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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1972-006CITY OF TAMARAC, FLORIDA ORDINANCE NO. 72-6 AN ORDINANCE AMENDING ORDINANCE NO. 1-64 OF THE CITY OF TAMARAC BY ADOPTING ZONING CLASSIFICATIONS OF BROWARD COUNTY AND REGULATIONS PERTAINING THERE- TO AS AMENDED HEREIN; PRESERVING THE EXISTING R-1 CLASSIFICATION IN THE CITY OF TAMARAC; RE-CLASSIFY- ING LANDS IN THE CITY INTO THE ZONING CLASSIFICATIONS ADOPTED HEREIN; RE -ZONING MAINLANDS OF TAMARAC LAKES EIGHTH SECTION, MAINLANDS OF TAMARAC LAKES NINTH SECTION EXCEPT PARCELS "A", "B", AND."C" THEREOF, AND MAINLANDS OF TAMARAC LAKES TENTH SECTION FROM C-1 TO R-.1;-RE--ZONING TAMARAC BUSINESS CENTER AND TAMARAC BUSINESS CENTER, SECTION TWO FROM-R-1 TO B-3; RE- ZONING ALL GOLF COURSES AND RECREATION CENTERS IN THE CITY FROM C-1 TO S-1; WITH CERTAIN SPECIFIED EXCEPTIONS; RE -ZONING ALL OF PARCEL "S" IN TAMARAC LAKES SOUTH FROM R-1 TO B-3; RE -ZONING ALL OF TAMARAC INDUSTRIAL PARK FROM R-1 TO M-1; RE -ZONING BLOCK 13 OF TAMARAC LAKES NORTH FROM R-1 TO R-3U; RE -ZONING LOT A , BLOCK 12 OF TAMARAC LAKES NORTH SECOND SECTION AND TRACT A, BLOCK 1, TAMARAC LAKES FROM R-1 TO B-2; RE -ZONING ALL OF F AND D SUBDIVISION, WOODLANDS VILLAS FIRST ADDITION AND WOODLANDS VILLAS EXCEPT TRACTS 1 AND 2 THEREOF FROM C-1 TO R-2; RE -ZONING PARCEL "L" OF WOODLANDS LAKES AND TRACTS 12 AND 13 OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION OF SECTION 11, TOWNSHIP 49S, RANGE 41E AND PORTIONS OF SECTION 13 OF SAID SUBDIVISION FROM C-1 TO R-4A; RE -ZONING ALL LAKES SHOWN ON THE PLATS OF TAMARAC LAKES SECOND SECTION PARCEL :.'L" OF TAMARAC LAKES NORTH, PARCEL "L" OF TAMARAC LAKES SOUTH AND TAMARAC LAKES NORTH SECOND SECTION FROM EXISTING ZONING TO S-1; RE -ZONING ALL LAKES SHOWN ON THE PLATS OF WOODLANDS SECTION FOUR, WOODLANDS SECTION SEVEN, WOODLANDS SECTION EIGHT AND WOODLANDS COUNTRYCLUB FROM C--1 ZONING TO S-1 ZONING: RE -ZONING OF ALL "G" PARCELS IN THE DESCRIPTION OF WOODLANDS=SUBDIVISIONS FROM R-2 TO R-lB; RE -ZONING THE DESCRIBED PORTION OF TRACT 13, SECTION 3, OF FORT LAUDERDALE TRUCK FARMS FROM C-1 TO R-3U; ZONING ALL UNZONED PROPERTY R-lB; PROVIDING FOR RULES AND REGULATIONS GOVERNING NON- CONFORMING USES AND STRUCTURES: REPEALING ALL LAWS IN CONFLICT: PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1-64 of the City of Tamarac, as amended, is the zoning ordinance of the City of Tamarac, and WHEREAS, SECTION 11 y of the City Charter requires that the zoning classification used "shall be the same classification as that used by Broward County zoning...", and WHEREAS, it is the desire of the City Council to comply with the Charter requirements and with the other requirements of law with respect to zoning in the City by adopting Broward County zoning classifications and the regulations relating thereto and by declaring the intent of the City with respect so to the conforming of existing zoning to the new classi- fications, and WHEREAS, it is necessary to retain the existing R-1 classification of the City Zoning Ordinance in order to keep the existing single-family developments in the City from becoming non -conforming uses due to the sub -standard size of most of the lots and homes therein, and WHEREAS, it is considered to be essential to the imple- mentaion of the Charter requirements to reclassify the zoning classifications of lands in the City into the appropriate classifications adopted herein, and WHEREAS, in adopting the official zoning map of the City it became apparent that there are certain gross errors in zoning as relate to actual land use and development, which the City Council desires to correct at this time, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Ordinance No. 1-64 of the City of Tamarac be amended by deleting therefrom Section 1.02 thereof and by substituting therefore the following language: 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 divisible into the following zoning districts: (1) R-1 District (Single -Family Residence) (2) R-IB District (one -family Dwelling) (3) R-2 District (Two -Family Dwelling) (4) R-4A District (Planned Apartment) (5) R-5 District (Motel - Hotel uses) (6) T-1 District (Trailer Park) (7) R-3U District (Row Houses) (8) S-1 District (Recreational uses) (9) B-1 District (Neighborhood Business) -2- (10) B-2 District (Community Business) (11) B-2A District (Planned Business Center) (12) B-3 District (General Business) (13) A-5 District (Agricultural Excavation uses) (14) M-1 District (Light Industrial) (15) M-2 District (Medium Industrial) SECTION 2: Ordinance No. 1-64 of the City of Tamarac is hereby amended by deleting therefrom all of Articles III and IV thereof, as heretofore amended, and substituting therefore Articles III through XVI, inclusive, which are attached hereto and made a part hereof by reference as if expressly set forth herein. SECTION 3: Ordinance No. 1-64 of the City of Tamarac is hereby amended by renumbering Article V thereof, as amended, as Article XVII and renumbering each Section thereof from Sections 5.01 through 5.04, inclusive, to read Sections 17.01 through 17.04, inclusive. SECTION 4: That all platted lands in the City presently zoned R-1 with the express exceptions set forth below, shall remain R-1 zoning. SECTION 5: That all unplatted lands in the City presently zoned R-1 are hereby re-classified from R-1 to R-lB zoning. SECTION 6: That all lands in the City presently zoned R-2 are hereby re-classified from R-2 zoning to R-4A zoning. SECTION 7: That all lands in the City presently used for golf courses and accessory uses and for recreation buildings and accessory uses are hereby re -zoned from C-1 zoning (or such other classifications as they may be presently zoned) to S-1 zoning; with the exception that the following described property of the Sabal Palms Golf Club shall be re -zoned from C-1 zoning to R-lB zoning, to -with: beginning at the point at the intersection of the East right-of-way line of Rock Island Road and the North right-of-way line of Commercial Boulevard; thence easterly along the North right-of-way line of Commercial Boulevard a distance of 350 feet to a point; thence northerly -3- along a line parallel to and 350' distant from the East right-of-way line of Rock Island Road a distance of 1262 feet more or less to a point on the North boundary of the property; thence westerly a distance of 350' to a point on the East right-of-way line of Rock Island Road; thence Southerly along the East right- of-way line to the point of Beginning. SECTION 8: That all other lands in the City presently zoned C-1 or C-2, with the stated exceptions set forth below, are hereby re-classified from C-1 or C-2 zoning to B-1 zoning. SECTION 9: That the following described land is hereby re -zoned from C-1 zoning to R-1 zoning: A. All of MAINLANDS OF TAMARAC LAKES EIGHTH SECTION according to the plat thereof recorded in Plat Book 67, Page 35, Public Records of Broward County, Florida, except Parcel "R" thereof. B. All of MAINLANDS OF TAMARAC LAKES NINTH SECTION according to the plat thereof recorded in Plat Book 67, Page 48, Public Records of Broward County, Florida, except Parcels "A", "B" and "C" thereof. C. All of MAINLANDS OF TAMARAC LAKES TENTH SECTION according to the plat thereof recorded in Plat B000k 68, Page 36, Public Records of Broward County, Florida. SECTION 10: That all lands in the City presently zoned I-1 are hereby re-classified from I-1 zoning to A-5 zoning. SECTION 11: That all lands in the City presently zoned I-2 zoning, are hereby re-classified from 1-2 zoning to M-2 zoning. SECTION 12: That all lands in the City presently zoned 1-3 zoning are hereby re-classified from I-3 zoning to M-1 zoning. SECTION 13: That the following described lands in the City presently zoned R-1 are hereby re -zoned from R-1 to M-1 zoning: IVL All of TAMARAC INDUSTRIAL PARK according to the plat thereof recorded in Plat Book 63, at Page 26, of the Public Records of Broward County, Florida. SECTION 14: That the following described lands in the City of Tamarac are hereby re -zoned from R-1 zoning to B-3 zoning: A. All of TAMARAC BUSINESS CENTER according to the plat thereof recorded in Plat Book 61 at Page 27 of the Public Records of Broward County, Florida. B. All of TAMARAC BUSINESS CENTER SECTION TWO, according to the plat thereof recorded in Plat Book 61, Page 50 of the Public Records of Broward County, Florida. C. Parcel "S" of TAMARAC LAKES SOUTH according to the plat thereof recorded in Plat Book 62 at Page 24 of the Public Records of Broward County, Florida. SECTION 15: The following described lands in the City of Tamarac are hereby re -zoned from R-1 zoning to R-3U zoning: Block Thirteen (13), TAMARAC LAKES NORTH SECOND SECTION, according to the plat thereof recorded in Plat Book 61, Page 8, Public Records of Broward County, Florida. SECTION 16: The following described lands in the City of Tamarac are hereby re -zoned from R-1 zoning to B-2 zoning: A. Lot Four (4), Block Twelve (12) of TAMARAC LAKES NORTH SECOND SECTION, according to the plat thereof recorded in Plat Book 61, Page 8, Public Records of Broward County, Florida. B. Tract A in Block One (1) of TAMARAC LAKES according to the plat thereof recorded in Plat Book 58, Page 40, Public Records of Broward County, Florida. SECTION 17: The following described lands in the City of Tamarac are hereby re -zoned from C-1 zoning to R-2 zoning: A. All of F and D SUBDIVISION according to the plat thereof recorded in Plat Book 73, Page 20, Public Records of Broward County, Florida. B. All of WOODLANDS VILLAS according to the Plat thereof, recorded in Plat Book 73, Page 34, Public Records of Broward County, Florida, ex- cept Tracts 1 and 2 thereof. -5- C. All of WOODLANDS VILLAS FIRST ADDITION, ac- cording to the plat thereof, recorded in Plat Book 73, Page 39, Public Records of Broward County, Florida. SECTION 18: The following described lands in the City of Tamarac are hereby re -zoned from C-1 zoning to R-4A zoning: A. Tract 12 of FORT LAUDERDALE TRUCK FARMS SUB- DIVISION, Section 11, Township 49 South, Range 41 East, according to the plat thereof recorded in Plat Book 4, Page 31, Public Records of Broward County, Florida. B. Tract 13 of FORT LAUDERDALE TRUCK FARMS SUB- DIVISION, Section 11, Township 49 South, Range 41 East, less the South 459 feet of said Tract, according to the plat thereof recorded in Plat Book 4, Page 31, Public Records of Broward County, Florida. C. A portion of FORT LAUDERDALE TRUCK FARMS SUB- DIVISION of Section 13, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Northeast corner of said Section 13; thence North 800 09' 25" West, along the North Line of said Section 13, a distance of 58.19 feet to the West Right-of-way line of State Road No. 7 (US 441), said point being further described as the Point of Beginning of this description; thence continuing North 890 09' 25" West, along the said North line of Section 13, a distance of 1261.83 feet; thence South 240 07' 23" East, a distance of 264.74 feet; thence South 280 58' 21" West, a distance of 521.19 feet; thence South 890 15' 42" East, parallel with and 620.46 feet North of, as measured at right angles to, the South line of Tracts 1 and 2, of said Section 13; a distance of 1372.75 feet to a point on the arc of a circular curve to the right, said curve being further described as being the West Right- of-way line of said State Road No. 7 (US 441); thence Northerly, along the arc of said curve, having a radius of 11.091.91 feet, an arc dis- tance of 378.65 feet to a Point of Reverse Curve; thence continuing Northerly, along the arc of a circular curve to the left, having a radius of 11.091.91 feet, an arc distance of 318.89 feet to the Point of Beginning; excepting therefrom the East 300 feet thereof. D. A portion of FORT LAUDERDALE TRUCK FARMS SUB- DIVISION of Section 13, Township 49 South, Range 41 East, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Tract 8, of said Section 13; thence South 00 12' 12" East, along the East line of said tract 8, a distance of 454.07 feet; thence N 890 15' 42" West, a distance of 400.01 feet to the point of begin- ning of the description; thence continues North 890 15' 42" West, a distance of 537.46 feet; thence North 380 33' 14" West, a distance of 515.67 feet to the point of curvature of a cir- cular curve to the left; thence westerly along the arc of said curve, having a radius of 927.25 feet, an arc distance of 299.45 feet; thence South 510 26' 46" West, a distance of 201.65 feet; thence North 380 33' 14" West, a distance of 102.75 feet; thence North 510 26' 46" East, a distance of 200.00 feet; thence North 380 33' 14" West, a distance of 200.00 feet; thence South 510 26' 46" West, a distance of 200.00 feet; thence North 280 58' 21" East, a distance of 814.98 feet; thence South 890 15' 42" East, a distance of 1066.70 feet; thence South 00 12' 12" East, a distance of 1074.60 feet to the point of begin- ning. Said lands situate, lying and being in Broward County, Florida. E. Parcel "L" of WOODLANDS LAKES, according to the Plat thereof recorded in Plat Book 71, Page 18, of the Public Records of Broward County, Florida. SECTION 19: Notwithstanding any other language in this Ordinance to the contrary the following described bodies of water are hereby re -zoned from R-1 zoning to S-1 zoning: A. All Lakes shown on the plat of TAMARAC LAKES SECOND SECTION, according to the plat thereof recorded in Plat Book 59, Page 46, Public Records of Broward County, Florida. B. Parcel "L" of TAMARAC LAKES NORTH, according to the plat thereof recorded in Plat Book 61, Page 7, Public Records of Broward County, Florida. C. Parcel "L" of TAMARAC LAKES SOUTH, according to the plat thereof recorded in Plat Book 62, Page 24 of the Public Records of Broward County, Florida. D. Lake shown on the plat of TAMARAC LAKES NORTH SECOND SECTION, according to the plat thereof recorded in Plat Book 61, Page 8, Public Records of Broward County, Florida; including lake marked "Lake" not included in the plat. SECTION 20: The following described bodies of water are hereby re -zoned from C-1 zoning to S-1 zoning: A. Lake shown on the plat of WOODLANDS SECTION FOUR, according to the plat thereof recorded in Plat Book 66, Page 25, Public Records of Broward County, Florida. dC B. Lake shown on the plat of WOODLANDS SECTION SEVEN, according to the plat thereof recorded in Plat Book 67, Page 41, Public Records of Broward County, Florida. C. Lake shown on the plat of WOODLANDS SECTION EIGHT, according to the plat thereof recorded in Plat Book 67, Page 42, Public Records of Broward County, Florida. D. Lake shown on the plat of WOODLANDS COUNTRY - CLUB, according to the plat thereof recorded in Plat Book 67, Page 30, Public Records of Broward County, Florida. SECTION 21: That all of the "G" Parcels shown on the following plats are hereby re -zoned from R-2 to R--1B zoning: A. WOODLANDS SECTION ONE PHASE ONE, according to the plat thereof recorded in Plat Book 66, Page 23, Public Records of Broward County, Florida. B. WOODLANDS SECTION ONE PHASE TWO, according to the plat thereof recorded in Plat Book 67, Page 23, Public Records of Broward County, Florida. C. WOODLANDS SECTION TWO PHASE ONE, according to the plat thereof recorded in Plat Book 66, Page 23, Public Records of Broward County, Florida. D. WOODLANDS SECTION FIVE, according to the plat thereof recorded in Plat Book 67, Page 43, Public Records of Broward County, Florida. E. WOODLANDS SECTION SIX, according to the plat thereof recorded in Plat Book 67, Page 40, Public Records of Broward County, Florida. F. WOODLANDS SECTION SEVEN, according to the Plat thereof recorded in Plat Book 67, Page 41, Public Records of Broward County, Florida. G. WOODLANDS SECTION EIGHT, according to the plat thereof recorded in Plat Book 67, Page 42, Public Records of Broward County, Florida. SECTION 22: The following described lands in the City of Tamarac are hereby re -zoned from C--1 zoning to R-3U zoning: A portion of Tract 13 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 3, Township 49 South, Range 41 East according to the plat thereof recorded in Plat Book 4, Page 31, Public Records of Broward County, Florida; more particularly de- scribed as follows: Commencing at the Southeast corner of said Tract 13 thence North 880, 32', 53" West along the South line of said Tract 13 a dis- tance of 253.12 feet to the point of beginning of this description, thence continuing alonq said South line of Tract 13 a distance of 1012.97 feet thence North 00, 12', 18" West parallel with and 53 feet East of, as measured and right angles to the West line of said Section 3, a distance of 318.60 feet to a point of curve thence Northerly and Easterly along the arc of a circular curve to the right having a radius of 25 feet an arc distance of 39.99 feet thence South 880, 32', 53" East parallel with the South line of said Tract 13, a distance of 987.07 feet thence South 00, 13', 57" East parallel with the East line of said Tract 13 a distance of 344.33 feet to the point of beginning containing 8.00 acres. SECTION 23: That wherever, in this Ordinance, .land is re -zoned or re-classified, the designated zoning classification to which it is re -zoned or re-classified is intended to be the new classification adopted from the Broward County zoning classifications by this Ordinance, as the same is attached hereto. SECTION 24: Any property which has not been placed in a zoning district, or which has not otherwise been zoned, is hereby classified in an R--1B district, it being the intent of the Zoning Ordinance to regulate and control the use and de- velopment of all land in the corporate limits of the City of Tamarac. SECTION 25: The City Council hereby declares its intent to proceed with professional studies leading to the adoption of and implementation of a comprehensive plan for the City, including the adoption of a new zoning code and land -use criteria. Therefore, nothing herein shall be construed to confirm the propriety of the previous zoning of any property re-classified herein, it being the purpose of such re-clas- sification to merely place such lands in an appropriate "holding" category pending completion of a comprehensive plan. Notwithstanding any other language contained herein, the words "re-classifying" or "re-classified" or other words of similar import when used herein shall be construed to mean "re -zoning" or "re -zoned" whenever the context so requires or admits, it being the City's purpose in using such phrase to merely distinguish those zonings which remain in the same general category, although perhaps narrowing the uses permitted, from those which totally change the nature of the zoning. 1 SECTION 26: That Ordinance No.1-64 of the City of Tamarac be amended by adding thereto the following Article: ARTICLE XVIII NON -CONFORMING USES AND STRUCTURES SECTION 18.1 EXISTING USES Any lawful use of land or structure existing at the effective date of this Ordinance, and which by its terms has become a non -conforming use, is hereby declared not to be in violation at this Ordinance's effective date. Such a non -conforming use shall be subject to all of the provisions of this Article pertaining to its continuance, change and discontinuance. SECTION 18.2 NON -CONFORMING USE - EXTENSIONS The non -conforming use of a building may be extended throughout any part of a building clearly designed for such use but not so used at the effective date of this Ordinance. Any non -conforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the build- ing. No non --conforming use shall be extended to occupy any land outside the building nor any additional building on the same plot, not used for such non -conforming use at the effective date of this Ordinance. The non -conforming use of land shall not be extended to any additional land notso used at the effective date of this Ordinance. SECTION 18.3 NON -CONFORMING USE - REPAIR, ALTERATION ENLARGEMENT No structure utilized for a non -conforming use shall be enlarged, extended, reconstructed or structurally altered, unless the use is changed to one which complies with the provisions of this Ordinance. Provided, that repairs, maintenance and improvement may be carried out in any one year in an amount not to exceed 25 per cent of the assessed value of the structure for that year, and provided that such work does not increase the cubical content of the building nor the floor area devoted to the non -conforming use, nor increase the number of dwelling units. Nothing in this Article shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a non- conforming use. SECTION 18.4 RECONSTRUCTION AFTER CATASTROPHE If any non -conforming structure, or building in which there is a non -conforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catas- trophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed 75 percent of the replacement cost of the building or structure, it shall not be again used or reconstructed except in full con- formity with the regulations of the district in which it is located. SECTION 18.5 CHANGE OF NON -CONFORMING USE 1. In any residential district, any change of a non -conforming use in conforming building shall be to a conforming use. -10- 2. In any Residential District, a non -conforming use in a non -conforming building shall be changed only to a use permitted in the particular Residential Dis- trict involved, except as provided in Paragraph 3 below. 3. There may be change of tenancy, ownership or management of a non -conforming use provided there is no change in the nature or character of such non -con- forming use except as may be permitted by this Ordinance. 4. In a non-residential district, a non -conforming use in a non -conforming structure may be replaced by a new or different use permissable in the same zoning dis- trict as the original non -conforming use or in a more restricted zoning district, if the Board of Adjustment after public hearing finds that the new or different use will be less detrimental to the surrounding neighborhood than the old use, and approves the new or different use as being in accordance with the spirit and purpose of this Ordinance. 5. Any change of a non -conforming use of land, ex- cept as incidental to a change of a non -conforming use of a non -conforming structure permitted and approved under Paragraph 4 above shall be to a conforming use. SECTION 18.6 DISCONTINUANCE OR ABANDONMENT OF A NON -CONFORMING USE 1. If for any reason a non -conforming use of land ceases or is discontinued for a period of more than 60 days, the land shall not thereafter be used for a non- conforming use, except for agricultural uses. 2. If for any reason the non -conforming use of a building ceases or is discontinued for a period of one year or more, the building shall not thereafter be used for a non -conforming use. 3. Any part of a building, structure or land oc- cupied by a non -conforming use, which use is abandoned, shall not again be occupied or used for a non -conforming use. 4. Any part of a building, structure or land oc- cupied by a non -conforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a non -conforming use. SECTION 18.7 CONTINUANCE ON NON -CONFORMING USES AND STRUCTURES Any legal non -conforming use or structure may be continued. SECTION 18.8 UNLAWFUL USE NOT AUTHORIZED Nothing in this Resolution shall be interpreted as authorization for, or approval of the continuation of the use of structure of premises in violation of any Ordinance in effect at the effective date of this Ordinance. SECTION 18.9 DISTRICT OR REGULATION CHANGE The foregoing provisions of this article shall also apply to buildings, structures, land, premises or uses -11- which hereafter become non -conforming due to a change or a re --classification of district or become non- conforming due to a change in district regulations. Where a period of time is specified in this Article for the removal or discontinuance of non -conforming buildings, structures or uses, said period shall be computed from the effective date of such reclassi- fication or change of regulations. SECTION 18.10 NON -CONFORMITY OTHER THAN USE The foregoing provisions of this Article are in- tended to apply only to non -conforming uses, and are not intended to apply to buildings and structures, and their plots, existing at the effective date of this Ordinance which do not meet the regulations of this Ordinance for height, yards, plot, size, plot area, coverage, separation or other similar dimensional requirements or limitations. Any additions, extensions or alterations to such existing buildings or structures shall comply with all applicable provisions of this Ordinance. SECTION 18.11 ILLEGAL USE The casual, temporary or illegal use of land or a building shall not be sufficient to establish the ex- istence in a non -conforming use or to create any rights in the continuance of such a use. SECTION 27: Should any section or provision of this ordinance or any portion thereof, or any paragraph, 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. SECTION 28: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 29: This Ordinance shall become effective im- mediately upon its final passage. PASSED FIRST READING THIS 9 day of 1972. PASSED SECOND READING THIS�� day 1972. PASSED THIRD READING THIS day of 1972. DrZ Ordinance No. 72--6, continued: ATTEST: CITY LERK MAYOR Record of Council Vote Mayor Seltman Vice Mayor Lange Councilman Johnson Councilman Schultz Councilman 2arcone I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE C 1 ATmnRrU Y -13- ARTICLE III ONE -FAMILY DWELLING - R-IB DISTRICT The Following regulations shall apply in all R-IB Districts: SECTION 3.1 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one of the following uses: I. One -family dwelling. 2. Recreation buildings and facilities, playgrounds, playfields, parks, beaches, owned and operated by Federal, State, County or Municipal Government, and Municipal governmental buildings including City Hall, fire and police facilities. 3. Publicly owned and operated library, art gallery or museum. 4. Church, and church or parochial school incidental to a church on the same premises. Such use shall be located on a plot having at least 40,000 square feet of plot area and having at least 200 feet of street frontage. The coverage of all roofed -structures shall not exceed 25 per cent of the plot area. No building or roofed structure shall be located within 40 feet of any other residentially zoned property. No parking area shall be located within 10 feet of any plot line. 5. Sewage list or pumping stations, containing no treatment facilities, subject to the following requirements: a. Where the station is of the underground type, all parts of which are at least 3 feet below grade except for an access tube not over 5 feet in maximum horizontal di- mension extending not over 3 feet above grade, and meters and switches on a post extending not over 5 feet above grade, such access tube and meter or switch post may be located within a utility easement but not less than 15 feet from any street line. If not located in a utility easement, all such above ground structures shall be at least 25 feet from any street line and at least 15 feet from any plot line. b. Where the station is wholly or partially above grade, there shall be a yard at Least 30 feet in depth ad- jacent to all residentially zoned property. These requirements shall supersede the requirements of Sections 3.2, 3.5, 3.6 and 3.7. All yards and plot area shall be landscaped with grass, shrubbery and trees which shall be kept in a healthy, growing condition, properly watered and trimmed. 6. Transformer substation subject to the following require- ments: a. The plot shall be provided with yards not less than 30 feet in depth or width adjacent to all street lines and plot lines of other residentially zoned property and a yard at least 25 feet in depth adjacent to a rear plot line. -14- The yards required under this paragraph shall be fully landscaped with grass, shrubbery and trees, and shall not be used for any fence, wall, build- ing or structure, except that a fence not over 6 feet in height may be erected at least 30 feet from any street line. Minimum driveways or walkways necessary for access may cross required yards. All landscaped areas shall be maintained in a healthy growing condition, properly watered and trimmed. 7. Uses accessory to any of the above uses when located on the same plot and not involving the conduct of any busi- ness, trade, occupation or profession. SECTION 3.2 SIZE OF PLOT Every plot upon which a residential structure is hereafter erected shall not be less in size than the follow- ing: Plot width of 75 feet and plot area of 7,500 square feet. Provided, however, that in areas subdivided prior to the effective date of Zoning Resolution, a plot con- sisting of a lot of record may be utilized for a one - family dwelling. Every plot upon which a permitted non-residential structure or use is erected or placed shall be not less than 100 feet in width and 10,000 square feet area. SECTION 3.3 PLOT COVERAGE The combined area occupied by all principal and accessory buildings shall not exceed 40 per cent of the area of the plot. SECTION 3.4 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding either two stories of 35 feet, except that a steeple or tower on a church may extend to a height of 50 feet. SECTION 3.5 FRONT YARD 1. RESIDENTIAL USES Every plot used for a one -family dwelling shall have a front yard not less than 25 feet in depth. 2. NON-RESIDENTIAL USES Every plot utilized for a non-residential building, structure or use, except accessory buildings, structures or uses, shall have a front yard not less than 30 feet in depth. SWE C� SECTION 3.6 SIDE YARDS 1. RESIDENTIAL USES Every plot used for a one -family dwelling shall have a side yard on each side, each of which shall be at least 7-1/2 feet wide, except that where a plot is less than 60 feet in width, each side yard shall be at least 5 feet in width. 2. NON-RESIDENTIAL USES Every plot utilized for a non-residential building, structure or use, except accessory buildings, structures or uses, shall have a side yard on each side, each of which shall be not less than 20 feet in width with an increase of one foot in width of each side yard for every two feet in height of the structure in excess of 20 feet. 3. CORNER PLOTS Upon corner plots there shall be a front yard as herein - before specified, and in addition thereto a side yard at least 15 feet in width on the side of the plot abutting on the side street. SECTION 3.7 REAR YARD 1. RESIDENTIAL USES Every plot used for a one -family dwelling shall have a rear yard not less than 15 feet in depth. 2. NON-RESIDENTIAL USES Every plot utilized for a non-residential building, structure or use, except accessory buildings, structures or uses, shall have a rear yard not less than 25 feet in depth. SECTION 3.8 MINIMUM FLOOR AREA A one -family dwelling shall have a minimum floor area of 1000 square feet. -16- ARTICLE IV TWO-FAMILY DWELLING R-2 DISTRICTS The following regulations shall apply in all. R-2 Districts: SECTION 4.1 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Any use permitted in an R-lB District subject to the limitations, requirements and procedures specified for such use. 2. Two-family dwelling. 3. Church and church school incidental to church. 4. Uses accessory to any of the above when located on the same plot and not involving the conduct of any business, trade, occupation or profession. SECTION 4.2 SIZE OF PLOT 1. DWELLINGS Every plot upon which a residential structure is erec- ted shall be not less than 60 feet in width and 6,000 square feet in area. 2. NON-RESIDENTIAL USES Every plot upon which a permitted non-residential struc- ture or use, other than an accessory structure or use, is erected or placed shall be not less than 100 feet in width and 10,000 square feet in area. SECTION 4.3 PLOT COVERAGE The combined area occupied by all main and ac- cessory buildings shall not exceed 40 per cent of the area of the plot. SECTION 4.4 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding either two stories or 35 feet, except that a steeple or tower on a church may extend to a height of 50 feet. SECTION 4.5 FRONT YARD 1. RESIDENTIAL USES Every plot used for dwelling purposes shall have a front yard not less than 25 feet in depth. -17- 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a front yard not less than 30 feet in depth. SECTION 4.6 SIDE YARDS 1. RESIDENTIAL USES Every plot used for dwelling purposes shall have a side yard on each side, each of which shall be at least 7-1/2 feet in width. 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a side yard on each side, each of which shall be not less than 20 feet in width, with an increase of one foot in width of each side yard for each 2 feet in height of the structure in excess of 20 feet. 3. CORNER PLOTS Upon corner plots there shall be front yard as here be- fore specified, and also a side yard at least 15 feet in width on the side of the plot abutting on the side street. SECTION 4.7 REAR YARD 1. RESIDENTIAL USES Every plot whose principal use is residential shall have a rear yard not less than 15 feet in depth. 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a rear yard not less than 25 feet in depth. SECTION 4.8 MINIMUM FLOOR AREA The minimum floor area of a one -family dwelling shall be 1,000 square feet and the minimum floor area of a dwelling unit in a two-family dwelling shall be 600 square feet. IN-011 ARTICLE V PLANNED APARTMENT R-4A DISTRICT The following regulations shall apply in all R-4A Districts: SECTION 5.1 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Any use permitted in an R-1B or R-2 District, subject to the limitations,requirements and procedure specified for such use. 2. Multiple dwellings. 3. Private office for a doctor or dentist accessory to a dwelling provided such office does not exceed 25% of the floor space of a dwelling unit occupied by such doctor or dentist and not more than one doctor or dentist practices in such office. 4. Rooming house with not more than 4 rooms for rent. 5. Public, private or parochial: Elementary, junior and senior high schools. Private and parochial schools shall offer curricula substan- tially equivalent to public schools of comparable grades and shall meet the academic requirements of the State Department of Education. 6. Uses accessory to any of the above uses not involving the conduct of any business, trade, occupation or pro- fession, including a distributor transformer station for direct service to customers. SECTION 5.2 SIZE OF PLOT Every plot shall be not less than 1/2 acre in area. SECTION 5.3 HEIGHT No building or structure, or part thereof, shall be erected, or altered to a height exceeding 3 stories or 40 feet. SECTION 5.4 PLOT COVERAGE The combined area occupied by all main and accessory buildings and roofed structures shall not exceed the per cent given in the following table for various heights of building, such height of building being the height of the highest main building: HEIGHT One story Two story Three story HammWanki YW 35 30 30 -19- SECTION 5.5 STREET YARDS 1. Where a street separates the plot from residentially zoned property, there shall be a street yard on the plot adjacent to such street not less than 50 feet in width or depth. 2. Where a street separates the plot from non -residentially zoned property, there shall be a street yard on the plot adjacent to such street not less than 25 feet in width or depth. SECTION 5.6 SIDE YARDS Every plot shall have a side yard on each side, each of which shall be at least 20 feet in width with an in- crease of 1 foot in width for each 2 feet in height of the structure in excess of 20 feet. SECTION 5.7 REAR YARD Every plot shall have a rear yard not less than 20 feet in depth with an increase of one foot in depth for each two feet in height of the structure in excess of 20 feet. SECTION 5.8 PLOT AREA PER DWELLING UNIT Every plot used for dwelling purposes shall provide a plot area per dwelling unit of not less than 2,000 square feet. SECTION 5.9 MINIMUM FLOOR AREA The minimum floor area of a one -family dwelling shall be 1.,000 square feet, the minimum floor area of a dwelling unit in a two-family dwelling shall be 600 square feet, and the minimum floor area of a dwelling unit in a multiple dwelling shall be 400 square feet. SECTION 5.10 SPECIAL YARD Notwithstanding any other provision of the Zoning Regulations, the following requirements shall apply on all plots in R-4A Districts: 1. No part of any street yard within 25 feet of any street shall be used for parking. 2. No accessory building shall be located in any required street yard. 3. No accessory building or roofed structure shall be lo- cated within 25 feet of any side or rear plot line. SECTION 5.11 SITE DEVELOPMENT PLAN 1. No building or structure shall be erected or altered, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless and until a site development plan for such building, structure and/or use shall have been checked by the en- forcing official and by the Zoning Commission for con- formity with the Zoning Ordinance. -20- 2. The site development plan shall include in proper form, detail, dimension and scale, the following: a. The location, character, size and height of all buildings, structures and uses on the plot, including walls or fences. b. Location, character and enclosure of all outside facilities for waste storage and disposal. C. All curb cuts, driveways, parking areas, loading areas. d. All pedestrian walkways, walls, yards and landscaping. e. Location, size, character, height and orientation of all signs other than flat or marquee signs. f. Landscaping. 3. The site development plan shall conform to all applicable provisions of the Zoning Ordinance and shall in addition thereto provide such a design and arrangement of pertinent features and elements of the development and use of the plot as to: a. Protect and minimize any undesirable effects upon contiguous and nearby residential property. b. Provide sufficient offstreet parking and loading facilities so that use of streets in the vicinity for this purpose will not be unavoidable. C. Provide sufficient setbacks and yard spaces adjacent to streets and to residentially -zoned property, with adequate landscaping in such yard and setback areas, in order to protect the appearance and character of the neighborhood. d. Provide sufficient walls, fences, enclosure and/or hedges to prevent or minimize effects of noise, glare, odors, smoke, soot, upon surrounding resi- dential property. SECTION 5.12 MAINTENANCE All setback areas..yards, walkways, driveways, and parking areas shall be maintained and kept in a neat and clean condition, free of refuse and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition, properly watered and trimmed. Any planting of grass, shrubs or tree which becomes dead or badly damaged shall be replaced with similar sound, healthy plant materials. -21- ARTICLE VI MOTEL R-5 DISTRICT The following regulations shall apply in all R-5 districts: SECTION 6.1 USES PERMITTED 1. Hotel, motel, tourist home, lodging house, boarding house, villas, bungalow court. 2. Private club, lodge, fraternity, sorority and other similar uses, not operated for profit. 3. Institutions of an educational, philanthropic or eleemo- synary character, not operated for profit, other than penal or correctional institutions or vocational or trade schools. 4. Medical or dental, office or clinic. 5. Colleges and universities offering courses of study lead- ing to an academic degree and meeting the academic re- quirements of the Southern Association of Colleges and Secondary Schools. 6. Accessory uses and structures, not involving a business, except as provided in Section 6.2 following: SECTION 6.2 SPECIAL ACCESSORY USES 1. Hotels and motels having 50 or more units may have res- taurants, night clubs, dining rooms, or bars which are located in the main building and which are of such design and size as to cater primarily to the guests of the main use, subject to the provisions of all regulations of Broward County and the City of Tamarac. 2. Hotels, apartment hotels, and motels having one hundred or more guest rooms may have retail stores, personal service shops, offices and similar uses for the convenience of their guests. 3. The special accessory uses permitted under Paragraph 1 and 2 above shall be subject to the following limitation and requirements: a. Access to such special accessory uses shall be limited to the interior of the building and there shall be no direct public access from the exterior of the building, provided that the doors for exit purposes only may be located in the exterior walls of the building. b. For each street front, one sign not to exceed 15 square feet in area shall be allowed for each 100 feet of street frontage or fraction thereof, but in no case shall the total of such signs exceed two signs per street frontage. Such signs shall be used to advertise the following accessory uses: restaurants, dining rooms, and cocktail lounges. Such accessory uses may be advertised only upon these permitted s ign s . -22- c. There shall be no show windows or displays relating to such special accessory uses on the exterior of the building or visible from any street, waterway, ocean front or adjacent property. d. The space occupied by such special accessory uses shall be on the interior of the building and there shall be no evidence or indication of the existence of such special accessory uses on or from the exterior of the building. SECTION 6.3 SIZE OF PLOT Every plot shall be not less than 100 feet in width and 10,000 square feet in area, provided that a plot consist- ing of a single lot of record on the effective date of the Ordinance, not less than 50 feet in width, may be utilized for a one -family dwelling. SECTION 6.4 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding 3 stories or 50 feet. SECTION 6.5 PLOT COVERAGE The combined area occupied by all main and accessory -- buildings and structures shall not exceed the per cent given in the following table for various heights of buildings; HEIGHT PER CENT One story 40 Two story 35 Three story 30 SECTION 6.6 PLOT AREA PER RENTAL SLEEPING UNIT Every plot used for hotel or motel purposes shall provide a plot area of not less than 550 square feet per rental sleeping unit. SECTION 6.7 FRONT YARD Every plot shall have a front yard not less than 25 feet. SECTION 6.8 SIDE YARDS 1. PERMITTED USES Every plot utilized for any use permitted in an R-5 Dis- tric shall provide a side yard on each side, each of which shall be at least 10 feet in width, provided that the above required width of side yard shall be increased by 2 feet for each 10 feet, or major fraction thereof, by which the height of the building exceeds 22 feet. -23- 11 Cl 2. CORNER PLOTS Upon corner plots there shall be a front yard as herein - before specified, and a side yard on the side street at least 15 feet in width, unless a greater width is required. SECTION 6.1 REAR YARD Every plot shall have a rear yard not less than 25 feet in depth. SECTION 6.10 MINIMUM FLOOR AREA The minimum floor area of a rental sleeping room in a hotel, motel, lodging house, tourist home or similar use shall be 150 square feet. -24- ARTICLE VII TRAILER PARK T-1 DISTRICT The following regulations shall apply in all T-1 Districts. SECTION 7.1 PURPOSE OF DISTRICT The T-1, Mobile Home Park District, is intended to apply to areas to be used for the parking or placement of mobile homes and travel trailers for occupancy as living quarters, wherein the park is owned or operated as a unit and individual spaces are occupied on a rental basis. SECTION 7.2 USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Mobile home parks for rental of sites for occupancy by mobile homes and/or travel trailers as living quarters, wherein the mobile home park is owned and/or operated as a unit. 2. Accessory uses and structures, not including the conduct of any business, occupation or profession except as per- mitted under Section 7.3 below. 3. The sale, by its owner or licensed dealer, of used mobile homes or travel trailers on sites presently or previously occupied by the owner of such mobile home or travel trailer. The sale of the new display models by licensed dealers preparatory to occupancy on that site. 4. Storage or parking of mobile homes or travel trailers on sites preparatory to occupancy or between periods of occupancy. SECTION 7.3 SPECIAL ACCESSORY USES A mobile home park providing space for 40 or more mobile homes or travel trailers may have retail stores and personal service shops for the care of treatment of the occupants or their clothing, subject to the following limitations and requirements: 1. Such uses are wholly conducted within a completely enclosed building. 2. There are no signs or displays visible from any street, indicating such uses. 3. Such uses are conducted for the convenience of occupants of the mobile home park and not normally made available to other persons. SECTION 7.4 PROHIBITED USES The permissible uses enumerated in Sections 7.2 and 7.3 shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: -25- 1. Display or sale of used mobile homes or travel trailers, except an occupied mobile home, or an unoccupied mobile home or travel trailer previously occupied on the same site, may be sold on that site by its owner or licensed dealer. 2. Any service station, service or repair garage. 3. No second-hand or used merchandise shall be offered for sale, displayed or stored on the premises except as in- cidental to the bona -fide sale of a mobile home or - travel trailer. 4. No animals, reptiles, insects, poultry or fowl, shall be raised or kept in any mobile home park, except where a park has special facilities to take care of not more than one domestic animal per mobile home or travel trailer. 5. Dwelling units or living quarters except in a mobile home or travel trailer or as an accessory use. 6. Occupancy of a site by a mobile home or travel trailer for living quarters except on a rental basis. 7. A separate utility building on any mobile home site, except for a demountable, code -approved storage closet. 8. No cooking or sanitary facilities shall be installed or maintained on any mobile home or travel trailer site in any building or structure other than in the mobile home or travel trailer. 9. Storage or parking of mobile homes or travel trailers ex- cept when a mobile home or travel trailer is located on a site preparatory to occupancy or between periods of occupancy. SECTION 7.5 PLOT SIZE Every plot shall not be less than 100 feet in width and one-half acre in area. The required 100-foot minimum width need not be measured at a street line if the plot ex- tends to a street by means of a strip at least 50 feet in width. SECTION 7.6 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding two stories or 30 feet. SECTION 7.7 MINIMUM SITE REQUIREMENTS 1. A mobile home consisting of one or more units designed as a single dwelling shall be placed upon a site not less than 2,400 square feet in area and not less than 40 feet in average width. 2. A travel trailer shall be placed upon a site not less than 1,000 square feet in area and not less than 30 feet in average width. SECTION 7.8 YARDS Every plot used for mobile home park purposes shall provide yards as follows: -26- 1. FRONT YARD Every plot shall have a front yard not less than 25 feet in depth, and this minimum depth of yard shall be pro- vided on all streets upon which the plot abuts. 2. SIDE YARDS Each side of every plot shall have a side yard not less than 10 feet in width. 3. REAR YARD Every plot shall have a rear yard not less than 15 feet in depth. 4. No accessory building or structure shall be placed in any required yard space. SECTION 7.9 SEPARATION No part of any mobile home or travel trailer, or any addition or appurtenance thereto shall be placed within 10 feet of any other mobile home or travel trailer, addition or appurtenance thereto. No part of any mobile home or travel trailer or addition or appurtenance thereto shall be located within 25 feet of any accessory or service building or structure used in connection with a mobile home park. SECTION 7.10 ACCESS TO SITES Each site shall abut upon a driveway or unobstructed space, not less than 30 feet in width, which space shall have unobstructed access to a street. Such driveway or space shall have a hard surfaced roadway not less than 20 feet in width and shall be adequately lighted. SECTION 7.11 PORCHES AND ADDITIONS 1. Structures of a permanent nature shall not be added or attached to a mobile home or travel trailer unless such mobile home or travel trailer is placed upon a site con- forming to the minimum requirements for a mobile home. 2. On travel trailer sites there shall be no addition or attachment except a demountable canvas awning. 3. Structures of a permanent nature added or attached to a mobile home or travel trailer such as enclosed porches, screened enclosures, storage closets and carports shall conform to all applicable provisions of the Broward County Building Code. The total combined area of all such additions or attachments shall not exceed the gross area of the mobile home or travel trailer itself. Car- ports not included in the above limitation of area, if the width of site is adequate for separation requirements. 4. All portable or demountable awnings, roofs or appurtenances which do not meet the requirements of Paragraph 3 above shall be dismantled and stored either within the mobile home or travel trailer or in some permanent building during the following circumstances: a. Within one hour after all hurricane alerts by the U. S. Weather Bureau. b. If the mobile home or travel trailer is not to be occupied for a period of 30 days or more. -27- 1 1 SECTION 7.12 HEALTH AND SANITATION 1. WATER SUPPLY Fresh water supply shall be available to each mobile home site and within 100 feet of every dependent travel trailer site. 2. TOILETS No dependent travel trailer site shall be more than 200 feet from approved toilet facilities. 3. Provisions shall be made for the semi -weekly removal of all garbage, trash and refuse from the mobile home park. 4. OCCUPANCY The number of occupants of a trailer and its porch or additions shall be limited to the sleeping accommoda- tions for which the trailer was designed. 5. The sanitary regulations of the State and County shall be complied with as to all fixtures installed or main- tained. Mobile home parks shall provide at least one septic tank of 1800 gallons capacity, which shall be increased as required by the County Health Department Regulations if more than 20 trailers are accommodated. IM-12 ARTICLE VIII ROW HOUSE R-3U DISTRICTS The following regulations shall apply in all R-3U Districts: SECTION 8.1 PURPOSE OF DISTRICT The R-3U, Row House District, is intended to apply to areas to be used for the construction of dwellings containing three or more dwelling units, which are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by one or a group of owners. SECTION 8.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following specified uses: 1. Any use permitted in an R-2 District, subject to all limitations and requirements specified in the Zoning Ordinance for such use in that District. 2. Multiple dwellings which are designed, arranged and con- structed for the ownership of each dwelling unit and the land thereunder by a separate and different owner. 3. Uses accessory to any of the above when located on the same plot and not involving the conduct of any business, trade, occupation or profession. SECTION 8.3 1. DWELLINGS SIZE OF PLOT Every plot upon which a residential structure is erected shall be not less than 60 feet in width and 6,000 square feet in area, provided that each dwelling unit of a mul- tiple family dwelling may be located on a lot not less than 20 feet in width and 100 feet in depth, except that a portion of a common party wall separating two such separate dwelling units may be located on an adjoining lot. 2. NON-RESIDENTIAL USES Every plot upon which a permitted non-residential struc- ture or use, other than an accessory structure or use, is erected or placed shall be not less than 100 feet in width and 10,000 square feet in area. SECTION 8.4 PLOT COVERAGE The combined area covered by all main and accessory buildings and roofed structures shall not exceed 40 per cent of the area of the 'plot. SECTION 8.5 HEIGHT No building or structure, or part thereof shall be erected or altered to a height exceeding two stories or 30 feet, except that a steeple or tower on a church may extend &I&B to a height of 50 feet. SECTION 8.6 FRONT YARD 1. RESIDENTIAL USES Every plot used for dwelling purposes shall have a front yard not less than 25 feet in depth. 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a front yard not less than 30 feet in depth. SECTION 8.7 SIDE YARDS 1. RESIDENTIAL USES Every plot used for a one -family or a two-family dwelling shall have a side yard on each side, each of which shall be at least 7-1/2 feet in width. Every plot used for a multiple dwelling shall have a side yard on each side, each of which shall be at least 10 feet in width provided that where a multiple dwelling in the form of a row house is erected on three or more platted lots with the dividing party walls between separate dwelling units centered on the common lot line between two platted lots, a side yard shall not be required adjacent to and on either side of said common lot line. 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a side yard on each side, each of which shall be not less than 20 feet in width, with an increase of one foot in width of each side yard for each two feet in height of the structure in excess of 20 feet. 3. CORNER PLOTS Upon corner plots there shall be a front yard as herein - before specified and also a side yard at least 15 feet in width on the side of the plot abutting on the side street. SECTION 8.8 REAR YARD 1. RESIDENTIAL USES Every plot whose principal use is residential shall have a rear yard not less than 15 feet in depth. 2. NON-RESIDENTIAL USES Every plot whose principal use is non-residential shall have a rear yard not less than 25 feet in depth. SECTION 8.9 MINIMUM FLOOR AREA =0 1 The minimum floor area of a one -family dwelling in a separate detached building shall be 1,000 square feet. The minimum floor area of a dwelling unit in a two-family dwelling shall be 600 square feet. The minimum floor area of a dwell- ing unit in a multiple dwelling shall be 600 square feet. SECTION 8.10 LIMITATIONS AND SPECIAL REQUIREMENTS 1. Property to be zoned in an R-3U District shall be platted under a subdivision plat of record, into lots of such size as will meet the minimum requirements for sites for in- dividual units of a multiple dwelling for ownership by separate and different owners. 2. The party walls, which separate and define the individual dwellings of a multiple dwelling, shall be centered on the dividing lot lines of the recorded subdivision plat required under Paragraph 1 above. 3. No row house structure developed under this Section shall exceed 150 feet in length and no row house structure shall contain more than 6 units. 4. Every plot used for multiple dwellings shall provide a plot area per dwelling unit of not less than 3,600 square feet. -31- ARTICLE IX RECREATIONAL S-1 DISTRICT The following regulations shall apply in all S-1 Districts: SECTION 9.1 PURPOSE OF DISTRICT The S-1, Recreational District, is intended for outdoor sports and recreational activities in which participants may be actively or passively engaged. The activities for which the S-1 District is provided are normally and primarily con- ducted in the open air while related accessory uses may be in the open air or in a building or structure. The func- tional characteristics of an S-1 District may require its location within, or in close relationship to, residential areas, public recreational areas or scenic areas. Because of the nature of uses involved and the variety of arrange- ment of uses and facilities on the site plan of development, broad general regulations for plot size, yards, setbacks and height must be adequate for any location at which an S-1 District may be established. SECTION 9.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses, subject to the procedure specified in Section 9.4 following: 1. Country Club 2. Golf Course 3. Shuffleboard Court 4. Swimming Pool 5. Tennis Courts 6. Neighborhood or community club operated by non- profit or public corporation 7. Public parks and open spaces. The operation of any recreation area shall, regard- less of anything else in the ordinance,be subject to the reasonable control and direction of the City of Tamarac, its City Council, as regulatory authorities. SECTION 9.3 USES PROHIBITED The permissible uses enumerated in Section 9.2 above shall not be construed to include, either as a principal or accessory use any of the following which are listed for emphasis: 1. Any business or commercial use not permitted as a principal use. 2. Any industrial or manufacturing use. 3. Drive-in theatre, drive-in restaurant or drive-in refreshment stand. 1991M SECTION 9.4 SITE DEVELOPMENT PLAN The site development plan for a plot in an S-1 District shall provide for such an arrangement and location of uses and facilities on the plot as to give maximum possible separ- ation from, and protection to, contiguous and nearby resi- dential property. Where the nature of the activities or facilities on the plot present any potential hazard or detriment to contiguous residential properties from noise, glare, odors, smoke, vibration, flying objects or traffic, protection to such contiguous residential properties shall be provided in the form of open space, fences, walls, hedges, enclosures and/or by such other means as may be appropriate and effective to prevent or minimize such hazards. SECTION 9.5 LANDSCAPING All required yards and open spaces adjacent to streets and contiguous to residential property shall be planted and properly maintained with suitable planting in form of grass, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood. Any site upon which a golf course is developed shall be landscaped and maintained in a neat and clean, live, healthy and growing condition, properly watered and trimmed, free of any structure, refuse or debris, for a distance of not less than 100 feet from any abutting property zoned for residential use. SECTION 9.6 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding 40 feet. SECTION 9.7 PLOT SIZE Every plot shall be not less than 100 feet in width and 10,000 square feet in area. SECTION 9.8 YARDS 1. No parking area shall be located within 10 feet of any residentially zoned property. 2. No structure, except fences or walls as hereinafter provided., shall be located within 20 feet of any residentially zoned property nor within 25 feet of any street line. 3. No building or roofed portion of any structure shall be located within 25 feet of any plot line. 4. No required open space, yard or setback area shall be used or developed for any purpose other than by land- scaping and by the minimum amount of walkways and/or driveways reasonably necessary to serve the permitted S-1 uses. -33- SECTION 9.9 FENCES 1. No fence or wall shall be erected within 25 feet of any street line. 2. No fence or wall situated within 10 feet of any resi- dentially zoned property shall exceed 5 feet in height. 3. No hedge or continuous planting exceeding 5 feet in height shall be placed or maintained within 10 feet of any residentially zoned property. -34- ARTICLE X NEIGHBORHOOD BUSINESS B-1 DISTRICT The following regulations shall apply in all B-1 Districts: SECTION 10.1 PURPOSE OF DISTRICT The B-1 Neighborhood Business District, is intended primarily to meet the local neighborhood shopping and per- sonal service needs of a limited surrounding residential area. Retail stores permitted therein are intended to include primarily convenience goods which are usually a daily necessity for a residential neighborhood. SECTION 10.2 USES PERMITTED 1. The following kinds of retail stores: Confectionery, dairy products, dressed poultry, drug, florist, fruit and vegetable, garden supply, gift, grocery, hardware, hobby supply, ice cream, jewelry, meat market, music, notions, pet supply, seafood, souvenir, sundry, supermarket, tobacco, toy variety, wearing apparel. 2. Bakery or delicatessen, provided all preparation of food is for retail sale on the premises, and the ser- vices of not more than 6 persons are utilized in any such establishment. 3. The following personal services: Barber, beauty parlor, hat cleaning and blocking, pressing and mending, shoe repair, shoe shine. 4. The following miscellaneous uses: Day nursery, dressmaking, laundry and dry-cleaning pickup station, medical and dental offices, non- alcoholic beverage bar, nursery school, restaurant, self-service ice stations, tailor, watch and jewelry repair, self-service laundry, business and professional offices. 4.a. Self-service coin -operated dry cleaning establishments, subject to the following limitations and requirements: a. Service shall be rendered directly to customers who shall bring in and take away the articles to be cleaned. b. The establishment shall not provide pick-up or delivery service. C. The customers shall operate the machines provided to do their own dry cleaning. d. The services of not more than 3 persons shall be utilized in the operation of the establishment. e. Not more than 10 individual cleaning units shall be used in any establishment, and the total com- bined rated capacity shall not exceed 80 pounds. 191612 f. The entire cleaning and drying process shall be carried on within completely enclosed solvent re- claiming units. g. All solvents used in the cleaning process and the vapors therefrom shall be non -explosive and non- flammable. 5. Automobile parking lot and parking garage. 6. Church, private or parochial school, nursery school or child care center, non-profit private club. 7. Accessory uses and structures. 8. One -family dwelling on plots the use of which is re- stricted by valid restrictive covenants of record to such residential. use. 9. Sewage lift or pumping stations, containing no treat- ment facilities, subject to all the requirements of Section 3.1. Paragraph 5. 10. Hospitals, sanitariums, convalescent homes, nursing homes. SECTION 10.3 USES PROHIBITED The permissible uses enumerated in Section 10.2 above shall not be construed to include, either as a principal or accessory use, any of the following, which are listed for emphasis: 1. Automobile, truck, trailer, motorcycle, boat or machinery sale, storage or service, including repair garages, used car lots, service stations and auto laundries. 2. Mortuaries. 3. Drive-in restaurants or refreshment stands. 4. Wholesale establishments. 5. Pawn shops. 6. Sales, storage or display of lumber or building materials. 7. Theatres, night clubs, establishments for consumption of alcoholic beverages on the premises. 8. Plumbing, electrical or sheet metal shops. 9. Animal hospitals and veterinary clinics. 10. Cabinet or carpenter shop. 11. Storage or warehouse uses except as incidental to a permitted use. -36- 12. Advertising sign. 13. Any other use first permitted in a less restricted district. SECTION 10.4 LIMITATIONS ON USES 1. Except for automobile parking lots, all activities of permitted uses, including sale, display, preparation and storage, shall be conducted entirely within a com- pletely enclosed building. 2. No second hand or used merchandise shall be offered for sale, displayed, or stored. 3. All products produced shall be sold at retail in con- nection with a permitted use. 4. No retail store shall have a floor area open to the public, including display, service and sales, greater than 5000 square feet. SECTION 10.5 HEIGHT 1. No building or structure shall be erected or altered for a use first permitted in a B-1 District to a height exceeding two stories or 30 feet. 2. No building.or structure shall be erected or altered for any other use permitted in a B-1 District to a height exceeding four stories or 50 feet. SECTION 10.6 PLOT SIZE There shall be no minimum required width or area of plot. SECTION 10.7 YARDS I. Where a B-1 District is separated by a street from a Residential District, then any plot in such Non - Residential District adjacent to the separating street shall be provided with a yard at least 25 feet in depth along such separating street. 2. Where a B-1 District directly abuts on a Residential District without any separator between them such as a street, alley, canal or other public open space, then any plot in such non-residential district shall be provided with a yard at least 25 feet in depth adjacent to the residentially -zoned property. -37- ARTICLE X1 COMMUNITY BUSINESS B-2 DISTRICTS The following regulations shall apply in all B-2 Districts: SECTION 11.1 PURPOSE OF DISTRICT The B-2, Community Business District, is intended pri- marily to meet the shopping and limited service needs of several neighborhoods or a substantial territory. Retail stores are intended to include convenience, fashion and durable goods. B-2 Districts may be located along traffic arteries or in concentrated shopping centers. SECTION 11.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Any use permitted in a B-1 District. 2. Hotel or motel. 3. The following kinds of retail stores, and other similar thereto: antiques, art supply, automobile accessory, automobile new parts, bait and tackle, boat and marine motors in buildings, business machines, camera and photographic supply, corsetiere, department, dry goods, furniture, furrier, greeting cards, home appliances, household furnishings, leather goods and luggage, linens, fabrics and draperies, millinery and modiste, musical instruments, newsstand, office furniture and equipment, optical goods, package liquor, paint, pets, sporting goods, stationery and books, television, radio and phonograph, wallpaper, swimming pool supplies and equipment, dairy supplies and equipment not including feed or fertilizers, take-out food service stores in- cluding home delivery. 4. The following services: Bath and massage parlors, com- mercial gymnasiums, service stations, fur storage, health institutions, radio, television and phonograph repair in- cidental to sales, reducing studio, quick -service laundry, utility trailer display and storage incidental to a service station with not more than 5 such trailers for rental purposes. 4.a. Dry cleaning establishment for direct service to cus- tomers, subject to the following limitations and re- quirements: a. Service shall be rendered directly to customers who bring in and pick up the articles to be dry-cleaned. b. The establishment shall not provide pick-up or de- livery service. C. The services of not more than S persons shall be utilized in the operation of the establishment. d. Not more than two cleaning units shall be used in any establishment, neither of which shall have a IM e. rated capacity in excess of 40 pounds. The entire cleaning and drying process carried on within completely enclosed reclaiming units. shall be solvent - f. All solvents used in the cleaning process and the vapors therefrom shall be non -explosive and non- inflammable. 5. The following amusement and recreation uses: Aquarium, assembly hall, night club, music hall, bar, tavern, pool or billiard room, theatre, museum, exhibits, amusement devices such as penny arcades, peep shows, shooting galleries, games of skill and science, as- trologists, fortune telling, palmistry, phrenology. 6. The following office types of uses: Banks and financial institutions, business and professional offices, custom brokers and manufacturers agency, employment office, governmental offices, messenger office, post office, public utility offices, stock broker, stock exchange, telegraph office, ticket office, travel agency, news- paper office. 7. The following water -related uses: Boat and marine motor service and repair while boats are in water, boat rental, livery and hire, charter boats, group fishing boats, commercial wharves, piers, slaps and anchorages, sightseeing and excursion boats. 8. The following miscellaneous uses: Art, charm, dancing, dramatic or music schools, business or commercial school, artist studio, auction of art goods, jewelry, rugs and the like, costumer, dental laboratory, interior decorator, motor bus terminal, lawn furniture sale, photographic studio, radio and television studios, day nursery or nursery school, mortuary or funeral home, not including ambulance service, except for transportation of human remains. 9. The following non-commercial types of uses: Church, church school and uses accessory thereto; library, museum and similar institutions of a non-profit char- acter; publicly -owned or operated buildings or uses, including community buildings, parks, playgrounds, but not including dump, sanitary fill or incinerators; private club, lodge, fraternity and similar uses not operated for profit. 10. Accessory uses and structures, including an automatic car wash rack as an accessory use to a service station when the plot occupied by the service station and ac- cessory uses has not less than 135 feet of street frontage, and 27,500 square feet of area. 11. Self-service coin -operated auto wash, wherein the customer performs all services in washing, cleaning, and drying. There shall be a continuous unpierced masonry wall five feet in height on all plot lines except street plot lines. SECTION 11.3 USES PROHIBTTED The permissible uses enumerated in Section 11.2 above shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: -39- 1. Automobile, truck, trailer, motorcycle, or machinery sales, display, storage or repair, including repair garages, new car agencies, used car lots and auto laundries, except for a specifically permitted acces- sory automatic car wash rack. 2. Vocational schools, except as specifically permitted. 3. Drive-in theatres, drive-in restaurants, or drive- in refreshment stands. 4. Sulk sales, storage or display of lumber or building materials. 5. Wholesale establishments. 6. Pawnshop. 7. Display or sale of second --hand or used merchandise ex- cept in antique store or in connection with a permitted auction. 8. Cabinet, carpenter, plumbing, electrical, sign or sheet metal shops. 9. Animal hospital or veterinary clinic. 10. Storage or warehouse uses except as accessory to a permitted use. 11. Any other use first permitted in a less restricted district. SECTION 11.4 LIMITATIONS OF USES 1. Except for automobile parking lots, drive-in banks and filling stations, all activities of permitted uses, in- cluding sale, display, preparation and storage shall be conducted entirely within a completely enclosed building, provided that drive-in type retail stores may conduct sales through open doors or windows. 2. No second-hand or used merchandise shall be offered for sale, displayed or stored except in an antique store, or an incidental to the sale of new merchandise. 3. All products produced incidental to a permitted use shall be sold at retail on the premises. SECTION 11.5 HEIGHT No building or structure shall be erected or altered to a height exceeding 50 feet. SECTION 11.6 PLOT SIZE of plot. There shall be no minimum required width or area -40- LJ SECTION 11.7 YARDS 1. Where a B-2 District is separated by a street from a Residential District, then any plot in such Non - Residential District adjacent to the separating street shall be provided with a yard at least 25 feet in depth along such separating street. 2. Where a B-2 District directly abuts on a Residential District without any separator between them such as a street, alley, canal or other public open space, then any plot in such non-residential district shall be provided with a yard at least 25 feet in depth ad- jacent to the residentially -zoned property. MIC ARTICLE XII PLANNED BUSINESS CENTER B-2A DISTRICT The following regulations shall apply in all B-2A Districts: SECTION 12.1 PURPOSE OF DISTRICT The B-2A Planned Business Center District is intended for locations where there is a need for proper design of buildings and structures, access and circulation and relation to sur- rounding areas to provide for efficient functioning of the permissible uses, expecially business uses, and for adequate protection to adjacent and nearby residential areas. The objectives can b�6nly defined in general terms, and their realization can only be attained by adequate yards, setbacks and limitation on principal and accessory uses where the plot is contiguous or near residentially -zoned property. SECTION 12.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than one or more of the following specified uses: 1. Any use permitted in B-2 Districts. SECTION 12.3 USES PROHIBITED The permissible uses enumerated in Section 12.2 above shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: 1. Any use listed as prohibited in a B-2 District. SECTION 12.4 LIMITATIONS ON USES 1. Except for automobile parking lots, all activities of permitted uses, including sales, display, preparation and storage shall be conducted entirely with a com- pletely enclosed building unless otherwise indicated, and approved, in a site development plan. 2. No secondhand or used merchandise shall be offered for sale, displayed or stored except in an antique store. 3. All products produced incidental to a permitted use shall be sold at retail on the premises. 4. Any plot in a B-2A District, having a common plot line with a residentially -zoned district, shall be separated from such district by a substantial, continuous, masonry wall, a minimum of 6 feet in height, so designed and constructed as to prevent horizontal vision through such wall, along the common plot line. Such walls shall not extend closer to a street line that the required depth or width, of yard on the residentially -zoned property adjacent to the B-2A zoned plot. SECTION 12.5 SITE DEVELOPMENT PLAN 1. No building or structure shall be erected or altered, or land or water used, or any change of used consummated, nor shall any building permit be issued therefore, unless -42- and until a site development plan for such building, structure and/or use shall have been checked by the Enforcing Official and by the Zoning Commission for conformity with the Zoning Ordinance. 2. The site development plan shall include in proper form, detail, dimension and scale, the following: a. The location, character, size and height of all buildings, structures and uses on the plot, in- cluding walls or fences. b. Location, character and enclosure of all outside facilities for waste storage and disposal. C. All curb cuts, driveways, parking areas, loading areas. d. All pedestrian walkways, walls, yards, landscaping and landscape watering facilities. e. Location, size, character, height and orientation of all signs other than flat or marquee signs. 3. The site development plan shall conform to all applicable provisions of the Zoning Ordinance and shall in addition thereto provide such a design and arrangement of pertinent features and elements of the development and use of the plot as to: a. Protect and minimize any undesirable effects upon continguous and nearby residential property. b. Provide sufficient offstreet parking and loading facilities so that use of street in the vicinity for this purpose will not be unavoidable. C. Provide sufficient setbacks and yard spaces adjacent to streets and to residentially zoned property, with adequate landscaping in such yard and setback areas, in order to protect the appearance and character of the neighborhood. d. Provide sufficient walls, fences, enclosures and/or hedges to prevent or minimize effects of noise, glare, odors, smoke, soot, upon surrounding residential property. SECTION 12.6 HEIGHT No building or structure shall be erected or altered to a height exceeding 35 feet. SECTION 12.7 PLOT SIZE Every plot shall be not less than one acre in area. SECTION 12.8 YARDS AND SETBACKS 1. Where a B-2A District is separated by a street from a Residential District, then any plot in such Non -Residential District adjacent to the separating street shall be pro- vided with a yard at least 25 feet in depth along such separating street. -43- E 2. Where a B-2A District directly abuts on a Residential District without any separator between them such as a street, alley, canal or other public open space, then any plot in such non-residential district shall be pro- vided with a yard at least 25 feet in depth adjacent to the residentially -zoned property. 3. Every plot shall be provided with an open space area at least 25 feet in depth adjacent to all streets. These open space areas shall not be used for fences, walls, signs, lighting standards, parking, loading or for any other structure or purpose other than for driveways and walkways as hereinafter provided. All open space areas shall be fully landscaped with grass, shrubbery and trees except where crossed by permissible driveways or walkways. 4. Driveways and walkways which may cross required open space areas shall be limited as follows: a. No driveway shall exceed 20 feet in width, and no walkway shall exceed 6 feet in width. b. Total width of driveways and walkways measured along each street line shall not exceed 20 per cent of the plot frontage along that street C. No driveway or walkway shall be located nearer than 20 feet to any other driveway or walkway. d. No driveway shall be located nearer than 25 feet to a street intersection. e. No driveway or walkway shall be located nearer than 25 feet to any residentially zoned property, nor nearer than 10 feet to the plot line of any other property. 5. All buildings and roofed structures shall be located not less than 15 feet, plus one foot for each foot of building height (including projecting roof signs) over 15 feet, from all residentially zoned property, and not less than 25 feet from all street lines. SECTION 12.9 MAINTENANCE All setback areas, yards, walkways, driveways, and parking areas shall be maintained and kept in a neat and clean condition, free of refuse and debris. All landscaped areas shall be maintained in a live, healthy and growing condition, properly watered and trimmed. Any planting of grass, shrubs or trees which become dead or badly damaged shall be replaced with similar sound, healthy plant materials. -44- ARTICLE XIII GENERAL BUSINESS B-3 DISTRICT The following regulations shall apply in all B-3 Districts: SECTION 13.1 PURPOSE OF DISTRICT The B-3, General Business District, is intended to apply to arterial streets and traffic ways where business establishments primarily not of a neighborhood or community service type may properly locate to serve large sections of the city and metropolitan area. Such businesses generally require considerable ground area, do not cater directly to pedestrians and need a conspicuous and accessible location convenient for motorists. SECTION 13.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Any use permitted in a B-2 District. 2. New or used automobile, truck and trailer display, sales and repair. Repair and service garage, not including bumping and painting. Auto laundry. Display and storage of not more than 10 utility trailers for sale or rental purposes. 3. Boat sales. 4. Home appliance repair, hand laundry, job printing.shop, locksmith, sharpening and grinding, radio, television and phonograph repair, newspaper printing plant. 5. Archery range, barbecue stand, boxing or sports arena, drive-in restaurant, or refreshment stand, golf driving range, miniature golf course, bowling alley, pony ride and pony riding ring, skating rink, swimming pool, drive- in theatre. 6. Armory, lodge hall, pawn shop, telephone exchange, taxi- dermist, veterinary, research and testing laboratory, pest control agency, plant nursery or landscaper. 7. Tire and battery store, retail plumbing and electrical fixtures, lawnmower rental, sales and service, ship chandlery, upholstering shop utilizing the services of not more than four persons on the premises and occupying not more than 4,000 square feet of floor space, offices of electrical and plumbing contractors including not over 4,000 square feet of enclosed storage and shop space, with no outside or open air storage of supplies or mater- ials, used furniture and household appliances entirely within a fully enclosed building. 8. Accessory uses and structures. 9. Milk distributing stations, on a site not less than 2 acres in area, 200 feet in depth and 200 feet in width. 10. Sale of used auto parts or motorcycles, inside a fully en- closed building. Sign painting, inside of a fully enclosed building. Glass and mirror shop, awning and canvas shop, furniture repair shop, upholstering shop. 11. Storage warehouse and warehouse for above uses. -45- SECTION 13.3 USES PROHIBITED The permissible uses enumerated in Section 13.2 above shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: 1. Open air sale or display of machinery, farm implements, construction equipment. 2. Manufacturing, except as accessory to a permitted use. 3. Any use first permitted in a less restricted district. SECTION 13.4 LIMITATIONS ON USES All products produced incidental to a permitted use shall be sold at retail on the premises. SECTION 13.5 HEIGHT No building or structure shall be erected or altered to a height exceeding 50 feet. SECTION 13.6 PLOT SIZE There shall be no minimum required size of plot. SECTION 13.7 YARDS 1. Where a B-3 District is separated by a street from a Res- idential District, then any plot in such Non -Residential District adjacent to the separating street shall be pro- vided with a yard at least 25 feet in depth along such separating street. 2. Where a B-3 District directly abuts on a Residential Dis- trict without any separator between them such as a street, alley, canal or other public open space, then any plot in such non-residential district shall be provided with a yard at least 25 feet in depth adjacent to the residentially - zoned property. -46- ARTICLE XIV AGRICULTURAL -EXCAVATION A-5 DISTRICT The following regulations shall apply in all A-5 Districts: SECTION 14.1 PURPOSE OF DISTRICT The A-5, Agricultural -Excavation District, is intended to apply to undeveloped areas, the future character of which is undetermined, wherein there are natural deposits which can be removed without serious damage to the ultimate development of the County. SECTION 14.2 USES PERMITTED No building or structure or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Sand, gravel, rock or stone pit or quarry or other operation, involving the extraction or mining of natural material. Removal of earth or top soil. 2. Crushing, screening and processing of materials mined or excavated on the premises, including concrete batching or mixing and asphalt mixing. 3. Accessory uses and structures. SECTION 14.3 USES PROHIBITED The permissible uses enumerated in Section 14.2 above shall not be construed to include, either as a principal or accessory use any of the following which are listed for emphasis: 1. Manufacturing or industrial establishments, except in- cidental to mining operations on the premises. 2. wholesale, warehouse or storage establishments. 3. Junk yards, house wrecking yard, automobile wrecking, used auto parts, display, storage or sale. 4. Automobile, truck or trailer: display, storage, service, repair or sale. 5. Oil, asphalt or petroleum products: drilling, removal, storage, processing or sale, except incidental to mining operations on the premises. 6. Building supplies or material: display, storage or sale. 7. Contractor, construction or equipment yard. 8. Display, storage or sale of merchandise. SECTION 14.4 HEIGHT No building or structure, or part thereof, shall be erected or altered to a height exceeding 50 feet. -47- ARTICLE XV LIGHT INDUSTRIAL M--I DISTRICTS The following regulations shall apply in all M-I Districts: SECTION 15.1 PURPOSE OF DISTRICT The M-I Light Industria-1 District is intended primarily for the manufacture of small articles and non -objectionable products not involving the use of any materials, processes or machinery likely to cause undesirable effects upon nearby or adjacent residential or business property. The M-I District may directly abut a residential or business district and the activities permitted in an M-I District are intended to be such as may be compatible with such neighboring districts under the yard and separation regulations provided. In order to minimize conflict and preserve the M--I Districts for their primary purposes, residential and institutional uses are not permitted therein. SECTION 15.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one or more of the following uses: I. Any use permitted in a B-3 District, except as prohibited in Section 15.3. 2. Manufacture of the following : Brooms and brushes Candy Cigars, cigarettes or snuff Cosmetics and toiletries, except soap Clothing and hats Ceramic products, electrically fired Candles Dairy Products Ice Cream Jewelry Leather goods and luggage Optical equipment Orthopedic and medical appliances Pottery, electrically fired Perfume Pharmaceutical products Precision instruments Plastic products, except pyroxylin Paper products, and cardboard products Silverware Spices and spice packing Stationery Shoes Television, radio and phonograph 3. Manufacture of products from aluminum, brass, bronze, copper, steel, or other metal or from bone, cloth, hair, leather, paper, rubber, shell, plastic wood or -49- other materials, provided power not in excess of 20 horsepower on any one motor is utilized in the opera- tion of any one machine such as: Artificial flowers, feathers or plumes Bags Buttons or novelties Canvas products Food products, chewing gum, syrups, fruit juices, ex- tracts, drugs or medicines Electrical fixtures Electronic devices Hardware and cutlery Musical instruments Small parts and devices 4. Any of the following: Bakery Cutting or blending of liquor Cheese making Carpenter and cabinet shop Electroplating Egg storage, candling or processing Hydroponic garden Hatchery, fish or fowl Motion picture studio Pattern making Printing, publishing, lithography and engraving Stamping, dieing, shearing or punching of metal not over 1/8 inch in thickness Tool, die and gauge shop Transformer and electrical switching station Boat building and repair, up to 45 foot length, when located more than 500 feet from residentially zoned property Plumbing or electrical shop entirely within an enclosed building Slat house Manufacture of water based and/or epoxy based coatings, adhesives, sealants, and paints Manufacture of powder blends, potting compounds and plastisols Sewage treatment plant existing on date of adoption of this Ordinance Municipal parking lot for open air storage of automobiles, trucks, campers, trailers, mobile homes, boats and other similar items accepted by the City of Tamarac for storage. 5. Warehouses and storage buildings. 6. Accessory uses and structures. SECTION 15.3 USES PROHIBITED The permissible uses enumerated in Section 15.2 above shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: -50- 1. The manufacture of any product or the utilization of any process or operation expressly specified for an M-2 District. 2. Foundry 3. Drop Forging 4. Stamping, dieing, shearing or punching of metal exceeding 1/8" in thickness. 5. Paint or varnish manufacture. 6. Oil compounding or barreling 7. Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete, or products thereof. 8. Open air storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, coal, contractors equipment, cotton, fuel, gasoline, grain, gravel, grease, hay, ice, lead, lime, liquor, plaster, pipe, lumber, machinery, propane, roofing, rope, sand, stone, tar, tarred or creosoted prod- ucts, terra cotta, timber, wine, wood, or wool. This prohibition does not apply to storage of these ma- terials in warehouses. 9. Use of automatic screw machines. 10. Institutions for the housing, care or treatment of sick, indigent, aged or adolescent persons. 11. Dwellings 12. Hotels, motels, apartment hotels, rooming, boarding or lodging houses, villas, bungalow courts. 13. Motor freight terminals. SECTION 15.4 HEIGHT No building or structure shall be erected or altered to a height exceeding 30 feet. SECTION 15.5 PLOT SIZE There shall be no minimum required size of plot. SECTION 15.6 YARDS 1. Where any M-1 District is separated by a street from a Residential District, then any plot in such non-residen- tial district adjacent to the separating street shall be provided with a yard at least 25 feet in depth, along such separating street. 2. Where an M-1 District directly abuts on a Residential District without any separator between them such as a street, alley, canal or other public open space, then any plot in such non-residential district shall be provided with a yard at least 30 feet in depth -51- adjacent to the Residentially -zoned property, and there shall be constructed along such abutting Residen- tial District line an ornamental fence, 6 feet in height, designed to provide an aesthetic screen between the residential and industrial uses and which is approved by the City of Tamarac. 3. Where a yard is required in this Section, such yard may be used for walkways, parking of passenger cars, drive- ways and landscaping, but not for any other use or purpose. -52- ARTICLE XVI MEDIUM INDUSTRIAL M-2 DISTRICTS The following regulations shall apply in all M-2 Districts: SECTION 16.1 PURPOSE OF DISTRICT The M-2, Medium Industrial District, is intended pri- marily for those manufacturing operations which by their in- herent nature, or by virtue of the materials used, processes utilized or products produced, may involve some character- istics objectionable to or incompatible with residential area. Hence M-2 Districts are not intended for locations abutting residential property. In order to minimize pos- sible conflicts and preserve M-2 Districts for their primary purposes, residential or institutional uses are not permitted therein. SECTION 16.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: 1. Any use permitted in an M-1 District. 2. Manufacture of the following: Automobile accessories, except tires Acids, except hydrochloric, nitric, picric, sulphurous or sulphuric acid Boxes Carbon Canvas, cloth, cork, excelsior or textiles Disinfectant and insecticide Batteries and other electrical apparatus Mattress Rope Sash and doors Starch,glucose and dextrine 3. Any of the following: Automatic screw machines Automobile assembly plant Animal refuge Assaying Airplane hangar Airport Blacksmith shop Canning factory Cider mill Construction or contractor yard Cooperage Cemetery, columbarium, mausoleum or crematory Die casting Livery stable, riding academy or dude ranch Lumber yard with planing mill Meat processing, no slaughtering Metal buffing, plating and polishing Machine shop Millwork, lumber and planing mill Motor freight terminal and depot Mattress and bedding renovator Painting and varnishing Radio or television broadcasting towers or antennae Welding shop SIM 4. Storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, coal, contractor's equipment, cotton, fuel, gasoline, grain, gravel, grease, hay, ice, lead, lime, liquor, plaster, pipe, lumber, machinery, propane, roofing, rope, sand, stone, tar, tarred or creosoted products, terra cotta timber, wood or wool, provided the area so used is located inside a fully enclosed building or masonry wall at least 6 feet in height. 5. The following uses, when so Located that no land allo- cated to such use or building occupied by such use lies within 300 feet of any residentially zoned property, provided that this separation requirement shall apply only to principal uses, and not to accessory uses which are not included in the list of uses which follows: Animal burying ground Brewing and distilling of malt beverages or liquors Carnival, circus or similar amusement enterprise Circus quarters, menagerie or keeping of wild animals Correctional or penal institution Fish smoking, curing or canning Manufacture of poison or sperm oil Race track: Automobile, motorcycle, horse or dog Rifle range Tank storage of bulk oil or gasoline Truck terminal or motor freight terminal. 6. Accessory uses and structures, including living quarters accessory to a permitted use. 7. Cutting and finishing of stone from pre-cut slabs for interior or exterior facing of building, if such oper- ations are conducted within a fully enclosed building. SECTION 16.3 USES PROHIBITED The permissible uses enumerated in Section 16.2 above shall not be construed to include, either as a principal or accessory use, any of the following which are listed for emphasis: 1. The manufacture of any product or the utilization of any material, process or operation expressly specified for an M-3 or M-4 District. 2. Foundry 3. Drop forging 4. Smelting or refining of ores or metals 5. Paint or varnish manufacture 6. Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete or products thereof. 7. One -family, two-family or multiple dwellings except as specified under permitted uses. 8. Hotel, motels, boarding or rooming houses, lodging house, tourist home, trailer court or park, bungalow court. 9. Institutions for the housing, care or treatment of sick, indigent, aged or adolescent purposes. -54- 11 SECTION 16.4 HEIGHT No building or structure shall be erected or altered to a height exceeding 50 feet except that radio antenna towers may be erected to a height not exceeding 200 feet. SECTION 16.5 PLOT SIZE There shall be no minimum required size of plot. SECTION 16.6 YARDS 1. Where any M-2 District is separated by a street from a Residential District, then any plot in such non-residential district adjacent to the separating street shall be pro- vided with a yard at least 25 feet in depth along such separating street. 2. Where an M-2 District directly abuts on a Residential District without any separator between them such as a street, alley, canal or other public open space, then any plot in such non --residential district shall be pro- vided with a yard at least 25 feet in depth adjacent to the Residentially -zoned property. 3. Where a yard is required in this Section, such yard may be used for walkways, parking of passenger cars, drive- ways and landscaping, but not for any other use or purpose. 5102