115 S. Andrews Ave, Rm. 329 Fort Lauderdale, FL 33301 954-357-6617
BOARD PACKAGE
FOR
APRIL 16, 2014
Alverine Brihm Tanya Freeman Deloris Jackson Eligha Lewis III Robert Miller Julia Porter Theotis Pressley Rev. Jesse Scipio
MEETING DATE April 16, 2014
MEETING TIME 6:00 P.M.
Roosevelt Gardens Park Community Center MEETING LOCATION 2841 N.W. 11th Street
Fort Lauderdale, FL 33311
AGENDA
Call to Order by Chair
Roll Call
1. Approval of Minutes of November 20, 2014 Meeting.
2. Election of CCCAB Chair and Vice Chair for 2014.
3. Presentation of the Central County Community Economic Development Strategy a. Land Use and Zoning – Henry Sniezek, Director of Planning and Redevelopment b. NW 27th Avenue Street Improvement – Richard Tornese, Director of Highway
Construction and Engineering c. Economic Development Strategy – Sandy-Michael McDonald, Director of
Economic and Small Business Development
4. Proposed Code Revisions - Donation Bins Location
5. Advisory Board Communication Policy
Discussion on Non Agenda Related Items
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Environmental Protection and Growth Management Department PLANNING AND REDEVELOPMENT DIVISION 115 S. Andrews Avenue, Room 329K • Fort Lauderdale, Florida 33301 • 954-357-6634 • FAX 954-357-8655
SUMMARY OF MINUTES
CENTRAL COUNTY COMMUNITY ADVISORY BOARD MEETING WEDNESDAY, November 20, 2013 - 6:00PM
ROOSEVELT GARDENS PARK 2841 NW 11th Street
Ft. Lauderdale, FL 33311
Board Members Present: Ms. Alverine Brihm, Vice Chair Mr. Theotis Pressley, Advisory Board Member Reverend Jesse Scipio, Advisory Board Member Ms. Tanya Freeman, Advisory Board Member (arrived 6:09PM) Mr. Eligha Lewis III, Advisory Board Member Board Members Excused or Absent: Ms. Deloris Jackson, Chair Ms. Julia Porter, Advisory Board Member County Staff: Commissioner Dale V. Holness, Broward County Commission Mr. Henry Sniezek, Broward County Planning and Redevelopment Division Mr. Sheldon Riles, Broward County Planning and Redevelopment Division Mr. Michael Huneke, Broward County Planning and Redevelopment Division Mr. Albert E. Cummings, Broward County Planning and Redevelopment Division Ms. Maribel Feliciano, Broward County Planning and Redevelopment Division Mr. John E. Naclerio III, Office of the County Attorney Ms. Heather Cunniff, Broward County Planning and Redevelopment Division Mr. Gerald Henry, Broward County Planning and Redevelopment Division Mr. Jeff Day, Broward County Planning and Redevelopment Division Mr. Sandy-Michael E. McDonald, Office of Economic and Small Business Development Guests: Ms. Sallie Tillman-Watson Lt. Richard Pisanti, BSO Ms. T. Edwards, Franklin Park Mr. Bob Miller Mr. Jamel Walker The Chair called the meeting to order at 6:07PM and the roll call was given by Mr. Albert Cummings, meeting recorder. The Chair opened the meeting requesting each speaker be recognized by the Chair before commenting or asking a question and asked that the agenda be followed.
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Approval of Minutes of October 16, 2013 Meeting The Chair asked for a review of the CCCAB meeting minutes held on October 16, 2013. A motion was made and seconded to approve the minutes as recorded. The minutes were unanimously approved. Mr. Eligha Lewis, III thanked everyone for their kind support during his hour of loss. Discussion on Comprehensive Plan for Central County Mr. Michael Huneke gave a general overview of the state required comprehensive plan for the County and also how the comprehensive plan relates to the CRA plan for Central County, followed by questions and answers. Mr. Lewis expressed a desire for an outside consultant to work on eradicating blighted areas within the community and emphasized that more money is needed to make the desired improvements in Central County. Mr. Henry Sniezek informed the Advisory Board that over the last 10 years the County has spent several million dollars’ worth of improvements in Central County. Mr. Sheldon Riles pointed out that 16 new homes have been built in Central County Community and they are all expected to be sold and occupied by early next year. Mr. Sniezek mentioned that staff is targeting January as the month to present the proposed economic development strategy to the Advisory Board. Ms. Sallie Tillman-Watson suggested money be placed in a CRA for Central County as they are in some cities for the purpose of a Redevelopment Plan. Mr. Sandy-Michael McDonald spoke on the big picture of an economic development strategy for Central County pointing out many redevelopment factors and stated this is expected to be brought before the Advisory Board in January. Update on Code Enforcement Activities Mr. Huneke gave a brief presentation on Code Enforcement areas of priority using maps created for the illustration. Lieutenant Pisanti explained the color codes on the maps and reported on the ongoing progress in Central County Community made by BSO. Ms. Tillman-Watson asked if the new renting program has begun. Mr. Gerald Henry answered that it has and gave a brief explanation of the process by which this program works. Discussion of Non-Agenda Related Items The Chair raised the question as to whether or not hold a CCCAB meeting in December. A motion to cancel the December 2013 CCCAB meeting was made and seconded. The motion was unanimously approved. The next meeting will be held on January 15, 2014. Mr. Sniezek suggested this is a good time to mention those items the Advisory Board wishes to see on the next meeting’s agenda beginning with the proposed economic development strategy discussed earlier. Reverend Jesse Scipio suggested that traffic and speed bumps are agenda items at a future meeting. Ms. Tillman-Watson suggested that street lighting be included as a future agenda item. Mr. Sniezek announced the verbal resignation of Chairperson Deloris Jackson. ADJOURN The Chair made a motion to adjourn. The motion was seconded and unanimously accepted. The meeting was adjourned at 8:10PM.
NW 27th AvenueSafe Streets Project
From Broward Blvd to Sunrise BlvdTargeted Redevelopment Focus Areas
Cemetery
Africa n America n Resea rch Libra ry
Urba n Lea gue
Fra n klin Pa rk Esta tes
BSO PublicSa fety Comp lex
"North Fork-New River"
W Sun rise Blvd
W Sistrun k Blvd
W Brow a rd Blvd
NW 27 Ave
Delevoe Pa rk
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Copyright:© 2014 Esri, DeLorme, HERE, TomTom
• IMPROVES MOBILITY WHILE PROVIDING SAFETY FOR ALL MODES OF TRANSPORTATION.• PROVIDES ACCESSIBILITY TO NEIGHBORHOOD DISCOURAGING THROUGH TRAFFIC.• SLOWS VEHICLE SPEED, PROVIDES SAFE CROSSINGS, AND DETERS CRIMINAL ACTIVITY IN THE AREA. • PROMOTES ECONOMIC DEVELOPMENT THROUGH INFRASTRUCTURE INVESTMENT.
Proposed Streetscape View
Redevelop men t Focus Area s
Ma p Notes:1. Neighborhood tra ffic ca lmin g devices un der review2. Poten tia l Pha se 2: Imp rovemen ts for in tersection of Sistrun k Blvd a n d NW 27th Ave
Area w est of NW 27th Ave from NW 7th St to New River:Target area where demand for commercial is low and limited by property size,suggesting a better use may be lower density residential redevelopment. Combiningthe commercial properties with adjacent vacant residential properties increasesredevelopment potential. Currently, this area is zoned B-3 Intense CommercialBusiness adjacent to NW 27th Avenue, and RS-6 One-Family Detached Residentialfor properties not adjacent to NW 27th Avenue.Fra n klin Pa rk Esta tesProperty is owned by Broward County, future site for residentialdevelopment. Currently, this area is zoned RS-5 One-Family DetachedResidential.
Area ea st of NW 27th Ave from Sistrun k Blvd to NW 8th St:Target area with good location and potential for furtherindustrial/commercial growth leading to business incubation, innovationand employment opportunities. Currently, this area is zoned C-1Commercial Warehouse and M-1 Limited Manufacturing and Industrial.
Area w est of NW 27th Ave, ea st of NW 27th Terr, from NW 1st St to NW 4th St:Target area with high potential for mixed-use redevelopment projects. Currently,this area is zoned B-3 Intense Commercial Business adjacent to NW 27thAvenue and RS-5 One-Family Detached Residential and RD-10Duplex/Attached One-Family Residential adjacent to NW 27th Terrace.
Area ea st of NW 27th Ave from NW 4th St to NW 4th Ct:Target area with good location and potential for further industrial growthleading to business incubation, innovation and employment opportunities.Currently, this area is zoned M-2 General Manufacturing and Industrial.
Area n orth of Brow a rd Blvd from NW 27th Ave to NW 31st Ave:Target area where commercial redevelopment is limited by property size,thus suggesting lot consolidation and selective voluntary demolitionwould lead to greater redevelopment potential. Currently, this area iszoned B-2 General Commercial Business.
Prop osed Media n s_̂ BSO a n d Crime Rela ted Code En forcemen t Hot Sp ots
0 500 1,000250 Feet
.# 12614 jaceved 04/07/14
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EXHIBIT 2
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ORDINANCE NO. 2014 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY ZONING CODE; AMENDING VARIOUS SECTIONS OF CHAPTER 39 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), TO DEFINE AND PROVIDE FOR THE PLACEMENT AND REGULATION OF DONATION BINS AND CLOTHING DONATION BINS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Mayor Barbara Sharief)
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. Chapter 39 of the Broward County Code of Ordinances, "Zoning,"
Article II, "Definitions," Section 39-4, is hereby amended to read as follows:
Sec. 39-4. Terms defined.
. . .
Change of Ooccupancy: The term "change of occupancy" shall mean a
discontinuance of an existing use and the substitution therefor of a use of a different
kind or class. Change of occupancy is not intended to include a change of tenants or
proprietors unless accompanied by a change in the type of use.
Charitable organization: An organization determined by the Federal Internal
Revenue Service to be a tax-exempt organization, pursuant to Subsection 501(c)(3) of
the Internal Revenue Code, that is established for any benevolent, philanthropic,
humane, social welfare, public health, or other eleemosynary purpose.
. . .
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Civic Center: A building or complex of buildings that house governmental offices
and services, which may include cultural, recreational, athletic, convention, and
entertainment facilities, owned or operated by a governmental agency.
Clothing donation bin: A receptacle or container made of metal or other
fire-resistant material designed or intended for the collection and temporary storage of
donated clothing.
. . .
Division: The Permitting, Licensing and Consumer Protection Planning and
Redevelopment Division, or successor agency.
Donation bin: A receptacle or container designed or intended for the collection
and temporary storage of donated items other than clothing.
. . .
Section 2. Article IX, "General Provisions," of Chapter 39 of the Broward
County Code of Ordinances, is hereby amended to add Section 39-110 to read as
follows:
Sec. 39-110. Donation bins.
(a) It shall be unlawful to deposit, store, keep, or maintain or to permit to be
deposited, stored, kept, or maintained, a donation bin in or on any lot, parcel, or tract of
land or body of water in any zoning district. Clothing donation bins shall be permitted
only in those zoning districts indicated in Sections 39-295, 39-313, and 39-368 of this
chapter, subject to compliance with the requirements of this section. The conditions
listed in this chapter for clothing donation bins shall not be subject to waiver by the
hearing officer or Board of County Commissioners.
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(b) Clothing donation bins shall be owned and operated only by charitable
organizations. The clothing donated shall be provided to others as part of a bona fide
charitable endeavor, and any proceeds from collected donations must be used by the
charitable organization for its charitable purposes.
(c) Clothing donation bin structure.
(1) Clothing donation bins shall be of the type that are enclosed by use of a
one-way receiving door so that the contents of the bins may not be
accessed by anyone other than those responsible for the retrieval of the
contents.
(2) No clothing donation bin shall cover a ground surface area in excess of
five (5) feet by five (5) feet and nor shall it exceed six (6) feet in height.
(3) Clothing donation bins shall have wheels affixed to the bottom or
otherwise be readily transportable.
(d) Permits. Prior to the placement of a clothing donation bin on any property,
an application for a permit shall be filed with the Planning and Redevelopment Division.
The application for a permit shall include:
(1) An affidavit attesting to the following:
a. The precise location where the clothing donation bin will be located,
including a description of the business or enterprise being
conducted on or at the property, as indicated on the business
license for the principal business on the property;
b. The manner in which the applicant anticipates any clothing
collected via the clothing donation bin will be used, sold, or
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dispensed, and the method by which the proceeds of collected
donations will be allocated or spent;
c. The name and telephone number of the bona fide office of the
charitable organization that owns or has custody of the clothing
donation bin, the name of the person authorized by said
organization to assure compliance with this ordinance, and the
phone number, physical address, and e-mail address where such
person can be reached during normal business hours. For
purposes of this section, an answering machine or service
unrelated to the person or entity does not constitute a bona fide
office;
d. The name(s) and phone number(s) of the person(s) responsible for
placing, emptying, and removing the clothing donation bin; and
e. That the charitable organization shall report to the Planning and
Redevelopment Division any change of entity or entities that may
share or profit from any clothing collected from the clothing
donation bin no later than thirty (30) days after the date of any
changes and acknowledgment that failure to do so may result in the
revocation of the permit, pursuant to the provisions of Subsection
39-110(h).
(2) Written consent from the property owner to place the clothing donation bin
at or on the property, and whether any other clothing donation bins are
currently at or on the property. The property owner's written consent shall
acknowledge that the County shall hold both the property owner and the
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charitable organization liable for violation(s) of this chapter and that failure
of the charitable organization to comply with this provisions of this chapter
shall not be a defense by the property owner should a violation be found
to exist.
(3) The articles of incorporation of the charitable organization, the names of
the officers and the registered agent of the charitable organization, and
the name, phone number, e-mail address, and physical address of the
responsible person to be contacted with respect to compliance with this
chapter.
(4) The annual permit fee, as set by resolution of the Board of County
Commissioners.
Permit renewal applications shall include an affidavit certifying that all information and
statements in the current application continue to be true and accurate or a description of
any facts which would make any information or statement in the current application no
longer true or accurate and which must, therefore, be modified for the renewal permit.
An annual permit fee shall be paid for renewal of each permit for a clothing donation bin
issued under the provisions of this chapter.
(e) Placement. In addition to the requirements of Sections 39-295, 39-308,
and 363 of this chapter, the following criteria shall be applied in determining if a clothing
donation bin is placed in conformity with this chapter.
(1) Clothing donation bins shall be placed wholly on improved property.
(2) Clothing donation bins shall not be placed within one hundred (100) yards
of any place that stores or sells fuel or other flammable liquids or gases.
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(3) Clothing donation bins shall be located no closer than twenty (20) feet to
any property line.
(4) Clothing donation bins shall not be placed in a location that interferes with
vehicular or pedestrian circulation.
(5) Clothing donation bins shall be secured or removed in such a manner as
to minimize the danger of such bins causing damage to persons or
property in the event of high winds or severe weather conditions.
(6) No clothing donation bin shall be permitted within one hundred (100) feet
of a residentially-zoned district or closer than fifty (50) feet from any street.
(f) Display requirements. The following information shall be clearly and
conspicuously displayed on the exterior of all clothing donation bins:
(1) The permit number and its date of expiration, including a statement that a
copy of the permit application is on file with the Planning and
Redevelopment Division;
(2) The name and address of the charitable organization that owns the bin
and received a permit for its placement, and any other entity which may
share or profit from any clothing collected via the bin; and
(3) The telephone number of the charitable organization's bona fide office
and, if applicable, the telephone number of any other entity which shares
or profits from any clothing collected via the bin. For purposes of this
subsection, an answering machine or service unrelated to the charitable
organization does not constitute a bona fide office.
(g) Maintenance requirements.
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(1) The contents of the clothing donation bin shall be clothing only and shall
be regularly emptied at least every two (2) weeks and shall not be
permitted to overflow to the point where the contents are visible from the
outside. The ground area immediately adjacent to the clothing donation
bin (within three (3) feet of the clothing donation bin on all sides) shall be
kept free of donated clothing and debris.
(2) With the exception of the information required in Subsection 39-110(f) to
be displayed on the exterior of the clothing donation bin, the clothing
donation bin shall be kept free of signs, advertising, graffiti, and other
markings, and shall be maintained in a structurally sound, clean, and
sanitary condition.
(3) It shall be the responsibility of the owner of the property upon which the
clothing donation bin is located and the charitable organization which
obtains the permit to remove or properly secure the clothing donation bin
in the event of any of the following National Weather Service Advisories,
Watches, and Warnings for Broward County: Wind Advisory, Severe
Thunderstorm Watch, High Wind Watch, Tornado Watch, High Wind
Warning, Severe Thunderstorm Warning, Tornado Warning, Tropical
Storm Warning, Hurricane Watch, and Hurricane Warning. If such action
is not taken, Broward County reserves the right to remove the clothing
donation bin and revoke the permit pursuant to the provisions of
Subsection 39-110(h).
(h) Enforcement. Where it is found that any of the provisions of this section
have been violated, enforcement proceedings may be initiated against the property
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owner and the charitable organization issued a clothing donation bin permit. Any
enforcement procedure authorized by the Broward County Code of Ordinances or State
law may be used to enforce the provisions of this section. Prior to the revocation of a
permit, the zoning official shall notify the property owner and charitable organization
issued the permit of the zoning official's intent to revoke the permit, including the
reason(s) therefor. All written notifications of the zoning official's intent to revoke a
clothing donation bin permit shall be in accordance with the notice provisions in Section
162.12, Florida Statutes, and shall state the following:
THE HOLDER OF THE CLOTHING DONATION BIN PERMIT SHALL HAVE
TEN (10) DAYS FROM THE DATE OF THIS NOTIFICATION TO REQUEST A
HEARING, IN WRITING, BEFORE THE BROWARD COUNTY HEARING
OFFICER. IF NO WRITTEN REQUEST FOR A HEARING IS RECEIVED BY
THE ZONING OFFICIAL WITHIN TEN (10) DAYS AFTER THE DATE OF THIS
NOTIFICATION, THE CLOTHING DONATION BIN PERMIT SHALL BE
CONSIDERED REVOKED.
Section 3. Article XVII, "Commercial Districts," of Chapter 39 of the Broward
County Code of Ordinances, is hereby amended to read as follows:
. . .
Sec. 39-295. Permitted uses.
Permitted principal uses in all business districts shall be limited to those uses
specified in the Master Business List. Any use not specifically listed herein, but which is
commercial in nature, shall be determined by the zoning official to be permitted in the
zoning district specifying the most similar use thereto. All permitted uses shall be
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subject to Section 39-300, "Limitations of uses." Specific subsection references are
included in the following Master Business List:
Master Business List
P = Permitted C = Conditional A = Accessory use only
Use B-1 B-2 B-3 B-4 C-1 CR OP
Accessory dwellings [see Subsection
39-300(a)]
A A A A A
. . .
Amusement center (video arcade, games)
[see Subsection 39-300(c)]
P P A
Amusement park [see Subsection 39-300(b)] P
. . .
Automobile, truck, and recreational vehicle
accessories; sales and installation [see
Subsection 39-300(d)]
P P P P
. . .
Automobile repair garage (mechanical) [see
Subsection 39-300(e)]
P P
Automobile paint and/or body shop [see
Subsection 39-300(e)]
P
. . .
Billiard center or pool hall [see Subsection
39-300(c)]
P P A
. . .
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Boarding or breeding kennel [see Subsection
39-300(f)]
P P
Boat building, repair, and dry storage [see
Subsection 39-300(g)]
P
. . .
Bus terminal [see Subsection 39-300(h)] P P P P
Cabinet or carpenter shop [see Subsection
39-300(i)]
P
. . .
Child care center, pre-school, or adult day
care [see Subsection 39-300(j)]
P P P P A
Clothing donation bin [see Subsection
39-300(k)]
P P P
. . .
Commercial vehicle storage yard
(nonaccessory) [see Subsection 39-
300(k)(l)]
P
Contractor's shops [see Subsection
39-300(l)(m)]
P
Convenience store [see Subsection
39-300(p)(q)]
P P P P P
. . .
Employment agency, day labor [see
Subsection 39-300(m)(n)]
P P
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Equipment sales and rental (construction,
industrial, agricultural) [see Subsection
39-300(n)(o)]
P
. . .
Funeral home, mortuary [see Subsection
39-300(o)(p)]
P P P
. . .
Gasoline station [see Subsection
39-300(p)(q)]
P P P P
. . .
Golf driving range [see Subsection
39-300(b)]
P P
. . .
Holiday wayside stand ([see sSection 39-
239)]
C C C C
. . .
Marina [see Subsection 39-300(q)(r)] P P P
Mobile collection center [see Subsection
39-300(r)(s)]
P P P
Mobile food unit [see Subsection 39-
300(s)(t)]
C C C C C
. . .
Outdoor event ([see sSection 39-238)] C C C C C
. . .
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Pain Management Clinic [see sSection 39-
243]
C
Parts store, vehicles or boats [see
Subsection 39-300(t)(u)]
P P P P
Pawnshop [see Subsection 39-300(u)(v)] P P
. . .
Racetrack [see Subsection 39-300(b)] P
. . .
Recreational vehicle park, campground [see
Subsection 39-300(w)(x)]
P
. . .
Restaurant, fast food [see Subsection
39-300(x)(y)]
P P P P A A
. . .
School, trade or vocational [see Subsection
39-300(aa)(bb)]
P P
. . .
Skateboard facility [see Subsections
39-300(b) and (y)(z)]
P P P
Skating rink [see Subsections 39-300(b) and
(y)(z)]
P P P
. . .
Sports courts (tennis, batting cages, etc.)
[see Subsection 39-300(b)]
P
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Stadium [see Subsection 39-300(b)] P
. . .
Swimming pool supplies [see Subsection
39-300(z)(aa)]
P P P P
. . .
Target range [see Subsection 39-300(b)] P
. . .
Veterinary hospital [see Subsection
39-300(bb)(cc)]
P P P
. . .
Warehouse, self-storage [see Subsection
39-300(cc)(dd)]
P P
. . .
Water parks, commercial (water slides, pools,
etc.) [see Subsection 39-300(b)]
P
. . .
Wireless communication facilities [see
sSection 39-102]
P P P P P P P
. . .
Sec. 39-300. Limitations of uses.
. . .
(k) Clothing donation bin. Clothing donation bins shall be permitted only in
compliance with the provisions of this chapter, including the following requirements:
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(1) The charitable organization operating the clothing donation bin has
obtained a valid permit from Broward County;
(2) One (1) clothing donation bin shall be permitted on the property of a retail
or professional building of at least thirty thousand (30,000) square feet in
interior space, none of which is part of a shopping center;
(3) One (1) clothing donation bin shall be permitted for each thirty thousand
(30,000) square feet of building size on property of a shopping center of at
least thirty thousand (30,000) square feet in interior building size; and
(4) All other conditions of this chapter for clothing donation bins are satisfied
and there is continuing compliance with the provisions of this chapter.
(k) (l) Commercial vehicle storage yards. Commercial vehicle storage yards
shall not include storage of heavy equipment, including, but not limited to, backhoes,
bobcats, cranes, tractors, or other such equipment which is not intended as a means of
transportation on public streets. Commercial vehicle storage yards shall not be located
within fifty (50) feet of any residentially-zoned plot district.
(l) (m) Contractor shops. Contractor shops shall be limited to office and
warehouse storage and accessory equipment. Any storage of building materials shall
be inside a building. Contractor shops shall not be located within two hundred (200)
feet of any residentially-zoned district.
(m) (n) Day labor employment agencies. All clients awaiting employment or
transportation to a job-site must be accommodated inside the building.
(n) (o) Equipment sales. Heavy equipment sales and rental facilities shall be
located at least three hundred (300) feet from any residentially-zoned district.
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(o) (p) Funeral homes and mortuaries. A funeral home or mortuary may have a
crematory as an accessory use thereto, provided the crematory is within the principal
building.
(p) (q) Gasoline stations.
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(q) (r) Marinas. Marinas desiring to provide for live-aboard boats shall be
required to request allocation of reserve units, if available. Such use shall also
demonstrate conformity with all applicable federal, state, or local codes relating to
sewage pump facilities or other equivalent facilities.
(r) (s) Mobile collection centers.
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(s) (t) Mobile food units.
. . .
(t) (u) Parts stores, retail. All storage and display of parts shall be inside a
building. No vehicle parts salvage operations shall be permitted.
(u) (v) Pawnshops. Pawnshops shall not be permitted on any plot which is
contiguous to a residentially-zoned district or which is separated from a
residentially-zoned district only by a street, alley, canal, or railroad right-of-way.
(v) (w) Recreational vehicle parks.
. . .
(w) (x) Restaurants, fast food. Outside play areas for children provided at fast
food restaurants shall be in walled-in or fenced-in areas only. The wall or fence design
must be compatible in design, materials, and color with the main structure. Between
any such area and adjoining sidewalks, parking spaces, or other vehicular use areas, a
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landscape strip of no less than five (5) feet shall be provided containing trees and tall
shrubs of three (3) feet minimum height. Play equipment shall be limited to a maximum
height of ten (10) feet or the height of the fascia, whichever is lower. There shall be no
access to or from the play area except through the interior of the restaurant.
(x) (y) Skateboard facilities and skating rinks. Only indoor skateboard facilities
and skating rinks shall be permitted in B-2 and B-3 zoning districts.
(y) (z) Swimming pool supplies. Except for bulk quantities of sodium
hypochlorite, all swimming pool chemicals, including pre-packaged chemicals, shall be
dispensed strictly through retail sales and shall be stored within a completely enclosed
structure.
(z) (aa) Trade or vocational schools. Trade or vocational schools involving vehicle
or equipment repair instruction shall be on a plot which is at least three hundred (300)
feet from any residentially-zoned district.
(aa) (bb) Veterinary hospital. Veterinary hospitals shall not be permitted on any plot
which is contiguous to a residentially-zoned district or which is separated from a
residentially-zoned district only by a street, alley, or canal.
(bb) (cc) Warehouses, self-storage.
. . .
Section 4. Article XVIII, "Industrial Districts," of Chapter 39 of the Broward
County Code of Ordinances, is hereby amended to read as follows:
. . .
Sec. 39-308. Permitted uses.
Permitted principal uses in all manufacturing and industrial districts shall be
limited to those uses specified in the Master Business List following. Any use not
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specifically listed herein and not specifically, or by inference, listed shall be determined
by the zoning official to be permitted in the zoning district specifying the most similar
use thereto. All permitted uses shall be subject to Section 39-313, "Limitations of uses."
Specified subsection references in Section 39-313 are included in the Master Business
List.
Master Business List
P = Permitted C = Conditional A = Accessory use only
Use
M-1
M-2
M-3 or
M-4
Accessory dwellings (caretaker or security quarters) [see Subsection
39-313(a)]
A A A
. . .
Automobile repair garage (mechanical, paint, or body repairs) [see
Subsection 39-313(b)]
P P P
. . .
Automobile, truck, and recreational vehicle salvage or wrecking yards
[see Subsection 39-313(c)]
P
. . .
Boarding or breeding kennel [see Subsection 39-313(d)] P P
. . .
Chemical and acid manufacturing or storage and distribution P
Clothing donation bin [see Subsection 39-313(e)] P P P
. . .
Equipment rental and sales, commercial and contractor's contractors' P P
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[see Subsection 39-313(e)(f)]
. . .
Fireworks, explosives, firearms, and ammunition manufacturing,
storage, and distribution [see Subsection 39-313(f)(g)]
P
. . .
Medical waste incineration or sterilization [see Subsection
39-313(g)(h)]
P
. . .
Mobile collection center [see Subsection 39-313(h)(i)] P P P
Mobile food unit [see Subsection 39-313(i)(j)] C C C
. . .
Offices and showrooms [see Subsection 39-313(j)(k)] A A A
Outdoor events ([see sSection 39-238)] C C C
. . .
Parts store, vehicles or boats [see Subsection 39-313(k)(l)] P P P
Penal institutions [see Subsection 39-313(l)(m)] P
. . .
Quarry [see Subsection 39-313(m)(n)] P
. . .
Recycling facility [see Subsection 39-313(n)(o)] P
. . .
Restaurant, fast food [see Subsection 39-313(o)(p)] A A A
Restaurant, take-out [see Subsection 39-313(o)(p)] A A A
Sanitation companies and waste haulers [see Subsection P
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39-313(p)(q)]
School, trade or vocational [see Subsection 39-313(r)(s)] P P P
. . .
Swimming pool chemicals [see Subsection 39-313(q)(r)] P P
. . .
Veterinary hospital [see Subsection 39-313(s)(t)] P P
Warehouse, self-storage [see section 39-313(t)] P P P
Warehouse, distribution P P P
Warehouse, self-storage [see Subsection 39-313(u)] P P P
. . .
Wireless communication facilities [see sSection 39-102] P P P
* Permitted in M-4 Heavy Industrial District only.
. . .
Sec. 39-313. Limitations of uses.
. . .
(e) Clothing donation bins. Clothing donation bins shall be permitted only in
compliance with the provisions of this chapter, including the following requirements:
(1) The charitable organization operating the clothing donation bin has
obtained a valid permit from Broward County;
(2) One (1) clothing donation bin shall be permitted on a single plot;
(3) There shall be a one thousand (1,000) foot separation between clothing
donation bins. Such separation shall be measured by following a straight
line between the point of each clothing donation bin closest to the other
clothing donation bin; and
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(4) All other conditions of this chapter for clothing donation bins are satisfied
and there is continuing compliance with the provisions of this chapter.
(f) Equipment rental and sales, commercial and contractors'. Any plot upon
which an equipment rental business is located, which requires outside storage or
display of contractor's contractors' equipment or tools, shall be at least three hundred
(300) feet from any residentially-zoned plot district.
(f) (g) Fireworks, explosives, firearms, and ammunition manufacturing, storage,
or distribution. Any plot upon which a facility for the manufacture, storage, or
distribution of fireworks, explosives, firearms, and ammunition is located shall not be
within two thousand (2,000) feet of any residentially-zoned district. The minimum plot
size for any such use shall be five (5) acres.
(g) (h) Medical waste incineration or sterilization. Medical waste incinerators or
sterilization facilities shall not be located within five hundred (500) feet of any
residentially-zoned district.
(h) (i) Mobile collection centers.
. . .
(i) (j) Mobile food units.
. . .
(j) (k) Offices and showrooms. Offices and showrooms shall be permitted only
as an accessory use. Office and showroom space shall not exceed fifty percent (50%)
of the gross floor area of the principal use. All office and showroom space shall be
within the principal building.
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(k) (l) Parts stores, vehicles and boats. All storage and display of parts in M-1
districts shall be inside a building. No vehicle parts salvage operations shall be
permitted except in a salvage or wrecking yard.
(l) (m) Penal institutions. Penal institutions shall not be located within two
thousand five hundred (2,500) feet of any residentially-zoned district.
(m) (n) Quarries. Quarries shall only be permitted in an area designated as
"Mining" on the Future Unincorporated Area Land Use Element Map Series.
(n) (o) Recycling facilities. Recycling facilities, except auto salvage yards, shall
be located at least five hundred (500) feet from any residentially-zoned district and at
least two hundred (200) feet from any business-zoned district. All materials stored,
handled, or repackaged on the premises shall either be in containers or stored within a
building.
(o) (p) Restaurants.
. . .
(p) (q) Sanitation companies. Plots occupied by a sanitation company storing
dumpsters or other waste containers and sanitation vehicles shall not be located closer
than five hundred (500) feet to from any residentially-zoned district. All dumpsters,
waste containers, and sanitation vehicles shall be emptied prior to storage on the plot.
(q) (r) Swimming pool chemicals. All swimming pool chemicals, including
pre-packaged chemicals, except bulk quantities of sodium hypochlorite, shall be
dispensed and stored within a structure or enclosure approved by the Department.
(r) (s) Trade or vocational schools. Trade or vocational schools involving vehicle
or equipment repair instruction shall be on a plot which is at least two hundred (200)
feet from any residentially-zoned district.
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(s) (t) Veterinary hospitals. Veterinary hospitals shall not be permitted on any
plot which is contiguous to a residentially-zoned district or which is separated from a
residentially-zoned district only by a street, alley, or canal.
(t) (u) Warehouses, self-storage.
. . .
Section 5. Article XXII, "Community Facilities Districts," of Chapter 39 of the
Broward County Code of Ordinances, is hereby amended to read as follows:
. . .
Sec. 39-363. Permitted uses.
Permitted uses in all Community Facilities Districts shall be limited to those uses
specified in the Master Use List. In I-1 and CF Districts, all permitted uses shall be
governmentally owned or operated or not-for-profit unless otherwise specified. All uses
shall be subject to sSection 39-368, "Limitations of uses." Specific subsection
references are included in the following Master Use List.
Master Use List
P = Permitted C = Conditional Use A = Accessory Use Only
Use I-1 C-F CF A-3
Accessory dwelling [see sSubsection 39-368(a)] A A
Agriculture, nonresidential (plant nurseries, crops,
other horticultural activities) [see sSubsection
39-368(b)]
A
. . .
Cemeteries [see sSubsection 39-368(c)] P
. . .
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Child care center, pre-school or adult day care,
including commercial facilities [see sSubsection
39-368(d)]
P P
Civic and cultural centers P P
Clothing donation bin [see Subsection 39-368(e)] C
Community residential facilities [see sSubsection
39-368(e)(f)]
P P
. . .
Educational centers [see sSubsection (f) 39-368(g)] P P
. . .
Institutions for the homeless or indigent [see
sSubsection (g) 39-368(h)]
P
Landfills or other solid waste disposal facilities [see
sSubsection (h) 39-368(i)]
P
. . .
Nursing homes [see sSubsection (e) 39-368(f)] P
. . .
Penal institutions [see sSubsection (i) 39-368(j)] P
. . .
Trash transfer stations [see sSubsection (j) 39-368(k)] P P
. . .
Wireless communication facilities [see sSection
39-102] P P P
. . .
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Sec. 39-368. Limitations of uses.
. . .
(e) Clothing donation bins. Clothing donation bins shall be permitted only in
compliance with all of the provisions of this chapter, including the following
requirements:
(1) The charitable organization operating the clothing donation bin has
obtained a valid permit from Broward County;
(2) One (1) clothing bin shall be permitted on the property of a community
facility of at least thirty thousand (30,000) square feet in interior space;
and
(3) All other conditions of this chapter for clothing donation bins are satisfied
and there is continuing compliance with the provisions of this chapter.
(f) Community residential facilities and nursing homes. Density for
community residential facilities and nursing homes shall be calculated as two (2)
bedrooms equals one (1) dwelling unit. The Future Unincorporated Area Land Use
Element shall determine the maximum permissible density for such use. If the
proposed facility is not within an area designated residential by the Future
Unincorporated Area Land Use Element Map series, any such proposed facility will be
subject to availability and allocation of reserve units.
(f) (g) Educational centers. Educational centers may have dormitory facilities as
an accessory use.
(g) (h) Institutions for the homeless or indigent. Institutions for the homeless or
indigent shall either be governmentally owned or operated or shall be owned or
operated by a not-for-profit corporation. Such institutions may include shelters for
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housing, kitchen and dining facilities, rehabilitative, medical emergency, medical and
dental outpatient facilities, counseling, and administrative offices. Such facilities shall
be separated from any residentially-zoned district by a minimum of five hundred (500)
feet.
(h) (i) Landfills or other solid waste disposal facilities.
. . .
(i) (j) Penal institutions. Penal institutions shall not be located within twenty-five
hundred (2,500) feet of another penal institution or school or of any residentially-zoned
district. The minimum plot size for any such facility shall be twenty (20) acres.
(j) (k) Trash transfer stations. Trash transfer stations shall be governmentally
owned or operated or shall be operated on a contractual basis with a local government.
Such facilities shall not be located within five hundred (500) feet of any
residentially-zoned district, except agricultural districts, and shall require a minimum plot
size of ten (10) acres.
. . .
Section 6. SEVERABILITY.
If any portion of this ordinance is determined by any Court to be invalid, the
invalid portion shall be stricken, and such striking shall not affect the validity of the
remainder of this ordinance. If any Court determines that this ordinance, or any portion
hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies),
or circumstance(s), such determination shall not affect the applicability hereof to any
other individual, group, entity, property, or circumstance.
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Section 7. INCLUSION IN CODE.
It is the intention of the Board of County Commissioners that the provisions of
this Ordinance shall become and be made a part of the Broward County Code; and that
the sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions.
Section 8. EFFECTIVE DATE.
This ordinance shall become effective as provided by law.
ENACTED
FILED WITH THE DEPARTMENT OF STATE
EFFECTIVE
Approved as to form and legal sufficiency:
Joni Armstrong Coffey, County Attorney By /s/ Maite Azcoitia 03/26/14 Maite Azcoitia (date)
Deputy County Attorney MA/gmb 03/26/14 Donationbins-o01.doc #14-403
BPtb.~WARD COUNTY
FLORIDA BERTHA W. HENRY, County Administrator 115 S. Andrews Avenue, Room 409 · Fort Lauderdale, Florida 33301 • 954-357-7362 ·FAX 954-357-7360
MEMORANDUM
DATE: March 20, 2014
Broward County A · ~~ Board Coordinators
Bertha Henry, Co ~dministrator
TO:
FROM:
SUBJECT: Advisory Board Ccimmunication Policy
This memorandum addresses the issue of communications between Advisory Boards, the Board of County Commissioners, and other entities. The "Broward County Board's Policies" outlines specific protocols for communicating recommendations for action or consideration by the County Commission. This protocol is outlined below (direct language from the advisory board policy is identified in quotations):
Section A - Issues for Action by the County Commission
• "A majority of the board's members present at the meeting must vote affirmatively to send an issue to the County Commission for consideration, information, or action. " In addition, subcommittees must obtain full advisory board action before sending an issue to the County Commission for consideration.
• "The assigned board coordinator communicates the request of tile advisory board, either through resolution from the advisory board or via a transmittal letter signed by the Cl1air of the advisory board to the Mayor and members of the Browatd County Commission. A copy of the communication should be provided to County Administration, Office of Intergovernmental Affairs and Professional Standards, and Department/Division/Office management as applicable." Advisory board members should refrain from communicating advisory board recommendations, issues for consideration , information or action - directly to the Board of County Commissioners or County Administration - prior to an advisory board vote on such matters.
• "The Board of County Commissioners may choose to take action, and if action is taken, the advisory board will be informed, usually throug/1 a letter from the Mayor or County Administrator to the Chair of the advisory board, indicating the action taken. "
This process applies to the majority of our existing advisory boards with the exception of boards with quasijudicial powers. Advisory boards must not take it upon themselves to relay positions to entities outside county government, absent the approval of the Board of County Commissioners. This policy stresses the importance of ensuring communicated requests and recommendations have been discussed and approved by the entire advisory board and not by a single individual.
Should you have any questions, please call the Office of Intergovernmental Affairs and Professional Standards at 954-357-7575.
BH/EGUDAS: cml
C: Roberto Hernandez, Deputy County Administrator Joni Armstrong Coffey, County Attorney Evan Lukic, County Auditor Monica Cepero, Assistant County Administrator Edward G. Labrador, Esq., Director Intergovernmental Affairs and Professional Standards
Broward County Board of County Commissioners Sue GunzbullJer · Dale V.C. Holness · Kristin Jacobs · Martin David Klar • Chip LaMarca · Stacy Ritler · Tun Ryan · Bar bar<~ Shaner · l ois Wexler
www.broward.org
BROWARD COUNTY CODE OF ORDINANCES CHAPTER 1, ARTICLE XII. BOARDS, AUTHORITIES AND AGENCIES GENERALLY
GENERAL REQUIREMENT AND POLICIES
Sec. 1-233. Terms of appointees to Broward County agencies, authorities, boards, committees, commissions,
councils, and task forces; quorum
Removal based on Attendance
1. Board meetings on a quarterly or less frequent basis: Members will be removed after two (2) consecutive unexcused absences or missing two (2) properly noticed meetings in one (1) calendar year.
2. Board meetings more frequently than quarterly: Members will be removed after three (3) consecutive unexcused absences or missing for (4) properly noticed meetings in one (1) calendar year.
Excused Absences Require written notice to the chair of the board prior to the meeting (when practicable). The chair of the board shall determine whether the absence meets the criteria for an excused absence. Members may be excused ONLY for the following reasons:
1. Member performing an authorized alternative activity relating to outside advisory board business that directly conflicts with the properly noticed meeting;
2. Death of an immediate family member (spouse, father, mother, stepparent, in loco parentis, child, or stepchild domiciled in member’s household);
3. Death of member’s domestic partner; 4. Member’s hospitalization; 5. Member summoned for jury duty; or 6. Member is issued a subpoena by a court of competent jurisdiction.
Non-excused absences
1. Out of town business. 2. Doing business or attending a meeting for member’s company. 3. Attending another meeting as an elected official. 4. Car problems.
Requirements of Appointment Any advisory board appointee who fails to meet the requirements of his or her appointment, including residency, if required to live in the district, is automatically disqualified, and his or her appointment shall immediately cease and be deemed vacant. Quorum Rules Once a quorum has been established by members physically present at a meeting, members who are not physically present may attend and participate in such meeting by telephone. Appointees shall notify the board coordinator at least two (2) business days prior to the scheduled meeting date as to whether they will or will not attend the meeting. This will allow the cancellation of a meeting due to a lack of quorum prior to the actual meeting date. If a board member does not confirm to the board coordinator that he or she will be present, at least 2 days prior
to the meeting, he or she will be marked absent where such failure results in the meeting being cancelled for lack of quorum.
If a meeting is scheduled and a sufficient number of members to constitute a quorum CONFIRMED that they will be physically present at the meeting:
Members present will be marked as attending.
Members who telephone in, will be marked as attending.
Members not present will be marked absent.
Members, who did not confirm they were attending and attend, will be marked present. If a meeting is scheduled and a sufficient number of members to have quorum DID NOT CONFIRM that they will be physically present at the meeting, THE MEETING WILL BE CANCELLED PRIOR TO THE MEETING DATE:
Members who intended to telephone in, will be marked absent.
Members, who did not confirm that they were attending, will be marked absent.
Members who confirmed they would be attending will be marked present and it will be noted on the attendance sheet that the meeting was cancelled.
If a meeting is scheduled and sufficient number of members to constitute a quorum CONFIRMED that they will be physically present at the meeting, BUT QUORUM WAS NOT PRESENT AT THE MEETING, THE MEETING WILL BE CANCELLED:
Members present will be marked as attending but it will be noted that the meeting was cancelled.
Members not present will be marked absent.
Members, who telephone in, will be absent.
Members, who did not confirm that they were attending, and attend, will be marked present.
Members who did not confirm that they were attending, and do not attend, will be marked absent. (Ord. No. 79-36, § 1, 6-20-79; Ord. No. 89-19, § 1, 5-9-89; Ord. No. 92-4, § 1, 3-10-92; Ord. No. 92-13, § 1, 5-12-92; Ord. No. 92-46, § 1, 11-10-92; Ord. No. 95-18, § 1, 4-11-95; Ord. No. 1999-06, § 1, 2-23-99; Ord. No. 2001-01, § 1, 1-9-01; Ord. No. 2001-10, § 1, 3-27-01; Ord. No. 2002-10, § 1, 3-18-02; Ord. No. 2003-21, § 1, 6-10-03; Ord. No. 2005-01, § 1, 1-11-05; Ord. No. 2005-16, § 1, 6-28-05; Ord. No. 2006-17, § 1, 6-13-06; Ord. No. 2008-36, § 1, 9-9-08; Ord. No. 2009-39, § 1, 6-23-09; Ord. No. 2012-30, § 1, 10-23-12; Ord. No. 2014-08, § 1, 02-25-14)