Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-062Introduced by: 7.co;c C l}9 Temp. # 584 Rev,sed-101"/7,P_ e109_ 114--/7v - e.,- - 1 CITY OF TAMARAC, FLORIDA 2 ORDINANCE NO.Q-7Y-6,-- 3 AN ORDINANCE CREATING SECTION 18-9 OF THE TAMARAC CITY CODE WHICH PROVIDES A PROCEDURE FOR A LIMITED 4 WAIVER OF CERTAIN PROVISIONS OF CHAPTER 18 OF THE TAMARAC CITY CODE PERTAINING TO PARKING AND LOADING 5 REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; PROVIDING 6 REPEALER; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, there can arise situations wherein it is 8 necessary to waive certain sections of the Tamarac City Code per- 9 taining to parking and loading requirements; and 10 WHEREAS, there is no existing method to waive any parking 11 and loading requirements under the City Code. 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 13 THE CITY OF TAMARAC, FLORIDA: 14 SECTION 1: That Sectionl8-9 of the Tamarac City Code 15 is hereby created to read as follows: 16 Section 18-9. The provisions of this Chapter 1.7 of the City Code may be waived or modified in the event 18 of a hardship in the following manner: 19 1. An application for a limited waiver from 20 this chapter shall be filed for initial review by the 21 City's Planning Commission. 22 a. The application shall set forth the 23 hardship claimed by the applicant. 24 b. The hardship alleged may not be.self 25 imposed. 26 2. Notice of a Public Hearing before the Planning 27 Commission shall be advertised in a newspaper of general 28 circulation at least one time prior to the hearing of 29 the Planning Commission. 30 3. The Planning Commission shall hold a public 31 hearing to consider the application. 32 4. The standards to be employed in the consideratio 33 of an application by the Planning Commission and by the 34 City Council shall include the following: >r7 a. That granting of the limited waiver is the minimum waiver that will make possible the reasonable use of the land, building or structure. b. That granting of the limited waiver will be in harmony with the general intent and purpose of this Chapter and other ordinances and that such limited waiver will, not be injurious to the area involved or otherwise detrimental to the public welfare. C. Hardship found. d. That the hardship is not self imposed. 5. The Planning Commission after allowing the public and the applicant and his representatives to speak, shall make a recommendation to the City Council to approve, deny or approve with conditions the application. 6. Notice of a Public Hearing before the City Council shall be advertised in a newspaper of general circulation at least one time prior to the hearing of the City Council. 7. The City Council, after allowing the public and the applicant and his representatives to speak shall approve, deny or approve with conditions the application including conditions pertaining to the time period for construction to commence. 8. The decision of the City Council is final and no reapplication may be made for six months after the decision of the City Council. Appeal from a decision of the City Council shall be made by filing a Petition for a Writ of Certiorari in Circuit Court within thirty days of the date the City Council makes its decision. SECTION 2: Specific authority is hereby granted to codify this ordinance. SECTION 3: Should any section or provision of this ordinance or any portion hereof or any paragraph, sentence or word be invalid, such decision shall not affect the validity of the re- mainder hereof as a whole or any part hereof other than the part 2 - 1 declared to be invalid. 2 SECTION 4: All ordinances or parts of ordinances in 3 conflict herewith are repealed to the extent of such conflict. 4 SECTION 5: This ordinance shall become effective v 5 6 immediately upon its final PASSED FIRST READING THIS passage. - day of 1978. 7 PASSED SECOND READING THIS /�_ day of ` 1978. 8 1 9 I 10 11 12 ATTEST: 13 14 G 15 CITY CLERK 16 I HEREBY CERTIFY THAT I have approved the form 1 17 and correctness of this Ordinance. 18 19 CITY ATTORNEY 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 - 3 - MA RECORD OF COUNCIL VOIE MAYOR W. FALCK V/M H. MAS5AR0 C/M H. WIENER C/M I.M. DISRAELLY C/W M. KQI CH INTRODUCED BY: 0 TEMP. # 583 Revised 12/8/78 Revised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hat Section 28-171 of the Tamarac City Code as enacted in Ordinance No. 77-25 is amended to read as follows: SECTION 28-171 MASTER LIST BUSINESS USES O O O �_4 cd .O Q) SM +� O O O Q) OU U U Z CV co I Abstract Company advertising Company Aeroplane --Ground School -Special Exce tion* Air Cond. Equipment, Retail only Air Cord, Equipment, 'Retail Repai-rs x x Air Cond. Equipment, Wholesale x 10/23/78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ft 17 18 19 20 21 22 23 24 25 26 27 28 29 t 30 31 32 33 34 BUSINESS USES (_CONTINUED) Alcoholic Beverages -(Accessory Use) Special Excep-tton * ... ... B- 1 X* B- 2 3- 3 X* X* Ambulance Service, S etial Exc6 tion * X* X* X* Amusement Centers rn oors - S ecia 'Exce .' * X* X* X Amusement Center -� Exterior - Special Exte .* X* X Animal C i:nits No B'oardin Kennels' for Animals X X Animal inics, Pet Hos i"ta1s X Antique Sho s X X X rcher an .e . . ....... . . .... X Armored Car Servi:ce Of fiftes X X rt a eri es X X X rt . coo s:: ..... ..... ... ... ... ... X X Art up� l fes ........ X X X --. -- -- — .. . Artists ' Stuatos.. X X X Associ:ati:ons 't,tvtc, Etc,. X X X Athletic,Clubs Indoors —S ecia Exce Lion * X* X* X* Auctioneers, 6nc-osed* .. . X* X Au itorium ........... . . X X uto arts- Equip. ccessories New Retail Also New= Wholesale* X X X* uto epai:r ])all work must be done wf t i n an en- closed bui"lding.. (=2) Outside storage or display of parts of merchandise is prohibited. (3) Outside storage of vehicle or parts of veh.i:cles after working hours is prohibite (4 Paint and bod 'sho s are prohibited X* X* Auto Storage, Sales, Gars -for Hire Including Motorc cles X uto Ta', ' A enc - & License Bureau X X X Auto'T ires Ne1w-- - Retaa . & I'nstaI I ati'on X X Auto Ti.res, V -h.o I esaIe' X Auto as' Racks, as Accessor use* X* X Aut6mo .i e -Dealers Offspl.ay X A-wTfng Stores, SaTes 'Onl-y* : X* X* X Bait Fi-sh. Other than 'arti'fi-caal X a es o s - Retai' - Limi:ted prep aration X* X* X* Banks - Commercial - Tf the bank is a free standing bui.ldi:ng, the parcel shall be a minimum of one acre, exclusive of drive-in facilities I'f any- bank., whether free standing or not, i:s to h.ave drive-in facilities, this use is al- lowed only if a traffic circulation plan is sub- mitted which will be sufficient to satisfy the maximum projected usage of the drive-in facility on site with no disruption of traffic off of the premises or disruption of customers seeking to park their vehicles and to physically enter the bank. Each drive -up lane must have stacking cap- ability of 100 ft. minimum X X X Banks _. Commercial - not in free standing buildings with no d'ri ve-i n facTl i ti es X X X Barb er 5 FOO s X X X ars,'not i,'n Restaurants '97-ath X X & Closet ShoPms X X X Beau y Par ors X X X i,C c e Stores & Re air Shops X X X Bil l i.ar ' Roods - Pool'rooMs X X Blac k smith Shops X 61 ciod Ban - Commerci'al X X Boat Rental's X X Boat Sales' Display in 0 en X Boat Sales ow -rood enc'ose ,' accessories X X Bondsmen X X X Book Store -:-.B y 'S p ecia1. Exce'tion * X* X* X* Bottl ed Gas X Bowlfngm Al 1 ey s X X -2- BUSINESS USES" (CONTINUEQ) B -1 Broadcastin Studios - no towers X Building Suppli;e_s..- Retail from Buildings Only No o p en air sales `sir stora e facilities Burglar arm Company. Bus Termi:na s Camera -_o s Can S't Dt , , . . B- 2 3- 3 X X X X o r e.s. e, a k .. Car cy . . enand<:RunSa' X ... X X Car et . es ' :. _.: - X. X X X Car et an u ai es :- - u=c-=eana-n on- remises.. X Car ets, u s fi oor--coveri-n ; Retaa.l'-.. X X X Car ets, Ru s,' Floor ccive X* arr ut Foods, - X X X Caterers X X Ceramic- Retai --� Limtte Pre aration X X X China C r 6 ck el,ry G assware,' Earthware, Retail X X X Churches, Places of -Worship, Sunday Schools, Con- vents, Parish House X X X C of Fn tores'_: Exce t,.'S'eco . nd Han X X X Clubs-, Lodges, Ci.vi.c, Non-Coimmerca al X X X Cocktail Lounges S ecTal E ce ti'on* X* X* X* age X Concrete Products Retai X X onfect�onar an Ice Cream Stores X X X !onserva,toriesits an Musi°c Xorset�eres Sales an Fittin s onT X X X Cosmetics -Retail& Incidental Compounding, No manufa'cturtng X X X Costumes:, Rental X X X Curb or Auto Service Restaurants - Subject to same requirements as 'Restaurant & Dining Room X* X Curio Cores -c—urrency x x x Exchange X X X Dairy Products - Retafl X X X Dance Academies and Schoo s - soundproofed Max7mum size of 5,000 sq., feet in-9-1 zoning District X X X Da Nurser - Special, Exce Ton X* X* X* Dealer - 5_e__co rid hand Merchan Ise X Delicatessen - Retai T X X X Dental Clinic X X X Department an ry Goods Stores - less than ,000 -sq. ft. X X X Department and DrY Goo's stores - 5,'000 s .ft.or more X X Designing, making and assembling of Art & Craft Products, Hobby Sho onl y X X X Detective encTes X X X fs -ay Materials, Sales X Dress Shops &'Seamstress'' X X X Drug and Sundries Stores X X X Dry cleaning Establishment without on -premises cleaning X X X Dry Cleaning Plants : Provided items 4, 5, 6, 7, 8 X* and 9 for Drycleaning Establishments set forth below are satisfied Dry Cleani,ng E,sta is ments - for direct customer ser- vices, This may create fire hazards and great odor Pollution. Accordingly, this use is permitted by Special Exception Tn B-l', B-2 and B-3 districts. In addition to other requirements, the following criteria must be met: X* X* X* 1) No vehicular pickup or delivery services. 2) Customers shall bring in and pick up all arti- cles and there shall be no wholesale work allowed. 3) Not more than one cleaning unit of a rated capa- city of 40 pounds shall be allowed. Ceontd. next page.) -3- 1 2 3 4 5 t 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( 29 30 31 32 33 34 BUSINESS USES (CONTINUED) Dry Cleaning Establishments (contd) 4. The entire dry cleaning process shall use co - pletely enclosed solvent - reclaiming units (non -explosive and nonflammable), with a car- bon vapor absorber for vent odor. 5. The venti-ngof the boiler must be extended so any discharge will not be offensive to the surrounding neighborhood. 6. All solvents used shall be nonflammable. 7. The establishment shall be at least one hun dred (100) feet from the nearest residence measured in a straight line from the nearest means of ingress and egress of the dry clean- ing establishment to the nearest means of in- gress and egress of the residence. 8. All high pressure boilers operating over 15 lbs. per square inch, rated at more than 3 boiler horsepower shall be enclosed in a non-- combustible boiler room or enclosure as speci- fied in the South Florida Building Code. 9. Venting of boilers as specified in paragraph 8 above shall not be permitted unless the sta k or vent is more than 100 feet from the nearer residence measured in a straight line from th nearest means of ingress and egress of the dr cleaning establishment to the means of ingres and egress of the residence nearest to the dr cleaning establishment or is separated by a road between the vent or stack and the nearer residence. ElectricaT Appliances - Retail "ET—eemosynary Institutions Employment A encies En Ines Diesel or Gasoline, Sales & Service Ex ress Companies' Exterminator Farmers Market arms, Truck Gar ens, Nurser:73ies, Groves & Tncidenta buildings ee an ee u 'tes Festival E ui ment'an Su p p1ees fish - Retail Food Market Fishing Sup lies tkTi__�Artificial Bait onl Florists Frei ht Service cozen oo Lockers Fruit Stores - Retail Fun—eral Homes - S ecia Exception urnitune Stores, Mai Furniture Stores Wholesale or'Reta iT & wholesale Furrier Garage - Inc 1 ud i n g Mechanics Service* - See Auto Repair Gr rden, Sul 11,2s - 'teta? Gase ne his F i n' S+at oils Wr u US�l.a Q�C�.?SSO4"�' S ecial Exception Gift S o s Go f Courses minature Governmenta Bui diri s G r Stores -less than 5,000 sq.f..of gross floor B-3 X rote y area X rocer tores-5 OO s t.o gross floor area or m re Gun Clu- Indoor on Guns - Retai G mnasi;um X Haberdasher a s or ire S ecia xce tion, X ardwa're Store X Heati nq Equipment__ =Retail ME BUSINESS USES (CONTINUED) Hobby Shop B-1 I B-2 B-3 X X X Homes, Convalescent - SpecialSpettal Exception * X* X* Hospital - Spec,ial Exception * X* X* X* Hotels X X Ice Cream - Retail X X X Ice Distributing Depot X X X Insect and Rodent Exterminating X X Interior Decoration Sho - Retail X X X Jewelry Manufacturin X Jewelry Store Watch Repairs X X X Key Shop X X , . Laboratories; Chemical, Medical, Testing, Research X Landscape Nurser - Special Exce tion * X* X* X Launderettes - This use is permitted by Special Ex- ception and the following requirements are met: 1. All high pressure boilers operating over 15 lbs. per square inch, rated at more than 3 boiler horsepower, shall be enclosed in a non- combu%tl�bl,eboi1er room or enclosure as speci- fied in the South Florida Code. 2. Each dryer shall be equipped with its own lint screen with automatic shutoff. X* X* X* Launderettes - with on -premises dry cleaning facili- ties - Special Exception* - See Dry Cleaners - same standards to apply as apply to Dry Cleaners and Launderettes X* X* Laundry Establishment without on premises washing X X X Lawn Maintenance Service - No outside storage - Special Exception * X* X* X Lawn Mower Sales and Repairs X X X Leather Goods Store - Retail X X X Library X X X L-iqhtinq fixtures distributors 'Who esale & retail X Li htin5 Fixtures - Retail X X X Linen Service X Loan a encies other than awnbrokers X X X Lod a Halls X X Luggage Shops X X X Liquor acka e' Stores X X X Mail Order Establishment X X X Marine Su ies - Retail X X Mattress Renovating X Meat Market - Retail X X X Medical Clinic X X X Messenger Office X X X Millinery S,hop X X X Millwork - Retail Sales Only_._ S ecial Exception * X* X X Modiste, Wearing Apparel, Furrier, Retail X X X Motels X X otorc cle Sales & Service - Special Exception *' X* X Municipal Buildings, Parks, Playgrounds, Reserva- tions, Parking. X X X Museum X X Music and Radio Stores - Retail X X X Music Instruction X X X Newspaper Bureau X X X Newstand X X X Notions - Variety Stores X X X Novelties Handbags and Handicraft Retail X X X Novelties Handbags and Handicraft) Wholesale or Retail and wholesale X Nurser Sales- See, enciuseu u!>e�, Fur X X office Bui in' = Genera Offices for doctors,dentist,-pediatrics, architects realtors and related professions ` - X X X Office Su lies and Furniture Business Machines X -5- BUSINESS:t ES C NTINUtp B-1 B-2 -3 ■ 1 1 up tical Stores tometrist 2 Outdoor sidewa sales - subject to all of the follow- ing conditions: X 3 1. Temporary period of time not to exceed four days; and 2. In conjunction with an authorized, licensed busi- 4 ness use; and 3. Outdoor storage and display of merchandise during 5 business hours only; and 4. Requires app1ication,'to and 'a royal of City Manager 6 ... Packa a and Liquor Stores X Paint Stores, Wall covering 'retai' only X 7 Parcel Delivery Service Parkin Commercial 8 Parking Garage = commercial Parking Lots for Rent 9 Pawn S o s Pet Sho s 10 Photograph, Developing & Printing for others - Retail and ick-!wand_deliver only* X* 11 Photograph Galleries X -Photostating and —�o ervice X 12 Physical Therapists onl 'when'licensed b State X Plastic Article's - Retail X 13 PlumbingFixtures - Retail Plumbing- Wholesale, Repair Sho 14 Post Office X rintin Shops, Blue PrTntin' Bus ness News a ers 15 Pumps and Wells - Retail Radios - Televisions - Sales & Re a7rs X �6 Real Est.ate or 'Insurance Offices, X Reducing Salons X � 17 X Restaurant and Dining Room 18 Restaurant with drive-in win ow - In addition to all parking and other regulations, each drive-in window X 19 must have stacking capability of 100 ft. minimum. Furthermore, if the drive-in order is given at one lo- 20 cation and is picked up at another location, there must be stacking facilities of 100 ft. minimum both at the 21 order point and the point of pickup. The drive-in facility's stacking must be self contained and may not 22 spill over to disrupt in any way customers seeking to park their cars or disrupt the flow of traffic on 23 public rights -of -way Savings and Loart�.•, Associations - If the Savings and Loan 24 Association is a free standing building, the parcel X shall be a minimum of one acre, exclusive of drive-in 25 facilities. If any Savings & Loan, whether free standing or not, is 26 to have drive-in facilities, this use is allowed only if a traffic circulation plan is submitted which will be 27 sufficient to satisfy the maximum projected usage of t e drive-in facility -on site with no disruption of traffic 28 off of the premises or disruption of customers seeking to park their vehicles and to physically enter the Sav 29 ings & Loan. Each drive -up lane must have stacking 30 ca abi l i t - of 100 ft.' minimum Savin s & Loan - Not in free standingbu in X Schools - Business 31 Schools - Dr7vin Schools 'Model in 32 Schools ---Trade, Vocational Industrial Schools Public or Private not listed 33 Te—c-o—nTF—and Stores Shoe Repair Shop_ X 34 Shoe Stores X Sian Painting - Car - Lettering xy X X x X X X* _X X X X X � y w 1 BUSINESS USES (CONTINUED) B-1 B-2 B-3I Sk.ating Rinks X X 5o t Drink Stands X X X Souvenir Stores' X X X Sporting Goods Stores, X X X Sprinkler System; Shop, Storage and SerVlce X Stationer Stores X X X Stock Exchange and Brokers e Office X X X Storage Warehouses X Sundry Stores X X X Supermarkets X X Surgical and Orth.o edic Appliances - Sales & Accessories X X Swimminq Pools, Supplies & Accessories X X Tailor Shop X X X Tax Collection Agencies X X X Taxi Service Establishment X X Taxidermist X Telephone Exchange Building X X X T. V. Sales and Repairs X X X Theaters - S ecial Exce tion * X* X* Tire, Battery and Accessories - Automotive; retail and installation as enclosed'accessor use only * X* X Towel and Uniform Supply X Trailers - Display and Sales of X Trailers - Truck Rental X Travel Bureau X X X Tropical Fish Shop Retail X X X Upholstery Shop X X utilities - Public ffices X X X Vehicular and Boat Maintenance X Vehicular and Boat Maintenance, as accessory use X X Waiting Rooms and Ticket Offices for Transportation System X X Warehouses X Water Conditioning Sales - Residential and Commercial X X Water Treatment, Pool Equipment and Chemicals no manufacturing) X X Wearing Apparel Stores X X X Wearing Apparel - Wholesale X Wholesale Merchandiser, Retail Trade X Window Blinds - Draperies ' 'an Curtains - Retail X X X Woodworking Machiner Sa Ye,s X Wig Shop X X X SECTION 2: Specif:tcauthority is hereby granted to codify this Ordinance. 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 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. WE 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 1 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SECTION 5: This ordinance shall become effective upon its final passage. PASSED FIRST READING THIS 9a day of 197.7. PASSED SECOND READING THIS Z da ATTEST: MARTLYN BERTROLF, ASST'. CITY CLERK I HEREBY CERTIFY that I have approved the. form and correctness of this ORDINANCE. i CITY ATTORNEY sm RECORD OF COUNCIL V01 MAYOR W. FALCK �a-ejp VIM H. MASSARO QM H. WIENER CJM I.M. DISRAELLY CJI,J M. KEtCH