HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-012Introduced by: C/M Klika
Temp. #472 283
Proposed by: C/M Disraelly Revised 5/2/77
P.C. Revised 5/5/77
Revised 5/10/77
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 00 77-12
AN ORDINANCE AMENDING CHAPTER 28 OF THE
CITY CODE BY ADDING THERETO A NEW SECTION
28-216 PROVIDING FOR TEMPORARY USE FOR
MODEL SALES AND ADMINISTRATIVE PURPOSES
OF A DWELLING, RECREATION STRUCTURE OR
BUILDING IN FURTHERANCE OF THE COMPLETION_
OF A. RESIDENTIAL PROJECT; PROVIDING FOR
AN APPLICATION FOR SUCH TEMPORARY USE;
PROVIDING FOR FEES ACCOMPANYING SUCH
APPLICATION; PROVIDING FOR APPLICATION
PROCEDURES; REPEALING ANY AND ALL PROVI-
SIONS OF THE CODE OR ORDINANCES OF THE
CITY IN CONFLICT THEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: Chapter 28, Accessory Uses is hereby amended
by adding a new Section, #28-216 to read as follows:
SECTION 216.1: TEMPORARY MODEL SALES AND ADMINISTRATIVE USE.
The Council has determined that it is in the best interests of the
City to expedite and complete the construction of a residential
project which has been initiated. Accordingly, irrespective of
other provisions in this Code, the Council may, permit, by motion
or resolution, the temporary use for model sales or administrative
purposes of a single or multi -family dwelling or recreation struc-
ture, solely in furtherance of th6 completion of the said project.
SECTION 216.2: Such temporary use shall be subject to the
following terms, conditions and procedures:
(a) Upon proper application containing all details requested
by the City, the Council, in its sole discretion, may
permit such temporary use for a period of six (6) months,
renewable upon specific application for an additional
six (6) month period. In no event shall such temporary
use exceed two (2) years in the aggregate or continue
beyond the completion of the project, whichever comes
first. The determination by the Council to deny permis
Sion for such temporary use shall be binding and con-
clusive upon the applicant.
285
(b) The application for such temporary use shall contain
proof or documentation as to the following:
1. The subject project shall consist of a minimum of
10 dwellings or dwelling units;
2. The program for completion of the project contem-
plates continuous construction;
A site plan consisting of an overlay of the previ-
ously approved site plan showing among other things
plans for a paved parking area with appropriate
landscaping for a minimum of one parking space per
200 square feet of the proposed temporary use floor
area. Paving shall be a minimum of one Layer of
coarse asphalt;
4. That the builder- or developer hold. a valid active
building permit;
5. That such temporary use will be solely in further-
ance of the completion and sale of the subject
project;
6. Such other information or data as may be required
by the City.
(c) Each application for either the original term or a
renewable term shall be accompanied by a non-refundable
fee based upon the size of the proposed project as
follows:
SIZE OF PROJECT AMOUNT OF FEE
10 to 100 Units $100.00
101 to 300 Units 250.00
301 to 500 Units 400.00
501 to 700 Units 550.00
701 to 1000 Units 750.00
Over 1000 Units $1,000.00
(d) Upon expiration of such permit for t:ermperary use, the
model sales and administrative uses shall be forthwith
terminated and the structures or building shall be
promptly vacated and converted to the use for which the
project is permanently zoned.
(e) No Certificate of Occupancy shall be issued to any other
dwelling units in the project which are three hundred
(300) feet or less from the building structures in a
�A=
281
multi -family area and one hundred fifty (150) feet or
less in a single family area which is temporarily used
for model sales office or administrative office function
during such temporary use, except that Council may waive
this restriction upon presentation of sufficient proof
that an undue hardship to the applicant will be created
by its imposition.
(f) Upon the termination of the temporary use of such struc-
tures or buildings all necessary changes to conform to
the original approved site plan of the project shall be
made before a Certificate of Occupancy shall be issued
with respect to such buildings or structures.
SECTION 216.3: The Council shall have the right to provide
such terms and conditions as it shall in its sole discretion deem
proper in granting such temporary use for either the original six
(6) month period or for any renewable periods.
SECTION 216.4: The Council shall have sole discretion by
motion or resolution to terminate such temporary use upon written
notification to the applicant of thirty (30) days provided Council
has made any one of the following determinations:
1. The Council has determined that there has been a cessation
of continuous construction of the project:,
2. The Council has determined that the temporary use was not
solely in furtherance of expediting the construction and
completion of the subject project.
3. The Council has determined that the privilege for such
temporary use has not complied with the terms and con-
ditions specified by the Council.
SECTION 216.5: All ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such conflict.
SECTION 216.6: Should any section or providion of this
Ordinance or any portion hereof, 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.
26V
L7
P.
1
SECTION 216.7: This Ordinance shall become effective
immediately upon its final passage.
PASSED
FIRST READING this
27th
day
of
April
1977.
PASSED
SECOND READING this
llth
day
of
May
,1977.
ATTEST:
Z
C CLERK
I HEREBY CERTIFY THAT I
have approved the form and
correctness of this Ordinance
CITY ATTORNEY
MA OR
RECORD OF COUNCIL VOTE
MAYOR W. FALCK A:..p
V/M H. MASSARO
C/M M. WEINBERGER
C/M I. M. DISRAELLY
C/M M. KLIKA A-q Q