HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-046S
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Introduced by 0,14f Temp #846
Rev. 4/30/81 9/24/81
9/28/81 12/1/81
12/30/81 1/19/82
2/ 5/82 2/12/82
CITY OF TAMARAC, FLORIDA 4/8/82 7/27/82
7/28/82
ORDINANCE NO. D-
AN ORDINANCE AMENDING CHAPTER 28 OF THE TAMARAC CITY CODE
(ZONING) BY CREATING AN RM-5 RESIDENTIAL MULTI -FAMILY
DWELLING DISTRICT AND SETTING FORTH DEVELOPMENT STANDARDS
THEREUNDER; AMENDING SECTION 28-2 OF THE CITY CODE WHICH
ENUMERATES CITY ZONING DISTRICTS TO INCLUDE THE NEW RM-5
DISTRICT: PROVIDING FOR CODIFICATION; PROVIDING REPEALER;
PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Article VI B of Chapter 28 of the Tamarac City
Code pertaining to the RM-5 zoning district is hereby created and shall read
as follows:
ARTICLE VI B RM-5 RESIDENTIAL MULTI -FAMILY DWELLING DISTRICT
SECTION 28-51.20 APPLICABILITY OF ARTICLE AND
DEFINITIONS_
(a) The regulations contained in this article shall apply in all
RM-5 districts.
(b) Patios, as referred to in this article, shall be defined as
areas, usually paved, adjoining homes, open to the sky.
(c) Entryways, as referred to in this article, shall be defined as
open areas, adjoining entry doors, to living areas, which may or may not be
roofed.
SECTION 28-51.21 PERMITTED USES.
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:
(a) Multi -family dwelling subject to requirements of this article.
(b) House of worship and parochial school incidental to a house of
worship on the same lot. Such use shall be located on a lot having at least
twenty-five thousand (25,000) square feet of lot area and having at least one
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hundred (100) feet of street frontage. The coverage of all roofed
structures shall not exceed fifty (50%) percent of the lot area. No
building or roofed structure shall be located within forty (40) feet of any
other residentially zoned property. No parking area shall be located
within ten (10) feet of any lot line. Setbacks shall be as set forth in
this article.
(c) Municipally owned or operated facilities of any nature
whatsoever.
(d) Uses accessory to any of the above uses, when located on the
same lot and not involving the conduct of any business, trade, occupation
or profession.
SECTION 28-51.22 PARCEL SIZE_
Every parcel shall not be less than one-half (1/2) acre in area
(21,780 square feet).
SECTION 28-51.23 LOT COVERAGE.
The maximum lot coverage of all main and accessory structures may
be no greater than forty (40%) percent of the area of the lot except as
provided for houses of worship and parochial schools above.
SECTION 28-51.24 DENSITY.
The maximum gross density of the parcel shall be 5 units per
acre.
SECTION 28-51.25 STREET SETBACKS_
(a) Residential Uses, Attached: Every lot used for attached
units, of 1 story in height shall have a minimum street setback of at least
twenty ( 20 ) feet in depth.
Every lot used for attached units of two (2) stories in height
shall have a minimum street setback of at least twenty-five (25) feet in
depth.
(b) Nonresidential Uses: Every lot whose principal use is
nonresidential shall have a street setback not less than thirty (30) feet
in depth.
FA
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SECTION 28-51.26 SIDE YARDS_
(a) Residential Uses.
(1) One story dwellings. Every building used for single -story
dwelling purposes shall have a side yard on each side clear of all
structures (except fences and hedges) including, without limitation,
such items as air conditioners and garbage receptacles, on each side of
at least seven and one=half (7 1/2) feet.
(2) Two-story :dwellings. Every building used for a two-story
dwelling purposes shall have a minimum setback of at least ten (10)
feet on each side clear of all structures (except fences and hedges)
including, without limitation, such items as air conditioners and
garbage receptacles.
(b) Nonresidential uses. Every building whose principal use is
nonresidential shall have a side yard on each side, each of which shall be not
less than twenty-five (25) feet in width, with an increase of one foot in width
for each two (2) feet in height'of the structure in excess of twenty (20) feet.
(c) Distance between buildings. If more than one building is to be
erected upon a lot, tract, plot'or parcel of land:
(1) If said buildings are one-story buildings, all parts of the
buildings shall be separated by a distance of not less than fifteen
(15) feet if the exterior walls of said buildings are parallel. Where
such exterior walls are fifteen (15) degrees or more from being
parallel they shall be separated by a distance of not less than ten
(10) feet.
(2) If said buildings are two-story buildings, all parts of the
buildings shall be separated by a distance of not less than twenty (20)
feet if the exterior walls of said buildings are parallel. Where such
exterior walls are fifteen (15) degrees or more from being parallel
they shall be separated by a distance of not less than fifteen (15)
feet.
SECTION 28-51,.27 REAR YARDS_
(a) Residential uses. Every lot used for dwelling purposes shall have
a minimum rear yard setback of fifteen (15) feet; provided, however, the minimum
rear yard setback may be decreased to ten (10) feet when the rear wall of the
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living area of the structure, excluding patios, is more than fifteen (15)
degrees from being parallel to the rear property line.
The minimum rear yard of dwelling units abutting upon a waterway
with a bulkhead shall be at least twenty (20) feet in depth, from property line
to building. When a bulkhead is neither required nor provided, the minimum rear
yard setback shall be at least twenty-one (21) feet in depth.
Except as provided in the next paragraph, all two story dwelling
units shall have a minimum rear yard setback of twenty-five (25) 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 (8) feet for one story and fifteen (15) feet for two story.
(b) Nonresidential uses. Every lot utilized for a nonresidential
building, structure or use, except accessory buildings, structures or uses,
shall have a rear yard not less than twenty-five (25) feet in depth.
SECTION 28-51.28 SVIMMING POOLS AND PATIOS.
A. Patios may be placed in setback areas however:
(1) In no case shall a pool be placed in a required street yard or
side yard setback.
(2) In no case shall there be encroachment into a utility or
drainage easement of record.
(3) 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
limitations on location as the primary building and shall not be placed in the
required setback area.
(4) Any pool or patio which is not covered with a structural roof
or which is covered only with open mesh screening, may be placed within the
required rear or side setback area, but shall be no closer than five feet from
the rear property line. The pools covered in the preceding sentence include
coping, mechanical equipment and structural decks.
(5) The height of the open mesh screening above covered patios
without structural roofs shall not exceed eight (8) feet or be above the fascia
board. The height of the open mesh screening above a pool shall not exceed
fifteen (15) feet above the finished floor elevation.
(6) Any patio open to the sky with or without open mesh screening
may be located within five (5) feet of the rear or side property line.
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B. Al 1 swimming pools shall be subject to the regulations set forth
in chapter 25 of the Code as the same may be amended from time to time. The
owner of any property refused or denied a permit for a swimming pool 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 section would create an undue
hardship.
SECTION 28-51.29 MINIMUM FLOOR AREA PER DWELLING UNIT.
The minimum net floor area for dwelling unit in the district shall be
eight hundred (800) square feet.
SECTION 28-51.30 HEIGHT OF BUILDINGS AND STRUCTURES_
No building or structure, or part thereof, shall be erected or
altered to a height exceeding either two (2) stories with a thirty (30) foot
height limitation; except that a steeple or tower on a house of worship may
extend to a height of fifty (50) feet.
SECTION 2: Section 28-2 of the Tamarac City Code is amended to
read as follows:
Sec. 28-2. Districts - Established and enumerated.
For the purposes of promoting the health, safety, morals and general
welfare of the inhabitants of the city, of securing safety from fire, panic
and other damages, of providing adequate light and air, of preventing
overcrowding of land, of avoiding underconcentration of population, and of
facilitating the provision of adequate transportation, water, sewerage
disposal, parks and recreational facilities and other public requirements, and
maintaining zoning compliance with Tamarac's Comprehensive Plan, the corporate
area of the city shall be divided into the following zoning districts:
R1 district (single-family residence).
R1B district (one -family dwelling).
R-1C district (one -family dwelling).
R2 district (two-family dwelling).
RM-5 district (residential multiple dwelling).
RD-7 district (two-family dwelling).
R-3 district (lot density multiple dwelling).
R-M district (row houses).
RM-10 district (planned apartment).
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R-4A district (planned apartment).
R-5 district (motel and hotel uses).
T-1 district (trailer park).
S-1 district (recreational uses).
B-1 district (neighborhood business).
B-2 district (community business).
B-3 district (general business)..
B-5 di'strict (limited residential office).
B-6 district (limited residential office).
A-5 district (agricultural excavation uses).
M-1 district (light industrial).
M-2 district (medium industrial).
SECTION 3: Specific authority is hereby granted to codify this
ordinance.
SECTION 4: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: This Ordinance shall become effective immediately upon
its final passage.
PASSED FIRST READING this�day of , 1982.
PASSED SECOND READING thisa/day of , 1982.
ATTEST:
CITY CLERY
RECORD OF COUNCIL VOTE
MAYOR:
I HEREBY.CERTIFY that I have
approved the form and correctness DISTRICT 1:
of this ORDINANCE DISTRICT 2:
DISTRICT 3:
DISTRICT .4:
CIT ORN Y _ 7� �$� 7 209A
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