HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-005Temp. Ord. #2174
April 13, 2009
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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
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April 13, 2009
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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.
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April 13, 2009
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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.
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(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.
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(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.
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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.
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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.
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April 13, 2009
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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
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Words in underlined type are additions.