HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-011Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- 1 t
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*", CREATING ARTICLE X ENTITLED,
"WOODLANDS OVERLAY ZONING DISTRICT",
SECTIONS 24-800 THROUGH 24-811
CONTAINED HEREIN BY ESTABLISHING
SPECIFIC REGULATIONS TO PRESERVE THE
NEIGHBORHOOD CHARACTER, PROMOTE
ITS HIGH QUALITY AND APPEARANCE,
MAINTAIN PROPERTY VALUES AND
PROTECT THE HEALTH, WELFARE AND
QUALITY OF LIFE OF ITS RESIDENTS BY
ENSURING PROPERTIES ARE MAINTAINED IN
ACCORDANCE WITH THE COMMUNITY
STANDARDS (CASE NO. 6-Z-04); PROVIDING
FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to preserve the
health, welfare and quality of life of its residents; and
WHEREAS, the Woodlands Homeowner's Association requested the adoption of an
Overlay Zoning District in order to continue to preserve the neighborhood character,
promote its high quality and appearance and maintain property values; and
WHEREAS, the Woodlands Overlay Zoning District will create specific regulations
that will serve to continue the preservation of the neighborhood character, promote its high
CODING: Words in StFHek thFeUg# type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 15, 2004
Page 2
quality and appearance, maintain property values and protect the public health, safety and
welfare in accordance with the community standards; and
WHEREAS, the City of Tamarac is hereby charged with implementation,
interpretation and enforcement of the regulations as set forth in The Woodlands Overlay
Zoning District; and
WHEREAS, the Director of Community Development recommends approval; 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*", creating Article X entitled,
"Woodlands Overlay Zoning District", Sections 24-800 through 24-811 as contained herein
by establishing specific regulations to preserve neighborhood character, promote its high
quality and appearance, maintain property values and protect the health, welfare and
quality of life of its residents by ensuring properties are maintained in accordance with the
community standards..
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 stFuelcthreUg+a type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 3
SECTION 2: That Chapter 24, "Zoning*", of the City of Tamarac Code of
Ordinances is hereby amended by creating Article X, "Woodlands Overlay Zoning District",
Sections 24-800 through 24-811 as follows:
ARTICLE X. WOODLANDS OVERLAY ZONING DISTRICT
Sec. 24-800. Intent and purpose.
The ourpose and intent of the Woodlands Overlav Zonina District is to create and establish
specific regulations in addition to those requirements contained within the _City _of Tamarac
Code of Ordinances that will serve to preserve the neighborhood character, promote its
high quality and appearance, maintain property values and protect the public health safety
and welfare. The overlay district is not only intended to provide guidelines_ to ensure the
preservation of the Woodlands community's visual integrity, but to also ensure that every
property is maintained in accordance with the community standards.
Sec. 24-801. City of Tamarac.
The City of Tamarac is hereby charged with implementation, interpretation__ and
enforcement of the regulations as set forth in the Woodlands Overlay Zoning District.
Sec.24-802. Definitions.
Accent colors means the colored surface areas comprising of no more than twenty-five
percent (25%) of the total surface area of each elevation, but is limited to architectural
features such as eaves banding,columns and trim areas.
Base building color means the color of at least seventy-five percent (75%) of the total
colored surface area of each elevation.
City means the City_of_Tamarac.
CODING: Words in struelk through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 4
Cit 's code means the City of Tamarac Code of Ordinances.
Commercial vehicle means any vehicle that by its design or use is utilized for any purpose
intended to derive some form of compensation, whether monetau or otherwise. Outside
lettering of any such vehicle desionatinci a business shall be deemed conclusive for
establishing commercial status. Such status shall not include governmental, law
enforcement and emergency res onse vehiclesprovided such vehicles otherwise meet
the criteria for private use vehicles.
Community means the Woodlands.
E uivalent replacement meansa tree shrub or c1roundcover that_ is of similar species of
landscape material that was removed.
Ground cover means low growingplants that by the nature of their growth characteristics
completely cover the groundand do not usually exceed two 2 feet in height.
Heavy truck means and truck with a net weight of more_than 5000 pounds and is des_ ianed
or used to transport goods other than those incidental to the ersonal effects of the owner.
Landscape_ material means any of the following or a combination thereof such as but not
limited to grass ground cover, shrubs, vines, hedges, trees or palms and other„materials
such as rocks, pebbles, sand, but not including paving.
Lawn / arass / sod / turf means the upger layer of soil bound by—grassby-grassy plant roots and
covered by viable grass blades.
Neighborhood means the Woodlands.
Private use vehicle means any vehicle where the primary use of the vehicle is for the
transportation purposes of the owner/operator and that by the normal operation of such
vehicle, there is no monetary compensation derived. Such vehicles shall be limited to
passenger vehicles, including automobiles, motorcycles, golf carts and trucks.
Secondary building colors means larger trim areas that are limited to a mid -range intensity
of the base building or com lementa color. The seconds colors should be limited to
twenty-five percent 25% of the major surface plane they are used on.
Trim colors means the colored surface areas comprising of no more than ten percent
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 5
(10%) of the totalsurface area of each elevation but is limited to doors door frames
windows and screen frames shutters soffits fascias and small decorative elements.
Truck means any sort utility vehicle (SUV), van orpick-up truck with a net weight of 5000
pounds or less and which is used primarily to transport goods incidental to the ersonal
effects of the owner/operator, and not used to transport commercial oods.
Vehicle use areas means all portions of platted lots and clubhouses used for the purpose
of ingress, a storage, loading unloading
of motor vehicles.
Woodlands community or Woodlands means a parcel of land lying in Section 14, Township
49 South Range 41 East being more particularly described as follows:
The Woodlands Section One — Phase One as recorded in Plat Book 66
Page 22 of the Public Records of Broward County, Florida together with:
The Woodlands, Section One — Phase Two, as recorded in Plat Book 67,
Page 23 of the Public Records of Broward County, Florida together with:
The Woodlands Section Two — Phase One as recorded in Plat Book 66
Page 23, of the Public Records of Broward County, Florida,_ together with;
The Woodlands Section Three as recorded in Plat Book 66 Page 24 of
the Public Records of Broward County, Florida _together with;
The Woodlands, Section Four, as recorded in Plat Book_66 _Page 25, of
the Public Records of Broward County,Florida together with:
u The Woodlands Section Five as recorded in Plat Book 67 Page 43 of the
Public Records of Broward County, Florida, together with:
(7) The Woodlands Section Six as recorded in Plat Book 67 Page 40 of the
Public Records of Broward County, Florida together with:
The Woodlands Section Seven as recorded in Plat Book 67 Page 41 of
the Public Records of Broward County, Florida together with:
The Woodlands Section Eight, as recorded in Plat Book 67 Pa e 42 of
the Public Records of Broward County, Florida.
CODING: Words in StF Ck thfflUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 6
CUO North Laurel Circle as recorded in Plat Book 89 Page 47 of the Public
Records of Broward County, Florida.
Sec. 24-803. Permitted / prohibited uses and structures.
The Woodlands Community is zoned R-1 B (Single Family Residential and
S-1 Recreational District). The R-1 B zoning district is applied to those
tatted lots intended for single-family residential homes and permitted
accesso structures. The S-1 zonin district classification is applied to
clubhouses and lakes.
Permitted uses and structures are as listed under Division 3-entitled, "R-1 B
and R-1 C Sin le-Famil Residential Districts" and Division 13 entitled "S-1
Recreational District". Use of lots platted for single family residential shall
be restricted to the use of a single family, its household, servants and
guests. Use of lots platted for recreational shall be restricted to the use of
outdoorsports and recreational activities active and passive in nature).
Prohibited uses in the R-1 B zoning district is considered any use not
specifically enumerated under Division 3 entitled "R-1 B and R-1 C Single
Family Residential Districts" as a permitted use within the cit 's code. This
wouldinclude the prohibition of an trade business rofession or an
other type of commercial activity. Prohibited uses and structures in the S-1
zoning district are specifically listed under Division 13 entitled "S-1
Recreational District" of the cit 's code.
Structures accessory to the use of one (1) family may e erected provided
such accessory buildings are clearly incidental to the main building -and do
not accommodate an additional famil Accesso structure shall receive
all required permits from the city prior to construction.
A construction shed may be placed on a lot temporarily during the course
of active _construction of a residence building: otherwise, no portable
buildings ortrailers may be placed on a lot. Temporary construction sheds
shall receive all required permits from the city prior to installation.
( No building shall exceed thirty-five. (35) feet in height measured from the
crown of the street upon which such building fronts, unless the property
CODING: Words in struck thfflUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 7
owner has received approval of a variance from the cit 's planning board.
Sec. 24-804. Minimum standards for maintenance of premises.
Residential properties shall be protected from the negative impacts of noise illumination
unsightliness, odors, dust, dirt, smoke and other objectionable. influences. Maintenance of
remises shall be subject to the cit 's code. Minimum standards to ensure maintenance of
premises are as follows, along with the following conditions:
All properties shall be kept in a clean and sanitary condition free of rubbish,
trash garbage, round surface hazards including but not limited to:
broken glass, dangerous projections and ob'ects.
No animals, livestock or poultry of any kind shall be raised, bred -or kept on
anv lot. Doas. cats or other household pets may be kept, provided thev are
not kept, bred or maintained for any commercial purposes.
U Fences are permitted only when the fence will be used as a safety barrier
to enclose a pool as required under Chapter 5 Article VII of the cit 's code.
Fences shall be constructed out of a non -porous material (specifically
metal. aluminum or plastic)and shall be painted black or dark green in
color and hidden from view with a continuous hedge. The property owner
shall receive all required permits from the city prior to the installation.
Hedges are permitted and shall be maintained uniformly at a_height not to
exceed six 6 feet and so as not to obstruct a neighboring ro ert
owner's view of the golf course or water bodies.
LQ Refuse containers shall be maintained in -good condition and com letel
screened from view from the ad'acent ri ht-of-wa . The only exception to
this regulation is when the refuse containers are placed for pickup which
shall be no earlier than 7:00 pm the evening before on the day of actual
pickup and removed no later than 11:00 pm the evening of pickup.
All gas and oil tanks must be placed and maintained below _ground level or
in walled -in areas so as not to be visible from ad'acent properties.
Air conditioning or other mechanical equipment laced in any front side or
CODING: Words in s#Fel( thFOUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 8
rear vard shall be screened or walled in so as not to be visible from the
public rights -of -way and shall not be placed on the roof of any building or
structure unless such air conditioning or mechanical equipmentis
completely screened or walled in so as not to be visible from the public
,rights -of -way -or adjoining properties.
Any telecommunications tower and/or antenna located within the
Woodlands_ community shall comply with all federal, state and local laws,
ordinances and regulations.
Permanent and/or temporary signs shall not be erected or displayed upon
any properties within the Woodlands.
10 Exceptions:
a. Political signs — which shall conform to Chapter 18 of the cit 's code.
b. Security/ protective _a_gencysigns-_which shall be located within five (5)
feet of the residence.
c. Warnina or hazard signs — which will be permitted to be located where
the hazard may exist.
d. Real estate signs- provided the signs are placed a minimum of ten (10)
feet from the property line._ Only one (1-sign shall be permitted per
property. The size of the sign shall be no larger than fifteen 15 inches
in height, twenty-four (24)_inches _in width. The top of the sign when
measured from the ground (where the sign is installed) shall not exceed
thirty-six (36) inches in height.
Open house signs — which shall be permitted_ on weekends only when
the subject property is staffed by a realtor or the homeowner. The size
of the sign shall be no larger than fifteen (15) inches in height, twenty-
four (24) inches in width. The top of the sign when measured from the
ground (where the sign is installed) shall not exceed thirty-six (36) inches
in height.
f. House identification signs —which shall be attached to the residence, be
no larger than twelve (12) inches by fifteen (15) inches and include no
more than the homeowner's name and/or address.
Words in struek through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 9
(jA Exterior surfaces of all buildings and structures including -but not limited to
roofs walls soffits siding, fascias and vehicular use areas shall be kept
free of dirtrime mold and mildew. Such surfaces shall also be kept free
of faded or chipped paint and shall be maintained in good repair and
condition. Such surfaces shall be repainted, recovered or cleaned when
ten percent (10%) or more of the exposed surface area does not meet the
standards set forth herein.
Sec. 24-805. Carports, garages, parking and storage.
The parking, storage or movement of motor vehicles except in approved
vehicle use areas is prohibited. Exceptions include golfcarts which shall
be permitted to move over pervious areas to get to and from the golf
course or vehicle use areas (as defined)._
Only private use vehicles are permitted to be parked or stored overnight
where visible from the public rights -of -way or abutting ro ert . All other
t es of vehicles including but not limited to heavy trucks and commercial
vehicles are prohibited from being parked or stored overnight where it is
visible from the public rights -of -way or abutting property__
Vehicle use areas shall be constructed of asphalt pavement, brick pavers,
concrete stamp concrete cast in place stone or of a similar material which
provides equivalent durability, aesthetic appearance and maintainability.
Any modification to an existing vehicular use area shall receive all required
permits from the city prior to construction.
( Carports are for the purpose of storing private use vehicles and trucks only.
General storage of personal belongings and other commodities within the
confines of the carport visible from the abutting rights -of -way are
prohibited. Carports shall be maintained so that there is no accumulation
of junk, trash and debris.
(5) Garage doors shall be kept in the down position at all times when the
garage is not in use by the resident.
Sec. 24.806, Buildings, additions and modifications.
CODING: Words in stFue4( thfflUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 --- February 25, 2004
Revision No. 1 — March 16, 2004
Page 10
In order to assure that the quality of development within the community is maintained at a
high standard, the following requirements shall apply to construction of new residences and
additions or changes to existing residences or properties:
No residence shall_ be constructed _containing a living area of less than
1500 square feet.
No docks, seawal_I_s. boat_ landings, -mooring posts or boathouses may be
constructed_ without the property owner obtaining all permits.
Sec, 24-807. Exterior colors for single-family residences (base building colors,
accent colors and trim colors).
In order to preserve the neiahborhood appearance of the communitv. an established color
scheme shall be approved and modified by Resolution of the City Commission referred to
as the "Woodlands Color Palette". Exterior colors far sin—le—familysin-gle-family residences are
expressed in three (3) categories,: base building colors, accent colors and trim colors.
The director of building and code compliance or his/her designee shall
keep the official "Woodlands Color Palette" on file for reference and
enforcement.
Should any exterior surface of a single-family residence within the
community require painting, the propert owner shall refer to the
"Woodlands Color Palette" for the list „of approved colors.
The property shall then -apply to -the building and code compliance
department for a no cost paint permit that will be reviewed for consistency
with the "Woodlands Color Palette".
(4) The paint permit shall be valid for sixty 60 calendar days from the date of
issuance.
Roof surfaces are not subject to these regulations unless the roofing
material is painted. Roof surfaces comprised of shingles, tile or aggregate
with a factory -installed color finish are not subject to these regulations. In
the event that a roof surface is to be painted or repainted, only(1_) color
CODING: Words in type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 - February 25, 2004
Revision No. 1 - March 16, 2004
Page 11
listed as a building base color or accent color shall be permitted, shall
match a color used on the elevations of the structure -and shall not be
subject to the percentage limitations within the city code..
The installation of gutters,._ downspouts, screen enclosures, hurricane
shutters lawn and patio furniture children's lay equipment, utility provider
equipment and fences with factory -installed_ color finishes shall not be
subject to these regulations. In the event that any of these items are to be
repainted, then only (1) color listed as a_buildin-g base color, accent color or
trim color shall be permitted, The color shall be either white or a color used
on the elevations of the principal structure on the property and shall not be
subject to the percentage limitations within the city code.
U Exterior surfaces consisting of natural stone, wood or brick shall not be
subject to these regulations unless such surface is painted.
Sec. 24-808. Landscaping and screenin .
In order to assure that the aesthetic appearance of the community is maintained the
following requirements shall apply with regard to maintenance of shrubbery and landscape
materials:
Homeowners must maintain healthy landscaping, to include spraying,
watering, weeding, trimming and fertilizing_
All lot areas not covered by driveways, or other paved areas or structures
shall be planed with lawn grass, ground cover or other appropriate
landscape materials free of weeds. Lawns shall be neatly maintained at a
height of four 4 inches or less.
U Modifications to existing landscape material as defined herein shall be of
equivalent replacement.
Landscape material shall not create pedestrian and/or motor vehicle
hazards.
The installation, removal and pruning of all trees and palms_ within the
community shall be in accordance with the standards_ of the National
Arborist Association and Chapter 11 of the city code. All other elements of
CODING: Words in stFHe'(thFeH@h type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 12
landscaping _shall be installed and maintained so as to meet all other
applicable city code requirements.
Sec. 24-809. Conflicts and appeals.
This article shall be liberally construed so as to effectively carry out the
purpose hereof in the interest of the public health, _safety and -general
welfare. The provisions of this article _shall apply to the community in
addition to the provisions of the city code. In the event of any conflict
between the provisions of this article and any provision of the city code the
provision contained in this article shallprevail.
The planning board shall hear and decide appeals when it is, alleged an
error in any requirement, decision or determination has been made by the
administrative official in the administration of this section. Any person
actmrieved by the decision of the planning board may appeal such decision
to the City Commission. Appeal of the decision of the City Commission
shall be to the Circuit Court.
Sec. 24-810. Enforcement of violations.
This section shall be the minimum standard and shall be enforced by the building and code
compliance department of the city along with the Broward Sheriffs Office. Violations of any
of the regulations of this district shall be heard in accordance with state statutes by the
appropriate governing authority.
Sec. 24-811. Nonconforming uses and structures.
Existina nonconformina uses and structures not in violation — Anv lawful use of land or
structure existing on (month, day and year), and which by its terms has become a
nonconforming use, is hereby declared not to be in violation of this chapter on such date.
Such nonconforming use shall be subject to all provisions of this article pertaining to
of the ..._
its continuance change and discontinuance.
Continuance permitted if legal - Any legal nonconforming use or structure may be
CODING: Words in StFue4cthFeUg i type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 13
continued.
Continuance — Nothing in this article shall be interpreted as authorization for or approval of
the continuation of the use of a structure.._lot or premises in violation of any law or
ordinance in effect on (month, day and year
Extensions —The nonconforming use of a building may be extended throughout_ any part of
a building clearly designed for such use but not so used as of (month, day and year, Any
nonconforming use which occupied a portion of a building not originally designedor
intended for such use shall not be extended to any other part of the building. No
nonconforming use shall be extended to occupy any land outside the building or an
additional building on the same plot not used for such nonconforming_ use as of (month
day and year). The nonconforming use of land shall not be extended to any additional land
not so used as of such date.
Repairs, maintenance improvements — No structure utilized for a nonconforming use shall
be enlarged, extended, reconstructed or structurally_ altered unless the use is changed to
one which complies with the provisions of this article; provided that repairs, maintenance
and improvement may be carried out in any one (1) year in an amount not to exceed
twenty-five percent (_25%) of the assessed value of the structure for that year, and provided
that such work does not increase the cubic content of the building -nor the floor area
devoted to the nonconforming use, or increase the number of dwelling units. Nothing in
this article shall prevent compliance with applicable laws or resolutions relative_ to the
safety and sanitation of a building occupied by a nonconforming use.
If any nonconforming structure or building in which there is a nonconforming
use is damaged by fire, flood, explosion, collapse, wind, war_ or other
catastrophe to such an extent that the cost of rebuilding, repair and
reconstruction will exceed seventy-five percent 75%) of the replacement cost
of the building or structure, it shall not be again used or reconstructed except
in full conformity with the regulations of the district in which it is located.
Changes —
M In any residential district, any change of a nonconforming use in a
conforming building shall be to a conforming use.
In any_residential_district, a nonconforming use in a nonconforming building
shall be changed only to a use permitted in the particular residential district
involved. except where there may be a change of tenancy, ownership or
CODING: Words in StFuea( thfflugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 14
management of a nonconforming use provided there is no change in the
nature of character orsuch nonconforming „ ng use, except as mayber)ermitted
..
by this article.
Any change of a nonconforming use of land, except as incidental to a change
of a nonconforming use of a nonconforming structure permitted and approved
under this section, shall be to a conformin use.
Effect of discontinuance, abandonment or change to conforming use — If for any reason a
nonconforming use of land ceases or is discontinued for a period of more than sixty (60)
days, the land shall not thereafter be used for a nonconformin use.
If for any reason the nonconforming use of a building ceases or is
discontinued for a period of one (1) year or more, the building shall not
thereafter be used for a nonconforming use.
J?� Any part of a building. structure or land occupied by a nonconforming use,
which use is abandoned, shall not again be occupied or used for a
nonconforming use.
Applicability to nonconformina uses created by chanaes in districts or district reaulations
The provisions of this article shall also apply to buildings, structures, land, premises or
uses which hereafter become nonconforming due to a change or a reclassification of
district or become nonconforming due to a change in district regulations. Where a period
of time is specified in this article for the removal or discontinuance of nonconforming
buildinas. structures or uses. such period shall be computed from the effective date of such
reclassification or change of regulations.
Applicability - The_provisions of this article are intended to apply only to nonconforming
uses and are not intended to apply to buildings and structures and their plots existing on
.. „
(month. day and year). which do not meet the regulations of this chapter for height, yards,
plot, size, plot area, coverage, separation or other similar dimensional requirements or
limitations. If the owner can provide the city with a survey dated on or prior to (month, day
and year) showing the nonconformity, a permit for extensions or alterations of a building or
structure may be issued. If a survey cannot be produced, the owner may apply to the
planning board for a variance which variance must be granted before any permit may be
issued. Any additions extensions or alterations to such proven existing buildings or
structures shall comp) with ith all applicable provisions_ of this chapter.
CODING: Words in struek througli type are deletions from existing law;
Words in underscored type are additions.
ril
1
1
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 15
Casual, temporary or illegal use not sufficient as nonconforming use- The casual,
temporary or illegal use of land or a building shall not be sufficient to establish the
existence of a nonconforming use or to create any rights in the continuance of such a use.
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 str el( thr — ugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 16
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this 24" day of March, 2004.
PASSED, SECOND READING this 14`h day of April, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE: 1st Readina
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS O
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
ORDINANTADIST
RD OF COMMISSION VOTE: 2n eading
R SCHREIBER
: COMM. PORTNER
: COMM. FLANSBAUM-TALABISCO
: V/M SULTANOF
: COMM. ROBERTS "
MITPHgLL S.tKRAF
CIATTORNEY
co m m d ev\u:\pats\u serdata\wpdata\ord 2038ord
CODING: Words in stFuel( thFough type are deletions from existing law;
Words in underscored type are additions.