HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-023Temp. Ord. No. 2543
November 8, 2023
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2023 - 0A 3
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" AMENDING ARTICLE 2, ENTITLED
"ZONING DISTRICTS" AMENDING SECTION 10-10-2.7(C),
ENTITLED "WOODLANDS OVERLAY DISTRICT", BY
SPECIFICALLY AMENDING SUBSECTION 10-2.7 (C)(4)
ENTITLED "GENERAL MAINTENANCE STANDARDS" TO
REMOVE CERTAIN RESTRICTIONS ON FENCES AND HEDGES, -
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, City staff, after consultation with Sections 1 and IV of the Woodlands
Homeowners Association, has determined that it would be in the best interests of the City
CODING: Words in type are deletions from the existing law, -
Words in underscore type are additions.
Temp. Ord. No. 2543
November 8, 2023
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to amend the text of the Woodlands Overlay District to eliminate the requirement that
fences be erected only to serve as a safety barrier to enclose a pool and must be hidden
from view with a continuous hedge; and
WHEREAS, in keeping with the purpose and intent of the Woodlands Overlay
District, each individual section of the Woodlands Homeowners Association has the
authority to enforce regulations for properties under their respective purview to allow or
prohibit the installation of fences if so desired, and
WHEREAS, the Director of Community Development recommends approval of
the ordinance amendment; and
WHEREAS, the City Commission finds that amending the Code to remove the
restriction that fences are allowed only to serve as a safety barrier to enclose a pool and
must be hidden from view with a continuous hedge is in the best interests of the citizens
and residents of the City of Tamarac.
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" amending Section 10-10-2.7(C), entitled "Woodlands Overlay District",
by specifically amending subsection 10-2.7(C)(4) entitled "General Maintenance
Standards" to allow for the installation of fences in the Woodlands Overlay District subject
to applicable HOA approval so that the Code shall read as follows:
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Words in underscore type are additions.
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November 8, 2023
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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.
(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 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.
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Words in underscore type are additions.
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November 8, 2023
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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.
(c) Fences are permitted. only AfheR the feRGe will be used as i-safety-baff4eT4e
once e a poet. 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. 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
(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
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Words in underscore type are additions.
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November 8, 2023
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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
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.
Security/protective agency signs, which shall be located within five
feet of the residence.
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Words in underscore type are additions.
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November 8, 2023
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(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.
(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
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Words in underscore type are additions.
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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.
SECTION 3. 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.
SECTION 4. 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 5. 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 6. Effective Date. This Ordinance shall become effective upon adoption.
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Words in underscore type are additions.
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November 8, 2023
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THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
CODING: Words in strike thFG ,g type are deletions from the existing law;
Words in underscore type are additions.
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PASSED, FIRST READING this Q5tl day of 0G i a(3&A -
2023.
PASSED, SECOND READING this day of
2023.
ATTEST:
I BERL DILLON, CMC
CITY CLERK
MICHELLE OMEZ,
MAYOR
RECORD OF COMMISSION VOTE:
1st Reading
MAYOR GOMEZ
..I (5�s
DIST 1: V/M BOLTON_=
DIST 2: COMM. WRIGHT
its,
DIST 3: COMM. VILLALOBOS
DES
DIST 4: COMM. DANIEL
116-5
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
2nd Reading
116�
DIST 1: WM BOLTON
ac
DIST 2: COMM. WRIGHT
DIST 3. COMM. VILLALOBOS
DIST 4. COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF�THIS CITY OF TAMARAC ONLY.
HAN,S OTTINOT
CITY ATTORNEY
CODING: Words in type are deletions from the existing law;
Words in underscore type are additions.