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Home My WebLink AboutCity of Tamarac Ordinance O-2003-010Temp. Ord. #1997 — April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003- /0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED, "ZONING", ARTICLE VII, "FENCES, WALLS AND HEDGES", SECTION 24-631 ENTITLED, "RESIDENTIAL DISTRICTS" BY AMENDING SETBACK REQUIREMENTS FOR FENCES AND WALLS, AMENDING HEIGHT REQUIREMENTS FOR FENCES AND HEDGES, PROVIDING FOR EXEMPTIONS, AND PROVIDING FOR DEFINITION OF "SECONDARY STREET"; AND AMENDING SECTION 24-634 ENTITLED, "ALL DISTRICTS" TO REQUIRE THAT ALL FENCES, WALLS AND HEDGES LOCATED WITHIN A SIGHT TRIANGLE MUST ADHERE TO THE APPROPRIATE STATE, COUNTY OR CITY STANDARDS (CASE NO. 7-Z-03); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Community Development staff found inconsistencies within the current ordinance pertaining to fence and hedge height and placement, and also wanted to address the state, county and city regulations relating to fence, wall and hedge requirements in sight triangles, and determined it to be in the best interest of the City to amend this ordinance in order to eliminate conflicts and add clarification; and CODING: Words in str„^k thFqugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1997 — April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 2 WHEREAS, Community Development staff researched this issue and decided upon action which is in the best interest of the City; and WHEREAS, Section 24-631 entitled, "Residential Districts" supports Section 5-148 entitled, "Safety Barriers"; and WHEREAS, the Community Development Director recommends approval of this Ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning", Article VII, "Fences, Walls and Hedges", Section 24-631 entitled, "Residential Districts" by amending setback requirements for fences and walls, amending height requirements for fences and hedges, providing for exemptions, and providing for definition of "secondary street"; and amending Section 24- 634 entitled, "All Districts" to require that all fences, walls and hedges located within a sight must adhere to the appropriate state, county or city standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: CODING: Words in struck ttf-e-ugh type are deletions from existing law, Words in underscored type are additions Temp. Ord. #1997 — April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 3 SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning", Article VII, "Fences, Walls and Hedges" is hereby amended as follows: Sec. 24-631. Residential districts. In all residential districts, fences; and walls edges may be erected to a maximum height of six (6) feet along the rear property line; except, if the rear property line abuts a commercially zoned property, then such maximum height permitted shall be eight (8) feet. The maximum height permitted to be installed along the side property line or elsewhere within the required side yard between the required street front setback and the rear building I;__ ine property line shall be six (6) feet for fences and walls. The maximum height permitted to be installed along the front street setback line shall be four (4) feet.. for chain link fences, six (6) feet for wooden or decorative fences. All hedges, whether abutting residential commercial or public rights -of -way shall be maintained at a maximum of ten (10) feet along the front setback line and side and rear property lines. Palmspecies planted to create CODING: Words in StrUGk through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1997 — April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 4 a solid buffer. and maintained accordina to the National Arborist Associations tandards shall be exempt from the height restrictions of this section. No fences, wall or hedges shall be installed or be permitted to remain in required front street setback areas or public rights-of-way..,except those properties containing two (2) street yards may erect a fence, wall or hedge no more than three (3) feet from the Property line adjacent to the secondary street. A secondary street shall be defined as the street front not used as the primarV entrance to a residential dwelling. Where a canal maintenance easement exists, an opening must be provided for maintenance purposes, which shall be a minimum of eight (8) feet in width. If there is a gate, it shall be hinged or removable for access. Sec. 24-634. All districts. _ L All. f_e_nceswalls and. hedges located in a sight ht triangle must adhere to the appropriate state county, or city standards. CODING: Words in struE* through type are deletions from existing law; Words in underscored type are additions. 1 1 U Temp. Ord. #1997 — April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 5 SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 severable. CODING: Words in s#4G ' 49�Kj-j type are deletions from existing law, Words in underscored type are additio Temp. Ord. #1997 —April 22, 2003 Revision No. 1 — May 6, 2003 Revision No. 2 — May 8, 2003 Page 6 SECTION 6: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this 14th day of May, 2003. PASSED, SECOND READING this 281h day of May, 2003. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Rea 'ng MARION SW NSON, CMC MAYOR SCHREIBER i. CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF — DIST 4: V/M ROBERTS i"rr�lU I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER '� DIST 1: COMM. PORTNER c�- T 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF V DIST 4: V/M ROBERTS 1 MITCi-tELL S. FT CITY ATTORNY// commdev\u:\pats\userdata\wpdata\ord\1997ord CODING: Words in s#uef Ahrwgh type are deletions from existing law; Words in underscored type are additions.