HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-0111
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003- /
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 II "ADMINISTRATION",
DIVISION 3 "PLANNING BOARD", SECTION 24-64
"POWERS AND DUTIES" ASSIGNING RESPONSIBILITY
TO HEAR VARIANCES AND APPEALS TO THE
PLANNING BOARD; DELETING SECTION 24-65
"EFFECT ON POWERS AND DUTIES OF BOARD OF
ADJUSTMENT" IN ITS ENTIRETY, IN ACCORDANCE
WITH ORDINANCE 0-2003-04; CREATING A NEW
SECTION ENTITLED, "REVIEW AND CONSIDERATION
OF VARIANCES AND APPEALS BY PLANNING BOARD"
SPECIFYING THE PLANNING BOARD'S POWERS AND
DUTIES TO HEAR VARIANCES AND APPEALS,
PROVIDING FOR NOTICE, REVIEW OF
ADMINISTRATIVE ORDERS, APPEAL, STAY OF WORK
UPON APPEAL TO PLANNING BOARD, HEARING AND
JUDICIAL REVIEW (CASE 8-Z-03); PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City of Tamarac Ordinance 74-34, passed and adopted on July 10,
1974, created a Board of Adjustment pursuant to F.S. Section 163.220; and
WHEREAS, F.S. Section 163.220, entitled "Board of Adjustment; creation and
composition; terms; officers; etc", was repealed in 1985; and
WHEREAS, Attorney General Opinion (AGO) 86-34, issued April 28, 1986 states
that since F.S. Section 163.220 was repealed in 1985, a separate Board of Adjustment and
Planning Board is no longer required, and a municipality may now use a single Planning
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 --- April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 2
and Zoning Board rather than a Planning Commission and a separate Board of
Adjustment; and
WHEREAS, the Board of Adjustment was sunsetted February 26, 2003 by the City
Commission via Ordinance No. 0-2003-04; and
WHEREAS, the powers and duties previously assigned to the Board of Adjustment
relative to considering and hearing variances and appeals should be assigned to the
Planning Board as these functions are necessary to conduct municipal business; and
WHEREAS, the Director of Community Development recommends amending
Chapter 24 of the City of Tamarac Code of Ordinances assigning powers and duties of the
former Board of Adjustment relative to hearing variances and appeals to the Planning
Board; 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 II, "Administration",
Division 3 "Planning Board", Section 24-64 "Powers and Duties" assigning responsibility to
hear variances and appeals to the Planning Board; Delete Section 24-65 "Effect on Powers
and Duties of Board of Adjustment" in its entirety; Create a new Section entitled, "Review
and Consideration of Variances and Appeals by Planning Board" providing for notice,
review of administrative orders, appeal, and stay of work upon appeal to the Planning
Board.
CODING: Words in rtFwE thpeugh type are deletions from existing law;
Words in underscored type are additions.
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Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 this Ordinance
upon adoption hereof.
SECTION 2: That Chapter 24 of the Tamarac Code is hereby amended by
revising Article II, Administration, Division 3, Planning Board as follows:
Sec. 24-64. Powers and duties.
(a) The planning board shall have, in addition to the powers
prescribed in this division, all powers and duties of a planning board
as provided by part II of F.S. chapter 163. Nothing in this article shall
grant to the planning board any power or duty which is inconsistent
with or prohibited by the provisions of state law with respect to
planning boards. The planning board shall be responsible for all
duties and powers as they relate to considering and hearing variances_
and appeals, as defined in this chapter.
CODING: Words in 6truck through type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 4
SECTION 3: That, Section 24-65 "Effect on powers and duties of
board of adjustment" is deleted in its entirety in accordance with Ordinance 0-2003-
SECTION 4: That a new section entitled "Review and consideration of
variances and appeals by Planning Board" be created assigning powers and duties
as they pertain to hearing variances and appeals to the Planning Board as follows:
Section Review and Consideration of variances and appeals b
Planning Board.
1)The olannina board shall have the followina powers and duties:
(a) Appeals. To hear and decide appeals when it is alleged
that there is error in any order, requirement, decision or
determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted.
b) Variances.
1. To authorize upon appeal such variance from the terms
of this chapter and other zoning ordinances as will not be
contra[M to the public interest, when, owing to special
conditions, a literal enforcement of such provisions would
result in unnecessary and undue hardship. In order to
authorize anv variance from the terms of this chapter and
other zoning ordinances, the planning board must find that:
CODING: Words in str„^k througli type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 -- April 9, 2003
Revision No. 3 -- April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 5
a. Special conditions and circumstances exist which
are peculiar to the land, structure or building involved
and which are not a licable to other lands structures
or buildings in the same zoning district
b. The special conditions and circumstances do not
result from the actions of the applicant;
C. Granting the variance requested will not confer
on the applicant any special privilege that is denied by
any law or ordinance to other lands, buildings or
structures in the same zoning district:
d. Literal interpretation of the provisions_ of this
chapter or other ordinances would deprive the applicant
of rights commonly enjoyed by other properties in the
same zoning district under the terms of such provisions
and would work unnecessary and undue hardship on
the applicant;
e. The variance granted is the minimum variance
that will make possible the reasonable use of the land;
building or structure; and
f. The grant of the variance will be in harmony with
the general intent and purpose of this chapter and other
ordinances and that such variance will not be injurious
to the area involved or otherwise detrimental to the
public welfare.
2. In granting any variance, the planning board may prescribe
appropriate conditions and safeguards -in conformity with
the authority _ ranted under this article. Violation of such
conditions and safeguards, when made _a part of the terms
under which the variance is granted, shall be deemed a
violation of the law or ordinance_ affected_ thereby,
CODING: Words in 6tFUGk throwqI4 type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 -- April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 -- May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 6
3. The Ip anninq board may prescribe a reasonable time limit
within which the action for which the variance is required
shall be begun or completed, or both.
4. _ Under no circumstances, except as permitted in this
subsections_ shall the planning board grant a variance to
permit a use not generallyor by special exception permitted
in the zoning_ district involved or any use expressly or by
implication prohibited by the terms of this chapter or other
ordinances in the zoning district. No nonconforming use of
neighboring lands, structures or buildings in the same
zoning district and no permitted use of lands, structures or
buildings in other zonincLdistricts shall be considered
grounds for the authorization of a variance.
(2) Posting of notice.
a. The responsibility for postina notice of public hearinas on
property re uired to be posted, now or in the future
including without limitations special exceptions and
variances, shall rest with the property owner or applicant.
Prior to the date when the property is to be posted, the
applicant_ or p=erty owner shall post with the city
department of community development or other department
designated by the city manager a deposit of sixty dollars
($60.00) for a sign, which he/she shall post on the property.
The property owner or applicant shall submit to the city,
prior to a___public hearing, an affidavit stating the location on
the property (a prominent location readable from the
roadway adjoining the property is required) and the time
and date when the notice was posted; and he/she shall
submit an affidavit immediately prior to each required public
hearing that the notice is still on the property and that it
does not appear to have been disturbed since the time it
was posted. Failure to submit the affidavit shall prohibit
consideration of the application by anyone in the city_
CODING: Words in 6tFUGk through type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 -- May 14, 2003
Page 7
b. If a matter is to be considered by both the planning board
and by the city commission, separate notices of hearings
before each body are to be posted.
c. Subsequent to the final public hearing, the applicant or
property owner shall return the sign in good condition to the
department of community development, _ or other
department designated by the city manager,_ and shall
receive his/her deposit of sixty dollars ($60.00). Failure to
return the sign within five (5)_working_days of the date of
final public hearing in good condition shall _cause the
applicant or property owner to forfeit the deposit, and the
sign will be retrieved by an appropriate employee of the
city.
(3) Review of administrative orders, requirements, etc. -- In
exercising its powers, the planning board_ may, upon appeal and in
conformity with the authority granted under this article, reverse or
affirm wholIV or partly, or may modify the order, re uirements
decision or determination made by an administrative official in the
enforcement of any zoning ordinance or regulation adopted, and may
make any necessary order, requirement, decision or determination
and to that end shall have all the powers of the officer from whom the
appeal is taken. The concurring vote of a majority of all the members
of the board shall be necessary to reverse any order, re uirement
decision or determination of any such administrative official or to
decide in favor of the applicant on any matter upon which the board is
required to pass under any such ordinance or regulation.
(4) Appeals from decisions of administrative officials — Generally.
App eals to the lannin board may be taken b an person aggrieved
or by any officer, board or bureau of the city affected by any decision
of an administrative official under this chapter or any zoning ordinance
enacted. Such appeal shall be taken within thirty (30) days after
rendition of the order, requirement, decision or determination
aooealed from by filina with the officer from whom the armeal is taken
and with the planning board a notice of appeal specifying the grounds
CODING: Words in etr„GU th.9Wgh type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 8
therefore. The appeal shall be in the form prescribed by the rules of
the board. The administrative official from whom the appeal is taken
shall, upon notification_ of the filing of the appeal, forthwith transmit to
the planning., board all, the documents, plans papers or other materials
constituting the record upon which the action appealed from was
taken.
(5) . Stay of work and proceedings. An appeal to the planning board
stays all work on the premises and all proceedings in furtherance of
the action appealed from, unless the official from whom the appeal
was taken shall certify to the board of adjustment that, by reason of
facts stated in the certificate, a stay would cause imminent peril to life
or property. In such case, proceedings or work shall not be stayed
except by a restraining order which may be granted by the board of
adjustment or _b_y_a court of record on _application, on notice to the
officer from whom the appeal is taken and on due cause shown.
(a) The planning board shall fix a reasonable time for the
hearing of an appeal, at which time any party may appear in person,
by agent or by attorney. At least fifteen (15) days' notice of the time
and place of such hearing shall be published in a newspaper of
general circulation in the city. Notice of the hearing shall be posted
on the property „in. question and all property owners within a three -
hundred -foot radius of the boundaries of the subiect_property shall be
notified by certified mail and/or ordinary first class mail at the option
and direction of the planning board -at least fifteen (15) days in
advance of the hearing; provided, that when the applicant is the
owner of the land not included in the application, and the land not
included as part of or adjoins a parcel for which the variance is
requested, the three -hundred -foot requirement shall be measured
from the boundaries of the applicant's ownership, including the land
not covered by the application; if the appeal concerns commercial or
industrial gror)ertv. the three -hundred -foot reouirement shall be
increased to five hundred (500) feet.
CODING: Words in c4riin4 threugh type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 9
(b) It shall be the responsibility of the applicant to furnish, at
the applicant's expense, a list, certified by the applicant or his
representative, of all property owners within the three -hundred -foot
distance of the boundaries of the subject property, or five -hundred -
foot distance for industrial or commercial property. The applicant may
use the latest county tax records on file at the county courthouse in
compiling this information. The applicant shall be responsible for the
accuracy of the list of property owners. Omissions shall render any
approvals voidable in the discretion of and by the planning board.
The list and a map showing the tax folio numbers of all parcels of
property within the three -hundred -foot distance of the boundaries of
the subject property, or five -hundred -foot distance for industrial or
commercial property, shall be submitted to the planning board at the
time of the filing of the notice of appeal. A line shall be drawn on the
map showing all parcels to whom notice is reauired to be provided.
The list of property owners must be dated and certified to a date not
exceeding thirty (30) days prior to the date of the filing of the notice of
appeal.
7) Judicial review of board's decisions. Anv person aggrieved b
any decision of the planning board, or any officer, department, boards
commission or bureau of the city, may apply to the circuit court- in the
judicial circuit where the planning board is located for judicial relief
within thirty (30) days after rendition of the decision by the board of
adjustment. Review in the circuit court shall be either by a trial de
novo, which shall be governed by the Florida Rules of Civil Procedure,
or by petition for writ of certiorari, which shall be governed by the
Florida Appellate Rules. The election of remedies shall lie with the
appellant.
CODING: Words in StFUGk through type are deletions from existing law;
Words in underscored type are additions.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18, 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 10
SECTION 5: 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 the 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 6: All Ordinances or parts of Ordinances, and Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 7: 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 c4riin4 through type are deletions from existing law;
Words in underscored type are additions.
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SECTION 8:
passage and adoption.
Temp Ord #1999
February 20, 2003
Revision No. 1 — March 18. 2003
Revision No. 2 — April 9, 2003
Revision No. 3 — April 22, 2003
Revision No. 4 — April 28, 2003
Revision No. 5 — May 2, 2003
Revision No. 6 — May 8, 2003
Revision No. 7 — May 14, 2003
Page 11
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 28th day of May, 2003.
PASSED, SECOND READING this 11th day of June, 2003.
JOE SCHREIBER, MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1st Re
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC,
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Re"ing
AYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
/1 DIST 4: V/M ROBERTS
MITCH L S. A
rj
CITY ATTOVVE
CODING: Words in S+F,,Gu through type are deletions from existing law;
Words in underscored type are additions.