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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0021 2 3 4 5 1 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 33 34 35 36 Sponsored by Introduced by: Temp. Ord. #1070 Revised 12/14/83 Revised 1/03/84 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-84- 2- AN ORDINANCE OF,THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 6, BEAUTIFICATION, SUBSECTIONS 6-12(b)(5) AND 6-45, (b), IN ORDER TO PERMIT CONSTRUCTION OF PRECAST CONCRETE PANELS ALONG (B-1, B-2, B-3, B-5, B-6, I-1, R--5 AND M-1) PROPERTY LINES WHERE ABUTTING RESIDENTIAL OR RECREATIONAL (S-1) ZONING DISTRICTS AS ALTERNATIVE DESIGN TO SOLID MASONRY WALLS; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PBQY�]��NG_ WHEREAS, the City Council wishes to amend Chapter 6 of the City Code, "Beautification", to clarify the type of walls permitted in commercially zoned districts (B-1, B-2, B--3, B-5, B-6, I-1, R-5 and M-1). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That subsection 6-12 (b)(5) is hereby amended by deleting the words and phrases which are struck through and adding the words and phrases which are under- scored to read as follows: "Section 6-12 (b)(5) Where abutting a residential g-L r,Qc,reation_4J__(Z_-J. district, a ten -foot landscaped buffer strip shall be provided with shade trees, at least ten (10) feet high when planted, placed no further than twenty-five (25) feet apart, center to center, along with a six -foot -high solid masonry wall, stuccoed and painted, erected along such an abutting line. However, an optional design of such a wall may be approved by the city council at its discretion when agreed to by all the adjoining property owners on both sides of the wall. When an optional design of a wall is approved, the developer or landowner shall be respon- sible for care and maintenance of the wall. The 1 developer or landowner shall provide the city with an 1 irrevocable easement in the form acceptable to the city 2 attorney, authorizing the city to go on to the 3 developer's or landowner's property to maintain the 4 fence after notice has been provided to the developer or 5 landowner that the fence is in disrepair and repairs <haves-'t> haves been made. The cost of any repairs performed by the city shall be the responsibility of the 8 developer or landowner. The city may place a lien on 9 the property reflecting the value of any repairs, which 10 lien may be foreclosed in the manner set forth in the 11 Florida Mechanics Lien Law". 12 �E_2y That subsection 6-45(b) of the City Code is 13 hereby amended by deleting the words and phrases which are 14 struck through and adding the words and phrases which are 15 underscored to read as follows: 16 "Section 6-45(b) Where B-1, B-2, B-3, B-5 and B-6 II1_, 17 R-5 and M--1 zoning_ districts abut a residentially zoned 18 district or a S-1 district, excluding a golf course, a six -foot --high solid <maaonxy> wall, <atAa000ed-and- 20 pal+A-e4>1 shall be required along the line so abutting, 21 as a condition of approval of the site development plan. 22 h wall may be soli masonv, stuccoed and 23 painted -or precast concrete panels (painted 4; re- 24 colored) forming a cs will withokit any _feneetrat pp, 25 If Rrgcapt, the -tcxDiD-4 t"ILP9c-t_.4ILd— thc_c o r n e r Rost 26 s ha l be _pg� n�anenY�c�_1i��c Pc�_ and the 27 Dazt a jccent post in a manner acceptable to the Chief 28 D-Ull-di g_Offigial. _anels sha2�_ t be 29 pcgmitted. The city council may approve an optional 30 design of a wall at its discretion when agreed to by all adjoining property owners on both sides of the wall. When an optional design of a wall is approved, the 33 developer or landowner shall be responsible for care and 34 maintenance of the wall. The developer or landowner 35 shall provide the city with an irrevocable easement in a 36 2 I 1 2 3 4' 5' .y 8 9 10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 27 1 28 29 30 33 RM,2 form acceptable to the city attorney, authorizing the city to go on the developer's or landowner's property to maintain the fence after notice has been provided to the developer or landowner that the fence is in disrepair and repairs <haven't> hayg not been made. The cost of any repairs performed by the city shall be the re- sponsibility of the developer or landowner. The city may place a lien on the property reflecting the value of any repairs, which lien may be foreclosed in the manner set forth in the Florida Mechanics Lien Law." 5JDJ ,3_,-_ Specific authority is hereby granted to codify this Ordinance. 5=TJQN 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION ,: 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 thereof, other than the part declared to be invalid. BF(_TTQJ_6: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this 14th day of December 5 1983. PASSED SECOND READING this 3rd day of January , 1984. ATTEST: ASSISTANT CITY -CLERK I HEREBY CERTI Y that I have approved the orm and correctness Of Ordi� nce. C ATTORNEY C MAYOR RECORD OF C61JNCIL VOTE MAYOR FALCK: DIST, 1: C/M KRAVITZ: i DIST. 2: V/M MASSARO: DIST. 3: GM STELZER: DIST. 4: C/M KRANTZ:. Div i� 35 36 3