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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-029Temp. Ord. No. 2482 August 10, 2021 Page 1 of 9 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2021 - Q69q 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", REPLACING THE TERM HOME OCCUPATION WITH HOME BASED BUSINESS, AMENDING ARTICLE 3, ENTITLED "USE REGULATIONS" SPECIFICALLY AMENDING SECTION 10-3.2, ENTITLED "TABLE OF ALLOWED USES", AND AMENDING SECTION 10-3.4, ENTITLED "ACCESSORY USES AND STRUCTURES", SPECIFICALLY AMENDING SECTION 10-3.4(D) ENTITLED "ADDITIONAL STANDARDS FOR SPECIFIC ACCESSORY USES" AND AMENDING ARTICLE 4, ENTITLED "DEVELOPMENT AND DESIGN STANDARDS" SPECIFICALLY AMENDING SECTION 10- 4.3, ENTITLED "OFF-STREET PARKING AND LOADING" OF THE CITY OF TAMARAC CODE OF ORDINANCES, TO PROVIDE FOR CONSISTENCY WITH HB 403 FLORIDA STATUTES AND SPECIFYING USE STANDARDS FOR HOME BASED BUSINESSES OPERATING WITHIN THE CITY OF TAMARAC,- PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 1, 2021 the Florida Legislature approved House Bill 403, preempting certain regulatory authority of Home Based Businesses to the State; and WHEREAS, the City's current Land Development Code identifies professional services or commercial activity conducted within a residential dwelling as home occupations; and WHEREAS, the term home occupation is inconsistent with the terminology utilized in House Bill 403 to describe such uses and are referred to as "Home Based Businesses" in the Florida Statute; and WHEREAS, the Bill provides that a home -based business may operate in an area 0 zoned for residential use and may not be prohibited, restricted, regulated, or licensed in CODING: Words in strike thmwg# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 2 of 9 a manner different from other businesses in a local government's jurisdiction otherwise S provided by the Bill; and WHEREAS, it is desirous that the City's Code remain consistent with the State's regulations for Home Based Businesses; and WHEREAS, the use standards for Home Based Businesses were inadvertently cited in the "Table of Allowed Uses" as Section 10-3.4(D)(5) during the comprehensive rewrite of the City's Code; and WHEREAS, use standards for Home Based Businesses in the "Table of Allowed Uses" should be corrected to reflect Section 10-3.4(D)(7) for consistency within the City's Code -,and WHEREAS, the proposed amendment is in alignment with the "Tamarac is Economically Resilient" strategic goal by creating policy that is responsive to the evolving • economic climate; and WHEREAS, policy planning plays an integral role in economic development, and it is in the City's interest to examine how best to implement regulation for Home Based Businesses to enhance and diversify its economic base; and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac wishes to continue to be responsive to and consistent with state legislature that impacts Tamarac's local businesses and has deemed it to be in the best interest of the citizens, residents, and visitors to the City of Tamarac to amend the Land Development Code to be consistent with House Bill 403 and State Statutes. • CODING: Words in strike threyg# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 3 of 9 is 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, entitled, Land Development Code, Section 10-3.2 entitled, "Table of Allowed Uses", as written so that the Code shall read as follows: Section 10-3.2 Table of Allowed Uses (F) Multiple Principal Uses . (1) A development may include a single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g , home oGG61patite based business as accessory to a dwelling, or administrative offices as accessory to a school or manufacturing use). • (2) A development may also include multiple principal uses, none of which is necessarily customarily incidental or subordinate to another principal use (e.g., a place of worship combined with a school, a gas station combined with a convenience store, restaurant, or automotive repair use, or a flex building housing retail, industrial service, and warehousing tenants). (3) A development with multiple principal uses shall include only those principal uses designated in the use tables as allowed in the applicable zoning district, and each principal use shall be subject to any use -specific standards applicable to the use. (G) Licenses and Permits Required. All uses required by the State of Florida or the federal government to have an approval, license, or permit to operate issued by the State or by another public, quasi -public, or regulatory agency are required by the City of Tamarac to obtain and maintain such approval, license, or permit at all times. (H) Table of Allowed Uses CODING: Words in strike thFewg4 type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 4 of 9 r R R R R M M M N B I I P R S E 1 2 3 U U U C P 1 2 F C U N C G RESIDENTIAL Household Dwelling, P P P P P 10- Living live/work 3.3(B)(4) Dwelling, P P P 10- manufactured 3.3(B)(5) home Wireless Alternative P P P P P P P P P P P P P P 10- communication tower structure 3.3(E)(4) facilities in right-of-way Alternative SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10- tower structure 3.3(E)(4) not in right-of- way Base station in P P P P P P P P P P P P P P 10- right-of-way 3.3(E)(4) Base station not SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10- in right-of-way 3.3(E)(4) Eligible facilities P P P P P P P P P P P P P P 10- request 3.3(E)(4) Small cell facility P P P P P P P P P P P P P P 10- 3.3(E)(4) Tower SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10- 3.3(E)(4) Accessory A A A A 10- dwelling unit 3.4(D)(1) Assembly hall A A A A A A A 10- 3.3(C)(3) Bingo game A A A 10- 3.4(D)(2) Building- A A A A A A A A A A mounted or rooftop antenna Car wash and A A 10- auto detailing, 3.4(D)(3) Automatic Car wash and A A 10- auto detailing, 3.4(D)(3) Non -automatic Dormitory or A A A residence hall Drive -through A A A 10- service facility I 3.4(D)(4) • CODING: Words in stFikethreug# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 5 of 9 Dwelling, A A A A A A A 10- caretaker I I 3.4(D)(5) Garage or A A A I A I A A A A A A A A A A carport Home A A A A A A A A 10- eGEUPat+ea 3.4(D) (-5)L7j based business Outdoor courts, A A A A A A A A A A 10- fields, 3.4(D)(8) playgrounds and pools Outdoor seating, A A A A A A 10- commercial 3.4(D)(8) SECTION 3. The City Commission hereby amends Chapter 10, entitled, Land Development Code, Section 10-3.4 entitled, "Accessory Uses and Structures", specifically at Section 10-3.4(D) entitled "Additional Standards for Specific Accessory Uses" as written so that the Code shall read as follows: • Section 10-3.4 (D) Additional Standards for Specific Accessory Uses (7) Home 9ssupatiews Based Business. A home GGGupat+en based business may be permitted as an accessory use to a principal dwelling unit in any of the residential or mixed - use districts, provided that: (a) Siae%AFea Accessory Use. The activities of the home based businesses must be secondary to the property's use as a residential dwelling. W iess- (b) Employees and Residency. The principal person or persons providing the business or service shall reside in the dwelling on the premises except that up to two employees or independent contractors who do not reside at the residential dwelling may work at the business. (c) Neighborhood Compatibility All vehicles used in connection with the home esGupatiGR based business shall be of a size, and located on the premises in such a manner, so as to not disrupt the quiet nature and visual quality of the neighborhood, the business may not generate a need for oarkino areater in volume than a similar residence where no business is conducted. - any :+Tr_ras�irr:rrr��:zrii..rir,:,r�r_e�.rr_.:.r.�rr.►.s:r..:...a�. (ii) As viewed from the street the residential property must be consistent with the uses of the residential areas surrounding the property. Any external modifications to a CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 6 of 9 home based business must conform to the residential character and architectural • aesthetics of the neighborhood. No mere than eRe off 6tFeet park ng 6paGe May (iii) No additional parking areas other than driveways shall be located in the required front setback. (iv) All business activities must comply with the City's Code concerning signage and equipment processes that create noise, vibration, heat smoke dust glare fumes or noxious odors. The -Fe shall be Re adveFtiriRg deViGe6 OR the pFeperty, or other (v) All business activities must comply with the City's Code concerning the use storage, or disposal of hazardous materials (vi) The home based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property SECTION 4. The City Commission hereby amends Chapter 10, entitled, Land Development Code, Section 10-4.3 entitled, "Off Street Parking and Loading", as written so that the Code shall read as follows: Section 10-4.3 Off -Street Parking and Loading E CODING: Words in stFike they type are deletions from the existing law; Words in underscore type are additions. CJ is Temp. Ord. No. 2482 August 10, 2021 Page 7 of 9 ACCESSORY Assembly hall 1 per 250 SF; 2S percent can be grassed Accessory dwelling unit 1 per DU Bingo game 1 per 200 SF Building -mounted or rooftop antenna N/A Car wash and auto detailing, automatic 1 per 500 SF Dormitory or residence hall 1 per 10 beds Drive -through service facility See 10-4.3(I) Dwelling, caretaker 1 per DU Garage or carport N/A; Spaces may be counted as required parking spaces Home aecupatiea based business See 10-3.4(7)1(i) Nl A Outdoor courts, fields, playgrounds, and pools See Schedule C Outdoor seating, commercial See Schedule C Outdoor storage non- sales, accessory See Schedule B Outdoor vehicle storage, accessory See Schedule B Satellite dish N/A Small wind energy system See Schedule C Solar energy collection system, accessory use N/A Utility shed N/A Other accessory uses that comply with Code standards N/A SECTION 5. Codification. It is the intention of the City Commission of the City of 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. 0 SECTION 6. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2482 August 10, 2021 Page 8 of 9 parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 7. 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. SECTION 8. Effective Date. This Ordinance shall become effective upon adoption. • THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. • CODING: Words in strike g-h type are deletions from the existing law; Words in underscore type are additions. • • PASSED, FIRST READING this -/aw-day of Temp. Ord. No. 2482 August 10, 2021 Page 9 of 9 2021. /k 6L� PASSED, SECOND READING this ����day of � 2021. AT7ST ' JO ON, CMC ITY CLtRK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. OKA.�:n-- �. MICHELLE J. GOMEZ, MAYOR RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS Ll DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZC DIST 1: COMM. BOLTON DIST 2: COMM. GELIN i�ST DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO L CODING: Words in stake thr-eug-h type are deletions from the existing law; Words in underscore type are additions.