HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-012Temp. Ord. #2083 — March 15, 2005
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2005- 1,9,
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AMENDING CHAPTER 24, "ZONING", ARTICLE
I "IN GENERAL", SECTION 24-1, "DEFINITIONS"
OF THE CITY OF TAMARAC CODE OF
ORDINANCES THROUGH THE ADDITION OF
DEFINITIONS AND ILLUSTRATIONS TO
ASSIST IN THE IMPLEMENTATION OF THE
MIXED USE ZONING DISTRICT (CASE NO. 12-
Z-05); PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is determined to be in the best interest of the City of Tamarac to
provide additional definitions and illustrations to assist in the implementation of the Mixed
Use Zoning District; and
WHEREAS, Community Development staff researched this issue and decided upon
specifications that are in the best interest of the City; and
WHEREAS, the Director of Community Development recommends approval of this
Ordinance amendment; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to amend Chapter 24
"Zoning", Article I "in General", Section 24-1 "Definitions" of the City of Tamarac Code of
Ordinances through the addition of definitions and illustrations to assist in the
CODING: Words in StFHek thFOUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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implementation of the Mixed Use Zoning District.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WH E REAS"cla uses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: Chapter 24, Article 1, Section 24-1, "Definitions" of the City of
Tamarac Code of Ordinances is hereby amended to read as follows:
See. 24-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Accessory building means a subordinate building which is located on the same lot
as the main building, the use of which building is clearly incidental to the use of the main
building.
Accessory uses means customarily incident to the permitted principal uses.
Apartment or apartment house means a building occupied or intended to be
occupied by more than two (2) families, living separately and with separate kitchens or
facilities for doing their own cooking on the premises, or by more than two (2) families,
individuals or groups of individuals.
CODING: Words in struelk threugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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ArcadelColonnade means a ground level semi -enclosed walkway contiguous to a
street or plaza that is accessible to the public at all times. Arcades include a series of
arches on one (1) or both sides, while colonnades consist of a row of columns supgorting a
beam or entablature.
Architectural Feature means ornamental or decorative embellishments attached to
or grotruding from an exterior wall of a building.
Awnina means a roof -like cover desianed and intended for Drotection from weather
or as a decorative embellishment that promects from a wall of a building over a walk,
window, door or the like. Awnings shall be entirely supported from a building and
constructed and erected in a manner that will readily permit removal, or may be easy
rolled or folded back to a position flat against the build[M
Building means any enclosure having a permanent location on the land, excepting
walls, fences and hedges not exceeding five (5) feet in height.
Build -to line means an alignment established a certain distance from the property
line and parallel to the curb line where a building wall must be located for the purpose of
reinforcing the spatial definition and visual character of the street as illustrated below.
P%tEltTy
2H)EWALK
.............. .........
. ......... .... 11 .......... . .....
i:8-TREIRT.,
VIVIQ Nt
Building fronLagealso fagade, means the exterior elevation of a building tha
faces a public street or other 12ublic open space or plaza as illustrated below.
ICODING
�4
M4
. . ... ...... �11
WALK
.. . . . ....... ........
.06.
BTRERT
Words in struek threugh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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Canopy means a roof -like cover projecting over a walk, driveway, entry or similar
area, for the purpose of sheltering pedestrians or inanimate obiects from environmental
elements, which may be wholly supported by a building or wholly or partially supported by
columns— poles or braces extending from the ground..
Cornice means an ornamental, structural or nonstructural horizontal molding that
projects from the exterior wall and spans the top of a building's structural beam. A cornice
is typically a decorative architectural feature that frames or crowns a buiLdirn�.
Density, gross means the number of dwelling units per gross site area devoted to
residential development.
Duplex means a building divided horizontally or vertically and designed for or
occupied by two (2) single-family housekeeping units, having one (1) roof and one(l)
dividing partition common to each unit; furthermore, at least one (1) habitable room or
garage in each unit shall adjoin for a distance not less than ten (10) feet in length. Private
outdoor areas shall be provided for each unit visually screened from the adjoining dwelling
unit.
Dwelling, multiple -family means an apartment. I
Dwelling, one -family means a detached building designed for or occupied
exclusively by one (1) family.
Entrance, pr6Tary means the means of ingress -and egress that pedestrians are
expected to use.
Family means one (1) or more persons related by blood, marriage, or adoption and
living as a single housekeeping unit in a dwelling. The following persons shall be
considered related for the purpose this chapter:
(1) Not more than five (5) persons under nineteen (19) years of age, residing a
foster home licensed or approved by the state:
(2) Any person who is living with a family at the direction of a court.
A number of persons, but not exceeding three (3), living as a single housekeeping
unit, though not related by blood, marriage or a adoption, shall be deemed to constitute a
family for the purpose of this chapter.
CODING: Words in struek thFeUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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Fenestration means the windows, doors, and other openings that form a part of a
building fagade.
Floorarea ratio _ff�A fj?--means the total grossfloorarea of the building orbuildin-gs on
a buildinq site divided by the gross area of the site. The total floor area shall include the
gross horizontal area of the several stories of any building or buildings on the site, as
measured from the exterior facing of exterior walls, and shall not include inhabitable space.
Height, building means the vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the top of a parapet or to the top of a
flat roof, or to the mid -height of an angular roof, whichever is the tallest. Elevator housing
and stairwells may extend up to ten (10) feet above the height of a building. All references
to a height of a specified number of stories or a specified number of feet shall mean a
maximum of that number of stories and within that number of stories the number of feet
enumerated may not be exceeded. For example, a maximum height of three (3) stories or
forty (40) feet means that the maximum number of stories shall be three (3) and that the
maximum height of the building, including any walls necessary to hide air-conditioning
equipment and all other equipment except elevator housing and stairwells shall be forty
(40) feet.
Liner building means a building specifically designed to mask -a -parkin_q lot -or a
parking garage from a frontage.
Lot means a parcel or tract of land, fronting on a street which is or may be occupied
by a building, and including open spaces required under this chapter, which parcel or tract
of land is described by a plat recorded among the public records of the county.
Lot, comer means a lot abutting on two (2) or more intersecting streets.
Lot depth means the distance measured from the midpoint of the street lot line to
the midpoint of the opposite rear lot line. In the case of a corner lot, the depth shall be the
longer of the two (2) possibilities.
CODING: Words in StFUGI( thFOUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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Lot frontage, double, also called a through lot means a lot extending between,
having frontage on and vehicular access from two streets as illustrated below.
V H"'"Aft-
AC
7_7
';w1v LK
i
i ......... ..
L I F_ . ..... ...
LOT
j T
60UBLF LOT FRONTAG
N.715
STREET-,
Lot frontage, reverse shall be as defined by Section 21 -1. Definitions of the Code of
Tamarac, Florida and as illustrated below.
. ...... ....
TRAFFIC WAY-.,
... ......... _T
LOT
... .... ... . -
VE141CULAR
REVERSE LOT FRONTAGE AUCtUS STREEIL�)
CODING: Words in struel( through type are deletions from existing
Words in underscored type are additions.
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Temp. Ord. #2083 — March 15, 2005
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Lot line means the lines bounding a lot.
Lot width means the average distance between side lot lines, measured at right
angles to the line used to determine the depth of the lot.
Mixed occupancy means occupancy of a building for more than one (1) use.
Mixed -use develoDment means a develooment site that includes anv combination of
residential and non-residential uses, such as but not limited to retail, office, commercial,
institutional— civic, restaurant, or entertainment, mixed vertically (e.g. housing above
commercial uses) or horizontaliv (e.a. housina next to and intearated with commercial
uses) in one (1) or more buildings
Mixed -use structure. traditional means a sinale buildina which contains dwell
units located above the ground floor of a retail, office, commercial, institutional, civi—c
restaurant. or entertainment use.
Nonconforming use means use of occupancy of a building or land not conforming to
the requirements of this chapter. When setbacks have been modified for zoning districts,
structures erected prior to the effective date of the revised regulations which met the
setback regulations when erected shall not be considered nonconforming uses. However,
when there are additions to these structures, the additions must satisfy the setback
regulations in effect at the time the additions are added.
ODen SDace means an at-arade. non-imDervious. non -water outdoor or unenclosed
area that is permanently set aside for active or passive recreational use and is accessible
to the public all or most of the time. Such space must be unoccupied by any vehicular use
area or by any structure, except structures such as fountains, open gazebos, trellises and
similar open accessory structures which enhance the use of the open space.
Outdoor dininqlcaffi means a dinina area with seats and/or tables located outdoors
which is accessory to a licensed and operating restaurant where food and beverage are
served and consumed for pay. Outdoor dining shall not include the preparation of food or
beveracies, cooking Atora-ge or placement of equipment of any kind, except the temporaD(
placement of implements associated with the service of food.
Parking space means a parcel of land having an area of not less than two hundred
(200) square feet and suitable for the parking of one (1) automobile, together with
necessary and adequate land for the approach, turning and exit of an automobile.
CODING: Words inStFuek thFeUgh type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 — March 15, 2005
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Plaza means a paved pqblic space that allows for special events, outdoor seating,
sidewalk sales, andsimilar pedestrian agt[Aly.
Porch means a roofed space attached to the exterior wall of a building, open on one
(1) or more sides.
Public amenity means an aesthetic or other character of a development that
increases its desirability to a community or its marketability to the public. Such public
amenities will be placed in publicly accessible areas or areas visible from the sidewalk or
right-of-way.
Redevelopment means the conversion, relocation, reconstruction, structural
alteration, enlargement of any development where more than twenty-five percent (25yo) of
the gross floor area of the original structure will be removed, replaced or renovated.
Rowhouse means a residential dwelling unit attached to two (2) or more other
dwelling units in a row, fronting on a public street, with a front door facing an openin onto
_q
thestreet. Rowhouses are designed, arranged and constructed for the ownership of each
dwelling unit and the land thereunder by one (1) owner or a group of owners.
Setback means the minimum horizontal distance between a building and the
boundary lines of the lot on which the building is located, measured at right angles to
the boundary line.
Shared Parking means a joint use of a- parking area by more than one (1) use.
Special exception means a use that would not be appropriate generally or without
restriction throughout the particular zoning district or classification but which, if controlled
as to number, area, location or relation to the neighborhood, would not adversely affect the
public health, safety, comfort, good order, appearance, convenience, morals and the
general welfare.
StQr
Y means that portion of a building included between the upper surface of any
floor and the upper surface of the floor next above it, or if there is no floor above, then the
space between the floor and the ceiling or roof above the floor.
Street means a public way affording principal means of access to abutting property.
CODING: Words in strueli thFOU@h type are deletions from existing law;
Words in underscored type are additions.
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Temp. Ord. #2083 — March 15, 2005
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Structure means anything constructed or erected the use of which requires
permanent location on the land, except hedges, shrubs and trees.
Townhouse means a residential dwellinci unit attached to two (2) or more other
dwelling units where each individual single family unit and land thereunder is owned in fee
simple. Units are joined to one another side -to -side by a common party wall or garage,
and/or with connectin-q ormanent and architecturally - unified structures such as
breezeways.
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 struek through type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #2083 - March 15, 2005
Page 10
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this ),;Z " day of 22005.
PASSED, SECOND READING this 131� day of jvl�
,2005.
JOE SCHREIBER
MAYOR
ATTEST-
L'�-I-LTYuJ/
RECORD
OF COMMISSION VOTE: 1st Reading
MARION SWENtON, CMC
R
MAYOR SCHREIBE '
CITY CLERK
DIST 1:
C)
COMM. P1 RTNER k16
DIST 2:
VIM TALABI SCO
DIST 3:
COMM. SULTANOF alf-
DIST 4:
COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
RECORD
OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER e-
DIST 2:
CO
V/M TALABISCO el
Ic
DIST 3:
COMM. SULTAANOF
DIST 4:
COMM. ROBERTS
SAMLJLL S. GOREN
INTERIM CITY ATTORNEY
commdev\u:\pats\userdata\wpdata\ord\2083ord
CODING: Words in struelk through type are deletions from existing law;
Words in underscored type are additions.
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