HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-022Temp. Ord. #2054 — July 1, 2004
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004-,2
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 X ENTITLED,
"WOODLANDS OVERLAY ZONING DISTRICT",
SECTION 24-811(a)(c)(d)(i) ENTITLED,
"NONCONFORMING USES AND
STRUCTURES." BY AMENDING AND
CLARIFYING THE EFFECTIVE DATE FROM
"(MONTH, DAY AND YEAR)" CONTAINED IN
ORDINANCE NO. 0-2004-11 TO "APRIL 14,
2004" (CASE NO. 18-Z-04); PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 14, 2004, the City Commission of the City of Tamarac, Florida,
approved on Second Reading Ordinance No. 0-2004-11 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 (attached hereto as Exhibit 1 ");
and
WHEREAS, Section 24-811 entitled, "Nonconforming uses and structures." of the
City of Tamarac Code of Ordinances reflects the effective date as "(month, day and year)";
and
WHEREAS, the City of Tamarac wishes to amend Section 24-811 by changing the
CODING: Words in stFUeak through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2054 — July 1, 2004
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effective date "(month, day and year)" contained in Ordinance No 0-2004-11 to "April 14,
2004"; 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*", Article X entitled, "Woodlands
Overlay Zoning District", Section 24-811(a)(c)(d)(i) entitled, "Nonconforming uses and
structures." by amending and clarifying the effective date "(month, day and year)"
contained in Ordinance No. 0-2004-11 to "April 14, 2004".
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.
SECTION 2: That Chapter 24, "Zoning`, Article X, "Woodlands Overlay
Zoning District", Section 24-811(a)(c)(d)(i) of the City of Tamarac Code of Ordinances is
hereby amended as follows:
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Words in underscored type are additions.
Temp. Ord. #2054 — July 1, 2004
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ARTICLE X. WOODLANDS OVERLAY ZONING DISTRICT
Sec. 24-811. Nonconforming uses and structures.
(a) Existing nonconforming uses and structures not in violation. Any lawful use of land or
structure existing on April 14, 2004, 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 of the provisions of this article
pertaining to its continuance, change and discontinuance.
(b) Continuance permitted if legal. Any legal nonconforming use or structure may be
continued.
(c) 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 April 14, 2004.
(d) 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 , dayandyeao
April 14, 2004. Any nonconforming use which occupied a portion of a building not
originally designed or 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 any additional building on the same plot not used for such nonconforming use as of
(month, day and ys,,ao April 14, 2004. The nonconforming use of land shall not be
extended to any additional land not so used as of such date.
(e) 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
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Words in underscored type are additions.
Temp. Ord. #2054 — July 1, 2004
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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.
(f) Changes.
(1) In any residential district, any change of a nonconforming use in a conforming
building shall be to a conforming use.
(2) 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
management of a nonconforming use provided there is no change in the
nature of character or such nonconforming use, except as may be permitted
by this article.
(3) 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 conforming use.
(g) 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 nonconforming use.
(1) 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.
(2) 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.
(h) Applicability to nonconforming uses created by changes in districts or district
regulations. 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 buildings, structures or uses, such period shall be computed from the
effective date of such reclassification or change of regulations.
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Words in underscored type are additions.
Temp. Ord. #2054 — July 1, 2004
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(i) 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
(menth, day and yea� April 14, 2004, 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 April 14, 2004 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 comply with all applicable provisions of
this chapter.
(j) 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.
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Words in underscored type are additions.
SECTION 6:
passage and adoption.
Temp. Ord. #2054 — July 1, 2004
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This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 25th day of August, 2004.
PASSED, SECOND READING this 8th day of September, 2004.
ATTEST:
�I
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. kRAFT
CITY ATTORNEY
com mdev\u:\pats\u serdata\wpdata\ord2054ord
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE: 1st eading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS O
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
RECORD OF COMMISSION VOTE: d Reading
MAYOR SCHREIBER CR
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS ��
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EXHIBIT 11111 TEMP ORD #2054
Temp. 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
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Words in undprs tired type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 -- March 16, 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 stFuek thFOW@h type are deletions from existing law;
Words in gnderscored 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 purpose and intent of the Woodlands Overlay Zoning District is to create and establish
specftregulations in addition to those requirements contained within the City of Tamarac
Code of Ordinances that will serve to preserve the neighborhood_charactor, promote its
high %Lality and appear.4ncg, main ain roperly values andprotect the public h I h saf t
and weltare.-Th_Q pvgrlgy district is not only intended to provide uidelin n ure the
preservation of the Woodlands community's visual integrity, but to also ensure that eve
property is maintained in accordance with the community standards.
Sec. 24-801. City of Tamarac.
The Cit of Tamarac is her har ed with implementation, interpretation and
enforcement of the regulations as set forth in thg Woodlands. Overlay Zoning District.
Sec, 24-802. Definitions.
Accent colors means the colored surface areas m ri inci of no m re than twent -five
rcent 25% of the total surface area of each elevation is limited to architectural
features such as eaves, banding, _cglumns and trim areas.
Base building color means the of r pf at least seventy-five percent 75°/ of the total
colored !t _rf_ace area of e@ch elevation.
City means the City of Tamarac.
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Words in underscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 -- March 16, 2004
Page 4
Cit 's codg means the City of Tamarac Code of Ordinances.
Commercaa! vehicle means any vehicle that by design or use is utilized for any purpose
intended to derive some form 9f compensation, whether ,monetary or otherwise. Outside
lettering of any such vehicle designating_a business shall be deemed conclusive for
establishina commercial status. Such status shall not include governmental, law
enforcement -and emergencyeme[gency response vehiclesprovided such vehicles otherwise meet
the criteria for private use vehicles.
Community means the Woodlands.
Equivalent replacement means a tree, shrub or groundcgvgr that is of similar species of
landscape material that was removed.
Ground cover means low growing plants that by the nature of their growth characteristics
completely cover the r nd nd do not usually exceed —two 2 feet in hei ht.
Heavy truck means any truck with a net weight of more than 5000 pounds andisdesigned
or used to transport goods other than those incidental to thg personal effects of the owner.
LandscaAe 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-1 rass / sod / turf means the upger layer of soil bound by -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 com ensati n derived. Such vehicl s sh II be limited to
passenger vehicles, including automobiles, motorcycles, golf carts and trucks.
Secondary building colors means larger trim areas that arp.limited to a mid -range intensity
f the, se building or complementgypolor. The seconds colors should be limited to
twenty-five percent 25% of Ihe major surface plane they ar sed on.
Trim colors means the coloredsurface areas comprising of no more than ten percent
CODING: Words in stwel( !hfeugh 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 total surface area of each elevation but is limited to doors door fram s
windows and screen frames, shutters, soffits, fascias and small decorative elements.
Truck means any sport utility vehicle (SUVI van or pick-up truck with a nel weight of 5000
pounds or ler>s and which is used primarily to tran§pgrt ggods incidental to the 12ersonal
effects of the owner/operator, and not used to transport commercial goods.
Vehicle use areas means all portions of platted lots and clubhouses, used for the purpose
of ingress, egress,_ parking, storage, loading and unloading of motor vehicles.
Woodlands community or Woodlands means a parcel of land lying in 5,ection 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,
P e 22 f 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:
(3� The Woodlan ion Two — Phase One as recorded in Plat Book 66
Page 23 of ft Publig Records of Broward County, Florida together with;
The Woodlands Section Three gLrMgrd1ed 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 Cpunty,_Florida, together with:
u The e Wood,l nds Section Five as recorded in Plat Book 67 Pa - a 43 of the
Public Records of Broward County. Florida, together with:
(7 The Woodlands, Section Six. as recorded in Plat Book 67, Page 4Q.,, of thg
Public Records of Broward County, Florida together with:
(5) The Woodlands. Section Seven, @s,recorded in Plat Book 67, Page 41, of
the Public Records of Broward County. Florida, together with:
L9) The Woodlands, Section Eight, as recorded in -Plat Book 67, Page 42 of
the Public Records of Broward County, Florida.
CODING: Words in siFUG'i thFaugh type are deletions from existing law;
Words in 4nQgrscored type are additions.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 — March 16, 2004
Page 6
(10) North Laur I ircle as recorded in Plat Book $9 Page 47 of the Publi
Records of Bro ard_County, Florida.
Sec. 24,003. Permitted / prohibitqd uses and structures.
ThQ Woodlands -Community is zoned R-1 B (Single Family Residential and
-1 (Recreational District). The R-1 B zoning district is applied to those
platted lots _intended_ for jingle -family residential homes and permitted
accessory structures. The S-1 zoninQsiistrict classification is aoolied to
clu-b-h-Quses and lake
Permitted uses and structures are as listed under Division 3 entitled, "R-1 B
and R-1_Q Single -Family Residential Dis�ri ts" and Division 13 entitled, "S-1
Recreational District". Use of lots platted for sin le f mil residential hall
stricted to the use of agingbe, family, its household, servants and
quests. Use of lots platted for recreational_ shall be restricted to the use of
outdoor sports and recreational activities (active and passive in nature).
(3) Prohibited usesin 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 it 's code. This
wouldinclude theprohibition of any trade business, profession or any
other type of commercial activity- Prohibited uses and structures in the S-1
zoning district re specifically listed under Division 13 entitl "S-1
Recreational District" of the cit 's code.
Structures accessou to the use of one (1) family may 12g erected provided
such accessory buildings are clearly incidental to the main buildingond do
not accommodat n additional famil . Accessory structure shall re ive
all required _permits from the city prior to construction.
(5) A construction_ shed may placed Qn a lot temporarily during the course
of active c n truction of a residence buildin otherwise no portable
buildings_ or trailers maybe placed on a lot. Temporary construction sheds
shall receive all required permits from the city prior to installation.
( No building hall exceed thirty-five 35 feet in height measuEgd from the
crown of th treet upon -which such buildin fronts unle s the groperty
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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 city's planning board.
Sep. 24-804. Minimum standards for maintenance „of premises.
Residential properties shall rotected from the ne ative im of noise illumination
unsightliness, odor in moke and other objection bl influences. Maintenance of
remises shall be subject to the cit 's code,. Minimum standards to ensure main nance of
Premises -are as follows, along with -the following conditions:
All properties shall be kMA-in-a clean and sanitary conditionf[ge of rubbish
trash arba a round surface hazards, including but not limited
broken glass, dangerous 12rojections and gbiects.
No animals, livestock or goultry of any kind shall be raised bred -or kept on
any -lot._ _Dogs, cats or other_ household nets may be kept. provided thev are
not kept, bred or maintained for any co mmerc1A1_j2u[poses.
Fences are ep rmitted only when the „fence will be used gs_a safes barrier
tg enclose a pool as re uired under Chapter 5. Article VII of the cit 's c de.
Fence$ hall bg constructed out of a non -porous material specifically
metal, aluminum or lastic and shall be painted bl k or dark green in
color and hidden from view with a continUgus hedge. The property owner
shall receive all required permits from thp cityprior 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 r ert
owner's view of the golf course or water bodies.
Refuse containers shall be maintained in good condition and complete
§creened from view from the adjacent right-of-way. 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 adjacent groperties.
Air conditioning orotheLMgghanical equipment laced in any front side or
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Words in underscored type are additions.
Temp. Ord. #2038 -- February 25, 2004
Revision No. 1 -- March 16, 2004
Page 8
rear yard shall be screened or walled in go as n t vi i I from he
-o bepublic rights -of -way and shall not be placed on the roof of any building or
ru ture unless such air conditioning or mechanical equipment i
ccom_pletely screened or walled in so as not to be visible from the_public
ri ht - f- a or adioining properties.
(8� Any telecommunications tower and/or antenna located within the
Woo I n ommunity shall comply with all federal state and local laws
ordinances and regulations.
/ Perman n n /or temporary signs shall not be erected or displayed upon
any properties- wi hin the Woodlands.
( ) Exceptions:
a. Political signs — which shall „conform to Chapter 18 of the city'a_Wde.
b. Security/protective agency signs -which shall be located within five 5
feet of the residence.
Warning or hazard signs-- which will be permitted to be located where
the hazard may exist.
d. Real estate signs- provided the signs gre placgdminimum of ten- 1 p
feet from thepragerty line. Only one LLsign 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 around (where the sign is installed) shall not exceed
thirty-six (36) inches in height.
e. Open housesigns — which shall ermi on weekends only when
the subject_progerty 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 sicin when megaured from the
around (where the sian is installed) shall not -exceed thirty-six (36 inches
in height.
H use identification signs— — which shall be attached to the residence be
J—
no larger than twelve 12 inches by fifteen 15 inches and include no
more than the homeowner's name and/or address.
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Words in underscored type are additions.
Temp. Ord. #2038 -- February 25, 2004
Revision No. 1 — March 16, 2004
Page 9
Exterior surfaces of all buildings and structures including „hut not limited to
roofs, walls, soffits, siding, fascias and vehicular use areas shall be kept
fr e f i rime mold and mildew. h rfaces shall also be ke t fr e
of faded or chipped paint and shall be maintained in good repair and
condition. such surfaces shall be repainted recovgred or cleaned when
ten gercent_(I 0%) or more of the exposed surface area does not meet the
standards set forth herein.
Sec. 24-805. Carports, garages, marking and storage.
The parking, storage or movement of motor vehicles Except in approved
vehicle use areas is prohibited. Exceptions include golf carts which shall
b ermitted to move over pervious areas to et to and from the olf
course or vehicle use areas as d fined .
Only private use vehicles are permitted to be parked or stored overnight
where visible from the public rights -of -way or abutting ro ert. A[Igther
types of yahicles including but not limited to heavy trucks and commercial
vehicles are prohibited from beingparked or stored overnight where it is
visible from th li ri hts-of-wayor abuttin propprty.
(3� Vehicle use areas shall a constructed of asphalt pavement, rick avers
concrete, stamp concrete, cast in place stone or of a similar material which
pro_v_ides_ equivalent durability, aesthetic appearance and maintainability.
Any modification to an xi tin vehicular use area shall rgceive all required
permits from the city prior to construction.
(4) Carports are for the purpose of storing riv to use vehicles and trucks only.
eneral gtorageof personal belon-gingapnd ther commodities within the
confines_ of the carport visible from the abu in rights -of -way are
prohibited. Carports shall be maintained so that thqr is no accumulation
of junk.,trash „and debris.
U Garage doors shall be kept in the down osition at all times when th
garage is not in use by the resident.
Sec. 24.806. Buildings, additions and modifications.
CODING: Words in str� 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 [g that the quality of development within the community is maintained at
high standard, the following_ requirements shall apply to construction Qf new residences and
additions or changes to existing__ residences_ or propertied
M No residence sha-habe constructed _containing a living area of less than
15Q0 square feet.
No docks, seawalls, 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 color
accent colors and trim colors).
In order to preserve the neighborhood appearance of the community, an established color
scheme shall be approved and modified b. Resolution of the City Commission referred
as the "Woodlands Color Palet ". Ex erior colors for single-family residences are
expressed in three 3 categoriegi:-bagg building c )ors a cent c I rs and trim colors.
(7 The director of building and code compliance or his/her designee shall
kee the official "Woodlands Color Palette" on file for reference an
enforcement.
Should any exterior surface of a single-family residence within the
community require painting, thgproperty own r hall refer to the
" „pp„od )ors.
Woodlands Color Palette or,t_P, list oa r„vecQ
The prope!1y,shall thenagplyto the buildin and code compliance
department for a no costpaint permit that will be reviewed for consistent
with the "Woodlands Color Palette".
The paint permit shall be valid for sixly (60) calendar days from the date of
issuance.
> Roof s rf-are-not ub�ect 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 thesg regulations. In
the event that a roof surface is to be painted or re aint d only1 0l r
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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..
(6) The installation of gutters, downspouts, screen enclosures hurricane
shutters, lawn and patio furniture, childrren,s play equipment, . y_provider
s utiljt..,
equipment and fences with factory -installed_ color finishes shall not be
pubiect to these regulations. In the event that any of these items are to be
repainted, then only (1) color listed as a building base color, accent color or
trim color shall be permitted. The color shall be either white or a color used
on thg elevations of the principal structure on the prQRer y and shall not be
subject to the percentage limitations within the city code.
(7� Exterior surfaces consisting of natural stone, wood or brick shall not be
subject to these regulatigns unl ss 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 re uirements shall apply wi h regard to maintenance of shrubbe nd lands_cape
materials.
W Homeowners must maintain healthy landscaping to include s ra in
watering, weeding, trimming and fertilizing_
(2) All lot are s n t covered by driveways, or otherpaved are or structuEgg
shall be planed with lawn grass. ground cover or other appropriate
landscape materials free of weeds. Lawns shall b±,neatly neatlymaintained at a
height of four 4 inchinche§ or less.
( Mo : ifigptigng to existing landscape material as defined herein shall be of
eguivalgnt replacement.
( Landscape material shall not create pedgstrian and/or , motor vehicle
hazards.
(5) The installation, removal_ and pruning of all trees „and j2alms within the
comm ni shall in accordance with the standards of he National
Arborist Association and Char)ter 11 of the city code. All other elements of
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landsq&ng sh II 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_ construeds4 as t4_effectively carry out the
purpose hereof in the interest of the public healLh,---safety and.2ftngral
welfare. The provisions of -this_ grtic& _shallapj2ly to the community in
ad�ition to the provisions of the city code. In the event of an conflict
between the provisions of this article and any provision gf the city code, the
provision_cgntained in this article shall prevail.
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
gggrieved 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 viola ions.
This section shall be the minimum standard and shall be enforced by the building and Bode
compliance department of the city aloo with the Broward Sheriffs Office. Violations of an
of the re ulations of this district shall be heard in accordance with t te statutes by the
appropriate governing authority.
Sec. 24-811. Nonconforming uses and structures.
Existina nonconforming uses and.structure _not in violatLon_ - Any lawful use of land or
�truqtu[g existing on month day and yearj, and which b 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 subiect to all of the provisions of Ihia articlgertainin
its continuance, changgand discontinuance-.
Continuangg permittedif Igo/ — Any legal nonconforming use or structure may be
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Temp. Ord. #2038 - February 25, 2004
Revision No. 1 - March 16, 2004
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continued.
Continuance - Nothing in this article shall be interpreted as authorization for or appLqval of
the continuation -of—the use of a str re lot gLpremises 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
bUilding glearly designed for such use but not so used as of Lmonth, dgy and r . An
nonconforming. use which occupied a portion of a building not originally designed or
intended for _such_ use_ .shall not, be extended to any other part of the _building. No
nonconformin use -shall bg_-extended to occugy 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 an additi nal 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 eltered .unless the use is changed to
one which complies with the provisions of this article: provided that regairs, maintenance
@nd improvement maybe carried out in any one 1 L.year in an amount n t to exgeed
twenty-five percent (25M of the assessed value of the structure for that ear and pEQvided
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 argil le $hall prevent compliance with applicable laws or resolutions relative to the
safety and -sanitation of a building ied by a nonconforming use.
W If any nonconforming structure or buildincLin which there is a ngngpnformina
use is damaged by fire flood ex losion collapse, wind w r 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 sh II not be again used or reconstructed exce t
in full conformity with the regulations of the distdqt in which it is I cated.
Changes -
In _ any residential district, any change of a nonconforming use._in a
conforry,fing buildin shall be to a conforming use.
In anv residoti I distric a n nconf rmin us in a nonconformin buildin
shall be chanoed only to -a use _permitted in the particular residential district
involved excepl wh, -f here may e a „change .of tenant ownership or
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Page 14
management of a nonconforming use provided there is no change in the
nature of character or such nonconforming use,xce t a may g permitted
�y 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 conforminQuse:.
Effect of discontinuance, abandonment or change to conforming use — If for any reason a
nonconforminguse of landc _ eases or is discontinued for a period of more than sixty (60�
,_.
days, the land hall not thereafter be useo f r a nonconforrtfinci 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.
Any -part of a building, structure or land ocogie-d—y_ a_ nonconforming use,
which use is abandoned, shall not again be_occupied or used for
nonconforming use.
Agplicability to nonconforming uses created by changes in districts or district regulations —
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 non onformin due to a chap a in district re ulations. Where a period
of time is specified in this article for the removal or discontinuance of nonconforming
buildings, structures or uses, such period shall be computed from the effective dato of such
reclassification or chanc ie of re ulations.
Anplicabilily - The_provisions of this article are intended to apply only to nonconforming
uses and are not intended to._apply Ig buildings and structures and their plots existing on
month day and yeprj, which do not -meet the regulations f his cha r f r hei htyards,
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 ear showingthe nonconformity,a permit for extensions or alterations of a buildingor
structure ma issued. If g -sljrvey cannot be produged,the owner may apply to the
planning bo r f r a varian a which variance must be granted before @ny_permit-may be
issued. And additions. extensions or alterations to such proven existing buildings or
structures shall _gomply with pIl @12plicable provisions of thip cha ter.
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Revision No. 1 -- March 16, 2004
Page 15
Casual tem orar or ills al use not sufficient as nonconforming u — The casual
temporary_or illegal use of land or a building shall not be sufficient to establish the
xistence 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.
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SECTION 6:
passage and adoption.
Temp. Ord. #2038 — February 25, 2004
Revision No. 1 -- March 16, 2004
Page 16
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 241h day of March, 2004.
PASSED, SECOND READING this 14" day of April, 2004.
ATTEST:
MARION �SENS
ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITPH LL S1,KRAFj
CI ATTORNEY
commdev\u:\pa is\u serdata\wpdata\ord 2038ord
JOE SCHREIBER 91
MAYOR
RECORD OF COMMISSION VOTE: 1st
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
RECORD OF COMMISSION VOTE: 2n
PLOWOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
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