HomeMy WebLinkAboutCity of Tamarac Ordinance O-1989-0131
2
.3
4
'5
i
8
9
10
11
12
13
14
15
16
17
20
21
22
23
24
25
26
27
28
29
32
33
K19
35
36
Temp. Ord. #1420
Rev. 3/22/89
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0-89- /-3
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING; AMENDING ARTICLE 1,
SECTION 28-1, "DEFINITIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC TO PROVIDE
FOR AN AMENDED DEFINITION OF THE TERM
"FAMILY"; PROVIDING FOR REPEALER, PROVIDING
FOR CODIFICATION, PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of residential zoning districts is
to lay out zones where family values: quiet seclusion and
clean air make the area a sanctuary for people; and
WHEREAS, a goal of residential zoning is also to pre-
serve the residential character of the ne-ghborhood, maintain
property values, and prevent parking and congestion problems;
and
WHEREAS, the City Council of the City of Tamarac has
determined that redefining the term "family" as that term is
used in the City of Tamarac Zoning Code: will help promote
the goals referenced above; and
WHEREAS, the City Counci- wishes to define the word
family in a manner that is consistent with the U.S. Supreme
Court decision in Village of Belle Teyye v._Boraas .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA.
SECTION I. That Article 1, Section 28-1, "Definitions"
of the Code of.Ordinances of the C-ty of Tamarac is hereby
amended to read as follows.
_1_
1
FA
3
4
5
i
8
9
10
11
12
13
14
15
16
17
20
21
22
23
24
25
26
27
28
29
30
32
33
34
35
36
ARTICLE I. IN GENERAL
Sec. 28-1. Definitions.
Family: 6ne-}--e--mere-persons--Mitring-tagetl�e--as-ez
szngie-hatxsekeeping--unit;-snpp3�ied-with-a-kite�ien-a�-feeiii-
ties--fay--eeaking-en-the--premises. One or more persons
related by blood, marriage, or ado tion and living as a
sin le housekeeping unit in a dwelling._ The following
persons shall be considered related for the purpose of this
chapter
(1) Not more than five persons under 19 years of
age, residing in a foster home licensed or approved b
-I-- _ i _ i _ _
(2) Any -person who is living with a family at the
direction of a court.
A number ofpersons, but not exceeding three (3), livin
as asing _ ekeeping unit_ though _not _related _byblood,
a pus,
marriage or adoption:_ shall_ be deemed to constitute a family
for the Purpose of this chapter.
SECTION 2: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 3•
Specific authority is hereby granted to
codify this Ordinance.
WM
1
2
,3
4
"5
15
16
17
20
21
22
23
24
25
26
27
26
29
30
32
33
34
35
36
SECTION 4: If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect
without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be sever-
able.
SECTION 5 This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this day of 1989.
PASSED SECOND READING this day of �1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
RICHARD DOODY U
CITY ATTORNEY
FAMILY.ZONING
217.5123088/t
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MA:'OR:4t3RA4VW1rZ-
DISTRICT 1: dM RoNR
61
DISTRICT 2:0-(M STEz.z'i e
DISTRICT 3.04 NoFt-nl
DISTRICT 4: v/M 6IF141>69 6
%g9
��
3./.�� �y
-3-
7525 NORTHWEST 88T-H AVENUE TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722.5900
April 5, 1989
ROBERT LASLIE, SUPPLEMENTS
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy fr= the CITY CiF TAMARAC, the following;
ORDINANCE NO. 0--89-13
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.2401
TELEPHONE (305) 722.5900
April 5, 1989
ROBERT USSERY, CODIFICATION
MUNICIPAL CODE CORPORATION
P.O. Box 2235
Tallahassee, Florida 32304
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO. 0-89-13
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
7525 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321.2401
TELEPHONE (305) 722.5900
April 5, 1989
COUNTY LIBRARIAN
BROWARD COUNTY LIBRARY
100 South Andrews Avenue
Fort Lauderdale, Florida 33301
Enclosed please find your copy from the CITY OF TAMARAC, the following;
ORDINANCE NO. 0--89-13
Very truly yours,
CITY OF TAMARAC
CITY CLERK'S OFFICE
ENC.
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
18. PUBLIC HEARING - MOTIM TO ADOPT Tem . Ord. #1420 on
second reading to amend Article I of Sect on -1 of
the Code to provide for an amended definition of the
ITEM # REF. term "family".
DATE .3 Z �� TAPE SIDE #
VOTE: DISTRICT 3 — C/M HOFFN
DISTRICT 4 -- V/M BENDE
DISTRICT 1 -- C/M ROHR
DISTRICT 2 — C/M STELZ__.
MAYOR ABRAMOWITZ
MOTION BY:
SECONDED BY:
PRESENTED BY:
ACTION REQUESTED:
MAJOR SPEAKERS/PERTINENT DISCUSSION:
C
N
CITY OF TAMARAC
1 INTEROFFICE MEMORANDUM
C/A NO. 8903-8435
TO: MaArtL
Abramowitz and Members of Council
FROM: R'chardoody, City Attorney
SUBJECT: Agenda Stem #18 for Council Meeting 3/22/89,
Temp. Ord. #1420
DATE: March 22, 1989
Enclosed, please find the above -cited Agenda item #18.
Please note that I have struck through the word "immediate"
which appears on page 2, line 11.
Also, enclosed you will find a letter from the ACLU.
If you have any questions, please do not hesitate to
contact me.
RLD/tm
Enclosure
cc: Carol Evans, City Clerk
MEMO TO.
FROM:
DATE:
SUBJECT: _
REFERENCE:
HT9N70
PETITION NO:
PUBLICATION DATES:
COST: No Charge
CC: SHEILA SC[IIFF
ClIg b acullahae
INTER -OFFICE MEMORANDUM
CARDL A. EVAN$, CITY CLERK
LIILIAN MARCUS, CITY CLERK'S OFFICE
March 12,1989.
PUBLICATION COSTS -FORT LAUDERDALE NEWS/SUN-SEtr=
City Of Tamarac
Temp. Ord. #1420
3/12/89
a C.J,
�w9= c �c�
oc10a$Tc vc
ittLE°U _ma � � flcE l" , I ,
lilih- I
0 IT ':5 j
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
AN EQUAL OPPORTUNITY EMPLOYER
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIDA
The following Ordinance has passed first reading by the City
Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING; AMENDING ARTICLE 1, SECTION
28-1, "DEFINITIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF TAMARAC TO PROVIDE FOR AN AMENDED
DEFINITION OF THE TERM "FAMILY"; PROVIDING FOR
REPEALERt PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
TEMP. ORD. #1420
The second reading and public hearing of this Ordinance will
be held during a Regular City Council meeting on Wednesday,
March 22, 1989, at or after 10:00 A.M. and will be considered
by the City Council in the order it appears on the agenda.
The Regular Meeting of the City Council will be held at City
Hall, 7525 N.W. 88th Avenue, Tamarac, Florida, 33321.
Copies of this proposed Ordinance are available for viewing
and purchase at the office of the City Clerk. Interested
parties may appear to be heard with respect to this proposed
Ordinance in accordance with Florida Statute #166.041.
Pursuant to Section 286.0105, rlorida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be based4�&Z'
CARD EVANS
CITY CL K
Publish: Fort Lauderdale News/SunzSentinel
Sur{day, March 12, 1989
O� WS'^r.2O�W �!W¢�r'24. .100�� OCa1 C•• Tl.a $J,L
LLa��,o '="�Z'aWV�P1U-5 JaW. 'v�,��$�w..��s^� AAw_v C-9 `�° ��' 0�
oo a—S aLLO-jwowo - Q dmp� Lp ' E2--Gi � j m a W� p m2 4 c ca
J N—. Q W LL C- �7(�7 C '0a E'1. R Wyyk� W
LLOZprow� F �F0.gW Qo� uI..9�r-�- =`ma3U�aS 3
1�aaoa�=wo ~Zoowo 3_8 li;'r� �' t 6 3- `
v z�z�ryrw u Wo¢ a iP �a - m k'31 s -
i o New ro • e W9 m'sv cri . n
5i���z LLna�a�o • a s�� �.. W v J�X—f
�¢LL pzoza w¢ V_¢c�a�Ctt
c�a av m�o�z�in aaoCczawWa.'Lb 3 4 15 � a� D�� � U
~ c� oaQo<rnF--00 F �U?�w4?5roina kko� E L
FORT LAUDERDALE NEWS/SUN-SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH A. Shepard
Before the undersigned authority personally appeared
who on oath says that he is
Classified S_itp e r v i s o r of the Fort Lauderdale News/Sun-Sentinel, Daily
newspapers published in Broward/Palm Beach County, Florida that the attached
copy of advertisement, being a public Hearing
in the matter of Amending Article 1
in the
was published in said newspaper in the issues of
Mar. 12, 1989
Court,
Affiant further says that the said Fort Lauderdale News/Sun-Sentinel are newspapers published in
said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore been
continuously published in said Broward/Palm Beach County, Florida, each day, and have been entered
as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a period
of one year next preceding the first publication of the attached copy of advertisement; and affiant says
that he has neither paid nor promised any person, firm or corporat' is ot, rebate, commission
or refund for the purpose of securing this advertisement for pub 'cats in a i wspapers. —7
Sworn to and subscribed before me
this ..... 13th , day of,.,. March
89
A..lz4l.. ..J.: �2
- AMot60gy* 1i4 State a f1904gry Public
tommWan Expires Aug. 22,19"
jop&d Mu Trey F9;h . In.uren Inc
1V8V;qVl j0�Alto
�SJ��J /'•i ltij
zd Sj �;;" 0I
C!J;et��",",?tr
PASTE COPY
/9
PUBLIC HEARING
CITY COUNCIL OF
TAMARAC, FLORIDA
The following Ordinance
has passed first reading by
the City Council of the City
of Tamarac, Florida:
AN ORDINANCE OF THE
CITY OF TAMARAC FLORI-
DA RELATING TO ZONING;
AMENDING ARTICLE 1,
SECTION 28-1, "DEFINI-
TONS" OF THE CODE OF
ORDINANCES OF THE CITY
OF TAMARAC TO PROVIDE
FOR AN AMENDED DEFINI-
TION OF THE TERM "FAM-
ILY"; PROVIDING FOR RE-
PEALER- PROVIDING FOR
CODIFIdATION; PROVID-
ING FOR SEVERABILITY:
AND PROVIDING FOR AN
EFFECTIVE DATE. TEMP.
ORD. 91420
The second reading and
public hearing of t his Ordi-
nance will be held during a
Regular City Council meet-
Inon Wednesday. March
21 1989, at or after 10:00
A.M. and will be considered
by the City Council in the
order as they appear on the
agenda. The Regular Meet-
Ing of the City Council will
be held at 'City Hall, 7525
N.W. 88th Avenue. Ta-
marac, Florida, 33321.
Copies of this proposed
Ordinance are available for
viewing and purchase at the
office of the City Clerk. In-
terested parties may appear
to be heard with respect to
this proposed Ordinance In
accordance with Florida,
Statute # 166.041. �
Pursuant to Section
286.0105, Florida Statutes:
If a person decides to ap-
peal any decision made by
the City Council with re-
spect to any matter consid-
ered at such meeting or
t+6rd o? he will need a re-
cord of the proceedings and
lrJr such purpose, he may
'need to ensure that a verba-
tim record Includes the tes-
timony and evidence upon
which the appeal is to be
based.
March 12. 190
FSA1044
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIDA
The following Ordinance has passed first reading by the City
Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING; AMENDING ARTICLE 1, SECTION
28-1, "DEFINITIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF TAMARAC TO PROVIDE FOR AN AMENDED
DEFINITION OF THE TERM "FAMILY"; PROVIDING FOR
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
TEMP. ORD. #1420
The second reading and public hearing of this Ordinance will
be held during a Regular City Council meeting on Wednesday,
March 22, 1989, at or after 10:00 A.M. and will be considered
by the City Council in the order it appears on the agenda.
The Regular Meeting of the City Council will be held at City
Hall, 7525 N.W. 88th Avenue, Tamarac, Florida, 33321.
Copies of this proposed Ordinance are available for viewing
and purchase at the office of the City Clerk. Interested
parties may appear to be heard with respect to this proposed
Ordinance in accordance with Florida Statute #166.041.
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
thle testimony and evidence upon which the appeal is to be based
CAROL,' EVANS
CITY CLERK
Publish: Fort Lauderdale News/Sun Sentinel
Sunday, March 12, 1989
PUBLIC HEARING
CITY COUNCIL OF TAMARAC, FLORIDA
The following Ordinance has passed first reading by the City
Council of the City of Tamarac, Florida:
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONINGf AMENDING ARTICLE 1, SECTION
28-11 "DEFINITIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF TAMARAC TO PROVIDE FOR AN AMENDED
DEFINITION OF THE TERM "FAMILY"; PROVIDING FOR
REPEALER; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
TEMP. ORD. #1420
The second reading and public hearing of this Ordinance will
be held during a Regular City Council meeting on Wednesday,
March 22, 1989, at or after 10:00 A.M. and will be considered
by the City Council in the order it appears on the agenda.
The Regular Meeting of the City Council will be held at City
Hall, 7525 N.W. 88th Avenue, Tamarac, Florida, 33321.
Copies of this proposed Ordinance are available for viewing
and purchase at the office of the City Clerk. Interested
parties may appear to be heard with respect to this proposed
Ordinance in accordance with Florida Statute #166.041.
Pursuant to Section 286.0105, Florida Statutes
If a person decides to appeal any decision made by the city
Council with respect to any matter considered at such meeting or
hearing, he will need a record of the proceedings and for such
purpose, he may need to ensure that a verbatim record includes
the testimony and evidence upon which the appeal is to be baud
l
CAROL A-EVANS
CITY CLERK
Publish: Fort Lauderdale News/Sun Sentinel
Sunday, March 12, 1989
`y
r .
0� T -1Mg9
p pp
i� n i"•
F
d.
7525 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
February 1, 1989
Mr. Elly Johnson
Village Manager
VILLAGE OF MIAMI SHORES
10050 N.E. 2nd Avenue
Miami Shores, Florida 33138
Dear Mr. Johnson:
Enclosed is a copy of Temp. Ord. #1920, amending
Article 1, Section 28-1, "Definitions" of the Code of
Ordinances to provide for an amended definition of the term
"Family", for your records.
CAE/gt
Enclosure
Sincerely,
iz,
Carol A. Evans
City Clerk
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 on
second reading to amend Art cle I of Section 29-1 of
the Code to provide for an amended definition of the
ITEM C IAL REF. term ^family".
DATE4�5-loTAPE SIDE #
- - - - - - - - - - - - - - - - - - - - - - - - - -
VOTE: DISTRICT 4 - C/M BENDE
DISTRICT 1 - C/M ROHR
DISTRICT 2 - V/M STELZ
DISTRICT 3 - C/M HOFFM
MAIUK ABKAMUWITI.
PRESENTED BY:
ACTION REQUESTED:
MAJO SPEAKERS/PERTINENT DISCUSSION:
18. MOTION TO ADOPT Temp. Ord. #1420 on first reading to
amend Article I of Section -1 of the Code to provide
for an amended definition of the term "family".
ITEM # REF. - - - -- -
DATE IJ TAPE SIDE
- - - - - - - - - - - - - - - - - - - - - - - - - -r- - - --
VOTE: DISTRICT 3 - C/M HOF.
DISTRICT 4 - C/M BEN
DISTRICT 1 - C/M ROH
DISTRICT 2 - IT/M STEL��„
MAYOR ABRAMOWITZ
MOTION BY:
SECONDED BY•
PRESENTED BY:
ACTION REQUESTED:
MAJOR SPEAKERS/PERTINENT DISCUSSION:
CITY OF TAMARAC
INTEROFFICE MEMORANDUM
C/A NO. 8901-8413
TO: Ca A. Ev s, City Clerk
FROM: D y, City Attorney
SUBJECT: AN ORDINAN OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING; AMENDING ARTICLE 1, SECTION
28-1, "DEFINITIONS" OF THE CODE OF ORDINANCES OF
THE CITY OF TAMARAC TO PROVIDE FOR AN AMENDED
DEFINITION OF THE TERM "FAMILY"
(Temp. Ord. #1420)
DATE: January 5, 1989
Enclosed, please find the above -cited Ordinance which is
scheduled for the January 11, 1989 City Council agenda.
If you have any questions,
contact me.
RLD/tm
Enclosure
please do not hesitate to
cc: John P. Kelly, City Manager
Mayor Norman Abramowitz & Members of Council
Dale Lee, Acting Chief Building Official
Michael VonHofen, Acting Director Community Development
7525 NORTHWEST 88TH AVENUE 0 TAMARAC. FLORIDA 33.'_2' 2a0'•
TELEPHONE (305) 722-5900
January 27, 1989
Mr. Jerry Graziose
1560 S.W.63 Avenue
Pompano Beach, Florida 33068-4520
Dear Mr. Graziose,
At the January 25, 1989 City Council meeting, the
following action was taken regarding this item:
22. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1420 an
second reading to amend Article I of Section 28-1 of the
Code -to provide for an amended definition of the term
"family".
FINAL ACTION:
TABLED.
Enclosed, please find a draft copy of Temp. Ord. #1420.
If you should have
please contact me.
CAE/nr
Enc.
any questions regarding this matter,
Very truly yours,
Carol A. Evans
City Clerk
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CTTY OF TAMARAC
INTEROFFICE MEMORANDUM
C/A NO. 8903--8435
TO: an Abramowitz and Members of Council
FROM: RchWardaL
T
dy, City Attorney
SUBJECT: Agenda Item #18 for Council Meeting 3/22/89,
Temp. Ord. #1420
DATE: March 22, 1989
Enclosed, please find the above -cited Agenda item #18.
Please note that I have struck through the word "immediate"
which appears on page 2, line 11.
Also, enclosed you will find a letter from the ACLU.
If you have any questions, please do not hesitate to
contact me.
RLD/tm
Enclosure
cc: Carol Evans, City Clerk
FORT LAUDERDALE NEWS/SUN-SENTINEL
PASTE COPY OF LEGAL NOTICE HERE
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH
Before the undersigned authority personally appeared I . J
who on oath says that he is
Classified Supervisor
of the Fort Lauderdale News/Sun-Sentinel, Daily
newspapers published in Broward/Palm Beach County, Florida that the attached
copy of advertisement, being a
in the matter of
in the Court,
was published in said newspaper in the issues of
Afliant further says that the said Fort Lauderdale News/SunSentinel are newspapers published in
said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore been
continuously published in said Broward/Palm Beach County, Florida, each day, and have been entered
as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a period
of one year next preceding the first publication of the attached copy of advertisement; and affiant says
that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication ' said newspapers.
Sworn to and subscribed before me
this.. 20t FEbruary
AAEAL)
19... 8 9.. ~
Ai
State oW&ublic
Notary Pu'wlic,
MY (oMj' '1SSiofl Exp ms July 24, 1
992
lonuwd Thw troy teen- "+mancq ma.
n
w
C °G � A C4 rr s9 1.4 P. w 0>
CD
a m w ro co KO :1O 'O rh o [ �A
moo: c m �K �cD -9 .� u�
c b ry b w P o� ran' C r y
C w w (D Qi
o ,� O t� � m m e•f �+
a N m a Ch Cy c R m d Q
C-4 m b y
o �. ti . ma K C ►d
It
�!•z
o
N ,Y.y K p, n
�P. y �o,p O
Z"°� O� y wow `C n c�
Q
x Aj
ul
n ID..
p c m w n c0� �+
0 CD
... -.0 Cb .ti. 0. O. -9 Q Q V1
cb m
� mmmwm 7J �4 e�►� 1y
°w m CD
a
�..
�c`�
Cv,
p ,i7 0> a 'o K Q ,�
w Zr CD 0
CD
CL CD
er m b CD CL
o � (D j m
CD ,5. _ r
°C
CD� a d
p w a a. o
n
x t
N.Y)
'.kw+
'a6
i?µ . �'',� yak+y',•+^�° _,,.
-
OT"r'1
v'
i I
Temp. Ord. ##1420
Rev. 3/22/89
2
3
CITY OF TAMARAC, FLORIDA
4
ORDINANCE No. 0-89-
5
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING, AMENDING ARTICLE 1,
SECTION 28--1, "DEFINITIONS" OF THE CODE OF
-
ORDINANCES OF THE CITY OF TAMARAC TO PROVIDE
FOR AN AMENDED DEFINITION OF THE TERM
8
`,"FAMILY"; PROVIDING FOR REPEALER, PROVIDING
\FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
9
]�ROVIDING�FOR AN EFFECTIVE DATE.
0
1
WHEREAS,`�.the purpose of r.e;identia! zoning districts is
,h
2
to lay out z�nes wheie family values: quiet seclusion and
.3
clean air makehe area a sanctuary for people, and
.4
5
WHEREAS, a 961al of residential zoning is also to pre-
6
serve the iesidenti 1 character of the neighborhood, maintain
.
�.7
property values, and revent pa�.king and congestion problems;
and
4
ti
!0
WHEREAS, the City �ouncil of the City of Tamarac has
determined that redefining the term "family" as that term is
'.2
used in the City of Tamarac",,Zoning Code: will help promote
the goals referenced above; and',,y
a�
°4
M
,
15
WHEREAS, the City Counci_ dishes to define the word
family in a manner that is consistent with the U.S. Supreme
Court decision in Va..l1a e of Bel. e Te�v. Bol'aas
►g
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
19
� .
THE CITY OF TAMARAC, FLORIDA.
32
SECTION 1, That Article 1, Section 28-1, "Definitions"
33
of the Code of Ordinances of the C-Lty of Tamarac is "hereby
amended to read as follows:
14
35
36
-1-
� 1
ARTICLE I. IN GENERAL
3
4 Sec. 28-1. Definitions.
5
6 Family: 6ne-}}-er__mee--pesons--Irving--tegetie-ss-a
9 single-}�ensekeeping-snit;--srxpped-with-a-kteen-e-fae}i-
0 ties--fvr--seeking-en--tke--pemsscs. One or more ersons
1 immediately related by blood, marria e, or adoption and
2 livinq as a single housekeeping unit in a dwelling. The
3 following persons shall be considered related for the purpose
4 of this chapter:
5
6 (1) Not more than five persons under, 19 years of
7 aqe, residing in a foster home licensed or approved b
the state;
0 (2) Any_person who is livingwith a family_at the
1 direction of a court.
2
3 A number of -persons, -but -not exceeding three (3) , living
4 as a single housekeepin_unit, though not related bv blood,
5 marria e or adoption, shall be deemed to constitute a fam Ly
6 for the purpose of this chapters
;7
g SECTION 2: All Ordinances or, parts of Ordinances in
g conflict herewith are hereby repealed to the extent of such
conflict.
1
32 SECTION 3: Specific authority is hereby granted to
33 codify this Ordinance.
�4
35
46
-2-
ti
l
2
3
4
5
8
9
0
tl
12
13
14
15
16
17
20
21
22
23
24
25
26
27
28
19
30
1
32
33
34
35
36
SECTION 4: If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect
without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be sever-
able.
SECTION 5 This. Ordinance shall become effective
immediately upon adoption and passage.
PASSED
FIRST READING
this
day
of
PASSED
SECOND READING
this
day
of
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE: as
to form.
RICHARD DOODY
CITY ATTORNEY
FAMILY.ZONING
217.5123088/t
1989.
1989.
NORMAN ABRAMOWITZ
MAYOR
-3-
1
2
3
4
5
a
8
9
10
1
11
12
13
14
15
16
17
9
9
20
21
22
23
24
25
26
27
28
29
-4p
1
3?
33
34
35
Temp. Ord. #1420
CITY OF TAMARAC, FLORIDA
ORDINANCE No. 0--88-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA
RELATING TO ZONING; AMENDING ARTICLE 1,
SECTION 28-1, "DEFINITIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF TAMARAC TO PROVIDE
FOR AN AMENDED DEFINITION OF THE TERM
"FAMILY"; PROVIDING FOR REPEALER; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the purpose of residential zoning districts is
to lay out zones where family values, quiet seclusion and
clean air make the area a sanctuary for people; and
WHEREAS, a goal of residential zoning is also to pre-
serve the residential character of the neighborhood, maintain
property values, and prevent parking and congestion problems;
and
WHEREAS, the City Council of the City of Tamarac has
determined that redefining the term "family" as that term is
used in the City of Tamarac Zoning Code, will help promote
the goals referenced above; and
WHEREAS, the City Council wishes to defame the word
family in a manner that is consistent with the U.S. Supreme
Court decision in Village of Belle Terre v. Boraas :
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Article 1, Section 28-1, "Definitions"
of the Code of Ordinances of the City of Tamarac is hereby
amended to read as follows:
W.0
Temp. Ord. #1420
22
23
24
ARTICLE I. IN GENERAL
Sec. 28-1. Definitions.
Family:•®�e---��}--e�-�te�e-pe��en�-1i��r�g-t®ge��ie�--a�---�z
Ea--e--ee®king--e-e-pemies. One or more ersons
immediately_xelated by blood, marriage, or adoption and
living as a single housekeeping unit in a dwelling. The
following persons shall be considered related for the purpose
of this chatter:
(1) Not more than five persons under 19 years of
age, residing in a foster home licensed or a2proved b
4-1-.. -4--4-.
(2) Any person who is living with a family --at the
direction of a court.
A numberofpersons, but not exceeding three (3), livin
as a single housekeeping unit, though not related b��blood,
marriage or adoption, shall be deemed to constitute a family
for the purpose of this cha tee.
SECTION 2: All ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 3.
Specific authority is hereby granted to
codify this Ordinance.
-2-
Temp. Ord. #1420
w
SECTION 4: If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect
without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be sever-
able.
SECTION 5 This Ordinance shall become effective
immediately upon adoption and passage.
PASSED FIRST READING this day of
PASSED SECOND READING this day of
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANCE as
to form.
RICHARD DOODY
CITY ATTORNEY
FAMILY.ZONING
2175123088/t
.Sa I
1989.
1989.
NORMAN ABRAMOWITZ
MAYOR
-3-
AMERICAN CIVIL LIBERTIES
Broward Chapter • P.O. Box 350533
February 22, 1989
Richard Doody, Esquire
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321
Dear Richard:
UNION OF FLORIDA
Fort Lauderdale, FL 33335
G
Re: Proposed Temporary Ordinance No. 1420
Amended Definition of the Fern "Family"
This letter is .intended to set forth the public policy,
philosophical and legal reasons why the Broward County Chapter of
the American Civil Liberties Union ("ACLU") opposes the City of
Tamarac's proposed ordinance amendment which would change the
definition of the term "family" so as to prohibit four or more
unrelated individuals from residing in a dwelling. It is our
hope that the constitutional principles and social concerns
addressed herein, will convince you that there are superior, less
intrusive means of accomplishing Tamarac's goals, without
discriminating against those persons who live with roommates or
C.riends, whether by choice, economic necessity or personal
catastrophie.
As a preliminary matter, we are pleased that you recog-
nize that the use of the term "immediately related" would violate
the U.S. Supreme Court decision Moore V. -City of East Cleveland,
431 U.S. 494 (1977) in which a single family zoning ordinance
which prevented a woman from sharing her home with two grand-
children was invalidated as an unconstitutional deprivation of
due process. Furthermore, it is the ACLU's position that your
reliance on Village of Belle Terre v Boraas, 416 U.S. 1 (1974) is
misplaced. In Belle Terre the Court expressly noted that no
Richard Doody, Esquire
February 22, 1989
Page 2
fundamental rights were involved.
Constitution contains an express
§23, Florida Constitution) which
that
In Florida, however, the State
Right of Privacy (Article 1,
provides, in pertinent part,
Every natural person has the right to be let alone and
free from governmental intrusion into his private
life...
Moreover, in interpreting the scope of this Right to
Privacy, in Winfield v Division of Pari-Mutuel Nagerinc
j, De t. of
Business Re elation, 477 So. 2d 544 (Fla. 19$5), the Florida
Supreme Court stated that:
The citizens of Florida opted for more protection from
governmental intrusion when they approved Article 1,
Section 23, of the Florida Constitution. This amendment
is an independent, freestanding constitutional provi-
sion which declares the fundamental right to privacy.
Article 1, Section 23 was intentionally phrased in
strong terms. The drafters of the amendment rejected
the use of the words "unreasonable" or "unwarranted"
before the phrase "governmental intrusion" in order to
make the privacy right as strong as possible. Since
the people of this state exercised their prerogative
and enacted an amendment to the Florida Constitution
which expressly and succinctly provides for a strong
right to privacy not found in the United States Consti-
tution, it can only be concluded that the right is much
broader in scope than that of the Federal Constitution.
1t is the ACLU's position that the right of four or
more unrelated persons to live in a dwelling as a family is pro-
tected by the State Constitutional Right to Privacy. Please note
that this conclusion has been reached by several State Supreme
Courts that have ruled on this issue. See City of Santa Barbara
v. Adamson, 610 p.2d 436 (Cal. 1980); Charter Toi,,,nship of Delta
v. Dinolfo, 351 N.W. 2d 831, 839 (Mich. 1984); State v—. Baker,
405 A. 2d 368, 374 (N.J. I979).
In considering the proposed ordinance amendment it is
the ACLU's hope that the Tamarac City government will consider
the sociological and economic forces that result in unrelated
persons living together. According to G. Sternlich, J. Hughes &
C. Hughes, Demographic Trends Economic Reality 25 (1982), in 1980
only 60.9% of American households contained a married couple.
"Non -family" households, which Demographic Trends defines as
Richard Doody, Esquire
February 22, 1989
Page 2
fundamental rights were involved. In Florida, however, the State
Constitution contains an express Right of Privacy (Article 1,
§23, Florida Constitution) which provides, in pertinent part,
that
Every natural person has the right to be let alone and
free from governmental intrusion into his private
life...
Moreover, in interpreting the scope of this Right to
Privacy, in Winfield v Division of Para.-Mutuel Nagering, Dept. of
Business Repu1__atio, 477 So. 2d 544 (Fla. 1985), the Florida
Supreme Court stated that
The citizens of Florida opted for more protection from
governmental intrusion when they approved Article 1,
Section 23, of the Florida Constitution. This amendment
is an independent, freestanding constitutional provi-
sion which declares the fundamental, right to privacy.
Article I, Section 23 was intentionally phrased in
strong terms. The drafters of the amendment rejected
the use of the words "unreasonable" or "unwarranted"
before the phrase "governmental intrusion" in order to
make the privacy right as strong as possible. Since
the people of this state exercised their prerogative
and enacted an amendment to the Florida Constitution,
which expressly and succinctly provides for a strong
right to privacy not found in the United States Consti-
tution, it can only be concluded that the right is much
broader in scope than that of the Federal Constitution.
It is the ACLU's position that the right of four or
more unrelated persons to live in a dwelling as a family is pro-
tected by the State Constitutional Right to Privacy. Please note
that this conclusion has been reached by several State Supreme
Courts that have ruled on this issue. See City of Santa Barbara
v. Adamson, 610 p.2d 436 (Cal. 1980); Charter Township of Delta
v. Dinolfo, 351 N.W. 2d 831, 839 (Mich. 1984); State v. Baker,
405 A. 2d 368, 374 (N.J. 1979).
In considering the proposed ordinance amendment it is
the ACLU's hope that the Tamarac City government will consider
the sociological and economic forces that result in unrelated
persons living together. According to G. Sternlich, J. Hughes &
C. Hughes, Demographic Trends Economic Reality 25 (1982), in 1980
only 60.9% of American households contained a married couple.
"Non -family" households, which Demographic Trends defines as
Richard Doody, Esquire
February 22, 1989
Page 3
persons living either alone or with non -relatives accounted for
26 percent of all households.
There are many reasons for the phenomenon. A St. Louis
University Law Journal article attributes the growth, some would
say explosion in non -family households on women's careers, mar-
riages occurring late in life (resulting in many people having
roommates prior to marriage), a soaring divorce rate (with low
income women and children who can't afford to live on their own),
the elderly who, when a spouse dies, all too frequently, are no
longer assimilated into their children's home, the handicapped
and students.
The ACLU believes that housing ordinances such as the
one Tamarac is contemplating only irrationally exacerbate the
housing problem these disadvantaged groups face. To the extent
Tamarac is experiencing noise or congestion problems, strict
enforcement of nuisance and parking regulations, with fines ade-
quate to cover the costs of prosecution, would be appropriate.
Moreover, a rational objective person is compelled to concede the
inherent irrationality of the proposed ordinance. For example,
what harm would there be in four unrelated persons living in a
six or seven bedroom home with adequate parking facilities for
four or more vehicles? Compare that to the impact of a large
"related" family in a smaller home. As noted by the New York
Supreme Court in McMinn v. Town of Oyster Bay, 488 N.E. 2d 1240,
1243 (N.Y. 1985), the maintenance of a neighborhood's residential
character depends "upon the size of the dwelling and the lot and
the number of its occupants" and not upon the nature of the rela-
tionships that exist between the residents. If density is
Tamarac's concern, limitations on persons per square foot or per
bedroom would be far more rational, non-discriminatory and less
intrusive in impact than the proposed ordinance.
The ACLU hopes that the City of Tamarac will reconsider
its position on this issue and remove this ordinance from consid-
eration. We trust that., you will advise us when this issue will
r Richard Doody, Esquire
February 22, 1989
Page 4
be reconsidered so our input can be further considered and any
questions you may have can be addressed.
very truly yours,
ACLU Broward County Chapter
By:
Lar Corman
Chapter Chair
LC/lp
if
Co ies DEPARTMENT OR PERSON RECEIVED DATE
COUNCIL
rtry •�rrn�rvn-v'. . •••••._
do
of 111f'ORCF.MENT
IRENE
!!ASTER PILL
CITY MANAGER
FINANCE DIRECTOR
FINANCE- VM. ACCOUNTANT .,
PURCHASING
POLICE DEPARTMENT- CHIEF
ROLI CE DEPARTMENT - KCMC K
RECREATION DEPARTMENT
PUBLIC WORKS DEPARTMENT
FIRE DEPARTMENT
TVW - ADMINISTRATION
/ CODIFIER MAIL IMMEDIATELY Mun cipal Code Corp -,PO 2235, Ta11a ssee 32304
Robe rt Leslie In charge o �)
Robert Ussery [in charge of Codifica *on)
PERSONNEL
nvrtaerarV svi t
D. WANCHICK, ADMIMI7.
CTY.►CANNING tOIm
PETITIONER OR APPLICA
CLERK'S PROJECT FILE
Will Mazkham
115R Areas Ave_,,�'tr, I�u
225 S. h rew3 Ave., An. 307
$519 f$. Megab Ail. Tzmrac 33
COPIED
DISTRIBUTED