ORDINANCE NO. 2016-004

CITY OF DANIA BEACH

Agenda Request Item

Type of Request:

(Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading)

Award Bid /RFP, Presentation, Public Hearing)

Continued from:

Requested Action        (Identify appropriate Action or Motion)

     AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, THE “LAND DEVELOPMENT CODE”, OF THE CITY’S CODE OF ORDINANCES BY AMENDING ARTICLE 100, “GENERAL USE REGULATIONS,” TO RENAME THE COMMUNITY REDEVELOPMENT AREA MARINE ZONING DISTRICT; AMENDING ARTICLE 105, “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS,” CONCERNING TWO-FAMILY DWELLINGS; AMENDING ARTICLE 110, “USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS,” CONCERNING CERTAIN PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES AND USE REQUIREMENTS; AMENDING ARTICLE 115, “INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE,” TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING ARTICLE 265, “OFF-STREET PARKING REQUIREMENTS,” CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING FIGURE 303-10 TO REVISE THE BOUNDARY OF THE CITY CENTER; RENAMING SUBPART 2 OF PART 3 FROM “HOTEL OVERLAY DISTRICT” TO “OVERLAY DISTRICTS”; CREATING ARTICLE 317, “MARINE OVERLAY DISTRICT” AND PROVIDING FOR A PURPOSE, APPLICABILITY, ON-SITE PARKING REQUIREMENTS, AND SIGNAGE REQUIREMENTS; DELETING THE HEADER SUBPART 3 OF PART 3, “DESIGN DISTRICT OVERLAY”; RENAMING SUBPART 4 OF PART 3 FROM “PORT EVERGLADES DEVELOPMENT DISTRICT (PEDD)” TO “SUBPART 3. - OTHER SPECIAL DISTRICTS”; AMENDING ARTICLE 675, “TEMPORARY USE AND SPECIAL EVENT PERMITS,” PROVIDING FOR RECURRING TEMPORARY EVENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

Description of Action

WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and

WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach Comprehensive Plan provides that the City of Dania Beach will maintain land development regulations and zoning regulations to implement the City’s Comprehensive Plan; and

WHEREAS, the City Commission of the City of Dania Beach (“City Commission”) finds it periodically necessary to amend its Code of Ordinances and Land Development Code (“Code”) in order to update regulations and procedures to implement municipal goals and objectives; and

WHEREAS, City staff recommends approval of the proposed changes; and

WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, has reviewed this Ordinance, and has determined that it is consistent with the City’s Comprehensive Plan; and

WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the public hearings; and

WHEREAS, two (2) public hearings were held before the City Commission pursuant to the published notice described above; and

WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City’s Comprehensive Plan.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA^[1]:

Section 1.        That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance.

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[1] Additions to the text are shown in underline.  Deletions to the text are shown in strikethrough.