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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-005Temp. Ord. #2174 April 13, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2009- v`j AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24, SECTION 24-1 "DEFINITIONS", ARTICLE IV, "EXCEPTIONS AND MODIFICATIONS" AND SECTION 24-434 "PERMITTED USES MASTER LIST" FOR CHURCHES AND PLACES OF WORSHIP PROVIDING FOR CONSISTENCY WITH THE FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida (hereinafter referred to as the "City") recognizes that the use of Churches and Places of Worship is becoming increasingly common throughout the City; and WHEREAS, the City recognizes that the proposed amendments will define and provide clarification to the existing Special Exception process and to allow the use of Churches and Places of Worship in a B-1 (Neighborhood Business District) zoning district; and WHEREAS, the City further recognizes that the proposed code amendments will strengthen and provide flexibility for the City's ability to mitigate the effects of proposed actions and requests that do not meet current specific code requirements on a case by case basis; and WHEREAS, the Community Development Department has recommended that the City Commission approve the proposed code amendments to the City's Code of Ordinances; and WHERES, the Planning Board has approved the proposed code amendments to the City's Code of Ordinances; and CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 2 WHEREAS, the City Commission finds that the amendment of an Ordinance to allow a use into the B-1 (Neighborhood Business District) zoning district that was previously allowed that will not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare of such zoning districts is in the best interest of the residents and citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 this Ordinance upon adoption hereof. SECTION 2: That Chapter 24, Section 24-1 "Definitions, Article IV, "Exceptions and Modifications" and Section 24-434 "Permitted Uses Master List" for Churches and Places of Worship of the City of Tamarac's Code of Ordinances, is hereby amended to read as follows: 24-1 Definitions Special exception means a use that would not be appropriate generally or without restriction or conditions of approval 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. Sec. 24-434. Permitted uses master list. 1 CODING: Words in stFike threugl type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 3 1 Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited CATEGORY/USE B-1 B-2 B-3 General B-5 Limited B-6 MXD Neighborhoo Community Business Business Business Mixed d Business Business Use Churches and places of worship P P P Code 1975, § 28-171; Ord. No. 88-5, § 1, 1-27-88; Ord. No. 89-32, §§ 1, 2, 10-10-89; Ord. No. 96-6, § 2, 5-22-96; Ord. No. 2005-14, §§ 2, 3, 7-13-05) ARTICLE IV. EXCEPTIONS AND MODIFICATIONS Sec.24-546. Purpose. The purpose of the special exception is to provide for certain uses which cannot be well adjusted to their environment in particular locations and to offer full protection to surrounding properties by rigid application of the district regulations, and due to the nature of the uses, the importance of their relationship to the comprehensive development plan and the possible impact on neighboring properties, to require the exercise of planning judgment on their location and site plan. (Code 1975, § 28-196) Sec.24-547. Applicability. The regulations set forth in this article qualify or supplement the district regulations appearing elsewhere in this chapter. (Code 1975, § 28-195) Sec. 24-548. Enumerated generally. (a) The buildings, structures and uses shown as permitted only by special exception in section 24-434 may be approved by the city commission as special exceptions except as otherwise provided in this Code, in accordance with the procedures and standards of section 24-552. The public health, safety, morals and general welfare will not be adversely affected; it shall conform to all city ordinances unless otherwise specified in this article and, specified as a condition of approval, the height limits, yard spaces, lot area and other applicable regulations shall be the same as for the other uses in the district in which the special exception is located. If any criteria for a special exception or for special exceptions in general is found by a court of competent jurisdiction to be inadequate, the legislative intent is for that business to be a prohibited use in the district for which special exception approval had previously been required. CODING: Words in strike thmugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 4 (b) All additional uses not specifically designated in the master business uses, section 24- 434, may be granted as special exception in B-1, B-2 and B-3 business districts, provided the applicant adheres to the procedures set forth in section 24-552. c Any use that seeks relief by a special exception must ensure the following actions are completed or are proposed to be completed through a site plan revision or building permit prior to approval by the City Commission: 1. The entire site in which the proposed use is located shall be in with current landscaping requirements to the greatest extent possible as stated in Chapter 11, Landscaping_ 2. All vehicular use areas shall be in compliance with current requirements to the greatest extent possible as stated in Chapter 9 Health Sanitation and Nuisances, -Chapter 24,-Zoning and in the Cit 's Engineering standards. 3. The entire site shall be void of any pre-existing code_ violations. (Code 1975, § 28-197) Sec. 24-551. Concept site plan requirements. Each application for approval for a special exception concerning property where there is not a valid approved site plan shall be accompanied by ten (10) copies of a concept site plan meeting the requirements of this Code. Each application for approval for a special exception concerning property where there is a valid approved site plan shall be accompanied by ten (10) copies of the approved site plan. Each application for approval for a special exception shall be accompanied by such other information as may be required by the city commission, planning board or staff for a determination of the nature of the proposed use and its effect on the comprehensive development plan, the neighborhood and surrounding properties. (Code 1975, § 28-198; Ord. No. 99-03, § 2, 2-10-99) Sec. 24-552. Approval procedure. (a) Application. Applications for approval of a special exception shall be submitted to the community development department, which shall review the application and site plan for sufficiency under the requirements of these regulations and forward necessary copies of the application to the clerk of the city commission for notation in the record of commission business. The clerk shall forward six (6) copies to the planning board for study, for holding of a public hearing and for recommendation and report to the city commission. 1 CODING: Words in StFike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 5 (b) Review by planning board. Within a reasonable time of the receipt of the application, the planning board shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city, notice of the hearing shall be posted on the property in question and all property owners within a *,Fee `'u..d - four -hundred -foot radius of the boundaries of the subject property shall be notified by certified and/or ordinary first class mail at least fifteen (15) days in advance of the hearing. Where the applicant is the owner of land not included in the application, and the land not included as a part of or adjoins the parcel for which the special exception is requested, the thFe . h .nar..a four -hundred -foot requirement shall be measured from the boundaries of the applicant's ownership, including the land not covered by the application. Within thirty (30) days of the public hearing, the planning board shall submit a report and recommendations to the city commission. (c) Action by city commission. The city commission may establish additional conditions for an approval by a simple majority vote but shall require a vote of four -fifths of all members of the commission to overrule a planning board recommendation for disapproval or to eliminate or substantially change any conditions attached to an approval by the planning board. (d) List of property owners within gmee four hundred feet. It shall be the responsibility of the applicant to furnish, at the applicant's expense, a certified list of all property owners within a +hFee `'u^'''^`' four -hundred -foot radius of the boundaries of the subject property. This list must be certified by a licensed title company or other qualified individual, and the applicant will be responsible for the accuracy of the list of property owners. The list must be submitted to the community development department at the time of the filing of the application. The list of property owners must be dated and certified to a date not exceeding thirty (30) days prior to the date of filing of the application. (e) Fees. All applications for approval of a special exception shall be accompanied by a fee in an amount determined by resolution of the city commission to cover all costs in processing such applications. In addition, the applicant shall be responsible for the reasonable costs of publication in connection with applications for special exception. Furthermore, if it is necessary for the applicant to request an extension of the special exception approval, the applicant shall pay an additional fee in an amount as determined by resolution of the city commission. (Code 1975, § 28-199; Ord. No. 99-03, § 2, 2-10-99) Sec. 24-553. Term of validity. Approval of a special exception under this chapter shall be valid for a period of one (1) year following the date of approval and thereafter shall become null and void, unless construction or use is substantially underway during such one-year period as determined by the City or unless an extension of time is approved by the planning city Commission before the expiration of such one-year period. Approval of a Special Exception shall automatically expire after one (1) year if -the above conditions are not completed. CODING: Words in StFike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 6 In order for the City Commission to approve an extension for a Special Exception, one 1 of the following criteria_ shall be met: 1. The petitioner can clearly demonstrate undue and unnecessary hardship because of unique or unusual conditions pertaining to the specific use or property in question. 2. The petitioner can demonstrate a clear benefit to the general public welfare for such time extension. A Special Exception may be granted a maximum one 1 time extension fora period of u to one (1) year only. (Code 1975, § 28-200; Ord. No. 99-03, § 2, 2-10-99) Sec. 24-554. Revocation of permits. Permits issued under a special exception approval may be revoked by the ehief bUildiRg 0nspeeter City Manager or his designee for failure to comply with conditions of approval or applicable regulations after proper notice and hearing have determined that the above conditions have not been adhered to. (Code 1975, § 28-201) Sec. 24-555. Amendment of exception previously approved. The procedure for amendment of a special exception already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application; except, that where the planning board determines the change to be a minor one relative to the original approval, the commission may transmit the same to the clerk of the city commission with the original record, without requiring that a new application and site plan be filed. (Code 1975, § 28-202; Ord. No. 99-03, § 2, 2-10-99) SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall 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 re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. 1 CODING: Words in dough type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 7 1 1 SECTION 4: All Ordinances or parts of Ordinances, and 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 of the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. This portion of the page has been intentionally left blank. CODING: Words in StFlke threugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2174 April 13, 2009 Page 8 PASSED, FIRST READING this PASSED, SECOND READING this ATTEST: r �! MARI-Ol',f :SWENSON, CMC -CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. AMUEL S. GOREN CITY ATTORNEY 1-Nl 13 day of /111 , 2009. a� day of %�1 , 2009. BETH FLANS AUM -- LABISCO MAYOR RECORD OF COMMISSION VOTE: 1st Reading, MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. BUSHNELL DIST 2: V/M ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. BUSHNELL777 DIST 2: V/M ATKINS-GRAD Z__ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER47 1 CODING: Words in Strike fi• muo type are deletions from existing law; Words in underlined type are additions.