HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0011
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Sponsored by.
Introduced byTTemp.Ord. #1068
Revised 12 27/83
Revised 1/3/84
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-84- 1
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
AMENDING SECTION 28-216 OF THE CITY CODE;
"TEMPORARY MODEL, SALES AND ADMINISTRATIVE USE"
OF CHAPTER 28 -- ZONING, TO INCLUDE SPECIFIC
"REQUIREMENTS FOR PERMITTING THE CONSTRUCTION
OF TEMPORARY COMMERCIAL ENTERPRISES LOCATED IN
COMMERCIALLY ZONED PARCELS OF LAND; PROVIDING
A REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFI=ON; AND P�QVIDII�JS-AN.�� �IYE-��
WHEREAS, the Tamarac City Council adopted Section 28-216
of the City Code, "Temporary Model, Sales, and Administrative
Use", regulating accessory uses regarding residential
developments; and
WHEREAS, the Tamarac City Council wishes to amend said
section to provide for, and regulate similar temporary
accessory uses in commercial developments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTIO11__Jy That Section 28-216 of the Tamarac City
Code, is hereby amended to provide as follows (by deleting
the words and phrases which are struck through and adding the
words and phrases which are underlined):
"Section 28-216. Temporary model, sales, and
administrative or op_exAjj4nal use.
(a) The city council hereby determines that it is in
the best interests of the city to expedite and complete <-t-he>
go approved construction <ef_a_res1daa-tla1> projects which
<-hes-> have been initiated. Accordingly, irrespective of
other provisions in this Code, the council may permit, by
motion or resolution and subject to the restrictions set
forth in this section, the temporary use for any_gj2zbi.=ion
21 model, sale _ or administrative purposes: <o-r--as-y
binato-af-e-aba�ze,a a single-family structure,
multifamily structure, or recreation structure, and the
temporary use of a temporary structure for sales purposes
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only, in a residential zoning district. The model, sales or
1 administrative offices shall be located at a place where
2 there will be minimal disruption or inconvenience to the
3 3�> public.
4 as determined by the council in its sole and absolute
5 discretion.
(b) The city—poun il may al�4_ cermi yby mgll��
resol=jam,u_ and_,suQ_tto- J1e restrict qns set #g n
9 ed-#-g_sYe i�ims �8.2XMnLi_t e d c omme_r c i a1 uzv__in_A
10 commercial zoj2,ing-SJ,j stricJ,..__The
11 tive operational Dffjggg_gr. accessogy st�cctures shc�]�g
12 oc,t a place where there mill- e_.a3
14 disci
15 -tfbj> c�L Such temporary use shall be subject to the
16 following terms, conditions and procedures:
17 (1) Upon proper application containing all details
18 requested by the city, the council, <ix_,its-sole
may permit such temporary use for a
20 period of six (6) months, renewable upon specific
21 application for additional six-month periods. In
22 no event shall such temporary use continue beyond
23 the completion of each project granted permission
24 to use a structure. The determination by the
25 Council to deny permission for such temporary use
26 shall be binding and conclusive upon the applicant.
27 (2) Each application for such temporary use shall
28 contain proof or documentation as to the following:
29 (i) The 4subj-ect-> project if repidential. shall
30 consist of a minimum of ten (10) dwellings or
dwelling units.
(ii) The program for completion of the project
33 contemplates continuous construction.
34 (iii) A yalid..�gexnid site plan showing:
35 a. All items shown on the original site plan
36 g9"Qygd MUsuant
b. The layout of a paved parking area (with
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appropriate landscaping) having a minimum
of: 41r> ten (10) spaces plus two (2)
additional spaces for each additional
model after the first model unit in a
single family jenjdenhjaj
development4t> or 42r> ten (10) spaces
plus three (3) addiitional spaces for each
model after the plus three (3) additional
spaces for each model after the first
model unit for multiple family
reside units; 54_121_P19.
"_4agg_for_each one_hundrgd_ _( AO.) g-quare
g U r f agkp,,,
c. Traffic circulation in and around the
parking area;
d. A circle drawn around each model
encompassing all property within4�>
41 0three (300) hundred feet of said model
in a multi -family development; or 42,> one
hundred fifty (150) feet from each model
in a single-family development, both meas-
sured in the manner set forth in
subsection d, below. «wing-kn-bhe
psrkrreg-rues-shall-be-rr-marnarmtrm-ef-erce-flj-
layer-af--eearae-asphalt->
(iv) 8��,and_P�_��iowing _ite_rrLsL_QD_the
PsialnaII 1 nndscape Pans plus
any of er_�andscePI�9_P�S2PQee�_4
be installed Sd tjL._tb_e_ n�A2,gj
C_OD21_ez_or. t AIX Ise -
A separate <aheet), drawing _showing the E�tr�ferma lead
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required site plan, information-
1 .plan_abovE> for the model units <a-nd-thg> s41:1—Qluu •na area
2 <surx_aunding_same> in larger scale may be requested by the
3 city planner to assist in review of the application.
4 (v) That such temporary use will be solely in
5 furtherance of the completion and sale of the
4.subjaat> project, or as stated in subsection
(a) above.
8 <- -Yij-> (yjjJ Such other information or data as may
9 required by the City.
10 (3) Each application for either the original term or a
11 renewable term shall be accompanied by a
12 nonrefundable fee based upon the size of the
13 proposed project in an amount determined by
14 resolution of the city council.
15 (4) Upon expiration, revocation or termination of such
16 permit for temporary use, the model, sales, and
17 me administrative uses, temporary comrcial_,gJUuc-
��sessorv�_t.,111g_t1re shall be forth --
with terminated and the structures or buildings
shall be promptly vacated and converted to a use
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21 normally permitted in the district in which the
22 property is located, or if the approved structure
23 was a temporary structure, it shall be removed
24 within thirty (30) days of the date of expiration,
25 termination or revocation of approval. In order to
26 guarantee removal of a temporary structure in a
timely manner, an applicant for approval of a temp-
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orary structur€ shall grant the
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city 1
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_j,i)_An irrevocable easement to go onto the
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property at any time after thirty (30) days of
expiration, termination or revocation of the
permit in order to remove or to demolish the
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temporary structures;
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(ii) An option to the city to acquire the <4wde.L>
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temporary s .rt _UgJ.p for any purpose whatever
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for the sum of ten dollars ($10.00) in the
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event it is not moved within thirty (30) days
of expiration, termination or revocation of
the permit; and _
(iii) A cash bond in the amount Gaf=tea=tk=Sanrl
1ars.> Yove� ��1ii��i1
to cover the cost of demolition or removal of
the temporary structure.
(5) CgYtitIggtg_q�LQgcunancv
(,moo certificate of occupancy shall be issued to
any <.ather> Addt"nAl residential dwelling
units in <:tbe> a project <hotrssng--t-re> that
hgg_g~..tgpr)grgxy model, sales, or admini-
strative structure -,,- <wh.ich_are-three_hundreA
mess-��s�r��e-�€1s13�g-
st rtre-tures= -in- a - mu-kttJr-famrl y- terra a- -and- ogre
k�en�r�d-�r€�y--Flraa�--€eel-0�-3$ss--axe-a-�gl�
4ami kp - a-rea-wh-ireH--i.-s, - temporam i-1y- used-tor-
-med-e-1--saI.-eLs-o-f -lee--ar-a4minlztratIve-oLLice€
-sa3��model-e{x�p1e�--fie--tie-lit-1�-n�-ems ��ay_
-lets-witlrrn-tie-awe-ri:> if the new,
mi 1 v b 11 d i n _q.1
feet (300') gf the _temporaIv use ,ILg_tI=_q_
if the_ lot containing_ the new__ginalg_ami�X
building is with iri-ooe hundred fifty_lgjak.
(1501) of_th lot containing the_temporary use
structure...
The council may waive this restriction upon
presentation of sufficient proof that an undue
hardship to the applicant would be created by
its imposition.
(J21_D_a_osDDgxgial project any tempo r-y-..gtruc-
=g__m_ugt_bg_removed within . rtv(301_days
o _ �� 3) Ygg u r e .
(6) Upon the termination of the temporary use of such
stuctures or buildings, all necessary changes to
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conform to the original approved site plan of the
project shall be made before a certificate of
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occupancy shall be issued with respect to such
buildngs or structures.
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(c) The council shall have the right to provide
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such waivers, terms and conditions as it
shall, in its sole discretion, deem proper in
granting such temporary use for either the
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original six month period or any renewable
periods.
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(d) The council shall have sole discretion by
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motion or resolution to terminate such
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temporaary use upon thirty ((30) days after
written notification to the applicant, <.of
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-tM-ray-{3{}}-d-ays> provided the council has
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made any one of the following determinations:
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(1) that>_.that
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there has been a cessation of continuous
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construction of the project, or failure to
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commence construction of the models,
administrative office, <-or> sales office,
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accesrY�1��r
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ercial striig p within six (6) months of
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the date of council approval
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(2) <-The`-Geu;w,11-has -det-ormi4 ad--t"t> that
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the temporary use QY_ the_ operati4� ,_Qn
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_�
pprov.mPPx,i .com ercial ,��
rPr
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was not solely in furtherance of
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expediting the construction and completion
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of the subject project;
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(3) <'i�-ee�r�ll-s-det�ried-ata
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the applipi . for such
temporary use has not complied with the
terms and conditions specified by the
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council
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( 4 ) <The-eoime33 -.has- -dete-r-mlaet hat,> that
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there is more than minimal disruption or
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inconvenience to the existing community
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when models are used at one project for
another project as permitted in subsection
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(a) above ; or
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( 5 ) thAt
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the structure or grounds around <them> t1.
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5Blpporarv_� are not being maintained in
an aesthetically acceptable manner.
.2Q1.21.. All Ordinances or parts of Ordinances in
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conflict herewith are hereby repealed to the extent of such
conflict.
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,SF[, 3y Should any section or provision of this
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Ordinance or any portion thereof, or any paragraph, sentence
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or word be declared by a Court of competent jurisdiction to
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be invalid, such decision shall not affect the validity of
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the remainder thereof as whole or any part hereof, other than
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the part declared to be invalid.
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SECTION 4:. Specific authority is hereby granted to
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codify this Ordinance.
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PASSED FIRST READING this 14th day of December , 1983.
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PASSED SECOND READING this 3rd day of January , 1984.
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MA
22 ATTEST:
232A_1_=
ASSISTANT CITY CLERK
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I HEREBY CERTIFY that I have
25 approved th form and correctness
of this Or nance.
26 r
27 COX ATTORNEY
RECORD OF COUNCIL VOTE
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MAYOR FALCK:
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DIST. 1: C/M KRAVITZ:
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DIST. 2: V/M MASSARO:
DIST, 3: C/M STELZER:
DIST. 4: C/M KRANTZ:
33 3 /A/s
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