely, etc. She described penalties, if there was a violation. She explained the definition of gifts and went over some of them and reporting a gift plus the exceptions to the gift rule. She explained who would be considered a relative for the purpose of a gift. A board member could not ask for gifts, could not take a bribe, etc. She gave the definition of lobbyists and vendors. City Attorney Boutsis explained that this board was an advisory board as well as quasi-judicial and explained what that meant. As an example, they were like judges and juries and no one could contact the judge or the jury outside of the room where the evidence was presented. Amongst others, the public was allowed to speak and present evidence at the meeting. She explained how a meeting would be held starting with the presentation from Staff (considered expert witnesses) who would give their analysis and make a recommendation (the competent substantial evidence has to be fact based). Then the developer or maybe an attorney would speak, etc. The attorney could be giving their own opinion and not necessarily the facts. Facts presented for them would come from sources like a traffic expert or a planner they hired, etc. Then there would be public comments. To be quasi-judicial, there had to be notice of the meeting, opportunity to speak (developer and public at large), evidence to support the position (competent and substantial), etc. The correct law needed to be applied by the City. Simply not liking the project was not fact-based evidence but just an opinion. The City Attorney explained that if something did transpire “outside of the court room” like someone telling you about a project that would come in front of the board, that must be disclosed. She explained how that has to be handled and what could happen if that was not disclosed and someone found out about that. City Attorney Boutsis then went onto the Sunshine Law which was similar to whatever was done by the board had to happen “inside the room”. For example, board members could go out to lunch together but could not talk about projects in front of them. In other words, everything was exposed to the “sunlight” and not “behind a curtain”. Do not talk business anywhere except at a meeting. Basic tenets of Sunshine was a noticed meeting, opportunity for speaking (e.g., public comments), and minutes of every board meeting. She then discussed Public Records by describing everything as a public record unless there was an exception. The board members were responsible for emails that came to them, any documents given to them by the public, as they were their own record custodian and the City Attorney said what had to be done with the records. She suggested that board members keep a separate email address for themselves as board members. These emails could not be deleted and must be kept for the length of tenure on the board. Then forward them all to the Clerk. Board members must remember that sending a mass email to all the other Planning and Zoning Board/Local Planning Agency Minutes 3 February 19, 2025 board members was technically a violation of Sunshine because it was communicating to each other outside of the Sunshine. Staff members were allowed to blind copy each of the board members in a single email but board members could not write a single email and blind copy other board members. Having an email address for yourself as a board member would mean that your personal and/or business emails should not have to be searched through for board member business. Phone numbers were public records so give the City a phone number that could be given out. Things like voice mail and text messages were also public record. Public Record Requests were to be taken seriously and the requester did not need a relevant motive for their request. There were some confidential and exemption reasons for not supplying public records and she explained them. The City Attorney would help board members through the public records process, if they received a public records request. City Attorney Boutsis went over Social Media. She recommended not talking about Planning and Zoning business on that platform and explained why. City Attorney Boutsis then went over Parliamentary Procedures. The Chair ran the meeting, if a quorum was present. The Chair decided who got to speak first or second, etc. and should control the decorum like no one should raise their voice or talk over another person. After the City and then the Developer spoke, the Chair opened the floor to public comments usually giving three minutes to speak. When that was closed, the Board would discuss and could ask questions of the City, Developer, and/or the Public. The Chair would then ask for a motion or could make a motion. Once it was made, it should be seconded or it would die. Then there was board discussion and everyone could get to speak at least once. Finally the question was called (meaning voting time). Board Member De Las Salas asked the Parliamentarian, City Attorney Boutsis, if the applicant was an LLC, did the board get information as to whom the managing members were? City Attorney Boutsis inquired if City Code required the disclosure as to who was in the corporation, the principals of the corporation or an LLC. As no one could answer now, it was decided to look into this. Perhaps an amendment needed to be made because board members would have to know who those people were in order to know if they have a conflict of interest. The City would look into this and maybe having to update the Code. With no other questions or comments, the next agenda item was called. V. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the September 18, 2024 regular meeting. Motion was made by Chair Robertson to approve the minutes of the meeting of the Planning and Zoning Board/Local Planning Agency for September 18, 2024 as presented and was seconded by Vice Chair Granett. For Discussion: Board Member Wright asked about voting on minutes for a meeting he did not attend and City Attorney Boutsis explained why he needed to vote. Motion passed 4-0. VI. PUBLIC HEARINGS 1. SP-001-22MOD/(OT-085-23)): The applicant, Seagate II, LLC, is requesting a Site Plan Modification and Design Variation approval to adjust the square footage for dwelling units and to reconfigure parking on the property at the Southeast corner of Phippen- Waiters Road and SW 7th Terrace. City Attorney Boutsis reminded about the quasi-judicial public hearings and that she had to swear in anyone who would be testifying/speaking on this agenda item and the following. Everyone testifying/speaking on agenda items was then sworn in. She also called for board member (ex-parte communication) disclosures but she first asked the applicant since this was an LLC, who the principles were in the LLC so there would be no conflicts. The applicant stepped up to the microphone and introduced himself, Jeffrey Beck, and testified that he was the only principle. The City Attorney further asked if anyone Planning and Zoning Board/Local Planning Agency Minutes 4 February 19, 2025 has received any communications outside of this meeting from the applicant or anyone in the public relating to this application? There were no disclosures made. PZ Senior Manager Batista gave a PowerPoint presentation for the property located at 717 Phippen Road. She showed the location of the property on a location map. This project was already approved in June of 2022 for four units and seven parking spaces. The applicant then came back with a request for a modification of the previously approved design to reconfigure parking and to have better traffic circulation. There was also a design variation request to allow landscape in lieu of a street wall to shield vehicular use areas as required by Land Development Code (LDC) Section 307-20(G). The site plan modification was to adjust the square footage per unit and reconfigure the parking stall location. The Senior Manager showed the previously approved Site Plan and then showed the proposed Site Plan explaining the unit sizes in both the first and second floors. She showed a slide of the existing property right now. All details were provided in the Staff Report. This item went in front of the Development Review Committee (DRC) once in November 2023 and then in January 2024. The DRC Comments were listed as conditions for approval. Prior to the issuance of a building permit, the applicant had to answer outstanding staff comments. She informed that this development project expanded the City’s tax roll. The applicant sent out letters on December 18, 2024 to notify about the proposed modifications. The City has not received any objections to this project. Staff’s recommendation was for the Planning and Zoning Board to approve the Site Plan Modification as well as Design Variation for the project with the remaining DRC Comments as a condition for approval. Chair Robertson clarified that everything was approved before but they improved the site. Senior Manager Batista said that this was all done at the applicant’s request. Board Member Wright asked if this area was prone to flooding in a normal, heavy South Florida rainstorm. Chair Robertson said that this property was near the railroad tracks which was usually not prone to flooding. Jeffrey Beck testified that the Civil Engineer did all of the calculations (drainage, stormwater, etc.) and everything was reviewed regarding the flooding concerns. He said this was an area that did not normally flood. Director Norena said this property was not in a flood zone. Director Norena said that when the Stormwater Master Plan was completed for the City, the locations potentially at risk would be identified. All stormwater had to be maintained onsite through the development of the project. Mr. Beck did not have a presentation but was available for questions. The Chair called for public comments but there were not any. Motion was made by Board Member De Las Salas to approve this agenda item (SP-001-22MOD/OT- 085-23) with remaining DRC Comments as conditions for approval and was seconded by Vice Chair Granett. For Discussion: Board Member Wright observed that this was four units which should be for eight cars. What would they do about parking for the eighth car and parking for visitors? Jeffrey Beck answered that in the Mixed Use area, it was calculated at 1.75 which came to seven cars for four units. There was on-street parking available for visitors. Chair Robertson asked City Staff to confirm that seven cars met City Code and Deputy Director Lajoie confirmed that seven cars met City Code for this project. Motion passed 4-0. 2. RZ-007-22/OT-008-22: The property owner, BCDD Oaks Place LLC, is requesting Rezoning from Single Family District (RS-6000) to Planned Residential Development District (PRD-1) and the allocation of eight (8) flexible units for the property located at 5571 SW 40th Avenue. REMOVED FROM THE AGENDA Planning and Zoning Board/Local Planning Agency Minutes 5 February 19, 2025 3. TX-040-24: The applicant, the City of Dania Beach, is requesting several text amendments to the City’s Code of Ordinances, Land Development Code (LDC). Deputy Director Lajoie presented this item with a PowerPoint presentation. She explained the background material as the City approved the new Land Development Code (LDC) in 2010 which was referred to as OneCode. The problem was that it contained scrivener’s errors, inaccuracies and was vague. It also has imprecise or ambiguous language. Regulations become antiquated over time unless they get updated periodically. She walked through what the amendments were that would be fixed - Green Design Practices, Off-Site Parking Facilities, Street Landscaping and Hardscaping, PMUD-SL Development Requirements, Temporary Signs, Definitions and Term Usage, and Stormwater Drainage. Because this was an ordinance, it required two public hearings by the City Commission. Staff was recommending that the Planning & Zoning Board recommend approval to the City Commission. Board Member De Las Salas pointed out that for the changes for Green Design Practices, the language for dual-flush toilets was stricken (removed) instead of underlined (added) and it should be the opposite way. There were no public comments and no other board discussions. Motion was made by Board Member De Las Salas to correct the language for Green Design Practices, that the language for dual-flush toilets was to be added and not stricken which was seconded by Board Member Wright. Motion passed 4-0. Motion was made by Board Member De Las Salas to fix a typo under Non-Conforming Usage Paragraph (A) by leaving “Substantial damage” and taking out the words “Substantial improvement” and also to recommend approval to the City Commission of TX-040-24 with the correction noted in this motion which was seconded by Vice Chair Granett. Motion passed 4-0. 4. TX-052-24: The applicant, the City of Dania Beach, is requesting to create a new ordinance within the City’s Code of Ordinances, Land Development Code (LDC), adding tiny home and micro-housing development regulations and design guidelines for their use. Deputy Director Lajoie presented this item with a PowerPoint presentation. She explained that this agenda item and the next were adding brand new language to the code. There would be new regulations regarding these uses. She said that the tiny home movement has been underway since the early 2010s. Micro-housing units have also gained in popularity since the prices of homes still were going up. Tiny homes and micro- housing units revitalize blighted neighborhoods and provided more housing options. The City has had many requests and she spoke about their benefits. She then spoke about Micro-Housing Developments (MHD) and then Micro-Housing Dwelling (MHDW). This would require the Planning and Zoning Board to make a recommendation to the City Commission and there would be two City Commission Readings. Staff was recommending approval of this new language to the City Commission. Board Member De Las Salas inquired if a developer brought this to the City or did City Staff want to draft this on its own? Deputy Director Lajoie said that a couple of developers have come in expressing interest in Micro-Units. What the City liked about Tiny Homes was that it allowed for infill. She explained that right now, a developer could not build a tiny home but putting this language in our Code would allow for it. In Board Member De Las Salas’ opinion, he thought that tiny homes and micro-housing developments were brilliant ideas but not for the City of Dania Beach. This development would be more suitable for downtown Fort Lauderdale, downtown Miami, or downtown Hollywood. These units could also encourage short-term vacation renters. Deputy Director Lajoie then answered Board Member Wright that one tiny home would be on one property. Also, these tiny homes could not be on wheels. Board Member Wright inquired as to where the tiny home areas would be and Deputy Director Lajoie answered in the older part of the City there was property that would be a good fit for tiny homes as there were some small lots there. The CRA might have some properties that would be good for tiny homes. Board Member Wright wanted to know what would prevent these homes from becoming Airbnb’s and the Deputy Director answered that Planning and Zoning Board/Local Planning Agency Minutes 6 February 19, 2025 nothing would prevent that. They would have to go through the Vacation Rental process. City Attorney Boutsis explained that the City had to comply with the new state law but we were grandfathered in to keep some of our prior regulations. She informed that if anyone experienced issues with Airbnb’s or Vacation Rentals, they should report that to Code. Discussion ensued about the County building tiny homes. Board Member Wright asked about restrictions if a person wanted to build a tiny home on an empty lot large enough for a normal-sized house and Deputy Director Lajoie said there were no restrictions. There were no other board questions/comments and no one from the public wished to speak. Motion was made by Board Member De Las Salas to recommend denial to the City Commission of TX-052-24 which was seconded by Board Member Wright. Motion passed 3-1 to recommend denial (Chair Robertson voted against recommending denial). Board Member Wright felt that this needed to be refined a little better. A zoning area had to be set aside for where the City wanted to build tiny homes. This way there would not be tiny homes all over the place. Someone with a larger lot might want to divide it to build multiple tiny homes. Deputy Director Lajoie explained that districts have minimum lot sizes and dividing a lot could not lead to less than a minimum lot size. It was explained that this item would still go to the City Commission to decide. The Planning and Zoning Board tonight gave their recommendation to the City Commission but it was up to the City Commission to decide. 5. TX-053-24: The applicant, the City of Dania Beach, is requesting to create a new ordinance within the City’s Code of Ordinances, Land Development Code (LDC), adding Accessory Dwelling Unit regulations and design guidelines for their use. Deputy Director Lajoie presented this item with a PowerPoint presentation. She explained this was another new regulation to allow a use currently not in the Land Development Code (LDC) today. This was called Accessory Dwelling Units. This was because of housing costs and would allow the flexibility for individual families to house in-laws, grandparents or have a rental unit. The primary would be the existing single- family house and this dwelling unit would be the accessory to the primary use. There were some municipalities that already have this use. She explained how to figure out if a lot would allow for one accessory dwelling unit with one parking space plus other things. Staff was recommending that the Planning and Zoning Board recommend approval for this new text amendment to the City Commission. Board Member De Las Salas inquired if this was something a developer brought to them or did Staff generate it on its own? Deputy Director Lajoie said residents have inquired about this. It was a trend that a lot of cities were doing. Board Member De Las Salas was answered by the Deputy Director that this could not be a short-term vacation rental. The City Attorney said that they would add for clarity – “Short- Term Vacation Rental as defined in Chapter 16 of the Code”. Board Member De Las Salas liked this idea. This was one way to help get out of the affordable housing crisis and that would fit within the character of the City. Board Member Wright asked if it had to be a separate dwelling or could it be attached? The Deputy Director said it could be either attached or detached. As there were no more board questions or comments, the Chair called for public comments. A gentleman from Pompano Beach, Bajal Chadvok, asked if City Staff and the Planning and Zoning Board would consider duplexes in addition to single-family homes. This could be in an area that allowed duplexes that had a density of two and one-half. Think about allowing duplexes to also add an accessory dwelling unit. Discussion ensued. The Deputy Director explained that the lot would determine what would fit and there was the underlying density. Board Member Wright thought this would be good to take care of our families but did we want people to rent out to just anyone. Deputy Director Lajoie explained that the City would not be able to regulate that. The Board Member expressed concern about it becoming an Airbnb. Director Norena reminded that the City monitored vacation rentals. The Deputy Director answered the City Attorney that she did not feel strongly either way about this subject and duplexes. Planning and Zoning Board/Local Planning Agency Minutes 7 February 19, 2025 Motion was made by Board Member De Las Salas to recommend approval to the City Commission of this new text amendment, TX-053-24, as written with the one clarification (Short-Term Vacation Rental as defined in Chapter 16 of the Code) added which was seconded by Vice Chair Granett. Motion passed 4-0. VII. BOARD ITEMS 1. City Commission actions on items previously heard by the Board: • None 2. Upcoming Meeting dates: March 19, 2025 VIII. PUBLIC COMMENTS • None IX. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 8:46PM. ATTEST: _______________________________ ______________________________________ IBEL LARIOS CHAIR W. QUIN ROBERTSON BOARD CLERK PLANNING AND ZONING BOARD/LPA (Date) (Date) For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6805 X3792 or emailing ilarios@daniabeachfl.gov.   Page 1 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. ORDINANCE NO. 2025-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED “LAND DEVELOPMENT CODE”; AT PART 3, ENTITLED “SPECIAL ZONING DISTRICTS”, SUBPART 1 ENTITLED “COMMUNITY REDEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS” TO CREATE THE BEACH GATEWAY MIXED USE II DISTRICT (GTWY-MU-II) AT SECTION 303-75, ENTITLED “GTWY-MU-II, BEACH GATEWAY MIXED-USE II DISTRICT”; ALSO TO PROVIDE FOR THE FOLLOWING REVISIONS: AMENDING ARTICLE 300 ENTITLED “HOW TO USE”, SECTION 300-70, ENTITLED “COMMONLY USED ABBREVIATIONS”; AMENDING ARTICLE 302 ENTITLED “DETAILED USE REGULATIONS”, SECTION 302-10, ENTITLED “PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AT SECTION 302-40, ENTITLED “MIXING OF USES”; AMENDING ARTICLE 304 ENTITLED “BUILDING HEIGHT AND TRANSITION REGULATIONS”, AT “SECTION 304-10, ENTITLED “GENERALLY”; AMENDING ARTICLE 307 ENTITLED “LANDSCAPING REGULATIONS”, AT SECTION 307-10, ENTITLED “ON-SITE LANDSCAPING REQUIREMENTS”; AMENDING PART 1 “USE REGULATIONS”, ARTICLE 100 ENTITLED “GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS”, AT SECTION 100-60 ENTITLED “ESTABLISHMENT OF ZONING DISTRICTS”; AMENDING ARTICLE 105 ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”, AT SECTION 105-170 ENTITLED “COMMUNITY RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES”; AMENDING ARTICLE 110 ENTITLED “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS “, AT SECTION 110-20 ENTITLED “LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES”; AMENDING AT PART 2, “SITE DEVELOPMENT REGULATIONS”, ARTICLE 200 ENTITLED “USER GUIDE FOR PART 2 OF THE CODE”, AT ASECTION 200-40 ENTITLED “HOW PART 2 OF THIS CODE RELATES TO THE CRA FORM-BASED AND PMUD REGULATIONS”; AMENDING ARTICLE 265 ENTITLED “OFF-STREET PARKING REQUIREMENTS”, AT SECTION 265-91 ENTITLED “PARKING REDUCTIONS FOR TRANSPORTATION DEMAND MANAGEMENT STRATEGY IMPLEMENTATION WITHIN THE CRA FORM- BASED DISTRICTS”; AMENDING ARTICLE 275 ENTITLED “LANDSCAPING REQUIREMENTS”, AT SECTION 275-170 ENTITLED “LANDSCAPE REQUIREMENTS FOR SCREENING”; AMENDING PART 5 “SIGNAGE AND DESIGN REGULATIONS”, ARTICLE 505 ENTITLED “SIGN REGULATIONS”, AT SECTION 505-20 ENTITLED “DEFINITIONS”; AMENDING SECTION 505-90 ENTITLED “SIGNAGE REGULATIONS FOR MIXED USE CRA FORM BASED ZONING DISTRICTS”; AMENDING SECTION 505- 210 ENTITLED “COMMUNITY REDEVELOPMENT AREA DESIGN INCENTIVES”; AND AMENDING PART 7, ENTITLED “ CODE ADMINISTRATION”, ARTICLE 700 ENTITLED “CODE ADMINISTRATION AND LEGAL PROVISIONS”, SECTION 725-30 ENTITLED “TERMS DEFINED”; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.   Page 2 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. WHEREAS, the City Commission of the City of Dania Beach, Florida (“City”) wishes to create a new zoning district and add regulatory requirements to the City’s Land Development Code relating to CRA Form Based Zoning District for the new Beach Gateway Mixed Use II zoning district; and WHEREAS, the City Commission finds that the regulations hereinafter set forth are reasonably related to the health, safety, and general welfare of the citizens, property owners and invitees of the City. 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 legislative intent of this Ordinance. Section 2. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” at Subpart 1, “Community Redevelopment Area (CRA) Form-Based Zoning Districts” as follows: CHAPTER 28 LAND DEVELOPMENT CODE PART 3. SPECIAL ZONING DISTRICTS SUBPART 1. COMMUNITY RECEVELOPMENT AREA (CRA) FORM-BASED ZONING DISTRICTS Sec. 303-75. GTWY-MU-II, Beach Gateway Mixed-Use II District. (A) Intent and purpose. To capitalize on the proximity of conservation areas, waterways and the beach, by preserving additional land, thus enhancing the area's assets, by differentiating this district from the GTWY-MU mixed-use district, and by allowing appropriate building height to allow for reduction in footprint and developed land area. This will be accomplished by allowing relatively tall buildings built relatively close to the street, while providing greater setback and landscaping between the building and street than in the East Dania Beach Boulevard mixed-use district.   Page 3 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Figure 303-22-1 GTWY-MU-II district map. **PLACEHOLDER FOR MAP ONCE A REZONING OCCURS** (B) Density: max. 85 du/ac. (C) Reserved. (D) Generalized permitted uses (see article 302 for specific uses and conditions of use): Uses Residential 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. (F) Sustainable building requirements. See article 305. (G) Parking. See article 306. Structured parking is not permitted in the first layer. (H) Landscaping. See article 307. (I) Signage. See article 308. (J) Additional development standards. See article 309. (K) Architectural and design standards. See article 525. (L) Building placement standards. Diagram Key Building Placement Street Type Primary Secondary   Page 4 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Requirements (In Feet) "C" Street setback Other structures 30′ min. 10′ min. "G" Interior side setback (minimum) 10′ except 15′ abutting residential "I" Rear setback (minimum) 25′ (M) Building frontage standards. Diagram Key Standard All Streets "D" Depth of 1st layer N/A "E 1 +..+E x " % of lot width that façade must be built on BTL N/A "R" Max. recess from BTL N/A Figure 303-22-2       Page 5 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. (N) Allowable building and frontage types. Building form is not regulated through building or frontage types in this district. (O) Minimum lot width. One hundred (100) feet. (P) Minimum lot depth. One hundred (100) feet. Figure 303-22-3 (Q) Maximum building height. Two (2) feet for each one (1) foot of horizontal distance from street lines and property lines, not to exceed eight (8) stories. The maximum allowable height in this district is based upon proximity to adjacent residential zoning districts and district streets. Therefore, allowable height within one (1) portion of a property might be different than that permitted on another portion. Buildings must be designed accordingly. The allowable height of buildings just outside of the district boundary is shown on the height map for information purposes. (R) Required Amenities. The following amenities are required.  Sustainable Building Practices  Payment in Lieu of Public Parking  Provide Public Parks (1) Sustainable Building Practices; voluntary green building/development program. (a) Overview. The CRA green building/development program is a voluntary program that developers may choose to participate in, to comply with subsection (R) Required Amenities (b) Green building; green building practices. Green building practices refers to building and building site design, materials and construction techniques that minimize demand for nonrenewable material and energy resources, water consumption, and minimize the generation of waste products, pollution, and stormwater runoff. Green building   Page 6 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. practices are generally consistent with the techniques used to achieve certification of construction and development through third-party green building and development certification programs including the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED), the Florida Green Building Coalition, and Florida Green Lodging. (c) Rating organizations. This program awards credits based on selected third-party green building/development certification programs, including, but not limited to, the Florida Green Building Coalition, Florida Green Lodging, and U.S. Green Building Council Leadership in Energy and Environmental Design (LEED). (d) Approval of established third-party standards. Applicants seeking to participate in the voluntary green building/development program are required to schedule a preliminary development application meeting with 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 development director for review. If the standards of a third-party certification 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 certification 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 voluntary green building/development program must choose to: 1. Formally apply for third-party certification with a selected third-party green building/development rating organization approved by the community development director, which includes meeting all the submittal, application and fee requirements for the selected third-party certification; or 2. As an alternative to formal application for third-party certification the applicant may participate in the city's cost-recovery green building/development review 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) Minimum submittal requirements for applying for voluntary green building or development program. Site development plan submittal requirements to participate in the voluntary green building/development 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 standards used in the site development plan submittal.   Page 7 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. 2. Written statement identifying the review option selected by the applicant (demonstration of formal third-party certification of the project, or community development director verification of project compliance with third-party green building/development standards through cost-recovery based review). 3. A completed residential green development/building checklist, with a narrative explanation of how the green building measure is being incorporated. 4. The city shall require that the proposal exceed the number of points necessary under this section by a margin to be established administratively for each third- party certification program. The intent is to ensure certification as best possible in the event that a given green measure fails to qualify after construction is completed. 5. A notarized affidavit from the project architect demonstrating that the approved green building measures have been incorporated into the project plans. 6. Project site and engineering plans that clearly detail all green building measures. 7. A notarized affidavit certifying that a green building expert professional certified or accredited by a third-party green building and development rating organization deemed acceptable by the community development director is a part 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 certificate of occupancy). (g) Performance bond. Participants in the voluntary green building program, prior to issuance of a Certificate of Occupancy, shall post a performance bond, letter of credit or other form 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 certification requirements: a. Four (4) percent of the total cost of construction for a development of less than one hundred thousand (100,000) square feet of building area. b. Three (3) percent of the total cost of construction for a development of up to two hundred thousand (200,000) square feet of building. c. Two (2) percent of the total cost of construction for any building greater than two hundred thousand (200,000) square feet. 2. In the event the completed development does not achieve the third-party certification or the required number of points, a portion of the surety shall be forfeited in an amount equal to the percentage of the required third-party point total not earned. However, if the development does not qualify for at least ninety (90) percent of the number of points, the entire bond amount shall be forfeited. 3. The city may call on the performance bond if:   Page 8 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. a. If the community development director determines that the development does not qualify for the credits within 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, water-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. (2) Provide Payment in Lieu of Public Parking, consistent with Section 265-92. (3) Contribution for public parks. (a) The public park contribution shall be calculated pursuant to section (3)(b) below, which shall be applied to the city's park fund for park land acquisition or park improvements. The full public park payment shall be paid if this amenity is selected. A development containing a minimum of twenty-five (25) dwelling units is required to provide this amenity. (b) The public park payment shall be equal in value to fifty cents ($0.50) per square foot of estimated residential gross floor area. (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 stories of a residential building or structure under a roof, and including, interior amenity areas, clubhouses, lobby areas however excluding private garages, maintenance areas, utility areas, operational areas, storage closets, electrical and mechanical facilities, balconies, stairwells, elevators, basements and subbasements, covered parking, loading areas, and parking structures. (d) The contributions referenced in this section are calculated in 2024 dollars and shall be adjusted by the Consumer Price Index on an annual basis. (e) Payment of the public park fees shall be made prior to issuance of a building permit. (S) Stormwater . For any development utilizing the GTWY-MU-II, Beach Gateway Mixed-Use II District, the following additional standards shall be applicable. (1) Developments must retain all stormwater from a 3-year, 24-hour event. (2) Stormwater retention/detention areas. (a) Stormwater retention/detention areas shall be designed to maximize the perimeter dimension, where feasible. (b) Stormwater retention/detention areas shall be planted throughout with native herbaceous facultative plants, with the following exceptions:   Page 9 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. 1. In areas that are designated and actively used for play and/or picnic areas, overflow parking, or sports shall be planted with grasses which are very drought tolerant, as well as tolerant to wet soils. 2. In areas where the minimum required stormwater retention capacity would be adversely affected. (c) The minimum required number of native herbaceous facultative plants shall be one (1) plant per square foot of retention/detention area, including the slope. Minimum required herbaceous plant container size shall be one and one-half (1½) inches, commonly, referred to as a liner. Sprigging, seeding, plugging, hydro-mulching or sodding with native herbaceous facultative plants grown from local seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. (d) Native facultative trees or shrubs may be used in lieu of native herbaceous facultative plants, provided that the minimum required stormwater retention capacity is not adversely affected. Figure 303-22-4 GTWY-MU-II district height map. [*REVISED MAP TBP BY CITY*] *** Section 3. That Chapter 28 entitled the “Land Development Code”; at Part 1, “Use Regulations,” Article 100, Section 100-60 “Establishment of Zoning Districts” is hereby amended to read as follows: Sec. 100-60. Establishment of zoning districts. The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting, promoting and improving the public health, safety and the general welfare of the citizens and residents, the city is divided into the following districts: District map designation Full district title Intent and purpose of district (B) Mixed-use zoning districts RO Residential Office District Provides for small-scale professional offices on lots fronting major arterial roadways while still permitting a   Page 10 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. principal dwelling unit in the same building, and maintaining the residential character of the adjacent neighborhood. These are often single-family homes that are no longer viable due to road widenings and related noise. Implements the Commercial and Residential categories of the comprehensive plan. Use of the commercial or residential flexibility rules of the Broward County Land Use Plan Administrative Rules Document may be required. NBHD-MU Neighborhood Mixed-Use District Provides for neighborhood-serving commercial uses, townhouses, apartments and limited assembly, repair and fabrication that are compatible with residential and commercial uses. The district is applied in a linear fashion, typically to frontage properties along certain collector streets that border or traverse neighborhoods. Front yards are minimized, with buildings close to the street, and rear yard and on-street parking facilities. Implements the Regional Activity Center category of the comprehensive plan. SFED-MU South Federal Highway Corridor Mixed-Use District Encourages medium-intensity redevelopment of the corridor with a mix of retail, office, residential, and lodging uses with a design emphasis on pedestrian street life in a manner that supports public transit, while creating interest and fostering investment in the immediate neighborhood. This will be accomplished through a mix of residential and commercial uses along the corridor, built close to the street, with parking facilities behind buildings. Implements the Regional Activity Center category of the comprehensive plan. GTWY- MU Beach Gateway Mixed-Use District Capitalizes on the proximity of conservation areas, waterways and the beach by preserving additional land, thus enhancing the area's assets. This will be accomplished by allowing relatively tall buildings built near the street, in order to allow for a reduction in building footprint and consolidation of the developed area, while providing a landscaped yard between the building and street to differentiate this zone from the more urban EDBB-MU zone. Implements the Regional Activity Center category of the comprehensive plan.   Page 11 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. GTWY- MU-II Beach Gateway Mixed-Use II District Capitalizes on the proximity of conservation areas, waterways and the beach by preserving additional land, thus enhancing the area's assets. This will be accomplished by allowing relatively tall buildings built near the street, in order to allow for a reduction in building footprint and consolidation of the developed area, while providing a landscaped yard between the building and street to differentiate this zone from the GTWY-MU zone. Implements the Regional Activity Center category of the comprehensive plan. EDBB-MU East Dania Beach Boulevard Corridor Mixed-Use District Encourages medium- to high-intensity redevelopment of the corridor with a mix of retail, office, residential, and lodging uses with a design emphasis on pedestrian street life in a manner that supports public transit, while creating interest and fostering investment in the immediate neighborhood. This will be accomplished through a mix of residential and commercial uses along the corridor, built close to the street, with parking facilities behind buildings. Implements the Regional Activity Center category of the comprehensive plan. CC City Center District Establishes a mixed use downtown with transit-supportive density and intensity where citizens can work, live, and shop in a place that is the economic, governmental, entertainment and cultural focal point of Dania Beach. This district is designed to encourage accessible, active, pedestrian-oriented areas within walking distance of a prospective transit station on the FEC railway. Implements the Regional Activity Center category of the comprehensive plan. PMUD Planned Mixed- Use Development District Encourages an integrated approach to redevelopment within the Dania Beach Regional Activity Center (RAC) encompassing a mix of uses at an intensity and density consistent with the proximity to regional roadways, the airport and seaport. This district is intended for large-scale mixed use development with direct access to an arterial roadway(s) which serves as a transit route or located within close proximity to a mobility hub. PMUD-SL Planned Small Lot Mixed-Use Development District Encourages an integrated approach to redevelopment within the Dania Beach Regional Activity Center (RAC) encompassing a mix of uses at an intensity and density consistent with the proximity to regional roadways, the airport and seaport. This district is intended for small-scale   Page 12 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. mixed-use development in close proximity to other mixed- use development, mobility hubs, and arterial roadways. (E) CRA form-based districts CC, City Center District [see (B) Mixed-use zoning districts] SFED-MU, South Federal Highway Mixed-Use District [see (B) Mixed-use zoning districts] EDBB-MU, East Dania Beach Boulevard Mixed-Use District [see (B) Mixed-use zoning districts] GTWY-MU, Beach Gateway Mixed-Use District [see (B) Mixed-use zoning districts] GTWY-MU-II, Beach Gateway Mixed-Use II District [see (B) Mixed-use zoning districts] NBHD-MU, Neighborhood Mixed-Use District [see (B) Mixed-use zoning districts] NBHD-RES, Neighborhood Residential District [see (A) Residential zoning districts] Section 4. That Chapter 28 entitled the “Land Development Code”; at Part 1, “Use Regulations,” Article 105, Section 105-170 “Community Residential Homes and Residential Care Facilities” is hereby amended to read as follows: (A) Homes of six (6) or fewer residents that meet the definition of "community residential home, type 1" as defined in article 725 (see definition of special residential facility), shall be deemed a single-family dwelling unit and a noncommercial residential use, and shall be permitted in all districts that permit single-family or multifamily uses, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another community residential home with six (6) or fewer residents. (B) A "community residential home, type 2", as defined in article 725 (see definition of special residential facility), having more than six (6) residents is permitted in the CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, RM, RM-1, RM-2 and PRD-1 zoning districts subject to the following, and to the specific regulations of the applicable zoning district: (1) Such uses shall not be located within twelve hundred (1,200) feet of another existing community residential home or within a radius of five hundred (500) feet of a single family zoning district boundary. (2) Such uses shall meet the applicable licensing criteria established and determined by state agencies pursuant to F.S. Ch. 419. (C) "Residential care facilities", as defined in article 725 (definitions), are allowed by special exception in the RM-2, PRD-1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, CF, C-3 and C-4 zoning districts, subject to the special residential facilities provisions for density allocations under the Broward County Land Use Plan. (D) "Adult residential care facilities", as defined in article 725 (definitions), with more than one hundred (100) sleeping rooms are allowed by special exception in the RM-2, PRD-   Page 13 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. 1, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, C-3, and C-4 zoning districts subject to the following requirements: (1) The facility must have frontage on, and direct vehicular access to, either a minor arterial containing at least one hundred ten (110) feet of right-of-way, or a principal arterial as designated on Broward County Traffic-ways Plan. (2) The facility shall provide the following services: At least (1) full meal per day from a central dining facility; central housekeeping services to its residents no less than weekly; a full-time registered nurse on call to the residents; planned activities, which may include, but are not limited to, social, educational and recreational activities. Section 5. That Chapter 28 entitled the “Land Development Code”; at Part 1, “Use Regulations,” Article 110, Section 110-20 “List of permitted, special exception and prohibited uses” is hereby amended to read as follows: Sec. 110-20. List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the Residential Office (RO) District, the Marine District, and generalized permitted and special exception uses within the mixed-use CRA form-based districts. Permitted and special exception uses shown in this table for the CRA form-based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Unless otherwise provided, this table shall not apply to uses in the Planned Mixed Use Development District (PMUD) or Planned Small Lot Mixed-Use Development District (PMUD-SL). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD or PMUD-SL shall be identified and established pursuant to the approved PMUD or PMUD-SL Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and articles 340 and 350 of this chapter.   Page 14 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough.   IN D U S TR I A L   MIXED‐USE DISTRICTS COMMERCIAL ZONING  DISTRICTS      CRA FORM‐BASED DISTRICTS   Legend      P ‐ Permitted   P(#) ‐ Permitted subject  to numbered footnote   A ‐ Permitted accessory  use only   SE ‐ Permitted special  exception use only   Ma r i n e   RO  (s e e  se c  11 0 ‐18 0 )   CC   ED B B ‐MU   SF E D ‐MU   GT W Y ‐MU   GT W Y ‐MU ‐II   NB H D ‐MU   C‐1  C‐2  C‐3  C‐4    ‐ Not permitted       USES  Accessory uses to  permitted and special  exception uses   A  NP  A  A  A  A  A A  A  A  A  A   Arcade or amusement  center [subject to  sections 110‐60, 110‐ 190]   NP  NP  SE  SE  SE  SE  SE SE  NP  NP  NP  NP   Art galleries, museums,  and libraries   SE  NP  P  P  P  P  P P  NP  P  P  P   Assembly and light  fabrication of goods and  materials   SE  NP  SE  NP  NP  NP  NP SE  NP  NP  NP  SE   Assembly, repair, and  fabrication of  premanufactured art  objects, apparel,  jewelry, and home  furnishings, accessory to  retail use [subject to  section 110‐150]   NP  NP  A  A  A  NP  NP A  NP  A  A  A   Athletic clubs/studio  NP  NP  P  P  P  P  P P  NP  P  P  P     Page 15 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Auditoriums, theaters  and convention halls,  movie theaters   NP  NP  SE  SE  SE  SE  SE NP  NP  SE  SE  SE   Automobile rental  establishments, other  [subject to section 110‐ 80]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  SE   Automobile rental  establishments, with  parking or storage for  ten (10) or fewer  vehicles subject to  section 110‐190]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Automobile repair,  minor [subject to section  110‐90]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Automobile, truck,  motorcycle, boat, trailer,  recreation vehicle sales,  display, accessory repair  and service   NP  NP  SE  SE  SE  NP  NP NP  NP  NP  NP  P   Auto parts, retail or  wholesale   NP  NP  NP  P  P  P  P P  NP  P  P  P   Bail Bond [subject to  section 110‐310]   NP  NP  P  P  NP  NP  NP NP  NP  NP  NP  NP   Banks and financial  institutions   NP  NP  P  P  P  P  P NP  P  P  P  P   Bakeries, delicatessens  NP  NP  P  P  P  P  P P  NP  P  P  P   Bingo hall  NP  NP  SE  SE  SE  SE  SE SE  NP  NP  NP  NP   Boat painting  SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Boats, Indoor storage of  new or used only on  property abutting a  navigable waterway   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Boats, Outdoor storage  of new or used   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP     Page 16 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Boats marine parts store  P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Boat sanitary waste  pump‐out facilities   SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Bus depot for storage  and maintenance of  buses and related office  facilities [subject to  section 110‐290]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  P   Cabinet or furniture  shop [subject to section  110‐250]   P  NP  NP  NP  NP  NP  NP P  NP  NP  NP  NP   Catering establishments  [*subject to section 302‐ 20(22)]   NP  NP  NP  NP  NP  NP  NP P*  NP  NP  P  P   Charitable, civic,  fraternal and  professional  organizations, excluding  social service providers  and agencies   NP  NP  SE  SE  SE  SE  SE SE  NP  SE  SE  SE   Charity or thrift shop  NP  NP  NP  NP  NP  NP  NP NP  NP  NP  P  P   Check cashing stores  [subject to section 110‐ 190]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   City of Dania Beach  municipal use   P  NP  P  P  P  P  P P  P  P  P  P   Community  garden/urban farm  [subject to section 105‐ 230]   NP  NP  P  P  P  P  P P  NP  NP  NP  NP   Contractor shop [subject  to section 110‐270]   NP  NP  NP  NP  NP  NP  NP P  P  P  P  P   Contractor shop, repair  or service shops (air  conditioning, carpenter,  plumbing, electrical,  glass, marine, cloth or  canvas)   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  SE     Page 17 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Copy shop, printing shop  NP  NP  P  P  P  P  P P  NP  P  P  P   Day care centers  NP  NP  P  P  P  P  P P  NP  P  P  P   Dock and docking of  boats and ships  (excluding dry docks),  including the operations  of charter boats   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Drive‐through service,  other [subject to  sections 110‐190, 110‐ 220]   NP  NP  NP  P  P  P  NP NP  P  P  SE  SE   Dry cleaning  establishments,  excluding self service  laundries, for direct  service to customers   NP  NP  P  P  P  P  P P  NP  P  P  P   Dry lot storage and dry  stack storage of boats   SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Exhibit/Event space  NP  NP  SE  NP  SE  NP  NP NP  NP  NP  NP  NP   Farmer's market [subject  to section 105‐240]   NP  NP  P  NP  NP  NP  NP NP  NP  NP  NP  NP   Fast food restaurant in  an existing building  [subject to section 110‐ 190]   NP  NP  P  P  P  P  P NP  P  P  P  P   Fast food restaurant in a  new multi‐tenant, or  attached building (not  free standing) [subject  to section 110‐190]   NP  NP  P  P  P  P  P NP  P  P  P  P   Fortune tellers, palmists,  clairvoyants or  astrologists [subject to  section 110‐190 &  Chapter 12.5]   NP  NP  P  P  P  P  P P  NP  P  P  P   Freestanding drive‐ through restaurant  NP  NP  NP  P  P  P  NP NP  NP  NP  SE  SE     Page 18 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. [subject to section 110‐ 190]   Funeral homes and  mortuaries   NP  NP  NP  P  P  NP  NP NP  NP  NP  SE  SE   General service and  repair shop   NP  NP  P  P  P  P  P P  NP  P  P  P   Gun shops [subject to  section 110‐190]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Hotel [subject to section  110‐100]   NP  NP  P  P  SE  P  P NP  NP  SE  SE  SE   Indoor play center  providing primarily  physical and imaginative  non‐electronic  recreational  opportunities for  primarily preschool and  elementary aged  children, and which may  also offer accessory  retail sales, food and  beverage sales [*subject  to section 302‐20(22)]   NP  NP  NP  NP  P  NP  NP P*  P  P  P  P   Kennel (subject to  section 302‐20(A)(21))   NP  NP  P  P  P  P  P P  NP  NP  NP  P   Large retail  establishment [subject  to sections 110‐120,  110‐190; articles 510,  520]   NP  NP  P  P  P  P  P NP  NP  SE  SE  SE   Light industrial marine  uses not itemized in this  section   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Liquor, package stores  [subject to section 110‐ 50]   NP  NP  NP  NP  NP  NP  NP NP  NP  P  P  P   Liquor, package stores  accessory to grocery  retail use of at least  NP  NP  A  A  A  A  NP NP  NP  A  A  A     Page 19 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. 27,500 square feet  [subject to section 110‐ 50]   Manufacturing and  repair (excluding  painting) of boats,  associated assembly,  fabrication, outfitting  and maintenance,  marine construction and  equipment loading and  handling operations   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Marine‐related  educational facilities   SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Massage therapy  services as accessory to  a full service personal  service establishment  only [subject to section  110‐280]   NP  NP  A  A  A  A  A A  A  A  A  A   Medical Marijuana Retail  Center [subject to  section 110‐190(C)]   NP  NP  P  P  P  P  P P  NP  P  P  P   Merchandise rental or  leasing stores   NP  NP  NP  SE  SE  SE  SE SE  NP  NP  SE  SE   Microbrewery, or craft  distillery with tasting  room (required) [subject  to section 110‐50]   NP  NP  P  SE  SE  SE  SE SE  NP  NP  NP  NP   Mixed residential and  commercial uses   NP  NP  P  P  P  P  P P  NP  NP  NP  NP   Mobile food vendor  [subject to section 110‐ 320]   NP  NP  P  P  P  P  NP NP  NP  P  P  P   Mobile vendor, except  as permitted in  conjunction with a  temporary use approved  under article 675  NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP     Page 20 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Motor fuel pumps, retail  [subject to section 110‐ 90]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Multifamily dwellings  NP  P  P  P  P  P  P P  NP  NP  NP  NP   Office, business  NP  P  P  P  P  P  P P  P  P  P  P   Office, professional  NP  P  P  P  P  P  P P  P  P  P  P   Office, medical [section  110‐40 and section 110‐ 190(c) govern pain  management clinics]   NP  NP  P  P  P  P  P P  NP  P  P  P   Outdoor produce sales  [subject to section 110‐ 160]   NP  NP  A  A  A  A  A A  A  A  A  A   Outdoor restaurant  seating [subject to  section 110‐200]   NP  NP  A  A  A  A  A A  NP  SE  SE  SE   Outdoor sales, leasing,  rental, display, storage  of fully assembled new  boats, new trailers and  marine vessels   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Outdoor sales, leasing,  rental, display, storage  of fully assembled used  boats, trailers and  marine vessels   SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Outdoor stands, other;  open counters   NP  NP  SE  SE  SE  SE  NP NP  SE  SE  SE  SE   Outdoor storage of fully‐ assembled, operational  passenger vehicles,  boats and boat trailers,  and recreational vehicles  [subject to section 110‐ 300]   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Outdoor storage of new  materials and  SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  SE     Page 21 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. equipment [subject to  section 110‐210]   Painting of boats  SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Pawn shops [subject to  section 110‐190]   NP  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Personal service  establishments   NP  NP  P  P  P  P  P P  P  P  P  P   Places of worship  NP  NP  P  P  P  P  NP NP  P  P>P  P    Public or private parking  facility (principal use)   NP  NP  P  P  P  P  P P  NP  P  P  P   Resale boutique and  consignment shop, for  profit   NP  NP  NP  P  P  P  P P  NP  P  P  P   Residential care facility  [subject to section 105‐ 170]   NP  NP  NP  SE  SE  SE  SE NP  NP  NP  SE  SE   Residential care facility,  adult [subject to section  105‐170]   NP  NP  NP  SE  SE  SE  SE NP  NP  NP  SE  SE   Restaurants, full service  without live  entertainment [subject  to section 110‐50]   NP  NP  P  P  P  P  P P  P  P  P  P   Restaurants and bars  with live entertainment  as an accessory use  [subject to section 110‐ 50]   NP  NP  P  P  P  P  SE SE  NP  SE  SE  SE   Restaurant, drive‐in  [subject to sections 110‐ 190, 110‐220]   NP  NP  NP  P  P  P  NP NP  NP  NP  SE  SE   Restaurant, takeout  NP  NP  P  P  P  P  P P  P  P  P  P   Retail pharmacy [subject  to section 110‐190(C)]   NP  NP  P  P  P  P  P P  NP  P  P  P   Retail stores [subject to  section 110‐190(C)]   NP  NP  P  P  P  P  P P  NP  P  P  P     Page 22 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Roadside vendors  NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   School, academic  NP  NP  NP  SE  SE  SE  SE NP  SE  SE  SE  SE   School, college  NP  NP  SE  SE  SE  SE  SE NP  SE  SE  SE  SE   School, specialty  SE  NP  P  P  P  P  SE NP  SE  P  P  P   Scooter or  motorized/electric car  rental [subject to section  110‐240]   NP  NP  P  P  P  P  NP NP  NP  NP  NP  NP   Self‐service or coin‐ operated laundry  [subject to section 110‐ 190]   NP  NP  NP  NP  NP  NP  NP SE  NP  NP  SE  SE   Sign fabrication, sign  printing [subject to  section 110‐250]   NP  NP  NP  NP  NP  NP  NP P  NP  NP  P  P   Single‐family residence  NP  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Storage [subject to  section 110‐260]   NP  NP  NP  NP  NP  NP  NP P  NP  NP  NP  NP   Storage and sales of  lumber and building  materials within a  completely enclosed  building   SE  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  SE   Tattoo or body piercing  parlor [subject to section  110‐190]   NP  NP  SE  NP  NP  NP  NP NP  NP  NP  SE  SE   Temporary uses and  special events [subject  to article 675]   A  NP  P  P  P  P  P P  P  P  P  P   Veterinarian, animal  hospital (excluding  boarding)   NP  NP  P  P  P  P  P P  NP  SE  P  P   Vinyl sign fabrication  and sign printing shops  (excluding metal  fabrication sand blasting  and spray painting  NP  NP  NP  NP  SE  SE  SE P*  NP  SE  SE  SE     Page 23 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. processes) [*subject to  section 302‐20(22)]   Warehousing with up to  twenty (20) percent  ancillary office space  [*subject to section 302‐ 20(22)]   A  NP  NP  NP  NP  NP  NP P*  NP  NP  SE  P   Watchman or caretaker  dwelling unit [subject to  sections 110‐30, 230‐20]   A  NP  A  A  A  A  A A  NP  A  A  A   Wet or dry stack marina  and related facilities  [subject to section 110‐ 170]   P  NP  NP  NP  NP  NP  NP NP  NP  NP  SE  SE   Wholesale: combined  office‐ distribution/showroom‐ warehouse facilities with  up to twenty percent  (20%) ancillary office  space   P  NP  NP  NP  NP  NP  NP NP  NP  NP  NP  NP   Wholesale: combined  office‐showroom‐ warehouse facility with  up to twenty percent  (20%) ancillary office  space [*subject to  section 302‐20(22)]   P  NP  NP  NP  NP  NP  NP P*  NP  NP  NP  P   Winery with tasting  room (required) [subject  to section 110‐50]   NP  NP  P  SE  SE  SE  SE SE  NP  NP  NP  NP   Section 6. That Chapter 28 entitled the “Land Development Code”; at Part 2, “Site Development Regulations,” Article 200, Section 200-40 “How part 2 of this code relates to the CRA form-based and PMUD regulations” is hereby amended to read as follows:   Page 24 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Sec. 200-40. How part 2 of this code relates to the CRA form-based and PMUD regulations. (A) The site development regulations for the CRA form-based districts (CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, NBHD-MU, NBHD-RES) are not contained in the article 205 schedule of site development regulations. Instead, they are located in part 3 of this code. However, the detailed site development regulations of the remainder of part 2 apply to the CRA form-based districts unless otherwise noted. In the event of a conflict between part 2 and part 3, the standards of part 3 shall take precedence for areas zoned in one of the CRA form-based districts. (B) Unless otherwise provided, site development regulations for the Planned Mixed Use Development District (PMUD) are specified within article 340 of this chapter and within the approved Development Design Guidelines (DDG). Similarly, site development regulation for the Planned Small Lot Mixed-Use Development District (PMUD-SL) are specific within article 350 of this chapter and within the approved Development Design Guidelines (DDG). However, the sections of part 2 that specifically govern airport safety, wildlife and environmentally sensitive lands shall apply to the PMUD and PMUD-SL Districts. Section 7. That Chapter 28 entitled the “Land Development Code”; at Part 2, “Site Development Regulations,” Article 265, Section 265-91 “Parking reductions for transportation demand management strategy implementation within the CRA form-based districts” is hereby amended to read as follows: Sec. 265-91. Parking reductions for transportation demand management strategy implementation within the CRA form-based districts (CC, EDBB-MU, SFED- MU, GTWY-MU, GTWY-MU-II, NBHD-MU, NBHD-RES). (A) All new development or redevelopment within the CRA form-based districts (CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, NBHD-MU, NBHD-RES) may apply for parking reduction through the implementation of transportation demand management (TDM) strategies. Parking reductions for each TDM strategy implementation may earn three (3) percent reduction. Total reduction shall not be more than ten (10) percent of the total required parking for all uses within the development. This reduction may be used in conjunction with other parking reduction provisions such as shared parking and affordable housing incentives.   Page 25 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Section 8. That Chapter 28 entitled the “Land Development Code”; at Part 2, “Site Development Regulations,” Article 275, Section 275-170 “Landscape requirements for screening” is hereby amended to read as follows: Sec. 275-170. Landscape requirements for screening. (A) Structures. Each structure shall be treated with landscaping to enhance the appearance of the structure and to screen unattractive or unsightly appearance as applicable, with a minimum of twenty (20) percent of the front of the structure being planted with shrubs at a minimum of two (2) feet in height. This requirement shall not apply to street-facing façades within the CC, SFED-MU, EDBB-MU or GTWY-MU, or GTWY-MU-II districts. Section 9. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” Subpart 1 “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 300, Section 300-70 “Commonly used abbreviations” is hereby amended to read as follows: Sec. 300-70. Commonly used abbreviations. Abbreviation Full Name BTL Build-to-line du/ac Dwelling units per acre ' Feet ft. Feet max. Maximum min. Minimum ROW Street line (ultimate edge of right-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 GTWY-MU-II Beach Gateway Mixed-Use II District SFED-MU South Federal Highway Mixed-Use District NBHD-MU Neighborhood Mixed-Use District NBHD-RES Neighborhood Residential District   Page 26 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Section 10. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” Subpart 1 “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 302, Section 302-10 “Permitted, special exception and prohibited uses” is hereby amended to read as follows: Sec. 302-10. Permitted, special exception and prohibited uses. Legend: P = Permitted SE = Special Exception use (#) = Permitted subject to the restriction in section 302-20 having the same number that is within the parentheses Districts Ci t y C e n t e r EDBB-MU SFED-MU GT W Y - M U GT W Y - M U - I I NBH D - M U NBH D - R E S - Not permitted Principal Street Frontage Abbreviations: EDBB = East Dania Beach Boulevard SFED = South Federal Highway ED B B Ot h e r s t r e e t s S. F e d . H w y Sh e r i d a n S t . Ot h e r S t r e e t s MIXED USE [subject to section 302-40] Mixed residential and commercial use P P P P P P P P NP OPEN SPACE [subject to article 312] Accessory uses P P P P P P P P P Parks P P P P P P P P P Plazas P P NP P NP P P P NP Pocket parks P P P P P P P P NP Tot lots P P P P P P P P P Urban agricultural gardens SE NP SE NP SE NP NP NP SE RESIDENTIAL Accessory uses P P P P P P P P P Apartments, ground story (2) NP (2) (2) (2) (2) (2) (2) (2) Apartments, upper story P P P P P P P P (2)   Page 27 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Community residential home - type 1; up to 6 residents (see section 725-30 for definition) (subject to section 105-170) NP NP NP NP NP NP NP NP P Community residential home - type 2; 7—14 residents (see section 725-30 for definition) (subject to section 105-170) (3) NP (3) (3) (3) (3) (3) NP NP Home-based assembly [subject to section 105-100] P P P P P P P P P Home occupations [subject to section 105-80] P P P P P P P P P Multiple-family residential (2) NP (2) (2) (2) (2) (2) (2) (2) Single-family detached residential NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) NP (12) P Two-family (duplex) residential NP NP NP NP NP NP NP NP (1) MIXED-USE COMMERCIAL (uses that are compatible with residential uses on adjoining stories) Accessory uses P P P P P P P P P Art galleries, bookstore P P NP P NP P P P NP Bank and financial institutions P P NP P NP P P P NP Bakeries, delicatessens, coffee shops P P P P P P P P NP Convenience food store (8) (8) NP (8) (8, 20) (8) (8) (8) NP Copy, printing shop P P NP P NP P P P NP Day care center (pre-K) P P P P P P P P NP Drive-through service [subject to section 110-190] NP (4) SE (4) NP P NP NP NP   Page 28 of 43 Additions to existing text are shown in underline. 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Dry cleaning establishments, excluding self-service laundries, for direct service to customers P P NP P NP P P P NP General office use, including business, sales, professional, real estate, insurance, travel agent, information technology P P P P P P P P NP General repair shop P P SE P (20) P P P NP Large retail establishment P P NP P NP P P NP NP Medical offices, excluding pain management clinics P P P P P P P P NP Personal service establishments P P P P P P P P NP Pet shops (excluding cats, dogs, birds) and pet supplies P P NP NP NP P P P NP Restaurant, free standing drive-through [subject to section 110-190] NP P NP P NP P NP NP NP Restaurant, fast food in an existing building [subject to section 110-190] P P NP P NP P P P NP Restaurant, fast food in a new multi-tenant or attached building (not free standing) [subject to section 110-190] P P NP P NP P P P NP Restaurant; outdoor dining accessory to a restaurant, bar, ice cream shop, bakery, delicatessen or coffee shop (5) (5) NP (5) (5, 20) (5) (5) (5) NP Retail sales (7) (7) (7) (7) (20) (7) (7) (7) NP Retail sales of baked goods, confectionaries, delicatessen P P P P (20) P P P NP   Page 29 of 43 Additions to existing text are shown in underline. 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Self-service or coin operated laundry [subject to section 110-190] NP NP NP NP NP NP NP SE NP Studios for individual instruction or tenant workspace for art, music, drama, martial arts P P P P P P P P NP LODGING Accessory uses P P P P P P P P P Boarding house NP NP NP NP NP NP NP NP NP Hotel, extended-stay hotel, condominium-hotel, or time- share containing at least 75 rooms or keys P (9) P (9) NP SE (9) (20) P P NP NP Motels NP NP NP NP NP NP NP NP NP CIVIC AND INSTITUTIONAL Academic schools NP NP SE SE SE SE SE NP NP Accessory uses P P P P P P P P P Auditoriums and convention halls (6) (6) NP (6) SE (6) (6) (6) NP NP Charitable clubs, lodges, civic or fraternal organizations, excluding social service providers SE (6) SE (6) SE (6) SE (6) SE (6) SE (6) SE (6) NP NP City of Dania Beach municipal uses (police, fire, administration, parks, public parking, etc.), private open space P P P P P P P P P Colleges, specialty schools, excluding student housing P P SE P SE P SE NP NP Community garden/urban farm [subject to section 105- 230] NP NP NP NP NP NP NP NP P   Page 30 of 43 Additions to existing text are shown in underline. 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Marine schools, including on-campus student housing SE SE NP SE SE SE SE NP NP Museums, libraries P P P P P P P P NP Place of worship (6) (6) (6) (6) (6) (6) (6) NP NP Recreation center, athletic facility with spectator seating (6) (6) (6) (6) (6) (6) (6) NP NP Residential care facility (subject to section 105-170) NP NP SE NP SE SE SE NP NP Residential care facility, adult (subject to section 105-170) NP NP SE NP SE SE SE NP NP GENERAL COMMERCIAL (uses that may not be compatible directly under a residential story) Accessory uses P P P P P P P P P Athletic and health clubs, fitness studios P P P P (20) P P P NP Auto parts sales, retail only (no bays) NP P NP P NP P P P NP Catering establishment [*subject to section 302- 20(22)] NP NP NP NP NP NP NP P* NP Community garden/urban farm [subject to section 105- 230] P P P P P P P P P Exhibit/Event space SE NP NP SE NP NP NP NP NP Farmer's market [subject to section 105-240] P NP NP NP NP NP NP NP P Group instruction in art, music, drama, martial arts, aerobics, crafts P P P P P P P P NP Indoor play center providing primarily physical and imaginative non-electronic NP NP NP P NP NP NP P* NP   Page 31 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. recreational opportunities for primarily preschool and elementary aged children, and which may also offer accessory retail sales, food and beverage sales [*subject to section 302-20(22)] Massage therapy services as accessory to a full service personal service establishment only [subject to section 110-280] A A A A A A A A NP Merchandise rental or leasing stores NP SE NP SE NP SE SE SE NP Microbrewery or winery, with tasting room (required) [subject to section 110-50] P SE SE SE SE SE SE SE NP Office, other P P P P P P P P NP Outdoor produce sales (fresh fruit, vegetable, plant and flower retail sales), accessory to a retail use that primarily sells uncooked food, or beverages or both. [subject to section 110-190] (10) (10) NP (10) (20) (10) (10) (10) NP TRANSPORTATION-RELATED Private or public parking structure as a principal use P SE SE SE SE SE SE NP NP Private or public surface parking lot as a principal use P P P P P P P P NP Transit station P NP NP NP NP NP NP P NP ENTERTAINMENT Accessory uses P P P P P P P P P Arcade or amusement center SE SE NP SE NP SE SE SE NP   Page 32 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Bar [subject to section 110- 50] P P NP P NP P P SE NP Bingo hall SE (6) SE (6) NP NP P (20) (6) SE (6) SE (6) NP NP Live entertainment accessory to a full-service restaurant, coffee house or similar establishment P P NP P (20) P P SE NP Nightclub [Alcoholic beverage establishments are subject to section 110-50] SE SE NP SE NP SE SE SE NP Movie theater SE (6) SE (6) NP SE (6) NP SE (6) SE (6) NP NP Pari-mutuel facility NP P (11) NP NP NP NP NP NP NP RESTRICTED COMMERCIAL Accessory uses P P P P P P P P P Auction house for fine arts and antiques P P NP P NP P P NP NP Automobile sales showroom, marine equipment sales showroom SE SE NP SE NP NP NP NP NP Bail Bonds [subject to section 110-310] P NP NP NP NP NP NP NP NP Bail bondsman NP NP NP NP NP NP NP NP NP Car wash (principal use) NP NP NP SE NP NP NP NP NP Charity or thrift shop NP NP NP NP NP NP NP NP NP Check-cashing stores, pawn shops, gun shops, flea markets NP NP NP NP NP NP NP NP NP Drug or alcohol rehabilitation facility, NP NP NP NP NP NP NP NP NP   Page 33 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. treatment center, or clinic (inpatient or outpatient) Fortune tellers, palmists, clairvoyants or astrologists [subject to section 110-190 & Chapter 12.5] P P NP P NP P P P NP Funeral homes, mortuaries NP NP P P P NP NP NP NP Liquor stores, package stores [subject to section 110-50] NP NP NP NP NP NP NP NP NP Liquor, package stores accessory to grocery retail use of at least 27,500 square feet [subject to section 110- 50] A A NP A NP A A NP NP Mobile vendor NP NP NP NP NP NP NP NP NP Mobile food vendor [subject to section 110-320] P P P P P P P NP NP Outdoor display of new materials and equipment NP NP NP NP NP NP NP NP NP Penal, correctional, reentry facility, or halfway house for adult or juvenile offenders NP NP NP NP NP NP NP NP NP Pet shops and pet supplies, including dogs, cats or birds (21) (21) (21) (21) (21) (21) (21) (21) NP Resale boutique and consignment shop for profit NP P P P P (20) P P P NP Retail motor fuel pumps, car washes, accessory to any other use (13) NP NP (13) NP NP NP NP NP Sales, storage, or display of lumber or building materials NP NP NP NP NP NP NP NP NP Social service providers and agencies SE NP NP SE NP NP NP NP NP   Page 34 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Tattoo, body art, or body piercing [subject to section 110-190] SE NP NP NP NP NP NP NP NP Temporary employment agency, day labor office NP NP NP NP NP NP NP NP NP Temporary parking lots [subject to conditions of use listed in section 302-20(17)] (17) NP NP NP NP NP NP NP NP Temporary uses [subject to article 675] P P P P P P P P NP Veterinary clinic, indoor- only kennel (21) (21) (21) (21) (21) (21) (21) (21) NP INDUSTRIAL, OTHER Accessory uses P P P P P P P P P Assembly and light fabrication of goods and materials SE NP NP NP NP NP NP SE NP Assembly, repair, and fabrication of pre- manufactured art objects, apparel, jewelry, and home furnishings accessory to a principal retail use (15) (15) NP (15) NP NP NP (15) NP Cabinet or furniture shop [subject to section 110-250] NP NP NP NP NP NP NP P NP Contractor shop [subject to section 110-270] NP NP NP NP NP NP NP P NP Food processing or warehouse facility NP NP NP NP NP NP NP NP NP Outdoor storage NP NP NP NP NP NP NP NP NP Sign fabrication and sign printing shops [subject to section 110-250] NP NP NP SE (16) NP SE (16) SE (16) P NP Storage [subject to section 110-260] NP NP NP NP NP NP NP P NP   Page 35 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Vehicle (including RVs and watercraft) assembly, repair, paint and body shops, auto glass shops; storage, warehousing, sales, display, leasing, and rental NP NP NP NP NP NP NP NP NP Vinyl sign fabrication and sign printing shops (excluding metal fabrication sand blasting and spray painting processes) [*subject to section 302- 20(22)] NP NP NP SE NP SE SE P* NP Warehouse (including self- storage warehouse), industrial, or manufacturing use NP NP NP NP NP NP NP NP NP Warehousing with up to twenty (20) percent ancillary office space [*subject to section 302-20(22)] NP NP NP NP NP NP NP P* NP Welding, sheet metal, tool and die, furniture or cabinet manufacturing NP NP NP NP NP NP NP NP NP Wholesale: combined office-showroom-warehouse facility with up to twenty percent (20%) ancillary office space [*subject to section 302-20(22)] NP NP NP NP NP NP NP P* NP Wholesale sales NP NP NP NP NP NP NP NP NP Section 11. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” Subpart 1 “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 302, Section 302-40 “Mixing of uses” is hereby amended to read as follows:   Page 36 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Sec. 302-40. Mixing of uses. (A) Mixing of uses within a lot is permitted in all mixed-use districts (CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, NBHD-MU) subject to this section. This section identifies the use groups that can be incorporated into the same building or lot with residential use in all mixed-use districts. Note that nonresidential and institutional uses cannot be located above a residential use. Permitted and special exception uses are classified into eight (8) use categories, listed below in loose order of highest to lowest compatibility with residential uses: (1) Residential; (2) Lodging; (3) Mixed-use commercial (given its name because it is appropriate for mixing with residential); (4) Civic, institutional; (5) General commercial; (6) Entertainment; (7) Transportation; (8) Industrial. Section 12. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” Subpart 1 “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 304, Section 304-10 “Generally” is hereby amended to read as follows: Sec. 304-10. Generally. (C) Transitional height zones. The maps showing maximum permitted height throughout each zoning district include transitional height zones in those portions of mixed-use districts 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 transition building height adjacent to neighborhood residential district boundaries and the FEC railroad right-of-way. 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. feature. The transitional height zone is also applied to each development site within the GTWY-MU District and GTWY-MU- II District because allowable building height varies based upon the distance of a building, or portion of a building, from property lines.   Page 37 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Section 13. That Chapter 28 entitled the “Land Development Code”; at Part 3, “Special Zoning Districts,” Subpart 1 “Community Redevelopment Area (CRA) Form-Based Zoning Districts”, Article 307, Section 307-10 “On-Site landscaping requirements” is hereby amended to read as follows: Sec. 307-10. On-site landscaping requirements. Article 275, "Landscaping requirements" establishes the site landscaping requirements for the CRA form-based districts. Diagram Key Section Reference Landscaping Location Applicable Districts "V" 275- 100(E) Between building and VUA All districts "W" 307-20 Streetscaping All districts "X" 275-100 Interior VUA CC, SFED- MU, EDBB- MU, NBHD- MU, GTWY- MU, GTWY- MU-II NBHD-RES: apartment buildings and rowhouses "Y" 275-90 VUA perimeter NBHD-RES, GTWY-MU, GTWY-MU- II 275-110 Rear lot line NBHD-MU Rear, interior side lot line CC, SFED- MU, EDBB- MU, NBHD- MU adjacent to residential zoning   Page 38 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. 275-120 Non-VUA perimeter GTWY-MU, GTWY-MU- II: nonresidential and mixed- use development 275-130 Non-VUA perimeter GTWY-MU, GTWY-MU- II: residential development N/A 275-140 Non-VUA interior landscaping All districts VUA = vehicle use area (parking, driveway, loading) Section 14. That Chapter 28 entitled the “Land Development Code”; at Part 5, “Signage and Design Regulations”, Article 505, Section 505-20 “Definitions” is hereby amended to read as follows: Sec. 505-20. Definitions. CRA form-based districts. The following mixed-use zoning districts, for the purposes of this article: City Center (CC) District, South Federal Highway Corridor Mixed-Use (SFED-MU) District, East Dania Beach Boulevard Mixed-Use (EDBB-MU) District, Beach   Page 39 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Gateway Mixed-Use (GTWY-MU) District, Beach Gateway Mixed-Use II (GTWY-MU-II) District, and Neighborhood Mixed-Use (NBHD-MU) District. Section 505-90 “Signage regulations for mixed use CRA form based zoning districts” is hereby amended to read as follows: Sec. 505-90. Signage regulations for the mixed-use CRA form-based zoning districts (CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, NBHD-MU). (B) Sign types allowed. For each district and street type, the following types of signs are permitted: ✓ = permitted C = conditionally permitted (i.e. only for certain uses, locations or other qualifications pursuant to the regulations referenced in the left-hand column). X = not permitted Sign Type CC District SFED-MU, EDBB-MU GTWY-MU, GTWY- MU-II Districts NBHD- MU District Street frontage to which sign is oriented Primary Streets Secondary Streets Primary Streets Secondary Streets All streets Permanent signs Awning, canopy ✓ ✓ ✓ ✓ ✓ Directional ✓ ✓ ✓ ✓ ✓ Directory ✓ ✓ ✓ ✓ ✓ Gallery edge ✓ ✓ ✓ ✓ ✓ Incidental information ✓ ✓ ✓ ✓ ✓ Marquee [see subsection 505-130(D)] C C C X X Menu, drive-thru Permitted if not oriented toward, or screened from, any street Menu, other ✓ ✓ ✓ ✓ ✓ Monument [see subsection 505-90(O)] C X C X X Private wayfinding [see subsection 505-90(K)] Permitted, but shall not be oriented to any street X Plaque ✓ ✓ ✓ ✓ ✓ Projecting [see subsection 505-90(S)] C C C X X Under-canopy ✓ ✓ ✓ ✓ ✓   Page 40 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Window ✓ ✓ ✓ ✓ ✓ Wall ✓ ✓ ✓ ✓ ✓ Portable signs Sandwich signs ✓ ✓ ✓ ✓ ✓ Umbrella signage ✓ ✓ ✓ ✓ ✓ Menu signs ✓ ✓ ✓ ✓ ✓ Temporary signs Per section 505-160 ✓ ✓ ✓ ✓ ✓ (C) Cumulative sign area allowance. Every establishment is subject to a maximum cumulative sign area for all building signs. This sign area can be increased, as indicated below, by participating in the signage incentive program set forth in section 505-210. Cumulative square footage of building signage* per linear foot of occupant street frontage (per frontage) CC District SFED-MU, EDBB-MU GTWY- MU, GTWY-MU-II Districts NBHD-MU District All streets Primary Streets Secondary Streets All streets 1.5 without bonus 1.5 without bonus 1.20 without bonus 1.20 without bonus 2.5 with bonus 2.5 with bonus 1.7 with bonus 1.7 with bonus Section 505-210 “Community Redevelopment Area design incentives” is hereby amended to read as follows: Sec. 505-210. Community redevelopment area design incentives. (D) Incentives that apply exclusively to nonresidential and mixed-use development within the CRA mixed-use zoning districts. (1) The following types of signs are permitted only as an incentive for producing signage consistent with this section. (a) Monument signs and private wayfinding signs on parcels that satisfy the requirements of subsection 505-90(D). (b) Projecting signs above the ground story. (c) Signage on the incline surface of awnings. (d) Marquee signs. (2) Bonus building sign area.   Page 41 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. (a) Bonus of one (1.0) square foot of building signage per linear foot of building frontage on all streets in the CC District, and primary streets in the SFED- MU, EDBB-MU and GTWY-MU, GTWY-MU-II districts. (b) Bonus of one-half (.50) square foot of building signage per linear foot of building frontage on all other frontages in the SFED-MU, EDBB-MU and GTWY-MU districts, GTWY-MU-II, and in the NBHD-MU District. (c) The bonus building sign area may be used for: 1. Increasing the allowable wall or gallery edge signage area (or combination thereof) by up to twenty-five (25) percent. 2. Projecting signs above the second story. 3. Awning signage on the incline surface. 4. Marquee signs. 5. Doubling the allowable window signage area. (d) In addition to the sign area bonuses, the city may allow flexibility as to the maximum number of colors and other design standards in section 505-40, subject to design review using the site plan approval process. Section 15. That Chapter 28 entitled the “Land Development Code”; at Part 7, “Code Administration”, Article 700, Section 725-30 “Terms defined” is hereby amended to read as follows: Sec. 725-30. Terms defined. District, CRA form-based. Any of the zoning districts of part 3, subpart 1 of this code. The following are CRA form-based districts: CC, SFED-MU, EDBB-MU, GTWY-MU, GTWY-MU-II, and NBHD-MU mixed-use districts, and the NBHD-RES residential district. District, mixed-use. A zoning district that permits both commercial and residential principal uses in the same building or on the same lot within separate buildings. The following are mixed-use zoning districts: RO, CC, EDBB-MU, SFED-MU, GTWY-MU, GTWY-MU-II, NBHD-MU. Section 16. 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.   Page 42 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. Section 17. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed Section 18. 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 19. That this Ordinance shall be effective 10 days after passage on second reading. PASSED on first reading on __________________. 2025. PASSED AND ADOPTED on second reading on _____________. 2025. First Reading: Motion by: _________________________________ Second by: _________________________________ Second Reading: Motion by: _________________________________ Second by: _________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ___ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST:   Page 43 of 43 Additions to existing text are shown in underline. Deletions to existing text are shown in strikethrough. ____ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY SIGNATURE PAGE TO FOLLOW Product(s): Sun Sentinel, Affidavit, Floridapublicnotices.com, Classified.ss.com_Legal AdSize(s):2 Column Run Date(s):Tuesday, March 4, 2025 Zone:Full Run Color Spec.B/W Preview Order ID:7777486 Page 2 of 3 2/28/2025 11:47:06 AMPrinted: GROSS PRICE * :$396.80 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: Order ID:7777486 Page 3 of 3 2/28/2025 11:47:06 AMPrinted: GROSS PRICE * :$396.80 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: