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
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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)
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CODING: Words in stFikethreug# type are deletions from the existing law;
Words in underscore type are additions.
Temp. Ord. No. 2482
August 10, 2021
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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
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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
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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.
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THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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CODING: Words in strike g-h type are deletions from the existing law;
Words in underscore type are additions.
•
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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.