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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1964-001I T ORDINANCE NO. 1 --64 AN ORDINANCE IMPLEMENTING TIIE PROVISIONS. OF CHAPTER 176, FLORIDA STATUTES, BY PROVIDING FOR A COMPREHENSIVE PLAN OF ZONING FOR TI'[E CITY OF TAMARAC, 13ROWARD COUNTY, FLORIDA; ESTABLISHING ZONING DISTRICTS AND PRESCRIBING REGULATIONS AND RESTRICTIONS WITII RESPECT THERETO; CRi:;11TING A CITY PLANNING AND ZONING BOARD, PROVIDING FOR ITS ORGANIZATION, AND PRESCRIBING ITS DUTIES AND POWERS; CREATING A BOARDS OF ADJUSTMENT, PROVIDING FOR ITS ORGANIZATION, AND PRESCRIBING ITS DUTIES AND POWERS; PROVIDING FOR ENFORCE- MENT OF ZONING REGULATIONS AND RESTRICTIONS, AND PENALTIES FOR VIOLATION THEREOF; AND PRO- VIDING FOR CHANGES AND AMENDMENTS TO ZONING REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS, TO -WIT: r ,i6ARTICLE I. Lz SECTION 1.01_ Definitions. GENERAL PROVISIONS. For the purpose of this Ordinance, certain terms and words are herewith defined, to --wit: (1) Accessory Buildin . A subordinate building which is located on the same lot as the main building, the use of which building is clearly incidental to the use of the main building. (2) Accessory Uses. Uses customarily incident to the permitted principal uses. (3) Apartment, "Apartment" or "Apartment House" is a building occupied or intended to be occupied by more than two families, living separately and with separate kitchens or facilities for doing their own cooking on the premises, or by more than two families, individuals or groups of individuals. (4) Building. Any enclosure having a ,permanent loca- tion on the land, excepting walls, fences and hedges not exceeding five feet in height. (5) Paplex. A building, divided horizontally or vertically, and designed for or occupied by two single- family housekeeping units, having one roof and one dividing partition common to each unit.. (6) Dwellin Multi le-Famil . An apartment as defined herein. (7) Dwelling, One -Family. A detached building designed for or occupied exclusively by one family. (8) Family. One or more persons living together as a single housekeeping unit, supplied with a kitchen or facilities for cooking on the premises. (9) Lot. A parcel or tract of land fronting on a street, which is or may be occupied by a building, and including open spaces required under this Ordinance, which parcel or tract of land is described by a plat recorded among the public records of Broward County, Florida. (10) Lot, Corner. A lot abutting on two or more inter- secting streets. (11) Lot Depth. The distance measured from the mid- point of the street lot line to the midpoint of the opposite rear lot line. In the case of a corner lot, the depth shall be the longer of the two possibilities. (12) Lot Line. The lines bounding a lot. (13) Lot Width. The average distance between side lot lines measured at right angles to the line used to determine the depth of the lot. (14) _Mixed Occupancy. Occupancy of a building for more than one use. (15) _Non -Conforming Use. Use or occupancy of a building or land not conforming to the requirements of this Ordinance. (16) Parkin2 Space. A parcel of land having an area of not less than 200 square feet and suitable for the parking of one automobile, together with necessary and adequate land for the approach, turning and exit of an automobile. �M (17) Porch. A roofed space attached to the exterior wall of a building, open on one,or more sides. (18) Setback. The minimum horizontal distance between a building and the boundary lines of the lot on which the building is located, measured at right angles to the boundary line. (19) Street. A public way affording principal means of access to abutting property. (20) Structure. Anything constructed or erected, the use of which requires permanent location on the land, except hedges, shrubs and trees. (21) Yard. An open space or area on the same lot as a building, unoccupied and unobstructed from the ground upward by any building. (22) Yard, Front. The yard between the front property line and the front line of any building, measured at its least dimension and extending from one side lot line to the other, exclusive of steps, platforms, open terraces and walls not exceeding five feet in height. (23) Yard, Rear. The yard extending across the full width of the lot between the rear line of any building and the rear lot line, measured at its least dimension, exclusive of steps, platforms, open terraces and walls not exceeding five feet in height. (24) Yard, Side. The yard expending between a building and the side lot line, extending from the front yard to the rear yard, measured at its least dimension, exclu- sive of steps, platforms, open terraces and walls not exceeding five feet in height. SECTION 1.02. Districts Established. For the purpose of promoting the health, safety, morals and general welfare of the inhabitants of the City, to secure safety from fire, panic and other damages, to provide adequate light and air, to prevent overcrowding of land, to avoid under - concentration of population, to facilitate the provision of adequate transportation, water, sewerage disposal, parks and recreational facilities, and other public requirements, the corporate area of the City shall be dividible into the follow- ing zoning districts. MM (1) R-1 District (Single -Family Residence) (2) R-2 District (Multiple -Family Residence) (3) C-1 District (Commercial) SECTION 1.03. Districts Defined. The Lands within the corporate limits of the City are hereby divided into zoning districts as shown on, in and by the comprehensive zoning map, hereinafter referred -to as the Official Zoning Map, which map is hereby adopted and estab- lished as the official zoning map of the City. Said Official Zoning Map is further identified by the signature of -the City Clerk and bears the seal of the City and is dated , 1953. All changes made in accordance with law in such zoning districts or to the boundaries of same shall be made promptly on said Official Zoning Map, together with an entry as follows: "Amended by Ord. No, H, which entry shall be signed by the Clerk. Said Official Zoning Map shall be kept and pre- served by the City Clerk. SECTION 1.04. Inter retation, Purpose and Conflict. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the'promotion of the I� public health, safety, morals and general welfare of the community. where this Ordinance imposes greater restrictions upon the use or occupancy of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed by other ordinances, rules, regu- lations or by easements, covenants, or agreements, the provisions of this Ordinance shall. control. If, because of error or omis- sion in this Ordinance or the Official Zoning Map, any property within the corporate limits of the City is not shown to be included in a zoning district, the classification of such prop- erty shall be k-1 (Single -Family District), unless changes by an amendment to this Ordinance. SECTION 1.05. Errors and Violations. No permit granted by the City presuming to give author- ity to violate or cancel the provisions of this Ordinance shall be valid, except insofar as the work or use which it authorizes is lawful_ The issuance of a permit upon plans and specifica- tions shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans and specifi- cations or from preventing building operations being carried on thereunder when in violation of this Ordinance or any other of the ordinances of the City. SECTION 1.06. Yard Exceptions. (a) Car shelters and similar structures, where attached to the main building, may have eaves extending to within two feet of the side and rear lot lines, provided such structures are open on three sides and supported by posts spaced not closer than four feet apart and without intermediate lattice -work, grilles, louvers, jalousies, curtains or other obstruction. No such structure shall be closed in or otherwise altered to provide a habitable area. (b) The ordinary projection of window sills, belt courses, cornices, balconies, ornamental features and eaves shall be thirty inches. Window sills, belt courses, cornices, balconies, ornamental features and eaves may encroach into a side yard, a rear yard or front yard by the ordinary projection. If such structural features project more than the ordinary projection, the setback lines of the building shall be increased by the amount of this greater projection. (c) Structures not exceeding six inches in height above the natural contours of a lot may be constructed anywhere upon a lot without regard to setback requirements. (d) Fences, walls and hedges not exceeding six feet in height as measured from the natural contour of the premises may be maintained along any side or rear lot line. The Board of Adjustment in a proper case may grant a special exception in- creasing or decreasing the height of any fence, wall or hedge, where circumstances show that such increase is desired by the adjoining property owners or will promote the public safety and general welfare. SECTION 1.07. Enforcement. The Building Inspector is hereby designated and author- ized to enforce this Ordinance. ARTICLE IT. R-1 DISTRICT SINGLE-FAMILY RESIDENCE SECTION 2.01. Uses Permitted. The uses permitted in R-1 District shall be as follows: y (a) One single-family building.' (b) Municipally owned or operated recreational facilities. uw= io (c) Municipally owned or operated facilities of any nature whatsoever. SECTION 2.02. _ Structure Heiqht Limit. No structure shall exceed twenty-five feet in height. SECTION 2.03.- Buildinq Site Area. The minimum building site area shall be three thousand square feet. SECTION 2.04. Minimum Floor Area. The minimum floor area of a building shall be seven hundred fifty square feet including screened porches but exclu- sive of attached roofed -over but open porches, terraces, car- portes and enclosed garages. SECTION 2.05. Setback Requirements. (a) All buildings shall have minimum setbacks of twenty feet from the front lot line, eight feet from the rear lot lane, and five feet from the side lot lines. (b) In case of a corner lot, the side yard adjacent to the intersecting street shall have a minimum width of ten feet. -- ARTICLE III. R-2 DISTRICT MULTIPLE -FAMILY DISTRICT SECTION 3.01. Uses Permitted. The uses permitted in R-2 District shall be as follows: (a) Any use permitted in R-1 District. (b) Duplex. (c) Apartments. (d) Motels and hotels. (e) Churches. (f) Schools. IW� SECTION 3.02. Structure Height Limit. No structure shall exceed one hundred fifty fect in height. SECTION 3.03. Building Site Area. (a) Each building site in an R--2 District shall conform to the following schedule of minimum requirements, depending upon the use to which the site shall be put: Us C (1) Single-family dwelling (2) Duplex (3) Apartment (4) Motels and hotels (5) Churches (6) Schools Minimum Area i_n Squire Elect 3,000 5,000 500 per living unit 300 per rental unit 217,800 435,600 (b) Each hotel, motel or apartment site shall have a minimum square foot area of 43,500. SECTION 3.04. Minimum Floor Areas. (a) The minimum floor area of single-family residences shall be the same as that required for such use in R-1 Districts. (b) The minimum floor area of a duplex shall be six hundred square feet, including screened porches but exclusive of attached roofed -over but open porches, terraces, carportes and enclosed garages, (c) The minimum floor area for each living unit'in an apartment shall be three hundred fifty square feet, exclusive of open porches and balconies. (d) The minimum floor area for each hotel or motel unit shall be one hundred fifty square feet. SECTION 3.05. _Setback Requirements. �-- (a) All buildings erected in R-2 District shall have the following minimum setbacks: Front 25 feet Rear 8 feet Side 5 feet -- 7 - (b) In case any building is erected to a height greater than thirty-five feet, the setback shall, be increased by one - tenth of the amount such height exceeds thirty-five feet. (c) In the case of a corner lot, the side yard adjacent to the intersecting street shall have a minimum width of ten feet. ARTICLE IV. C-1 DISTRICT COMMERCIAL DISTRICT SECTION 4.01. Uses Permitted. The uses permitted in C--1 District are as follows: (a) Any use permitted in R-2 District. (b) Retail stores. (c) Any use which is expressly permitted by the Board of Adjustment upon application for special exception, where such Board finds and determines that such use is: (1) Not injurious to the public health, safety, or general welfare; (2) Not obnoxious because of the emission of dust, dirt, noise, smoke, fumes, odor, vibrations, or possessing an abnormal explosion hazard,; (3) Not injurious to surrounding property values; (4) Desirable and provides a benefit to the com- munity in which it is to be located; and (5) Promotes the purposes of this Ordinance. SECTION 4.02. Setback and Height Requirements. (a) where any building is constructed'or used in'the C-1 District for purposes allowed under Section 4.02(a) above, such building shall comply with the provisions, restrictions and requirements of the R-2 District. "? (b) Where any building is constructed or used in the C-1 District,for purposes allowed under Section 4.02(b) above, such building shall have a five-foot front yard and rear yard setback. Buildings on corner lots shall have a five-foot set- back along the intersecting street. M-0 7 0 0 (c) Where any building is constructed or used in the C-1 District for purposes allowed under Section 4.02(c) above, such building shall have setbacks, height limitation, and area requirements as may be prescribed by the Board -of Adjustment in granting its special exception, and such Board is hereby expressly authorized and directed to prescribe reasonable lim- itations upon the setbacks, height, and area of any such building. SECTION 4.03. Uses .Prohibited. Except as expressly authorized or permitted pursuant to the provisions -of this Ordinance, all other uses are prohibited. ARTICLE V PLANNING AND ZONING BOARD SECTION 5.01. Creation, Powers and Duties, Quorum. There is hereby created a Planning and Zoning Board con- sisting of five members who shall be appointed by resolution of and shall serve, without compensation, at the pleasure of the City Council. Said Board shall act in an advisory capacity to the City Council and shall have such further powers and duties as shall be expressly vested in it by this Ordinance. Said Board shall meet at such time and at such place as it shall deem appropriate, for the purpose of forming recommendations to the City Council upon applications for change in zoning, and for recommending amendments to this Ordinance. The Board shall, appoint from its membership a chairman and a secretary, and shall keep written minutes of its proceedings. The Chairman, the Secretary, or any three members of the Board shall be em- powered to call a meeting of the whole Board upon two days' written notice to each member thereof. Three members shall constitute a quorum, and a concurring vote of three members shall be required for a decision on any matter before said Board. SECTION 5.02. Secretary. The Secretary shall keep the minutes of the meetings of the Board, take and receive all applications for changes in zoning and place the same upon the agenda of the Board, receive the required application fees and disburse the same to the City Clerk, and send out all notices required by this Ordinance. SECTION 5.03. Change in Zonin . Any person owning lands within the City is entitled to • make application to the Council for a change in zoning. The Planning and zoning Board may consider and recommend changes in zoning upon its own motion or upon reference by the Council. SECTION 5.04. Application for Change in Zonin Procedure. Applications for rezoning shall be made in the follow- ing manner: (a) Such applications shall be made in the form pre- scribed by the City Planning and Zoning Board as supplied by the Secretary. (b) Such applications shall be accompanied by a fee of $50.00, which shall not be refundable. (c) Such applications shall be received by the City, Planning and Zoning Board and its recommendation for or against such applications forwarded to the City Council within fifteen days from the date such applications are received by the Secre- tary. Failure of the Board to act within such time shall result in said applications' being forwarded to the City Council at the expiration of such period, and such failure shall be con- sidered a favorable recommendation by the Board. (d)' Upon receipt of an application for rezoning or upon receipt of a recommendation for change in zoning from the City Planning and Zoning Board, the City Clerk shall advertise the same for public hearing before the City Council at the next regular meeting thereof occurring, not less than ten days nor more than forty days after receipt of said publication. In the case of an application for rezoning the applicant shall reimburse the City for such publication cost. Publication shall be by one legal advertisement. in a newspaper of general circulation within the City, such advertisement to appear not less than five days in advance of the meeting at which the matter is to be heard. The Council shall act upon the applica- tion or recommendation within ten days of the date of the public hearing thereon, unless the Council shall, upon its own motion, extend the time for an additional period not to exceed thirty days. Failure of the Council to act within such period shall be deemed a denial of the application or recommendation. The Council shall not consider applications on the same sub- ject matter for a period of six months following the denial of an application. . VM =416M ARTICLE VI BOARD OF ADJUSTMENT SECTION 6.01. Creation, Bowers and Duties. (a) There is hereby created a Board of Adjustment con- sisting of five members who shall be appointed by resolution of the City Council for terms of five years each, except -that the terms of the first members of the Board shall be staggered by the Council, and one such first member shall be appointed for a one-year term, one such first member shall be appointed for a two-year term, one such member shall be appointed for a three-year term, one such member shall be appointed for a four- year term, and one such member shall be appointed for a five- year term. Members shall serve without compensation. (b) Such Board shall have power; (1) To grant special exceptions to this Ordinance where authorized to do so by the express pro- visions thereof; (2) To grant variances to the provisions of this Ordinance upon application therefor by a land- owner in the manner hereinafter prescribed, where the applicant demonstrates to the satis- faction of the Board that, because of peculiar- ities of circumstances or conditions particu- larly affecting his property, a hardship results from the strict application of the Provisions of this Ordinance to such land, and that to grant the application the Board will not be violating the spirit and purposes of this Ordinance and no adverse effect will result to the public health, safety, morals or general welfare; and (3) To hear and grant appeals from decisions of the City Council denying applications for . changes in zoning, where the appellant demon- strates that to grant such appeal the Board will in effect be granting a variance in ac- cordance with the conditions and limitations thereof prescribed in Section 6.01(b)(2) above. (4) To hear and grant appeals from decisions of i the Building Inspector regarding the interpre- tation, administration or enforcement of this Ordinance. (5) The Board shall have no other powers and duties. SECTION 6.02. Special Exceptions, ARj2licaLion and Procedure. Applications for special exceptions shall be made by landowners and acted upon by the Board of Adjustment in the following manner: (a) Such applications shall be made by the landowner desiring same upon forms prescribed by the Board. (b) Such applications shall be accompanied by a fee of $50.00, which is not refundable. (c) Such applications shall cite the section or parts of this Ordinance relied upon by the applicant in seeking a special exception and shall contain in detail all reasons ad- vanced by the owner in favor of his application. (d) Such applications shall be acted upon by the Board within fifteen days of receipt of same. The Board may request a conference with the owner upon the subject of his application, and the owner shall make available to the Board all information relative to his application as the Board shall reasonably require. Failure of the Board to act within such fifteen -day period shall be deemed a finding by the Board that the section or parts of this Ordinance relied upon by the applicant, to- gether with the reasons advanced in support thereof, are sufficient alone to support the special exception applied for, and such application shall be deemed granted. (e) The Board shall not consider any denied application dealing with the same subject matter as a denied application for a period of six months. SECTION 6.03. Variances, Application and Procedure. Application for variances shall be made by landowners and acted upon by the Board of Adjustment in the following manner. (a) Such applications shall be made by the landowner desiring same upon forms prescribed by the Board. (b) Such applications shall be accompanied by a fee of f. $50.00, which is not refundable. s � (c) Such applications shall contain a complete descrip- tion p P tion of the conditions and circumstances affecting the applicant's =WM property constituting a hardship and a recital of the section, or parts of this Ordinance which, if strictly applied, result u.:9 in such hardship. (d) Such applications shall spell out in detail the findings the applicant desires be made to provide the relief desired, together with a recital of the manner in which the spirit and purposes of this Ordinance will be furthered by the granting of the variance. (e) The Hoard of Adjustment shall hU..ti li_c hearing upon every application for variance within forty receipt of an application, and shall cause a notice there, be published, at the applicant's expense, in a newspaper o�_ general circulation within the City, at least ten days prior u� any such public hearing. Any landowner in the City or resident thereof shall be entitled to be heard upon the subject of said application, subject to the rules of the Board. (f) The Board shall act upon any such application within ten days of such public hearing, either granting such application or granting same subject to such reasonable changes as to the Board seem proper, or denying the said application. Failure of the Board to act within such period of time shall constitute a denial of any such application. SECTION 6.04. Ap2eals, Application and Procedure. Appeals from decisions of the City Council denying appli- cations for changes in zoning shall be conducted in the same manner as applications for variances as set forth in Section 6.03 above. SECTION 6.05_ A eats from Decisions of the Buildin Ins ector, Application and Procedure Appeals from decisions of the Building Inspector regard- ing the interpretation of this Ordinance shall be made in the following manner: (a) Such appeal may be taken by any person affected by a decision of the Building Inspector in interpreting, administer- ing or enforcing this Ordinance. (b) Such appeal shall be filed with the Secretary of the Board within ten days of the act of the Building Inspector from which the appeal is taken. - 13 - (c) Such appeal shall be commenced by the filing of a Notice of Appeal in the form prescribed by the Board, which Notice shall contain a detailed description of the decision or act of the Building Inspoctor from which relief is sought, together with a statement of the relief sought, and a statement of the section or parts of this Ordinance upon which the appel- lant relies. Every appeal shall be accompanied by a fee of $25.00. (d) A copy of the Notice of Appeal shall be delivered to the Building Inspector by the Secretary of the Board. (e) Within ten days from the filing of the Notice of Appeal, the Building Inspector shall file with the Secretary of the Board a Reply to Appeal in the form prescribed by the Board, which Reply shall contain a statement of the decision or act of the Building Inspector from which the appeal was taken if" the Building Inspector does not adopt the statement contained in the Notice of Appeal, and a detailed statement of the reasons for the decision or act from which the appeal was taken, and a citation of the section or parts of this Ordinance upon which the Building Inspector relies to sustain his decision or act. 9 (f) Within ten days from the filing of the Reply to 3 Appeal by the Building Inspector, the Secretary of the Board shall give notice to the appellant and to the Building Inspector of the meeting of the Board at which the Board shall hear oral arguments upon the appeal, which meeting shall be held within twenty days of the filing of the Reply to Appeal. to] (g) The Board shall render its decision upon appeal within, ten days of the date of oral argument_ In arriving at its decision the Board shall make determinations of fact based upon the Notice of Appeal, the Reply to Appeal and the oral argument, and shall strictly construe the provisions of this Ordinance. Failure to make its decision within such period shall be deemed a denial of the appeal, and the Secretary of the Board shall so notify the appellant and Building Inspector. ARTICLE VIT PENALTY, VALIDITY, CODE EFFECTIVE DATE SECTION 7.01. Penalty. Any person, firm, association, corporation or organiza- tion, or combination thereof, who shall violate or fail to comply with any of the provisions of this Ordinance, shall, upon - 14 -- conviction, be fined by a fine not exceeding $500.00 or im- prisonmont not exceeding sixty days, or by both such fine and imprisonment in the discretion of the judge of the municipal court. Each day's violation shall, constitute a separate: offense under this Ordinance. SECTION 7.02. Validity. In -the event any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional by a court of competent-, jurisdiction, such adjudication shal_1_ in no manner affect the validity of the remainder of this Ordinance or any part thereof. SECTION 7.03. Code. This Ordinance shall be included in the Tamarac City Code, and the City Attorney is hereby directed to include this Ordi- nance in said Code. SECTION 7.04. Effective Date. This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING THIS 7th DAY OF Janua.ry 1964. PASSED SECOND READING THIS 3rd DAY _ OF February 1964. PASSED THIRD READING THIS 2nd DAY OF March 1964. ATTEST: C1erls - 15 -- Mayor