HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-026CITY OF TAMARAC, FLORIDA
ORDINANCE NO.:11 10
AN ORDINANCE PROHIBITING THE ERECTION OR
MAINTENANCE OF UTILITY SHEDS AUXILIARY
BUILDINGS OR SECONDARY STRUHURES ON LOTS
LOCATED IN AREAS ZONED R-11 R-IA, R-lB,
R-ICI R-IP, R-22 R-2P and. R-2U; PROVIDING
FOR VARIANCES IN CASES OF HARDSHIP; IMPOS-
ING PENALITIES FOR VIOLATIONS;PROVIDING A
SAVINGS CLAUSE; AND, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Council of the City of Tamarac, has determined
that the installation of utility sheds, auxiliary buildings and
other secondary structures on lots located in areas zoned R-1,
R-lA, R-1B, R-IC, R-1P2 R-22 R-2P and. R-2U is hazardeous to the
health, safety and welfare of the residents of such areas due
to the close proximity of homes to each other in the City, and
WHEREAS, private deed restrictions generally forbid such
structures in the residential areas of the City without per-
mission of the architectural committees, but the City is
powerless to enforce such private restrictive covenants, and
WHEREAS, the environmental conditions arising out of small
lot sizes and narrow streets make it essential to the health
and welfare of the populace to maintain the ecology and, to
minimize, construction which will restrict the free flow of light
and air in residential neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
City of Tamarac, Florida:
SECTION 1: No permit shall be issued for and no person
shall erect in any area of the City zoned R-1, R-lA, R-lB, R-lC,
R-lP, R-21 R-2P and R-2U any utility shed, auxiliary building
or secondary structure unless such building or structure be made
an intregal part of the original house located on such lot, is
constructed of the same type of materials as the original house
and shall have a roof of the type and elevation of the original
roof of the main structure. All zoning classifications referred
to herein are those used by Broward County, except R-1 which refers
to the existing classification in the City of Tamarac.
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SECTION 2: Any structure erected prior to the effective
date of this Ordinance, which would be forbidden if erected
subsequent to such effective date, shall be promptly removed
by the owner or occupant of such property, unless such structure
was erected pursuant to a building permit duly issued for the
construction or erection thereof.
SECTION 3: The owner or occupant of any property adversely
affected by this Ordinance may apply to the Board of Adjustment
for a variance in any case where he can demonstrate that the
enforcement of this ordinance would work an undue hardship on
such owner or occupant.
SECTION 4: Any owner2 agent, occupant or person having
charge of any lot or premises in violation under this Ordinance,
who fails, refuses or neglects to remove such violation for a
period of fifteen days after receiving notice thereof from the
City, or who within fifteen days after such premises shall have
been posted with a notice to remove, shall fail to do so, shall
be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine not exceeding Two Hundred Fifty Dollars
($250.00) or imprisonment in the City Jail for a period not to
exceed sixty (60) days, or by both such fine and. imprisonment.
SECTION 5: Notices required by this Ordinance may be mailed
to the owner of record as shown on the taxroll of Broward County
or may be posted upon the premises by affixing in any con-
spicu.ou.s place on any structure located on such premises or by
leaving a copy of such notice with any person of suitable age
residing on the premises.
SECTION 6: Should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word be
declared by a count 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,
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SECTION 7: All Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 8: This Ordinance shall become effective iminediately
upon its final passage.
PASSED FIRST READING this _ '' day of"���_„
1971.
PASSED SECOND READING this ( day of
1971.
PASSED THIRD READING this i �,'. day of�����
1971.
ATTEST:
CITY CLERK
1 HERERY CERTIFY that I have
approved the form and correctness
of this ordinance
TY—ATT INN,
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RECORD OF COUNCIL VOTE
Mayor Seltman
V!ce Mayor
Lange
Councilman
Johnson
Councilman
Schultz P"r
Councilman
Zarcone