HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-005Temp. Ord. No. 2452
January 27, 2021
Page 1 of 13
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2021 - M
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY OF
TAMARAC CODE OF ORDINANCES, ENTITLED "LAND
DEVELOPMENT CODE" BY AMENDING ARTICLE 2, ENTITLED
"ZONING DISTRICTS" SPECIFICALLY AMENDING SECTION 10-
10-2.7(C), ENTITLED "WOODLANDS OVERLAY DISTRICT", BY
STRIKING THE PAINT APPROVAL AUTHORITY GRANTED TO
THE CITY UNDER SECTION 10-2.7(C)(7), ENTITLED "EXTERIOR
COLORS FOR SINGLE-FAMILY DWELLINGS" AS SAME IS NOW
WITHIN THE PURVIEW OF THE WOODLANDS HOME OWNERS
ASSOCIATION ("WHOA"); PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose and intent of the Woodlands Overlay District is to create
and establish specific regulations in addition to those requirements contained within the
City Code of Ordinances that will serve to preserve the neighborhood character, promote
its high quality and appearance, maintain property values and protect the public health,
safety and welfare; and
WHEREAS, the Woodlands Overlay District is not only intended to provide
guidelines to ensure the preservation of the Woodlands community's visual integrity, but
to also ensure that every property is maintained in accordance with the community
standards; and
WHEREAS, the Woodlands Overlay District is intended to protect the existing
aesthetics of the Woodlands community to ensure high -quality development compatible
with the surrounding existing development; and
WHEREAS, in order to preserve the neighborhood appearance of the community,
an established color scheme was approved and modified by resolution of the City
CODING: Words in strike thmug4 type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. No. 2452
January 27, 2021
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Commission referred to as the "Woodlands Color Palette"; and
WHEREAS, the property applied to the building and code compliance department
for a no cost paint permit that was reviewed for consistency with the "Woodlands Color
Palette"; and
WHEREAS, the Woodlands Homeowners Association has requested the approval
of Exterior Colors for Single -Family Dwellings within the area regulated by the Woodlands
Overlay District be stricken from the authority of the City Commission, Building and Code
Compliance Departments granted by the City of Tamarac Code of Ordinances; and
WHEREAS, the Woodlands Homeowners Association has requested the striking
of the "Woodlands Color Palette" and no cost paint permit from the approval and
modification by resolution of the City Commission and application to the Building and
Code Compliance Department, respectively, from the City of Tamarac Code of
Ordinances; and
WHEREAS, in keeping with the purpose and intent of the Woodlands Overlay
District, the Woodlands Homeowners Association, through the Architectural Control
Committee, has the ability and intends to require painting from a list of approved colors
for single-family dwellings within the Woodlands Homeowners Association, establish a
color scheme for single-family dwellings within the Woodlands Homeowners Association,
and review painting of single-family dwellings within the Woodlands Homeowners
Association for consistency with an established color scheme of the Woodlands
Homeowners Association; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance amendment.
CODING: Words in strike throe type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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NOW, THEREFORE, be it ORDAINED by the City Commission of the City of
TAMARAC, Florida, as follows:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. The City Commission hereby amends Chapter 10, Article 2, entitled
"Zoning Districts" specifically amending Section 10-10-2.7(C), entitled "Woodlands
Overlay District", by striking Section 10-2.7(C)(7), entitled "Exterior Colors for Single -
Family Dwellings" so that the Code shall read as follows:
10-2.7 - Overlay Zoning Districts
(C) Woodlands Overlay District
(1) General Purpose of Woodlands Overlay District. The purpose and intent of the
Woodlands Overlay District is to create and establish specific regulations in addition to
those requirements contained within the City Code of Ordinances that will serve to
preserve the neighborhood character, promote its high quality and appearance, maintain
property values and protect the public health, safety and welfare. The overlay district is
not only intended to provide guidelines to ensure the preservation of the Woodlands
community's visual integrity, but to also ensure that every property is maintained in
accordance with the community standards.
CODING: Words in stFike throug-h type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
(2) Woodlands Overlay (WO) District Established. The WO district is intended to
protect the existing aesthetics of the Woodlands community to ensure high-quality
development compatible with the surrounding existing development.
(3) Sunset and Termination of Overlay District. This section shall sunset and the
Woodlands Overlay District shall be terminated three seven years (2025) after the
effective date of this Code, unless, prior to the sunset date, the City Commission shall
pass legislation to extend or repeal the district.
(4) General Maintenance Standards. Residential properties shall be protected from the
negative impacts of noise, illumination, unsightliness, odors, dust, dirt, smoke, and other
objectionable influences. Maintenance of premises shall be subject to the City's Code.
Minimum standards to ensure maintenance of premises are as follows, along with the
following conditions:
(a) All properties shall be kept in a clean and sanitary condition free of rubbish,
trash, garbage, ground surface hazards, including but not limited to broken glass,
dangerous projections and objects.
(b) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on
any lot. Dogs, cats, or other household pets may be kept, provided they are not kept,
bred, or maintained for any commercial purposes.
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January 27, 2021
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(c) Fences are permitted only when the fence will be used as a safety barrier to
enclose a pool. Fences shall be constructed out of a non -porous material (specifically
metal, aluminum, or plastic) and shall be painted black, dark green, white, or bronze in
color and hidden from view with a continuous hedge. The property owner shall receive all
required permits from the City prior to the installation.
(d) Hedges are permitted and shall be maintained uniformly at a height not to
exceed six feet and so as not to obstruct a neighboring property owner's view of the golf
course or water bodies.
(e) Refuse containers shall be maintained in good condition and completely
screened from view from the adjacent right-of-way. The only exception to this regulation
is when the refuse containers are placed for pickup which shall be no earlier than 7:00
pm the evening before on the day of actual pickup and removed no later than 11:00 pm
the evening of pickup.
(f) All gas and oil tanks must be placed and maintained below ground level or in
walled -in areas so as not to be visible from adjacent properties
(g) Air conditioning or other mechanical equipment placed in any front, side or rear
yard shall be screened or walled in so as not to be visible from the public rights -of -way
and shall not be placed on the roof of any building or structure unless such air conditioning
CODING: Words in strike +hr,,u h type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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or mechanical equipment is completely screened or walled in so as not to be visible from
the public rights -of -way or adjoining properties.
(h) Any telecommunications tower and/or antenna located within the Woodlands
community shall comply with all federal, state, and local laws, ordinances and regulations.
(i) Permanent and/or temporary signs shall not be erected or displayed upon
any properties within the Woodlands. Exceptions:
(i) Political signs, which shall conform to Section10-4.10, Signs.
(ii) Security/protective agency signs, which shall be located within five
feet of the residence.
(iii) Warning or hazard signs, which will be permitted to be located where
the hazard may exist.
(iv) Real estate signs, provided the signs are placed a minimum of 10
feet from the property line. Only one sign shall be permitted per
property. The size of the sign shall be no larger than 15 inches in
height, 24 inches in width. The top of the sign when measured from
the ground (where the sign is installed) shall not exceed 36 inches in
height.
CODING: Words in strike through type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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(v) Open house signs, which shall be permitted on weekends only when
the subject property is staffed by a realtor or the homeowner. The
size of the sign shall be no larger than 15 inches in height, 24 inches
in width. The top of the sign when measured from the ground (where
the sign is installed) shall not exceed 36 inches in height.
(vi) House identification signs, which shall be attached to the residence,
be no larger than 12 inches by 15 inches and include no more than
the homeowner's name and/or address.
0) Exterior surfaces of all buildings and structures including but not limited to roofs,
walls, soffits, siding, fascia, and vehicular use areas shall be kept free of dirt, grime, mold,
and mildew. Such surfaces shall also be kept free of faded or chipped paint and shall be
maintained in good repair and condition. Such surfaces shall be repainted, recovered, or
cleaned when 10 percent or more of the exposed surface area does not meet the
standards set forth herein.
(5) Carports, Garages, Parking, and Storage
(a) The parking, storage, or movement of motor vehicles except in approved
vehicle use areas is prohibited. Exceptions include golf carts which shall be permitted to
move over pervious areas to get to and from the golf course or vehicle use areas.
CODING: Words in 6tFike threuo type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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(b) Only private use vehicles are permitted to be parked or stored overnight where
visible from the public rights -of -way or abutting property. All other types of vehicles
including but not limited to heavy trucks and commercial vehicles are prohibited from
being parked or stored overnight where it is visible from the public rights -of -way or
abutting property.
(c) Vehicle use areas shall be constructed of asphalt pavement, brick pavers,
concrete, stamp concrete, cast in place stone or of a similar material which provides
equivalent durability, aesthetic appearance, and maintainability. Any modification to an
existing vehicular use area shall receive all required permits from the city prior to
construction.
(d) Carports are for the purpose of storing private use vehicles and trucks only.
General storage of personal belongings and other commodities within the confines of the
carport visible from the abutting rights -of -way are prohibited. Carports shall be maintained
so that there is no accumulation of junk, trash, and debris.
(e) Garage doors shall be kept in the down position at all times when the garage
is not in use by the resident.
(6) Buildings, Additions, and Modifications. In order to assure that the quality of
development within the community is maintained at a high standard, the following
CODING: Words in strike threugh type are deletions from the existing law;
Words in underscore type are additions.
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requirements shall apply to construction of new residences and additions or changes to
existing residences or properties:
(a) No residence shall be constructed containing a living area of less than 1,500
square feet.
(b) No docks, seawalls, boat landings, mooring posts or boathouses may be
constructed without the property owner obtaining all permits.
2 R.
CODING: Words in strobe through type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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CODING: Words in strike threug# type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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W(7) Landscaping and Screening. In order to assure that the aesthetic appearance of
the community is maintained, the following requirements shall apply with regard to
maintenance of shrubbery and landscape materials:
(a) Homeowners must maintain healthy landscaping, to include spraying, watering,
weeding, trimming, and fertilizing.
(b) All lot areas not covered by driveways, or other paved areas or structures shall
be planted with lawn grass, ground cover or other appropriate landscape materials, free
of weeds. Lawns shall be neatly maintained at a height of four inches or less.
(c) Modifications to existing landscape material (as defined herein) shall be of
equivalent replacement.
(d) Landscape material shall not create pedestrian and/or motor vehicle hazards.
(e) The installation, removal and pruning of all trees and palms within the
community shall be in accordance with the standards of Section 10-4.4, Landscaping and
Tree Preservation. All other elements of landscaping shall be installed and maintained so
as to meet all other applicable City Code requirements.
SECTION 4. Codification. It is the intention of the City Commission of the City of
CODING: Words in strike throug-4 type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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Tamarac that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may
be renumbered, re lettered and the word "Ordinance" may be changed to "Section", "Article"
or such other word or phrase in order to accomplish such intention.
SECTION 5. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 6. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
CODING: Words in strike thFeuo type are deletions from the existing law;
Words in underscore type are additions.
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January 27, 2021
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SECTION 7. Effective Date. This Ordinance shall become effective upon adoption.
PASSED, FIRST READING this day of , 2021.
PASSED, SECOND READING thisday of )2021.
ATTEST
IFE OF S N, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved his
ORDINADMEIs to form.
MICHELQWJ. GOMEZ,
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO
�J61�5
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO
HA OTTINOT,
INT RIM CITY ATTORNEY
CODING: Words in strike through type are deletions from the existing law-,
Words in underscore type are additions.