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Home My WebLink AboutCity of Tamarac Ordinance O-1977-017Proposed by: �! 7� �2'h"c - Temp. # 467 Introduced by: C h'J ►��Ga�_. Drafted 4/18/77 Rev. 4/22/77 Rev. 5/5/77 Rev. 5/19/77 CITY OF TAMARAC, FLORIDA ORDINANCE NO. U- AN ORDINANCE AMENDING ORDINANCE 76-53, THE SAME BEING CHAPTER 28 OF TAMARAC'S ZONING CODE, ARTICLE V, R-IB AND R-lC ONE --FAMILY DWELLING DISTRICTS AND ORDINANCE 76-13 OF TAMARAC CODE OF ORDINANCES BY AMENDING SECTION 28--33 APPLICABILITY OF ARTICLE; SECTION 28-39 SIDE YARDS; SECTION 28--40 REAR YARDS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Tamarac has determined the need to amend the plot coverage and setback requirements for R-1B and R-lC One -Family Dwellinv Districts. and WHEREAS, the Planning Commission has reviewed the proposed amendments and have determined that it would be in the best in- terest of the City of Tamarac to amend the existing requirements, and WHEREAS, the City Council of Tamarac is desirous of imple- menting the objectives of the aforesaid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Ordinance 76-53, the same being Chapter 28-zoning- Article V, R--1B and R-1C One -Family Dwelling Districts and Ordinance 76-13 is hereby amended by deleting sub -section 28-33 Applicability of Article and substituting thereto the following: SECTION 28-33 Applicability of Article and Definitions (a) The regulations contained in this article shall apply in all R-IB and R-lC districts. (b) Patios, as referred to in this Chapter, shall be defined as areas, usually paved, adjoining homes, open to the sky for outdoor living. (c) Entryways, as referred to in this Chapter, shall be defined as open areas, adjoining entry doors to living areas, which may or may not be roofed. (d) Carports where dwellings are on a proposed right- of-way of less than fifty (50) feet shall not be permitted to be enclosed. SECTION 2: Sub -section 28-36 Plot Coverage of Ordinance 76-53 and said Chapter shall be amended as follows: Section 28--36 Plot Coverage The maximum plot coverage of all main and accessory structures, excluding garages and carports, pools and uncovered Y 141 1 patios or open mesh screened patios without structural roofs and sun decks may be no greater than forty (40%) percent of the area of the plot. SECTION 3: Sub -section 28-38 Front Yards of Ordinance 76-53 and said Chapter shall be amended as follows: Section 28-38 Street Yard Setback (a) Residential uses: Single Story 1. Frontinz on street R.O.W. 50 feet or treater Single Story - 15' setback (see Exhibit A) 2. Fronting on existing street R.O.W. less than ;;n -Foo+ Single Story - 20' setback 3. Fronting on proposed streets in new developments less than 50 feet R.O.W. serving 25 units or less on a street no greater than 600' in length. Single Story - 15' . setback s _ * The minimum street setback shall be measured from the closest point of living area of the building, excluding such appurtenances, as open carports, entryways and patios. In the event, however, that the front wall of the living area is more than fifteen degrees from being parallel to the right-of-way line in front of the building, the minimum setback area shall be reduced to ten(10') feet. In no event shall any appurtenances, including roof overhangs, be less than five (5') feet from the property line. (see exhibit "B"). (b) Residential uses: Two Story. Every plot used for two story purposes shall have a minimum street yard setback of twenty(201) feet in depth. (c) Nonresidential uses. Every plot whose principal use is nonresidential shall have a street yard setback not less than thirty (30') feet in depth. SECTION 4: Sub -section 28--39 Side Yards of Ordinance 76--53 and said Chapter shall be amended as follows: Section 28-39 Side Yard setback (a) Residential Uses. Every plot used for single story dwelling purposes shall have either a side yard clear of all structures including, but not limited to such items as air conditioners, garbage receptacles, and so forth on each side of at least seven and one-half (7j) feet, (b) If the dwelling is not a row house it may be built with a zero setback from any side property line provided, how- ever the setback from the opposite property line shall be less than fifteen (15 )met , and providing that �n 7o�t t.he. fel lee vim.. ncendi--,1*ens are .,,,f�, ye,et it�-�-__. (1) Roof overhangs shall not be permitted over property line where the zero lot line is utilized as setback on one side. (2) No openings of any kind shall be permitted on the interior property line wall, which wall shall be of fire wall construction as defined in the Broward South Florida Building Code. SWIM (3) A recorded reciprocal maintenance easement of seven and one-half (71) feet shall be re- quired on the adjoining lot adjacent to the zero lot line setback and in no case shall landscaping be placed so as to prevent rea- sonable access for maintenance purposes. (4) The zero lot line option shall apply provided that the entire block or the entire subdivi- sion has been designated as such on the final site development plan. (c) Every plot used for a two-story dwelling purpose shall have a minimum setback of at least ten (10) feet on each side clear of all structures, including but not limited to such items as air conditioners, garbage receptacles, and so forth. (d) Swimming pools and covered patios without structural roofs, covered with open mesh screening shall be sub- ject to the same limitations included in Section 28-40 Rear Yards Subsection B-(2) (e) Nonresidential Uses. Every plot whose principal use is nonresidential shall have a side yard on each side, each of which shall be not less than twenty-five feet in width, with an increase of one foot in width for each two feet in height of the structure in excess of twenty (20) feet. SECTION 5: Subsection 28-40 Rear Yards of said Chapter shall be amended as follows: Section 28-40 Rear Yard setback. (a) Residential Uses. Every plot used for dwelling purposes shall have a minimum rear yard setback of fifteen feet, provided, however, the minimum rear yard setback may be decreased to ten (10) feet when the rear wall of the living area of the structure, excluding patios, is more than fifteen (15) degrees from being parallel to the rear property line (see Exhibit "D"). The minimum rear yard of dwelling units abutting upon a waterway shall be at least fifteen (15) feet in depth, from property line to building, except that when a bulkhead is not required it shall be at least twenty-one (21) feet in depth; however, under conditions listed in Chapter 24, Section 20 (d) the minimum shall be thirty (30) feet. Where such rear yard abuts a golf course, public park or other open space which is properly zoned, platted and restricted to limit such facility to the open space use, the required rear yard depth may be reduced to eight feet. (b) Swimming Pools and Covered Patios Without Structural Roofs. Covered patios without structural roofs, covered with open mesh screening or pools without structural roofs or pools covered only with open mesh screening may be placed in a required side or rear setback area subject to the limitations set forth below. In no case shall a pool be placed in a required street front yard or street side yard. - 3 -- L! (1) Any part of a patio or pool which is covered by a roof or enclosed by side walls over five (5') feet in height shall be subject to the same limi- tations on location as the primary building and shall not be placed in the setback area. (2) All parts of a pool without a structural roof in- cluding a structural deck, cap and/or mechanical equipment, or a pool or a patio covered only with open mesh screening may be placed within the re- quired side or rear setback area but shall be no closer than five (5') feet from a property line. In no case shall there be encroachment into a util- ity or drainage easement of record. (3) The height of the open mesh screening above covered patios without structural roofs shall not exceed eight (8') feet or not above the fascia board. The height of the open mesh screening above a pool shall not exceed fifteen (15') feet. (c) 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 twenty-five (25') feet in depth. (d) The owner of any property refused or denied by an Officer of the City may apply to the Board of Adjustment in any case where it can be demonstrated that the enforcement of this Ordinance would create an undue hardship. (e) All swimming pools shall be subject to the regulations set forth in Chapter 25 of the City Code of Tamarac. SECTION 6: All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 7: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be de- clared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 8: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING THIS e2 ] day of PASSED SECOND READING THISG?,5 day o 1.4WMWY11�i I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. CITY ATTORNEY --4 - 1977 1977 RECORD OF COUNCIL VOTE MAYOR W. FALCN VIM H. MASSARO C/M M. WEIfIIBER C/M I. M. DISRAE CIM M. KLIKA L-f_tfC I il 1 15 degrees or more parallel to less than 15 degrees I 1 1 story 1 story I 1 story living living living area area area �_ open carport, ; � entry way, or L-__ patio R/W w EXHIBIT C: DISTANCE BETWEEN SINGLE STORY DWELLINGS INCLUDES R-3, R-3U Aradius point '. point of tangency ~� to MANI 1c; r- 15 degrees or more parallel to less .� 1 story than 15 degrees living --�--- area �% i rear � p/L l story open carport, living entry way, or area patio EXHIBIT D: 1" = 50' REAR YARDS INCLUDES R-3,. R-3U, R-lB, R--1C 0