HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-009CITY OF TAMARAC, FLORIDA
ORDINANCE NO. ' 1 '7.
AN ORDINANCE ENTITLED MINIMUM OFFSTREET
PARKING AND LOADING REQUIREMENTS; PRO-
VIDING MINIMUM REQUIREMENTS FOR OFFSTREET
PARKING AND LOADING FACILITIES; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING A SAVINGS CLAUSE.
WHEREAS, the City deems it necessary to provide
minimum offstreet parking and loading requirements for structures
within the City, and
WHEREAS, the Planning and Zoning Board has recommended
to the City Council that the following minimum requirements be
adopted, and
Council.
WHEREAS, public hearing has been held by the City
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of
the City of Tamarac, Florida.
SECTION 1: That minimum requirements for offstreet
parking and loading facilities within the City of Tamarac shall
be as set forth in this Ordinance or any future amendments
thereto.
SECTION 2:
1. Every building, use or structure, instituted or
OFFSTREET PARKING REQUIRED
erected after the effective date of this Ordinance shall be pro-
vided with offstreet parking facilities in accordance with the
provisions of this Ordinance for the use of occupants, employees,
visitors or patrons.
2. Such offstreet parking facilities shall be
maintained and continued as an accessory use as long as the main
use is continued.
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3. Where a building existed at the effective date
of this Ordinance such building may be modernized, altered or
repaired, provided there is no increase in floor area or
capacity and there is no change of occupancy, without providing
additional offstreet parking facilities.
4. Where a building or use, which existed at the
effective date of this Ordinance, is enlarged in floor area,
volume, capacity, or space occupied, offstreet parking facilities
as specified herein shall be provided for the additional floor
area, volume, capacity or space so created or occupied.
5. Where a building or use which existed at the
effective date of this Ordinance is changed in use or occupancy,
additional offstreet parking facilities shall be provided to the
extent that the offstreet parking required by this Ordinance for
the new use or occupancy exceeds the offstreet parking which
would have been required for the previous use or occupancy had the
regulations of this Ordinance been applicable thereto. For the
purposes of this section, a change of use or occupancy shall
mean a change from one category of offstreet parking requirements
to another such category under Section 4.
6. It shall be unlawful for an owner or operator
of any building, structure or use affected by this Ordinance to
discontinue, change or dispense with, or to cause the discontin-
uance or reduction of the required parking facilities apart from
the discontinuance, sale or transfer of such structure or use, with-
out establishing alternative vehicle parking facilities which
meet the requirements of this Ordinance. It shall be unlawful
for any person, firm, or corporation to utilize such building,
structure or use without providing the offstreet parking
facilities to meet the requirements of and be in compliance with
this Ordinance.
SECTION 3: LOCATION. CHARACTER AND SIZE
1. The offstreet parking facilities required under
this Ordinance shall be located on the same plot or parcel of
land such facilities are intended to serve, or upon a plot of
land, the nearest property line of which is located within seven
hundred (700-) feet, airline measurement, of the nearest property
line of the premises it is intended to serve. All offstreet
parking facilities required under this Ordinance shall be
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located on property whereon such offstreet parking use is a
permissible use and shall be designed, developed and maintained
in accordance with all applicable provisions of the zoning
ordinances of the City of Tamarac.
When the required offstreet parking is to be provided
upon an additional plot of land as hereinbefore provided, the
owner of such additional plot of land to be used for offstreet
parking facilities, and the owner of the land intended to be
served by such offstreet parking facilities located upon the
additional plot shall enter into a written agreement with the
City whereby the land providing the additional parking area
shall never be sold or disposed of except in conjunction with
the sale of the building or the use which the additional parking
area serves, so long as such parking facilities are required,
and said agreement shall be approved by the City Attorney and
recorded in the public records of Broward County, Florida, at
the expense of the owner, and shall be considered to be a
restriction running with the land and shall bind the heirs,
successors and assigns of the said owner; provided, however,
that another additional plot or plots complying with the pro-
visions of the zoning ordinances and subject to a recorded
agreement as above specified may be substituted for the
additional plot of land. Said written agreement may be voided
by the City Council if other provisions are made for offstreet
parking facilities pursuant to this Ordinance. In the case of
a new or substitute agreement for the use of a plot of additional
land to meet offstreet parking requirements, the original or
preceding agreement shall be voided by the execution and
recording of the new agreement.
2. Each parking space required and provided pursuant
to the provisions of this Ordinance shall be not less than ten
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(10) feet in width and twenty (20) feet in length. Each
parking space shall be directly accessible from a street or
alley, or from an adequate aisle or driveway leading to a street
or alley. Access aisles and driveways shall be of sufficient
size to permit convenient maneuvering of cars, and each space
shall be accessible without driving over or through any other
parking space.
3. The required offstreet parking facilities shall
be identified as to purpose and as to location when not clearly
evident from a street or alley. Offstreet parking facilities
including access aisles and driveways, shall be surfaced with a
hard, dustless material and maintained in a smooth, well -graded
condition, provided that driveways, access aisles and parking
spaces for churches and for public and private schools offering
academic courses may be surfaced with grass or lawn.
4. All offstreet parking facilities required by this
Ordinance shall be drained so as not to cause any nuisances on
adjacent or public property, and any lighting thereon shall be
so arranged and designed as to prevent any glare or excessive
light on adjacent property. Such facilities shall be arranged
for convenient access and safety of pedestrians and vehicles.
5. A plan shall be submitted with every application for
a building permit for any use or structure required to provide
offstreet parking under this Ordinance, which plan shall clearly
and accurately designate the required parking spaces, access
aisles and driveways, and relation to the uses or structures
these offstreet parking facilities are intended to serve.
6. Where a portion of a lot has been donated by
conveyance in fee simple to the City for public parking, any
parcel of land which includes the remaining portion of said lot
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shall be credited with the number of parking spaces contained
in the donated portion in computing the offstreet parking require-
ment for any use.
SECTION 4: AMOUNT OF OFFSTREET PARKING
The offstreet parking required by this Ordinance
shall be provided and maintained on the basis of the following
minimum requirements:
1. A. Dwelling single-family:
Two (2) parking spaces for each dwelling unit.
(One of the required two parking spaces may be
in the form of a garage or carport.)
B. Dwelling two-family:
Three (3) parking spaces for every two
dwelling units.
2. Dwelling multiple -family:
One and one-half (1 1/2) parking spaces for
each dwelling unit, or three (3) parking spaces
for each four (4) rooms provided with a bath,
toilet or shower facility, whichever may be
greater, provided, however, that each dwelling
unit may have one toilet room without tub or
shower facility which shall not be counted in
determining requirements. In addition to the
preceding requirement, an offstreet parking
area containing at least one space for every
ten (10) dwelling units shall be provided and
made available free for guests and employees
which shall be so marked and situated near the
main entrance. If, in addition to dwelling
units, there are other uses operated in con-
junction with and/or part of the multiple
dwelling, additional offstreet parking spaces
shall be provided for such other uses as would
be required by this section. If such other uses
were separate from the multiple dwelling to
the extent of 25% of the offstreet parking
specified in this article for bars, restaurants,
dining rooms, night clubs and cabarets.
3. Rooming houses, lodging houses, boarding houses:
One (1) parking space for each two (2) rental
sleeping rooms, plus (1) parking space for the
owner or operator.
4. Dormitories, fraternities:
One (1) parking space for each two (2) beds,
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plus one (1) parking space for the manager or
operator, plus one (1) parking space for each
two (2) employees.
5. Hotels, including clubs:
Three parking spaces for each four (4) sleeping
rooms, or three (3) parking spaces for each
four (4) bathrooms, whichever may be greater.
If, in addition to sleeping rooms, there are
other uses operated in conjunction with and/or
as part of the hotel, additional offstreet
parking spaces shall be provided for such other
uses as would be required by this Section if
such uses were separate from the hotel, to the
extent of 65% of the offstreet parking specified
in this Ordinance for retail stores, offices,
service establishments, bars, restaurants,
dining rooms, night clubs, cabarets, ballrooms,
banquet halls, meeting rooms, auditoriums.
6. Motels, tourist homes, guest cabins, villas, house
courts:
One (1) parking space for each guest room,
cabin or rental unit, plus one (1) parking
space for the owner or manager. If, in addition
to dwelling units, there are other uses operated
in conjunction with and/or as part of the prin-
cipal use, additional offstreet parking spaces
shall be provided for such other uses as would
be required by this section if such uses were
separate from the principal use, to the extent
of 35% of the offstreet parking specified in
this Ordinance for retail stores, offices, ser-
vice establishments, bars, restaurants, dining
rooms, night clubs, cabarets, ballrooms, banquet
hall, meeting rooms, auditoriums.
7. Trailer courts, camps or parks:
One (1) parking space for each trailer.
8. Hospitals:
One (1) parking space for each two (2) beds
for patients.
9. Sanitariums, asylums, orphanages, convalescent homes,
nursing homes, retirement homes, and other similar
institutions for the care of the aged and infirm.
One (1) parking space for each five (5) beds
for patients or inmates, and one (1) parking
space for each employee.
10. Theaters and other places of assembly having
fixed seats:
One (1) parking space for each five (5) seats.
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11. Places of public assembly, including assembly halls
(except as included in paragraphs ten (10) and
twelve (12), exhibition halls, convention halls,
dance halls, skating rinks, sport arenas, com-
munity centers, libraries and museums:
One (1) parking space for each five (5) seats,
or one (1) parking space for each hundred (100)
square feet of gross floor area occupied by
guests, customers, patrons, members of other
occupants, which ever may be greater.
12. Private clubs, lodges, fraternal buildings, union
halls:
One (1) parking space for each hundred (100)
square feet of assembly hall and auditorium,
or one (1) parking space for each three hundred
(300) square feet of gross floor area occupied
by guests, customers, patrons,nembers or other
occupants, whichever may be greater.
13. Churches:
One (1) parking space for each thrity (30)
square feet of auditorium or chapel area,
not including Sunday School classrooms.
14. Stadiums, race tracks, fairgrounds, circus grounds:
One (1) parking space for each five (5) seats..
15. Bowling alleys:
Five (5) parking spaces for each alley.
16. Mortuaries:
One (1) parking space for each five ( 5 ) seats
in public rooms.
17. Medical, dental, chiropractic, etc., clinics
(separate building):
Five (5) parking spaces for each doctor plus
one (1) for each employee.
18. Business, professional and governmental offices:
One (1) parking space for each two hundred
(200) square feet of ,floor area.
19. Restaurants, bars, beer gardens, night clubs:
One (1) parking space for each thirty (30)
square feet of floor area in rooms for
customer service.
20. Elementary schools, public, private or parochial:
One (1) parking space for each classroom, plus
one (1) parking space for each employee, plus
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additional parking spaces for rooms used for
public assembly as otherwise required by
this Section.
21. Junior and Senior high schools and colleges,
public, private, or parochial:
One (1) parking space for each classroom plus
one (1) parking space for each two (2) students
and each employee or one-half (1/2) of the
additional parking spaces for rooms used for
public assembly as otherwise required by this
Section, whichever may be greater.
22. Retail stores, personal service shops, household
repairs or equipment shops, interior decoration
shops:
One (1) parking space for each two hundred
(200) square feet of floor space.
23. Manufacturing and industrial uses, research and
testing laboratories, bottling establishments,
printing and engraving shops, warehouses, motor
vehicle salesrooms, wholesale stores, laundries
and storage buildings, provided that exterior
offstreet areas adjacent to overhead doors may be
utilized for required offstreet parking for
warehouses and storage buildings only:
One (1) parking space for each four hundred
(400) square feet of floor area of the building.
24. Telephone exchange buildings, and other buildings
housing automatic or specialized equipment, where
no customers or patrons are served on the premises
or are permitted to visit the premises:
One (1) parking space for each employee.
25. Terminal facilities, including airports, railroad
passenger and freight stations, bus depots, truck
terminals; also charter, sightseeing or fishing
boat docks, commercial bathing beaches, commercial
swimming pools and the like:
One (1) parking space for each two (2)
employees, plus one (1)parking space for each
four (4) persons of the normal capacity of use,
as customers, patrons and visitors.
26. Uses not specifically mentioned:
The requirements for offstreet parking for any
uses not specifically mentioned in this Section
shall be the same as provided in this Section
for the use most similar to the one sought, it
being the intent to require all uses except agri-
cultural to provide offstreet parking.
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27. Fractional. measurements:
When units or measurements determining number
of required offstreet parking spaces result in
requirement of fractional space, any such
fraction equal to or greater than one-half
(1/2) shall require a full offstreet parking
space.
28. Mixed Uses:
In the case of mixed uses, the total requirements
for offstreet parking shall be the sum of the
requirements of the various uses computed
separately, and offstreet parking space for one
use shall not be considered as providing the
required offstreet parking for any other use.
29. Measurement:
For the purposes of this Ordinance, floor,
floor area shall mean the gross floor area inside
of the exterior walls; in hospitals, bassinets
shall not count as beds. In stadiums, sport
arenas, churches, and other places of assembly
in which occupants utilize benches, pews or
other similar seating facilities, each twenty
(20) lineal inches of such seating facilities
shall be counted as one seat for the purpose
of computing offstreet parking requirements.
30. New and used car sales agencies, lots and related
establishments:
Offstreet parking space shall be provided for
all cars for sale, all cars being serviced for
sale or awaiting delivery, and one car space
shall be provided for each principal and
executive and one car for each two salesmen
and mechanics.
SECTION 5: COMBINED OFFSTREET PARKING
Nothing in this Ordinance shall be construed to prevent
collective provision for, or joint use of, offstreet parking
facilities for two (2) or more buildings or uses by two (2) or
more owners or operations, provided that the total of such parking
spaces when combined or used together shall not be less than the sum
of the requirements of the several individual uses computed
separately in accordance with this Ordinance.
SECTION 6: NON -CONFORMING USES
In the case of a building occupied by a use which is
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not permitted as a new use in the district in which such building
is located, where major repairs, substantial alterations, or
extensions of the use are to be made, no such major repairs,
substantial alterations or extensions of use shall be permitted
unless and until the off-street parking requirements of this
Ordinance, for a new use of the type involved, are applied to
such existing use and are fully provided for.
SECTION 7: USE OF REQUIRED OFFSTREET PARKING BY
ANOTHER BUILDING
No part of an offstreet parking area required for any
building or use by this Ordinance shall be included as part of
an offstreet parking area similarly required for another build-
ing or use, unless the type of use indicated that the period of
usage will not overlap or be concurrent with each other.
SECTION $: MODIFICATION OF REQUIREMENTS
In specific cases, the Board of Adjustments may
authorize a reduction in the miniumum requirements of Section
4, when:
(a) There is a public parking lot judged adequate to
handle the parking demand of the use within four hundred (400)
feet of site; or
(b) There is on -street parking judged adequate to
handle the present and probable future parking demand of the use
in the neighborhood; or
(c) There are adequate commercial or private parking
lots within four hundred (400) feet of the site judged adequate
to handle the present and probable future parking demand of the
proposed use.
Provided, however, that the board shall find that such reduction
of the parking requirements will not create a parking problem
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due to customers or employees using on -street parking in the
neighborhood, and that traffic problems in the neighborhood will
not be materially increased.
SECTION 9: PARKING OF COMMERCIAL VEHICLES
Offstreet parking facilities supplied by the owner or
operator to meet the requirements of this Ordinance shall not
be used by commercial vehicles owned, operated or used an the
business of such owner or operator during regular hours of
business.
SECTION 10: OFFSTREET LOADING
1. On the same plot with every structure or use
hereafter erected or created, there shall be provided and main-
tained adequate space for loading and unloading of materials,
goods or things and for delivery and shipping, so that vehicles
for these services may use this space without encroaching on or
interferring with the public use of street and alleys by
pedestrians and vehicles.
2. Where any structure is enlarged or any use is
extended so that the size of the resulting occupancy comes within
the scope of this Section, the full amount of offstreet loading
space shall be supplied and maintained for the structure or use
in its enlarged or extended size. Where the use of a structure
or land or any part thereof is changed to a use requiring offstreet
loading space under this Section, the full amount of offstreet
loading space shall be supplied and maintained to comply with
this Section.
3. For the purposes of this Section, an offstreet
loading space shall be an area at the grade level at least
twelve (12) feet wade by forty-five (45) feet long with fourteen
and a half (14-1/2) foot vertical clearance. Each offstreet
loading space shall be directly accessible from a street or alley
without crossing or entering any other required offstreet loading
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space, and arranged for convenient and safe ingress and egress
by motor truck and/or trailer combination. Such loading space
shall also be accessible from the interior of any building
it is intended to serve.
4. Offstreet loading spaces shall be provided and
maintained in accordance with the following schedule:
(a) For each retail store, storage warehouse, wholesale
establishment, industrial plant, factory, freight terminal,
market, restaurant, mortuary, laundry, dry cleaning establishment
or similar use which has an aggregate gross floor area of:
Over
10,000
sq.
ft.
but
not
over 25,000 sq. ft. . .
. 1
space
Over
25,000
sq.
ft.
but
not
over 60,000 sq. ft. . .
. 2
spaces
Over
60,000
sq.
ft.
but
not
over 120,000 sq. ft. .
. 3
spaces
Over
120,000
sq.
ft.
but
not
over 200,000 sq. ft. .
. 4
spaces
Over
200,000
sq.
ft.
but
not
over 290,000 sq. ft. .
. 5
spaces
Plus for each additional 90,000 sq. ft. over 290,000 sq. ft.
or major fraction thereof . . . . . . . . . . . . . . 1 space
(b) For each multiple dwelling or apartment hotel
having at least fifty (50) dwelling units but not over a hundred
(100) dwelling units - one (1) space.
For each multiple dwelling having over a hundred
(100) dwelling units: One (1) space plus one (1) space for
each additional one hundred (100) dwelling units or major
fraction thereof.
(c) For each auditorium, convention hall, exhibition
hall, museum, hotel, office building, sports arena, stadium,
hospital, sanitarium, welfare institution or similar use which
has an aggregate gross floor area of:
Over 20,000 sq. ft. but not over 40,000 sq. ft. . 1 space
Plus for each additional 60,000 sq. ft. over 40,000
sq. ft. or major fraction thereof . . . . . . . . . . 1 space
(d) For any use not specifically mentioned in this
Section, the requirements for offstreet loading for a use
which is so mentioned, and to which the unmentioned use is
similar, shall apply.
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5. Offstreet loading facilities supplied to meet
the needs of one use shall not be considered as meeting the
offstreet loading needs of any other use.
6. No area or facilities supplied to meet the required
offstreet parking facilities for a use shall be utilized for
or be deemed to meet the requirements of this Ordinance for
offstreet loading facilities.
7. Nothing in this Section shall prevent the collective,
joint or combined provision of offstreet loading facilities
for two or more buildings or uses, provided that such offstreet
loading facilities are equal in size and capacity to the combined
requirements of the several builidngs or uses and are so located
and arranged as to be usable thereby.
8. Plans for buildings or uses requiring offstreet
loading facilities under the provision of this Section shall
clearly indicate the location, dimensions, clearances and
access of all such required offstreet loading facilities.
SECTION 11: That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 12: Should any Section or provision of
this Ordinance or any portion thereof, or any paragraphs,
sentence or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity
of the remainder hereof as a whole or any part hereof, other
than the part declared to be invalid.
PASSED FIRST READING this yrJ day of �ri 1970.
PASSED SECOND READING thisgC day of w'�- , 1970.
PASSED THIRD READING this day o 1970.
w
MAYOR
ATTEST:
TY
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