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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0011 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 a 20 21 22 23 24 25 26 27 28 29 30 33 34 35 36 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 1 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 2 i 8 i 9 10 2I 14 15 16 1 i 17 18 19 20 21 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 3 UUl 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 20 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- 27 orary structur€ shall grant the 28 city 1 29 _j,i)_An irrevocable easement to go onto the 30 property at any time after thirty (30) days of expiration, termination or revocation of the permit in order to remove or to demolish the 33 temporary structures; 34 (ii) An option to the city to acquire the <4wde.L> 35 temporary s .rt _UgJ.p for any purpose whatever 36 for the sum of ten dollars ($10.00) in the 4 1 8 9 10 11 12 13 14 15 16 17 18 `) 21 22 23 24 25 26 27 28 29 30 33 34 35 36 event it is not moved within thirty (30) days of expiration, termination or revocation of the permit; and _ (iii) A cash bond in the amount Gaf=tea=tk=Sanrl 1ars.> Yove� ��1ii��i1 to cover the cost of demolition or removal of the temporary structure. (5) CgYtitIggtg_q�LQgcunancv (,moo certificate of occupancy shall be issued to any <.ather> Addt"nAl residential dwelling units in <:tbe> a project <hotrssng--t-re> that hgg_g~..tgpr)grgxy model, sales, or admini- strative structure -,,- <wh.ich_are-three_hundreA mess-��s�r��e-�€1s13�g- st rtre-tures= -in- a - mu-kttJr-famrl y- terra a- -and- ogre k�en�r�d-�r€�y--Flraa�--€eel-0�-3$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 5 conform to the original approved site plan of the project shall be made before a certificate of 1 2 occupancy shall be issued with respect to such buildngs or structures. 3 (c) The council shall have the right to provide 4 5 such waivers, terms and conditions as it shall, in its sole discretion, deem proper in granting such temporary use for either the $ original six month period or any renewable periods. 9 (d) The council shall have sole discretion by 10 motion or resolution to terminate such 11 12 temporaary use upon thirty ((30) days after written notification to the applicant, <.of 13 -tM-ray-{3{}}-d-ays> provided the council has 14 made any one of the following determinations: 15 (1) that>_.that 16 there has been a cessation of continuous 17 ' construction of the project, or failure to 18 commence construction of the models, administrative office, <-or> sales office, 2u accesrY�1��r 21 ercial striig p within six (6) months of 22 the date of council approval 23 (2) <-The`-Geu;w,11-has -det-ormi4 ad--t"t> that 24 the temporary use QY_ the_ operati4� ,_Qn 25 _� pprov.mPPx,i .com ercial ,�� rPr 26 was not solely in furtherance of 27 expediting the construction and completion 28 of the subject project; 29 (3) <'i�-ee�r�ll-s-det�ried-ata 30 the applipi . for such temporary use has not complied with the terms and conditions specified by the 33 council 34 ( 4 ) <The-eoime33 -.has- -dete-r-mlaet hat,> that 35 there is more than minimal disruption or 36 inconvenience to the existing community 6 when models are used at one project for another project as permitted in subsection 1 (a) above ; or 2 ( 5 ) thAt 3 the structure or grounds around <them> t1. 4 5Blpporarv_� are not being maintained in an aesthetically acceptable manner. .2Q1.21.. All Ordinances or parts of Ordinances in 8 conflict herewith are hereby repealed to the extent of such conflict. 9 ,SF[, 3y Should any section or provision of this 10 Ordinance or any portion thereof, or any paragraph, sentence 11 or word be declared by a Court of competent jurisdiction to 12 be invalid, such decision shall not affect the validity of 13 the remainder thereof as whole or any part hereof, other than 14 the part declared to be invalid. 15 SECTION 4:. Specific authority is hereby granted to 16 codify this Ordinance. 17 PASSED FIRST READING this 14th day of December , 1983. 18 PASSED SECOND READING this 3rd day of January , 1984. 3 20 21 MA 22 ATTEST: 232A_1_= ASSISTANT CITY CLERK 24 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 28 MAYOR FALCK: 29 DIST. 1: C/M KRAVITZ: 30 DIST. 2: V/M MASSARO: DIST, 3: C/M STELZER: DIST. 4: C/M KRANTZ: 33 3 /A/s 34 35 36 7