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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-025Temp. Ord. #2018 — July 28, 2003 Revision No. 1 — September 4, 2003 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003-a5- 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", SECTION 24-71 ENTITLED, "REVIEW AND CONSIDERATION OF VARIANCES AND APPEALS BY PLANNING BOARD" AUTHORIZING THE CITY TO COLLECT A FEE FOR PROCESSING A VARIANCE APPLICATION (CASE NO.31-Z-03); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is authorized to collect fees for processing applications as they relate to land development and use of property; and WHEREAS, the powers and duties previously assigned to the Board of Adjustment relating to considering and hearing variances and appeals were assigned to the Planning Board on June 11, 2003 by the City Commission via Ordinance No. 0-2003-11 (attached hereto as Exhibit "1 "); and WHEREAS, language authorizing the City of Tamarac to collect a fee for processing an application for a variance was inadvertently omitted from the text amendment approved via Ordinance No. 0-2003-11; and CODING: Words in 6trUGk thFGw@14 type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2018 — July 28, 2003 Revision No. 1 — September 4, 2003 Page 2 WHEREAS, Chapter 24 of the City of Tamarac Code of Ordinances is being amended to authorize the City to collect a fee for processing an application for a variance; and WHEREAS, the Director of Community Development recommends approval of the proposed 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", Section 24-71 entitled, "Review and Consideration of Variances and Appeals by Planning Board" authorizing the City to collect a fee for processing a variance application. 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 the Ordinance upon adoption hereof. CODING: Words in StFUGU througli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2018 — July 28, 2003 Revision No. 1 — September 4, 2003 Page 3 SECTION 2: That Chapter 24 of the City of Tamarac Code of Ordinances is hereby amended by revising Section 24-71 entitled, "Review and Consideration of Variances and Appeals by Planning Board", as follows: Sec. 24-71. Review and consideration of variances and appeals by Planning Board. (f) Hearing. (2) 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 required 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. CODING: Words in stFuGk througli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2018 — July 28, 2003 Revision No. 1 — September 4, 2003 Page 4 31The aoolication for a variance to be reviewed by the planning board shall be accompanied by a fee sufficient to cover all costs associated with review of the application. The city commission shall from time to time establish by resolution the amount of the application fee. 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 strurk through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2018 — July 28, 2003 Revision No. 1 — September 4, 2003 Page 5 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 10th day of September, 2003. PASSED, SECOND READING this 24th day of Sept e ber, 2003. 61 JOE SCHREIBER MAYOR /_VAa1*19 MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. com mdev\u:\pats\u serd ata\wpdata\ord\2018ord RECORD OF COMMISSION VOTE: 1st Re g MAYOR SCHREIBER =A DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS RECORD OF COMMISSION VOTE: 2nd R MAYOR SCHREIBER ST 1: COMM. PORTNER ST 2: COMM. FLANSBAUM-TALABISCO ST 3: COMM. SULTANOF ST 4: V/M ROBERTS CODING: Words in StFUGk threugI4 type are deletions from existing law; Words in underscored type are additions. ding EXHIBIT 111" 1 EMP ORD #2018 1 1 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 inStFUGk thFewgi4 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 type are deletions from existing law; Words in underscored type are additions. 1 1 1 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 glanning 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 stFuGk thFOUgh 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- M 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 by Planning Board. (1)The planning board shall have the following powers and duties: (a) Appeals. To hear and decide appeals when it is alleged that there is error in any order, re uirement 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 to the public interest when owing to s ecial conditions, a literal enforcement of such provisions would result in unnecessay and undue hardship. In order to authorize any variance from the terms of this chapter and other zoning ordinances, the planning board must find that: CODING: Words in strask-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 6 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 buildin s 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 c r� anted is the minimum variance le the use of the land: that well make possible building or structure: and f. The grant of the variance will be in harmonv with the general intent and Puroose of this chapter and other ordinances and that such variance will not be injurious to the area involved or otherwise detrimental to the ublic welfare. 2. In granting any variance, the planning board may prescribe appropriate conditions_ and safeguards. in, conformity with the authority Granted und er article,._ Violation of such conditions and safeguards, when made a part of the terms under which the ri vaan ce is _granted, shall be deemed a violation of the law or ordinance affected thereb y. 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 6 3. The planning 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 subsection, shall the planning board grant a variance to permit a use not generally orbyspecial exception permitted in the zoning district involved or any use expressly or by im lication vrohibited by the terms of this cha ter 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 _zoning districts shall be, considered grounds for the -authorization of a variance. (2) Posting of notice. a. The res onsibili far ostin notice of public hearings on property required to be posted, now or in the future, includingwithout„_. 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 icant or property owner shall post with the city department of community development or other department designated by the city manager a deposit of gi& 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 adioininheproperty is required) and the „time and date when the notice was posted: and, he/she shall submit an affidavit immediately,. prior to each reguirgd,public hearing that the notice. is still on the propertvand 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 ugh 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 o„rogert,�r owner shall return the sign in good condition to the department of ,community development, or other department designated by the city _mmanager, .-and _ana ... shall --�.., receive his/her deposit of sixty dollars 60.00Failure to return the sign within five „(5) working days of the date of final public hearing in „good condition shall cause the si-onlicant 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 , „p g may, upon appeal and in exercising its powers, ,the „tannin board m,__,.,_ conformity with the authority, granted under this article -reverse or affirm wholly or partly, or may modify the. order, requirements, 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 maiority of all the members of the board shall be necessary to reverse any order, requirement, 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. f4)__ Appeals from decisions of administrative officials-- Generally. Appeals to the planning board may be taken by any Berson 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 be n thirty days afte (30) r enacted. Such appeal shall ,taken within ,,. rendition of the order, requirement decision or determination appealed from by filing with the officer from whom the appeal is taken and with the glanning board a notice of appeal specifying the grounds CODING, Words in StFUGk !I;FsU@I4 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. B - 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, pagers or other materials - - _ _ constituting_the record .upon which the action a ,,PP paled from was taken. 5 Stay of work and roceedin s. An agDeal to the glanning board stays all work on the premises and all proceedings in furtherance of the action peal-ed from, unless the official from whom the appeal was taken shall certify to the board of adiustme„ _ nt 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_restrainin_d order which may be granted by the board of adiustment orb a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. 161-- - Hearing. 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 ordina first class mail at the option and direction of the r)lan_ning 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 avNication, and the land not included as part -of _or adioins 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 roe the three -hundred -foot requirement shall be increased to five hundred 15001 feet CODING: Words in stFursk thFaugh type are deletions from existing law; Words in underscored type are additions, 1 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 ex ense a list certified by the almlicant or his representative, of all property owners within the three -hundred -foot distance of the boundaries of the subject propegy. 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 grope& owners. Omissions shall render an 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 propeEty, or five -hundred -foot distance for industrial or commercial property, shall be submitted to the nlanninci board at the time of the filing of the notice of apDeal. A line shall be drawn on the may -showing all .parcels to whom notice is required 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 mil• _ 7) _ Judicial review of board's decisions. Any person aggrieved b any decision of the planning board or any officer, department, board 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 thi 30 days after rendition of the dec ision by the board of adjustment. Review in the circuit court shall be either by a trial de novo which shall be overned by the Florida Rules of Civil Procedure orb etition 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 Wurk thFough 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 type are deletions from existing law; Words in underscored type are additions. 1 u I 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 28t' day of May, 2003. PASSED, SECOND READING this 11"' day of June, -2003. JOE SCHREIBER, MAYOR ATTEST: t��--- RECORD OF COMMISSION VOTE: 1st MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI 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 DIST 4: V/M ROBERTS MITCH L S. Afj CITY ATTOVVE CODING: Words in dough type are deletions from existing law; Words in underscored type are additions.