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Home My WebLink AboutCity of Tamarac Ordinance O-2005-013Temp. Ord. #2084 — March 15, 2005 Revision No. 1 —June 14, 2005 1 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- 13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24, "ZONING", ARTICLE III, "DISTRICT REGULATIONS", DIVISION 19, "BUSINESS AND COMMERCIAL USES MASTER LIST", SECTION 24-431(b)(c)(d), "INTENT AND APPLICATION", REPEALING SECTION 24-434, ""BUSINESS AND COMMERCIAL USES MASTER LIST" OF THE CITY OF TAMARAC CODE OF ORDINANCES IN ITS ENTIRETY AND CREATING A NEW SECTION 24-434, "PERMITTED USES MASTER LIST", ESTABLISHING NEW USES AND ANEW ZONING DISTRICT REFERRED TO AS THE MIXED USE ZONING DISTRICT (CASE NO. 9- Z-05); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac finds that there is a need to replace the existing "Business and Commercial Uses Master List" in order to ensure the compatibility of existing and proposed business, commercial and mixed uses in the various business, commercial and mixed use zoning districts of the City to accommodate new and existing business, commercial and mixed use needs; and WHEREAS, the City of Tamarac's present "Business and Commercial Uses Master List" has become obsolete due to changing needs of various existing and proposed I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 2 businesses; and WHEREAS, the City of Tamarac's current "Business and Commercial Uses Master List" permits certain business and commercial uses that have proven to be incompatible with adjacent residential land uses in certain business and commercial zoning districts; and WHEREAS, the City of Tamarac finds that the current "Business and Commercial Uses Master List" contains conflicting restrictions pertaining to similar business, commercial and mixed uses in certain business, commercial and mixed use zoning districts; and WHEREAS, the City of Tamarac finds that there is a need to eliminate existing conflicts in the current "Business and Commercial Uses Master List" in order to ensure uniformity of restrictions pertaining to similar business, commercial and mixed uses in individual business, commercial and mixed use zoning districts; and WHEREAS, the City of Tamarac encourages quality business, commercial and mixed uses in the various business, commercial and mixed use zoning districts of the City to accommodate new and existing business, commercial and mixed use needs; 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 III, "District Regulations", Division 19, "Business and Commercial Uses I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 1 Page 3 Master List", Section 24-431(b)(c)(d), "Intent and Application", repealing Section 24-434, Business and Commercial Uses Master List" of the City of Tamarac Code of Ordinances in its entirety and creating Section 24-434, "Permitted Uses Master List", establishing new uses and a new zoning district referred to as the Mixed Use zoning district (Case No. 9-Z- 05). 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: Chapter24, Article III, Division 19, Section 24-431, "Intent and application." of the City of Tamarac Code of Ordinances is hereby amended to read as follows: Sec. 24-431. Intent and application. (a) It is the intent of this division to provide in tabular form a listing (herein called the master list) of the uses that shall be permitted in the various business districts as they exist from time to time as shown on the zoning district maps. Any use similar to the listed uses shall be permitted. Any business use not specifically enumerated or similar to any one (1) of the categories listed in section 24-434 may be granted as a special exception, designated in any business district, when approved by the city commission after having been duly considered by the planning commission as set forth in section 24-546 et seq. I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 4 (b) Where an "X" a "P" appears on the same line as a listed use, the use shall be permitted in the district as indicated by the column heading in which the "P" appears. (c) Where ne "X" a "blank space" appears on the same line as a listed use, the use shall be prohibited in the district as indicated by the column heading in the same manner. (d) Where an "X" is fellewed by an asteFiSk(*) "SE" appears, the listed use shall be subject to, or modified by, the regulation set forth in the use column, and further regulations set forth by the provisions of section 24-546 et seq. (Code 1975, § 28-169) SECTION 3: Chapter24, Article III, Division 19, Section 24-434, "Business, commercial and mixed uses master list" of the City of Tamarac Code of Ordinances is hereby repealed. SECTION 4: Chapter 24, Article I 11, Division 19, Section 24-434, "Permitted Uses Master List.... of the City of Tamarac Code of Ordinances is created to read as follows: Sec. 24-434. Permitted uses master list. (a) "P" indicates that the use is allowable by right, subject to the standards of the Code of Ordinances; (b) "SE" indicates that the use is a Special Exception ("SE") that may be allowed in the district; and (c) A "blank space" indicates that the use is prohibited. I I Temp, Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 1 Page 5 Notes: P = Permitted Use SE = Special Exception Blank = Prohibited I I B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Residential Dwelling, Single Family Dwelling, Multifamily P Dwelling, Two -Family Rowhouse P Townhouse P Mobile Home Park Residence Hall or P P Dormitory Community Residential Home, P P P P P Type 1 (6 or less residents) Community Residential Home, P P P P P Type 11 (7-14) Assisted Living Facility (1 or more P P P P P residents) Retail and Commercial Adult Entertainment SE Antique Shop P P P P P P Appliance and Electronics Store, P P P Service and Installation Notes: P = Permitted Use Temp. Ord. #2084 — March 15, 2005 SE = Sr)ecial Excer)tion Revision No. 1 — June 14, 2005 Page 6 Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXID CATEGORYIUSE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Retail and Commercial Auto Repair, General SE Automobile Dealership SE Auto Rental, SE SE Accessory Auto Service Station and Minor Repairs SE SE Auto Tire Sales and SE SE Installation Bakery P P P P P P Barber/Beauty Supplies and P P P P P P Equipment Sales Bicycle Sales and P P P P P Repair Boat and Marine Sales Bookstore P P P P P P Car Wash/Auto Detailing SE Clothing and P P P P P P Accessory Store Consignment Shop P P Convenience Store SE SE �/Gas Sales I I 11 I I I Notes: P = Permitted Use SE = Special Exceptio Temp. Ord. #2084 — March 15, 2005 Revision No. 1 —June 14, 2005 Page 7 Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Retail and Commercial Department Store P P P Discount Department P P Store Drugstore or P P P P P P Pharmacy, General Farm Equipment and Sales Feedstore Floral or Florist Shop P P P P P P Fruit and Vegetable P P P P Market Gift and Card Shop P P P P P P Grocery Store, Retail P P P P P P Hardware, Paint, Glass, Wallpaper and P P P P Floor covering Store Hobby, Fabric, and P P P P Craft Shop Jewelry Store, including Repair of P P P P Jewelry and Clocks Landscape, Nursery, SE P and Garden Supplies Lawn Mower Sales P P P and Repair Lumber Yard and Building Materials Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 8 Notes: P = Permitted Use SE = Special Exception Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Retail and Commercial Machinery, Tools, and Construction Equipment Sales and Service Medical and Dental P P P P P Supply Sales Motorcycle Sales and SE Service Nightclub, Bar, or SE SE SE Lounge Pet Grooming Shop P P P P Pottery Shop P P P P Recreational Vehicle Park Restaurant P P P P P P Restaurant, Fast Food (with or w/o SE SE SE Drive -through) Retail, General P P P P P P Showroom, General P P P P Thrift and Used P Merchandise Store Personal Services Animal Boarding SE Kennel Auto/Truck Fleet Maintenance Shops and Garages I d I I 11 Notes: P = Permitted Use Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 9 SE = Special Exception Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Personal Services Auto/Truck Body Repair Shop Automatic/Self-Serve SE Car Wash Bank/Financial Institution w/Drive P P P P P SE Through Bank/Financial Institution w/o Drive P P P P P P Through Banquet Facility P P Barber/Beauty Shops P P P P P P Blueprinting P P Boat Repair Business, Trade and P P Vocational Schools Catering Service P P Cemetery and Mausoleum Clinic, Medical or P P P P P P Dental Clinic, Veterinary P P P P P Cold Storage Facility SE Contractor's Storage SE Yard Data Processing P P P P P P Service Notes: P = Permitted Use Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 10 SE = Special Exception Blank = Prohibited B-1 B-2 B-3 B,-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Personal Services Day Care, Child, Adult SE SE SE or Family Electronic Repair P P P Emergency Health P P P P P Care Express or Parcel P P P P Delivery Office Express or Parcel Delivery Distribution P Center Extermination Service P P P Funeral Home P P Health, Physical Fitness, Weight P P P P Reduction, and Spa Housekeeping and P P Janitorial Services Laboratory, General P P Laboratory, Dental or P P P Medical Laundry, Self Service P P P Laundry and dry- cleaning Pickup P P P P P P Station Laundry and dry cleaning (on site), SE Linen Supply and Cleaning Service I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 1 Page 11 Notes: P = Permitted Use SE = SDecial ExceDtion Blank = Prohibited D B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Personal Services Locksmith P P P P P P Machine Shop Mail and Packing P P P P P P Store, Private Massage Therapist P P P Motion Picture Studio SE Nursing Home or P P P P P Convalescent Facility Painting and P P P P P P Decorating Contractor Personal Services P P P P P P Picture Framing P P P P Photo Studio and P P P P Processing Print Shop P P P P Self Service Storage SE Shoe Repair P P P P P P Studio, Instructional P P P P P P Studio, Professional P P P P P P Tailor Shop P P P P P P Travel Agency P P P P P P Video Game and SE SE Amusement Parlor Video Rental and P P P Sales Notes: P = Permitted Use SE = Special Exceptio Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 12 Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Office Employment Office P P P P P P Interior Design, P P P P including Sales Office, Medical or P P P P P P Dental Office, Professional P P P P P P and Business Optical, Optician or P P P P P P Optometrist Offices Veterinary Office and P P Clinic Public and Institutional Churches and Places P P of Worship College or University, P P Public or Private Governmental Uses P P P P P P Hospital, Public.or P P P P Private Post Office P P P P P P Post Office, P P P P Accessory Satellite College or P P University Schools, Public and P I P P P P P Private I I I I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 13 Notes: P = Permitted Use SE = Special Exception Blank = Prohibited B-1 B-2 B-3 B-5 B-6 MXD CATEGORYIUSE Neighborhood Community General Limited Business Mixed Use Business Business Business Business Cultural, Entertainment and Recreational Art Gallery and Museum, Public or P P P P Private Auditorium, Public or SE P Private Club or Lodge, P P Private Golf Course, Public or Private Park, Public P P P P P P Recreation Center, P P P Public Recreation, P P P Commercial - Indoor Recreation, P Commercial - Outdoor Stadium or Arena, SE Public or Private Theater, Indoor SE P P Zoo, Public or Private SE Wholesale Building Supply, P Wholesale Florist P P P P Food Products, Wholesale Storage P and Sales Notes: P = Permitted Use Temp. Ord. #2084 — March 15, 2005 Revision No, 1 — June 14, 2005 Page 14 SE = Special Exception 1.11 mm 111131111=6 fille=- *1 B-1 B-2 B-3 B-5 B-6 MXD CATEGORY/USE Neighborhood Community Genera I Limited s Busine s Mixed Us Business Business Business Business Wholesale Wholesale and Warehousing, P General Transit, Utilities and Transportation Automobile, RV, and Boat Storage, Commercial Radio/Television SE Broadcast Studio Utility Plant and Major Substations Utilities, Minor SE SE Wireless Tele- communication SE SE SE SE SE Facilities Other Accessory Uses P P P P P P Mobile Home, Temporary Satellite Dishes, P P P Accessory Trailers, Construction, P P P P P P Temporary Trailers, Sales I d I I Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 15 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 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 all 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. SECTION 8: passage and adoption. Temp. Ord. #2084 — March 15, 2005 Revision No. 1 — June 14, 2005 Page 16 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this ),Ar'(i day of PASSED, SECOND READING this &h day of J Ln e, 12005. J L) 1� 2005. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: Ist Reading MARION SWEhSON, CMC MAYOR SCHREIBER Z!96je CITY CLERK DIST 1: COMM. POR;TN—ER 1 -19 DIST 2: V/M TAILAB COM P DIST 3: COMM. SU N F & C DIST 4: COMM. RO E TS /-K I-P I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VKE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: WM TALABISCO DIST 3: COMM. SULTANOIlFe— DIST 4: COMM. ROBERTS WSAMOE-1 S. GOREN 1) INTERIM CITY ATTORNEY I I commdev\u:\pats\userdata\wpdata\ord\2084ord I