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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. A 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 �M rJ 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 - 3 - (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 =_ 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, -- 5 - 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. - 6 - j 11 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 7 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. CE:� �j I 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 - 9 - I# L� 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 -10- 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 -11- 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. 2WM 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 - 13 -