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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-023Temp. Ord. No. 2543 November 8, 2023 Page 1 of 9 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 Page 2 of 9 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: CODING: Words in 6t4ke4hfGL@h type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 3 of 9 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. CODING: Words in type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 4 of 9 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 CODING: Words in 6t4ke4hfeug# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 5 of 9 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. CODING: Words in strike thro g# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 6of9 (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 CODING: Words in strike thFeu ti type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 7 of 9 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. CODING: Words in strike thrGug# type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. No. 2543 November 8, 2023 Page 8 of 9 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. Temp. Ord. No. 2543 November 8, 2023 Page 9 of 9 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.