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Home My WebLink AboutCity of Tamarac Ordinance O-1977-024PROPOSED BY: Temp. #399 n Revised 8/12/76 INTRODUCED BY: l Q,t., �(� Revised 12/17/76 Revised 1/3/77 Revised 2/23/77 Revised 5/2/77 Revised 5/16/77 Revised 6/7/77 Revised 7/27/77 CITY OF TAMARAC, FLORIDA ORDINANCE NO. # 0 -7 7-2 AN ORDINANCE REPEALING SECTIONS 28-131, 28-135 (b) and 28-136 (a) OF ARTICLE XIV OF CHAPTER 28 OF THE TAMARAC CITY CODE; AMENDING ARTICLE V OF CHAPTER 6 OF THE TAMARAC CITY CODE TO PROVIDE MINIMUM STANDARDS AND REQUIREMENTS FOR FENCES, WALLS AND HEDGES ERECTED, PLACED AND MAINTAINED WITHIN THE CITY OF TAMARAC,FLORIDA PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Commission of the City of Tamarac, Florida has determined the necessity of establishing minimum standards and requirements for fences, walls and hedges erected, placed and maintained within the City of Tamarac, Florida, and WHEREAS, the City Council of the City of Tamarac, Florida is desirous in the best public interest, welfare, safety, health and esthetics to implement the aforesaid objectives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Sections 28-131, 28-135 (b) and 28-136 (a) of Article XIV of Chapter 28 of the Tamarac City Code are hereby repealed. SECTION 2: That Article V of Chapter 6 of the Tamarac City Code is hereby amended to provide revised minimum standards and requirements for fences, walls, and hedges erected, placed, and maintained within the City of Tamarac, Florida, and shall read as follows: CHAPTER 6 ARTICLE V Residential Districts (A) In all residential districts, fences, walls and hedges may be erected to a maximum height of six (6) feet along the rear property line except if the rear property line abuts a commercially zoned property, then such maximum height permitted shall be eight (81) feet. The maximum height permitted to be installed or to remain along the side property line and along the front street setback line shall be four (41) feet. No fences, walls or hedges shall be installed or be permitted to remain in required front street setback areas or public rights -of -way. Where a canal maintenance easement exists an opening must be pro- vided for maintenance purposes, and shall be a minimum of eight (8') feet in width and be hinged or removable for access. (B) In residential districts, fences, walls or hedges erected, in- stalled and maintained on corner lots must be set back at least seven (71) feet from the lot line running parallel to the side street. B-1, B-2, B-3, R-0, and R-OA Districts (A) In the above districts, fences, walls and hedges may be erected to a maximum height of eight (8') feet along the rear and side property lines. Along the street property lines, the maximum height permitted shall be six (6') feet and shall be allowed no closer than five (5') feet from such property lines. When the fence or hedge is set back at least ten (101) feet from such a property line, the maximum height may be increased to eight (8') feet. (B) Where B-1, B-2, B-3, R-O, R-OA abut a residentially zoned dis- trict or an S-1 district, excluding a golf course, a six (6') foot high solid masonry wall, stuccoed and painted shall be re- quired along the line so abutting as a condition of approval of the site development plan. The Planning Commission and/or the City Council may approve an optional design of a wall at its discretion where the above abuts a golf course, then Chapter 6 provisions apply. S-1 Districts (A) In the above district, along the street property lines, a wall, hedge or fence may be erected within two (2) feet of such street property lines providing that the maximum height does not exceed six (61) feet. The maximum height permitted along the rear and side property lines shall also be six (6') feet except whenever - 2 - an S-1 district abuts a residentially zoned district, then no wall, hedge or fence shall exceed five (5') feet in height. (B) In addition the City Council shall in approving site development plans require that appropriate fence, wall or hedge protection is provided to prevent or minimize hazards to contiguous residen- tial properties from noise, glare, odors, smoke, vibrations, flying objects or traffic. All Districts (A) In all districts, except where specifically noted, all walls and fences shall be constructed of one of the following materials: wood, rock, stone, solid masonry with stucco and paint, pierced masonry, ornamental metal or chain link. No barbed wire or electrified fences are permitted. (B) No fence or wall shall be erected or installed within Tamarac's jurisdiction unless the design and structurally sound materials have been approved by and a permit for same has been issued by the Building Department of the City of Tamarac. (C) Fences for utility sites and industrial sites shall. be permitted for security reasons with a maximum height of eight (S') feet including barbed wire. (D) At all roadway intersections, fences, walls or hedges shall not obstruct visibility of traffic as determined by the City Engineer. (E) The continued maintenance of any fence, wall or hedge within the City of Tamarac shall be the responsibility of the owner or other person responsible for the property upon which said fence, wall or hedge lies or abuts. Fences, walls and hedges shall always be maintained in a condition that will insure safety, functional use, and a proper aesthetic appearance. Such maintenance shall include but not be limited to: painting, repairing or pruning. The Code Enforcement Officer is hereby charged with enforcement of this Section through the procedures as set forth in Chapter 6, Article IV, Section 6-41 of this Code, which provides for Notice of Violation, reasonable time for correction, and procedures to be taken by the City upon failure of responsible party to correct the violation. - 3 - (F) The height of all walls, hedges and fences shall be measured L from the finished elevation of the property at the point of installation. Screening or Security Purposes _ ,__._.,_. (A) The Planning Commission and/or the City Council when considering any site development plan, may require that a wall or fence or hedge be constructed for screening or security purposes and shall fix the height and location of such fence, wall or hedge, which height may exceed the limitations set forth in this Ordinance. The Planning Commission and/or the City Council shall take into consideration the following: (1) Design of the fence, wall or hedge. (2) Reason for the fence, wall or hedge. (3) Impairment of visibility at street or driveway inter- sections. (B) Should any property owner request that a wall or fence on his property be allowed to include barbed wire for security reasons, the City Council shall be permitted to waive that prohibition of this Ordinance providing that it shall not be, in their opinion, detrimental to the public's health, safety and welfare. Deed Restrictions Nothing in this Ordinance shall be construed as supersedin deed restrictions in any section of the City. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 4: 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 other than the part declared to be invalid. SECTION 5: The code service for the City of Tamarac is hereby instructed to assign the appropriate section numbers to each captioned portion of Chapter 6, Article V, contained herein in order to assure such numerical designation is consistent with the code editorial work now in progress . -4- SECTION 6: This Ordinance shall become effective immediately 1 1 1 upon its final passage. PASSED FIRST READING this 2rd day of February , 1977 PASSED SECOND READING this 27thday of July , 1977 ATTEST: C CLERK I HERESY CERTIFY THAT I have approved the form and correctness of this ORDINANCE. y GLa CITY TTORNEY -5- RECORD OF COUNCIL VOTE 2/ 23/ 77 P:yyo 7 r W. Falck V�M H. Massaro C/M O.L. Tucker C/W M. Kelch C/M M. Weinberger RECORD OF COUNCIL VOTE ---71�j1i, MAYOR W. FA! CK V/M IL MASSARO C/M M. WEINGERGER C/M I. P4. DISRAELLY C/M M. KUKA 0 Exhibit "A" Sheet 2 of ' 2 I I DESCRIPTION: PARCEL C - THE WEST 30.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: A portion of Tracts 10 and 15 of FORT LAUDERDALE TRUCK FARMS SUBDIVISION of Section 9, 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 Southeast corner of said Section 9; thence N 00000156" W, along the East line of said Section 9, a distance of 459.03 feet; thence N 88°59'24" W, along the North Right -of -Way line of N.W. 57th Street, a distance of 1320.01 feet to the Point of Beginning of this description; thence continue N 88°59'24" W, along the last described course, a distance of 599.99 feet; thence N 00°00'56" W, a distance of 972.13 feet; thence S 88°59'24" E, a distance of 599.99 feet; thence S 00°00'56" E, a distance of 972.13 feet; to the Point of Beginning. Said lands situate lying and being in Broward County, Florida. JO # 6110177 WW/as 13,71 Fr) 1226