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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2024-006Temp.Ord.No.2551 March 13, 2024 Page 1 of 7 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2024 - 006 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-3.2, ENTITLED "TABLE OF ALLOWED USES", OF THE CITY OF TAMARAC LAND DEVELOPMENT CODE, SPECIFICALLY TABLE 10-3.1: ALLOWED USES, ESTABLISHING "RELIGIOUS ASSEMBLY" USE IN THE (BP) BUSINESS PARK ZONING DISTRICT; 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 health, safety and welfare of the general public, and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, the City of Tamarac has adopted a local Code of Ordinances, which serves as the regulatory document outlining the establishment and operation of land uses within the municipality; and WHEREAS, the City has duly established land development regulations contained in the Land Development Code, Chapter 10 of the City of Tamarac Code of Ordinances; and WHEREAS, the Land Development Code establishes Use Types, provides for Use -Specific Standards, and defines Use Categories and Use Types; and CODING: Words in strike hinouo type are deletions from existing law; Words in underlined type are additions. Temp. Ord.No.2551 March 13, 2024 Page 2 of 7 WHEREAS, Land Development Code regulations are adopted and implemented to provide for the logical and orderly development of the City's built environment; and WHEREAS, Michael Merino, Esq., designated agent for the applicant, Holy United Believers International, Inc., is requesting the Establishment of an "Religious Assembly" use in the BP (Business Park) zoning district and the amendment of the Table of Allowed Uses of the City of Tamarac Land Development Code to reflect the same; and WHEREAS, pursuant to Section 10-3.2, Table 10-3.1 entitled `Allowed Uses", "Religious Assembly" is considered a non -business use permitted only in the R-3 (Multi - Family Residential), MU-N (Mixed -Use Neighborhood), MU-C (Mixed -Use Corridor), MU- G (Mixed -Use General), and PF (Public Facilities) zoning districts; and WHEREAS, pursuant to the City's Code of Ordinances the purpose of the BP (Business Park) zoning district is to provide for a mixture of light industrial, office, manufacturing, and limited retail uses in a business park, industrial park, or campus setting with high -quality site and building design features to attract and retain a skilled workforce while supplying light industrial development; 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. 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. Chapter 10, Article, Section 10-3.2 entitled "Table of Allowed Uses", CODING: Words in stFike thFough type are deletions from existing law; Words in underlined type are additions. Temp. Ord.No.2551 March 13, 2024 Page 3 of 7 of the City of Tamarac Land Development Code, specifically Table 10-3.1, is hereby amended as follows: 10-3.2 Table of Allowed Uses Table 10-3.1: Allowed Uses, lists the uses allowed within all base zoning districts. Each listed use is defined in Article 10-6, Rules of Interpretation and Definitions. (A) Table Abbreviations (1) Permitted Uses "P" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed by right. Permitted uses are subject to all other applicable regulations of this Code, including the use -specific standards in §10-3.3, Use -Specific Standards, the dimensional standards in Article 2: Zoning District, and the requirements of Article 4: Development and Design Standards. Permitted uses may be approved pursuant to the applicable procedures under Article 5: Administration. (2) Special Exception Uses "SE" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed in the respective zoning district only if reviewed and approved in accordance with the procedures of §10- 5.4(G), Special Exception. Special exception uses are subject to all other applicable regulations of this Code, including the use -specific standards in §10-3.3, Use -Specific Standards, the dimensional standards in Article 2Zoning Districts, and the requirements of Article 4: Development and Design Standards. (3) Prohibited Uses. A blank cell in Table 10-3.1: Allowed Uses, indicates that the land use is prohibited in that zoning district. (4) Accessory Uses "A" in a cell in Table 10-3.1: Allowed Uses, indicates that the land use is allowed in that zoning district only if it is incidental and subordinate to a permitted primary use of the land in that district (i.e., a P or SE use that has been approved for the site), and subject to compliance with the applicable standards in §10-3.4, Accessory Uses and Structures. (5) Temporary Uses "T" in a cell in Table 10-3.1: Allowed Uses, indicates that the use is permitted in that zoning district for a temporary amount of time and only after approval of a Temporary Use Permit (§10-5.4(K)) and subject to compliance with the applicable standards in §10-3.5, Temporary Uses and Structures. (B) Use Categorization. In Table 10-3.1: Allowed Uses, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within the categories. Certain uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory. (C) Use -Specific Standards. Regardless of whether a use is allowed by right or as a special exception, additional standards may be applicable to the use. Use -specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to §10-3.3, Use -Specific Standards. These standards apply in all districts unless otherwise specified. (D) Use for Other Purposes Prohibited. Approval of a use listed in Table 10-3.1: Allowed Uses, and compliance with the applicable use -specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 10-3.1: Allowed Uses, and approved under the appropriate process is prohibited. CODING: Words in stFike thFe wo type are deletions from existing law; Words in underlined type are additions. Temp. Ord.No.2551 March 13, 2024 Page 4 of 7 (E) Classification of New and Unlisted Uses. When application is made for a use category or use type that is not specifically listed in Table 10-3.1, the following procedure shall be followed: (1) The Director shall provide an interpretation as to the use category and/or use type into which such use should be placed. In making such interpretation, the Director shall consider its potential impacts, including, but not limited to: the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and amount, and nature thereof; enclosed or open storage, - anticipated employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public utilities such as water and sanitary sewer. When considering an unlisted use in any zoning district as part of an interpretation, the Director shall also determine whether additional use -specific standards are necessary in addition to the standards in this Code. (2) Any such interpretation shall be made available to the public and shall be binding on future decisions of the City until the Director makes a different interpretation or this Development Code is amended to treat the use differently. (3) On interpreting an unlisted use as allowed in a zoning district, and finding that the use is likely to be common or would lead to confusion if it remains unlisted, the Director may initiate an application for a text amendment to this Code in accordance with § 10-5.4(D), Amendment to Text of Development Code, to list the use in Table 10-3.1: Allowed Uses, as a permitted use or special exception use, as appropriate. Until final action is taken on the amendment application, the interpretation of the Director shall be binding. (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 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 strife thFO U^'n type are deletions from existing law; Words in underlined type are additions. Temp.Ord.No.2551 March 13, 2024 Page 5of7 Residential Mixed -Use and Special Use Stds Nonresidential Purpose Category Use Type R R M M M I I R S ER IU UC U C BP I 2 F C U G ******************** ******************** 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, relettered 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. CODING: Words in stFike theme unh type are deletions from existing law; Words in underlined type are additions. Temp. Ord.No.2551 March 13, 2024 Page 6 of 7 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. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in stFike thmuo type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No.2551 March 13, 2024 Page 7of7 PASSED, FIRST READING this 20' day of gyp" , 2024. PASSED, SECOND READING this day of , 2024. MICH LLE J. GOMEZ, #AYOR ATTEST: K�BVERLY D LLON, CC CITY CLER . RECORD OF COMMISSION VOTE: 1ST Reading MAYOR GOMEZ �30— DIST 1: COMM. BOLTON \AG—S DIST 2: V/M WRIGHT `ASS DIST 3: COMM. VILLALOBOS GS DIST 4: COMM. DANIEL e-S RECORD OF COMMISSION VOTE: 2ND Reading MAYOR GOMEZ 00 DIST 1: COMM. BOLTON `ie7s DIST 2: V/M WRIGHT 96-S DIST 3: COMM. VILLALOBOS Ll ES DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AI`;45 RELIANCE OF THE CITY OF TAMARAC ONLY. HANS OTTINOT, CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk on this /-day of MRACO 2024_ CODING: Words in strike threug# type are deletions from existing law; Words in underlined type are additions.