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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-010Temp. Ord. #2114 — March 15, 2006 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2006 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, "WOODLANDS OVERLAY ZONING DISTRICT", SECTION 24- 804(3), "MINIMUM STANDARDS FOR MAINTENANCE OF PREMISES", TO REFLECT THE ADDITION OF THE COLORS, WHITE AND BRONZE AS APPROVED COLORS FOR POOL FENCES (CASE NO.7-Z-06); 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 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 (attached hereto as Exhibit "A"); and WHEREAS, Section 24-804(3) entitled, "Minimum standards for maintenance of premises" of the City of Tamarac Code of Ordinances reflects, "Fences shall be CODING: Words in stfeek thMgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2114 — March 15, 2006 Page 2 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.", as contained in Ordinance No. 0-2004-11; and WHEREAS, the City of Tamarac wishes to amend Section 24-804(3) to reflect the addition of the colors, white and bronze as approved colors for pool fences; 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 , "Woodlands Overlay Zoning District", Section 24-804(3), "Minimum standards for maintenance of premises", to reflect the addition of the colors, white and bronze as approved colors for pool fences. 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 24-804(3) of the City of Tamarac Code of Ordinances is hereby amended as follows: CODING: Words in StFU& through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2114 — March 15, 2006 Page 3 ARTICLE X. WOODLANDS OVERLAY ZONING DISTRICT 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 premises shall be subject to the city's code. Minimum standards to ensure maintenance of premises are as follows, along with the following conditions: (3) 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 city's code. Fences shall be constructed out of a non -porous material (specifically metal, aluminum or plastic) and shall be painted black,, er dark green, white or bronze 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. 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 CODING: Words in s&Hek thFOUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2114 — March 15, 2006 Page 4 application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this L ( day of Vri 1 , 2006. PASSED, SECOND READING this c,� day of / prl) , 2006. OVUM 1 M, O.M. • MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Re ding MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO mle CITY CLERK DIST 1: V/M PORTNER AP DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Re ding MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER S MUE S. GOR N CITY ATTORNEY commdev\u:\pats\userdata\wpdata\ord2114ord CODING: Words in sVU& thFOU@h type are deletions from existing law; Words in underscored type are additions. EXHIBIT "A" TEMP ORD #2114 Temp. Ord. #2038 — February 25, 2004 Revision No. 1 — March 16, 2004 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004- 1 1 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 type are deletions from existing law; Words in n r ore, 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 SOWelk thFOU@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 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 nuMqse and intent of the Woodlands Overlay Zoning District is to create and establish specific regulations in addition to those, requirements contained within the City of Tamarac Code gf Qrdinances that will serve to preserve the neighborhood chars t r mmote its high uality and ern maintain pro,ert, values and protect the put1lig h h saf t and welfare. The overlav district is not only intended to provide guidelines t.Q ensure the resery tin of 1he Woodlands community's visual integrity, but to also ensum hat every property is maintained in accordance with „the community. standards. Sec. 24-801. City_ of Tamarac. The City of Tam rac is hereby charged with implementation. --interpretation an enforcement of the regulations as set foAh in the Woodlands Overlay Zoning District. Sec.24-802. Definitions. Accent colors means the colored surface areas compri ingof no more than twenty-five percent (25%Q) of the total surface. area of each elevation, btit.i� limited to architectural features such as eaves, banding. -columns and trim areas, Base building color means he color of at least seventy -five -percent 75!/A) of the total col r d ggrfage area of ejch elevation. City means the City of Tamarac, CODING: Words in stru^,ilireugh 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 City_'s_code_means the City of Tamarac Code of _Ordinances. Commercial vehicle means an vehicle that by -its design or use is utilized for any guripose intended to derive some form of compensation, wheth r monetM or otherwise. Outsi lettering of any 5uch vehicle designatinaa business shall be dee,mc1_conclusive for eslablishina commercial slaJ0, Such status shall not include governmental, law enforcement and emergency res on e v hides provided such vehicles otherwise meet the criteria for private use vehicles. Community_ means the Woodlands. E uiv lent replacement men tree shrub or aroundgover that is of similar species of landscape material th@t was removed. Ground cover means low growing -plants that by the nature f th it rowth characteristics completely cover the around and do not usually excCedo (21 feet in height. Heavy truck means_any truck with a net weight gf more than 5000 pounds and is designed r used to transport goods other than those incidental to the persgnal effects of the owner. Landscape material means any of the -following or a combination them of such as but not limited to grass, ground cover, shrubs vine hsdq s,_trees or palms anc othr,materials s ch rockspebbles, sand but not including paving. Lawn rass / sod / turf means the upger layer of soil bound by arassyplant roots and covered by viable grass blades. Neighborhood means the Woodlands. Private use vehicle mgang gny vehicle where the Lima use of the vehicle is for the transportation purposes of the owner/operator and that by the normal operation gf_gjKh vehicle there is no monetary compensation derived. Such vehiclgl shall be limited to n er vehicles including omobil s motorcycles, golf c and trucks. Secondary building colors means larger trim areas that are„limited to -a mid -range intensity f the base building or com lem n lam. The seconds col should be limited to twenty-five percent 25° of the maior surface plane thQv areused on. Trimcolors means the colored sjUrface_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 total rf e r a of each elevation. but i limited to doors door fram s windows and scre n frames,shutters soffits fascia� -and small decorative elem n . Truck means any sport utility vehicle (SUVJ van Qr pick-up truck with a net weight of 5000 pounds or less and which is used primaries to transport goods incidental,. to the personal effects of the owner/operator, and not used to transport commercial ods. Vehicle,r-gps means all portions of platted lots and clubhouses used f r h ur ose of nareas egress,_parkiny, storage. loading and ,Vnlaadina of motor vehicles. Woodlands communityDr Woodlands means aparcel of land,lving in section 14, Townshit, 49 South Rancle 41 East beinq more articular) described as follow : ( The Woodlands, Section One, -Phase One, as recorded in Plat Book 66, Page 22, of the Public Records of Broward C unty_Florida, together with: (.2) The Woodlands, Section One -- Phase Two, as recorded in Plat Book 67 Pa a 23 of the Public Records of Broward County Florida together with: The Woodlands, Section Two — Phase One, as recorded in Plat Book.66. Page 28, of the Public Records of Broward County Florida together with: The Woodlands._Section Three, as regarded in. Plat Boo_k_66,,, Page 24, of the_Publlc_Records of Broward County, Florida. together with; U The Woodlands- Section Four, as recorded in. Plat Book 60,LPage 25, of the Public Records of Broward County,,, Florida, _tocietherwith: u Thip Woodlands Section Five as recorded in Plat Bock 67, Page,.43 of the Public Records of Broward County, Florida together with: U The Woodlands_, Section SiX, as recorded in Plat Book67, Page 4Q pf the Public Records of Browgrd County, -Florida together with• The Woodlands Section Seven. as r c rded in Plat Book 67 Page 41 of the Public Records of Broward unt Florida to ether with* U9 The Woodlands. Section Eight,as recorded in Plat Book 67. Page 42, of the Public Records of Broward County, ,Florida. CODING: Words in St:.,^g, type are deletions from existing law; Words in uode[�corgd type are additions. Temp. Ord. #2038 — February 25, 2004 Revision No. 1 — March 16, 2004 Page 6 (10 North Laurel ircle as recorded in Plal B ok 89 Page 47 f the Public Recur s of Broward o nt Flori a. Sec. 24-803._ Permitted. /. prohibitedd uses,_and strutures Thg Woodlands QQmmunity is zon d R-1 B 'Single -Family Residen i I and S-1 (Recreational DistrictL. The R-18 zoning district is applied to those platted lots intended for single-family ruid.en ial homes and permitted access tructures. Th S-1 zoning district classifip�ltion .,is .applied tQ clubhQuses and lake . u Permitted uses and structures are as listed„under Division 3 entitled, "R-1 B and R-1 C Sincile-Family Residential Di ri ts" and Divi i n 13 entitled "S-1 Recreational District",;,._Use, of lots platted for single family_ residential shall bgrestricted to the use of a in I famil its h sehold servant and guests. Use of lots platted for recreational shall be restricted to the use of ,. outdoor sports and recreational activities active and passive in nature) U 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 R i tial Districts" as a permitted use within the i 's code. This woul,include the prohibition of any trade, business profession or_eny otheLtype of commercial activity. Prohibited uses and structures in the -1 zoning district _p y ._ fisted under Division 13 entitled. "S-1 istnct are s ecl (call listed Recreational District" of the cit 's code. Structures accesso[y to the use of one,(1(family may_„fie erected provided such access0 b ildin s are cl prly incidental to thp main building— and do nQlagcommodate an additional f mil . Accessory structure shall receive all required permits from the cily 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 buildin rtrailers may be placed on a I 2LTemj2oraDLcongjrgction sheds shall receive_all required permits from the city gdgr to. -installation (Q) No buildina shall exceed thirt -five 35 feet in height measured from the crown of the street upon which such building fronts, unless ,the _property CODING: Words in s0tiek 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 7 owner has received _approval of a variance from the city's planningboard. eo._2a-804. _Minimum standards f�maintenance of premises. Residential properties shall kgrotected from the negative iml2acts of noise illumination unsightliness, odgrs . dust, dirt,smoke and other objectionable influences. Maintenance of premises shall be subject to the city's cede. Minimum standards to ensure maintenance of remis s a[g,, as follows, along with the following n ition : All properties shall be kot in a clegin and sanita conditi n free, f rubbish, trash, garbage, around surface hazards. including but, .not limited to: broken glass, dangerous projectiorM and, obiects,. No animals, livestock or pit lftry 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.tr door maintained for any commercial purposes. U Fences are permitted Qnly_when the fence will be used as a safety barrier to enclose a_pool as required under Chapter 5, Article VII of the.city's code. Fen .-shall b con tructed out of a non- or m terial s ecificall metal. aluminum orplastic) and shall be gainted blagk or dark green in oolor_and hidden from view with a continuous hedge. The property owner shall receive all required permits from -the cityprior to the installation. Hedges are ermitted an h II be maintained uniform) at h i ht not to exceed. six_ (6__feet and so as not „to_obstruct a ,.neighboring p eay owner's view of the golf course or water bodies. Refuse containers shall be maintained in good condition and completely Greened from view from the adjacent ri ht-of-w . The only excel2tion to this regulation is when the refuse containers are placed for pickup which shpil-bg ng galjlipr than 7:00 pm the evening before on the dpy of actual pickup_ and removed no later than 11:00 pm the evening of pickup.., U All gas and oil tanks must be placed and maintained below ground level or in walled -in areas so as not to b- visible from adjacent properties. (7� Air conditioning or other m h nical equipment laced in any front, side or CODING: Words in StFHe'( thfough type are deletions from existing law; Words in underscored type are additions, C�I�l0]tzE�] Temp. Ord. #2038 — February 25, 2004 Revision No. 1 -- March 16, 2004 Page 8 rear yard shall be screened or walled „in so as„ngt to be visible from the WLli_q_d_gh s-.Qf­way_and shall not be placed on the roof of any building or struarture unless such air conditioning ormechanical equipment is completely screened or walled in so as not to be visible from the public rights -of -way -or adjoinina properties. Any telecommunications tower and r antenna located within the Woodlands ommunity shall com_Aly_with all federal. state and local laws, ordinances and regulations* (2) Permanent and/or temporary signs shall not be erected or displayed upon any properties within the Woodlands. f 1 D) Exceptions:. a. Political signs — which shall conform tg Qha,pter 18 of the city's code. b. Security / rotective ygency si ns—which hall be located within five 5 feet of the residence. C. Warning or hazard signs -_which will be permitted to be located where the hazard may exist. d. Real estate signs- provided -the s Qns are placed a minimum of ten (10 feet from the proUeerty line. Only one (1) sign shall be permitted per property, The size of the sign shall b na lar er than fifteen 1 in h s in height, twent -f ur 24 inchQ§ 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 e. Open house ,signs — which sha IL be permitted on weekends only when the -subject proper y ids ff#e ed 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 measgrgd from the around (where the i_an is installedLshall no#exceed thirty-six (36) inches in height. f. House identification signs —which shall be attached to the residence, be no laraer than twelve (12) inches by fifteen (15) inches and include no more than the homeowner's name and/or address. 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 9 (,11) 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 dirt, grime, mold mildew.,.,5uch. surfaces shall also, be kept free of f dp ,d or_gftWped paint and shall be maintained ingood- repair an condition. Such s rfaces 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. (1) The parking, storage or movement of motor vehicles. ex,ce�t in_approved vehicle use areas is prohibited. Exceptions include golf carts which shall be permitted to move over Aervious areas, to -get to and from the golf course or vehicle use areas as defined). 2 _ ic d.,to be parked,or s-fored_overnight my private use vehicles are permltte where visible from the 12ublic rights-of-wpy or abutting -Property. All other types of vehicles_ including but not. limited to heayyjrucks and commercial vehicles are prohibited from being parked._ or stored overnight where it is visible from the 2uZlic rights -of -way or abuttingpronerty. (3) Vehicle use areas shall a can r cted of as halt oavement, brick pavers concrete, stamp concrete, cast in place stone or of„a similar material which Provides equivalent durability, aesthetic a ,r,.ppearance 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 carportvisible from _ the abutting._, rights -of -way are prohibited. Carports shall be maintained so that there is no accumulation of junk, trash.an 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 orb type are deletions from existing law; Words in Un r cored type are additions. Temp. Ord. #2038 - February 25, 2004 Revision No. 1 - March 16, 2004 Page 10 In order to assurethat the guality of develo ment within the community i maintains hi h standard, the following re uirements shall apply to construction of new r i nc n additions or changes to existing residences or properties: No msidence shall b n tructe ontainin a livin area of less than 15 0 square feet. W No docks seaw II boat -landings.- mooring posts or boathouses may be constructed without the 12roperty owner obtaining all permits. Sec, 24-807._Exterior colors for single-family residences_(base building colors, accent colors and trim colors). In order topreserve the n i hb rh od appearance -of the coLnmunity. an established color scheme shall be approved and modified by Resolution of the City Commi i n rgferred to as the "Woodlands Color Palet ". Exterig c I r f r singk-family residences are expressed in three 3 cats orie b it in cg-lq-rl accentc tors 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 ppinting. _the propgrty ,owner shall refer to the "Woodlands Color Palette" for the list of approved of rs. U3 The progeny shall then apply to the building and code com Ip iance d paart_ment_for a no cost paint permit that will be reviewed for consistency with „fhg "Woodlands Color Palette" The paint permit shall be v lid for six calendar -days- from the date of issuance: Roof _sUAces are�notsubject to these reaulatons._.unless_the rooting material is painted. Roof surfaces comprised of shingles, tile or aggregate with a facto -installed color finish are not subject to the§§ regulations. In the event that a _roofer rface i be 12ainted or r inte onl 1 I r CODING; Words in �er�gh type are deletions from existing law; Words in under5core-d 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 coloLj, hall 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.,,May _e_qu.ipment. utility. provider equipment and fences with factory -installed -col r finishes shall not be ub'ect to these regulations. In the vent that any gf th se items are to be repainted, then only 1 color listed a bull in color accent color or trim color shall be permifted. The c for shall be -either white or a color used on the elevations of the principal structure on the pro.pe! y and shall not be subject to the percentacie limitations within the city code. L7i Exte-rior-surf on istin of natural stone wood or brick shall not be subject to these regulations unless such surface is painted. Sec. 24- n in and screenin - In order to assure that the aesthetic a earanc f h gn munit 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. iZ A111-ot are n v red by driveways, or other aved ar a_S 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. Lj Mo ifi ation to existing landscape material as d fined herein shall be of eguivalenj replacement. (4) Landscape material shall not create estrian and/or motor vehicle hazards, The installation, rgmoval and pruning of all ,trees and palms within the community -shall be in accordance with, the standards of the National Amorist Association andQhaptar 11 of the city code. All other elements of CODING: Words in sfFuek Ehraugh type are deletions from existing law; Words in unde�ored type are additions. Temp. Ord. #2038 — February 25, 2004 Revision No. 1 — March 16, 2004 Page 12 landscaping sh la I be installed_ andmaintained so as to meet all other applliicable city code requirements. Sec. 24-809, Conflicts and appeals. (1) This article shall be liberally gonstruedo ps tq gffectivelycarry out the purpose_ hereof in the interest of the, public health, safety and _general welfare..,.. The, provisions of this arti I shall apply to the communit in dition to the provisions of the city code. In the event of any conflict between the provisions of this artigleand any provision of the city code, the rovision-co-ntaingd in Ihi§ artiplp h II revail. 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 a-ga6eved by1he 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 hall_ by enforced by the building and „code com liance department of the city along with the Broward Sheriffs Office. Violations of an of the regulationsof this district shall be heard in accordance with, state statutes, by the appropriate governin g •ng authority. S,er. 24-811. Nonconforming uses_ and structures. Existinq nonconforav&a_ uses_andsiructu-ro-s not in..violation — Anv lawful use of land or structure existing on (month, day and year). and which by its terms has become a ngnqgnforming use is hereby declared not to be in violation of this chal2ter on such date. Such nonconforming use shall be subject to all of the provisions of thliclee ainin to its continuance, change and discontinuance, Continuance permitted if legal_- Any _ legal nonconforming use or structure may be CODING: Words in stfueli threagh type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #2038 — February 25, 2004 Revision No. 1 — March 16, 2004 Page 13 continued. Continuan w- Nothin in Ihis article shall be interpreted as authorization for or approval of the continuation of the use of a structure; _Ict or premises in violation of any law or ordinance in effect on (month, day and year Extensions —The nonconformina use of a buildin may be extended throu h nv Dart of bjUilding qlearlydesigned for such use but not soused as of Lmonth, da n ar . An nonconforming use which occupied a portion of a .building not originally designed ar intend f r sggh Upe 5hall not be extended to any other part of the building. No nonconforming us shall be ext nd d tg occul2y any land outside the building or an additional building on the same glot not used for sych npncgDfprrnin-Q use as of month day and yearj, The nonconforming use of land shall not be extended to any @dditional Land not so used as of such date. Repairs, maintenance improvements — No structur iliz d f r a nonconforming use shall be enlarged, extended reconstructed or structurall I r d unless he use is changed to one which complies with the provisions of this article: rovided that r air m intenance and improvement may be carried out in any one 1 ear in an amount not to exceed twenty-five percent (225°I�) 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 nonconformina use or increase the number of dwelling units. Nothing in this article shall prevent compliance with applicable laws or resolutions relativejtp he safety nd s,2nit@tion of a building ccu ied by a nonconforming use. (1) If any nonconforming structure or building in which there isa_nonconforming_ use Is damaged by _f --flood, explosion.,collapse, wind, ,war or other catastrophe --to such an extent that the cost of rebuilding, repair and reconstruction will_exceed seventy-fivepercent (75%) of the replacement cost of the building or tr c ure i sh II not be again Qsed_or reconstructed except in full conformity with the regulations, of,th?, district in which it is located. Changes— (1) In any _ residential district. any change_ of a nonconforming use in a conforming building shall be to a conforming use. In any resi enti I i tric n n_-conforming use in a nonconforming building shall be chan ed only _a use permitted in the particular residential district involved, except where there may be a change of _tenancy, ownership or CODING: Words in StFuek thFOUgh type are deletions from existing law; Words in n r rpd 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 or such nongonfgrming use, except as may, bg oermiltgd 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 a tion shall be jo a conforming 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. >?� Any part of a building, st[Voture e. or land occupied by a nonconforming which use is abandoned, shall not again be occupied or used for a nonconforming use. Awlicability to nonconforming uses created by changes 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 chancle or a reclassification of district gr become nonconforming du o a change in district re ulation . Where a period of time is sgecified in this article for the removal Qr discontinuance of non of rmin buildinas, structures or uses. such period shall be computed from the effective date of such reclassification or change of reaulations. Appli iity - The provisions of this article are intended to apply only to nonconforming ps s and are nat intended a ! t buildingsand stru tures and their lots existingon month nd year which do not meet the regulations of this chapter for height, yards, lot size lot area coverage, separation or other similar dim n ional cequirgmgnor 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 iss d. If a surveycannot be produced, the owner may a I to the glanning Ugardfor a variance which vgdancp m st be granted before any permit may be issued. Any adlifllon%extensions or alterations to such proven existing buildings or structures shall corngly with all Mplica lo_provisions_of this chapter. CODING: Words in ^4,; type are deletions from existing law; Words in underscored type are additions. 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 .uw.— The _casual, t m ora or illegal use of land orbuild in shall not be sufficient to establish the existence of a nonconforming use y . 'g he continuanc.g of such a use or to create.an_..rl rights in the 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 s1ruek !hreugh type are deletions from existing law: Words in undeXs,! .DLed 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`h day of March, 2004. PASSED, SECOND READING this 14`, day of April, 2004. JOE SCHREIBER MAYOR ATTEST: 41 i� RECORD OF COMMISSION VOTE: 1st eading MARION S ENSON, 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 1 have approved this ORDINT4DIST RD OF COMMISSION VOTE: 2n eading R SCHREIBER : COMM. PORTNER : COMM. FLANSBAUM-TALABISCO : V/M SULTANOF : COMM. ROBERTS -" f►1ii11I.i ATTORNEY commdev\u '\pa is\userdata\wpdata\ord2o38ord CODING: Words in s#Fuel( thfougft type are deletions from existing law; Words in undg.N.c1ed type are additions.