HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-004Temp. Ord. No. 2533
February 14, 2024
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2024 - OD
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 6,
ENTITLED "RULES OF CONSTRUCTION AND DEFINITIONS", BY
SPECIFICALLY AMENDING SECTION 10-6.2 ENTITLED "USE
CATEGORIES AND USE TYPES DEFINED" OF THE CITY OF
TAMARAC CODE OF ORDINANCES, BY AMENDING THE
DEFINITION OF "AUTO TOWING" AND THE DEFINITION OF
"AUTO WRECKING AND SALVAGE YARD" TO BE CONSISTENT
WITH FLORIDA STATUTES; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section
125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt
ordinances to provide for the health, safety, and welfare of the general public; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
and
WHEREAS, the Land Development Code defines Use Categories and Use Types;
WHEREAS, Land Development Code regulations are not static, and should be
updated to comply with Florida Statutes and account for the evolving needs of the
business community; and
WHEREAS, businesses have indicated that Use Categories and Use Types
definitions are not consistent with State Statutes and have placed their businesses at a
competitive disadvantage with nearby businesses located outside of the City's
CODING: Words in strike type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. No. 2533
February 14, 2024
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jurisdictional boundaries; and
WHEREAS, the City of Tamarac is requesting the approval of a Text Amendment
to Land Development Code to revise the "Auto Towing" definition to be consistent with
Florida Statutes; and
WHEREAS, the City of Tamarac is requesting the approval of a Text Amendment
to Land Development Code to revise the "Auto Wrecking and Salvage Yard" definition to
be consistent with Florida Statutes and to provide a clear separation of an "Auto Towing"
use from an "Auto Wrecking and Salvage Yard" use; and
WHEREAS, pursuant to the City-wide rezoning and revised Land Development
Code adoption by the City Commission on July 12, 2018, Use Categories and Use Types
Defined were added to provide definitions for Use Categories and Use Types; and
WHEREAS, Objective 1 of the Future Land Use Element, in the City's
Comprehensive Plan, requires the City to administer and adopt appropriate land
development code revisions, amending them as needed to respond to changing
conditions; and
WHEREAS, this item supports Policy 1.4, of the City's Strategic Economic
Development Element of the Comprehensive Plan, Plan "Adopt Pro -Growth,
Development Friendly Business Programs" by updating the Use Categories and Use
Types Defined in a manner that is responsive to the needs of the local business
community; and
WHEREAS, the proposed amendment supports the City's Strategic Plan Goal #3
"Tamarac is Economically Resilient" by establishing land development use category and
CODING: Words in strike through type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. No. 2533
February 14, 2024
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use type definitions that are responsive to evolving business needs; and
WHEREAS, Section 10-5.4(D)(3) of the City's Land Development Code
establishes criteria by which an amendment to the text of the Code may be considered;
�"FTAT$I
WHEREAS, the City believes that amending the use category and use type
definitions will afford businesses within the City an opportunity to provide services in a
manner similar to those in neighboring jurisdictions; and
WHEREAS, the Director of Community Development recommends approval of
the ordinance; and
WHEREAS, the City Commission of the City of Tamarac deems it to be desirable
and in the best interest of the citizens, businesses, and development stakeholders of the
City of Tamarac to amend Chapter 10, Article 6, Section 10-6.2, entitled "Use Categories
and Use Types Defined," to provide updated definitions for "Auto Towing", and "Auto
Wrecking and Salvage Yard" to be consistent with Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA.-
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. That Chapter 10, Article 6, Section 10-6.2, entitled "Use Categories
and Use Types Defined: is hereby amended to read as follows:
10-6.2 Use Categories and Use Types Defined
CODING: Words in stf+ke thF type are deletions from existing law; Words in
underlined type are additions.
(D) Industrial Uses
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February 14, 2024
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(6) Waste and Salvage. Uses that receive solid or liquid wastes from others for disposal
on the site or for transfer to another location. The category includes uses that collect
sanitary wastes, or uses that manufacture or produce goods or energy from the
composting of organic material or processing of scrap or waste material. Waste and
Salvage uses also include uses that receive hazardous wastes from others. Accessory
uses may include recycling of materials, offices, and repackaging and shipment of by-
products. Specific use types include, but are not limited to:
(a) Auto Towing. The removing of aR auteme a vehicle or vessel of any kind,
which is capable or incapable of being operated due to condition or lack of license or
registration, by towing, carrying, hauling, or pushing from public or private property when
such vehicle has been ordered to be impounded to a public or private impound lot. This
shall include the sale of a vehicle or vessel at public sale for cash in compliance with Fla.
Stat. 713.78(6) and shall not include an "automobile servicing" use that has a tow truck
and repair vehicles onsite.
(b) Auto Wrecking and Salvage Yard. Any lot upon which two or more meter
vehicles or vessels of any kind, which are incapable of being operated due to condition
or lack of license or registration, have been placed for the purpose of obtaining parts for
recycling or resale. This does not include vehicles or vessels incapable of being operated
CODING: Words in strike through type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. No. 2533
February 14, 2024
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due to condition or lack of license or registration that have been towed carried, hauled,
or pushed from public or private property when such vehicle or vessel has been ordered
to be impounded to a public or private impound lot.
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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.
PASSED, FIRST READING this 14 day of June , 2023.
CODING: Words in Strike thFoug-4 type are deletions from existing law; Words in
underlined type are additions.
Temp. Ord. No. 2533
February 14, 2024
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PASSED, SECOND READING this 1qf`day of f699-c4A'2-y , 2024.
MICHELLE J. O Z,
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
No
DIST 1:
V/M BOLTON
Yes
DIST 2:
COMM WRIGHT
Yes
DIST 3:
COMM VILLALOBOS
Yes
DIST 4:
COMM. DANIEL
Yes
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ f10
DIST 1: COMM. BOLTON
DIST 2: V/M. WRIGHT �!D
DIST 3: COMM VILLALOBOS
DIST 4: COMM. DANIEL 6�5
ATTEST:
IM ERLY ILLON, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY QU TAMARAC ONLY:
HANS- TTINOT
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk on this X41y'day of 2024.
CODING: Words in strike thre ir.h type are deletions from existing law; Words in
underlined type are additions.