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Home My WebLink AboutCity of Tamarac Ordinance O-2013-001Temporary Ordinance No. 2267 November 14, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO AMEND THE REGULATIONS PERTAINING TO THE USE OF SCHOOLS BY SPECIFICALLY AMENDING CHAPTER 24, "ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC, FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to as the "City"), seeks to amend its regulations pertaining to the use of schools by specifically amending Chapter 24, Zoning; and WHEREAS, the City recognizes a need to provide a more thorough and intensive review for the use of schools in its commercially and residentially zoned lands; and WHEREAS, the proposed amendments are in keeping with the Goals, Objectives and Policies of the Comprehensive Plan; and WHEREAS, the Director of Community Development recommends approval of these amendments; 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, of the Code of Ordinances of the City of Tamarac, Florida in an effort to strengthen its review capabilities for the use of schools to ensure that public interest and safety are being met regarding this type of use. Temporary Ordinance No. 2267 November 14, 2012 Page 2 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; all exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2: That the City of Tamarac Code of Ordinances Chapter 24, Zoning, is hereby amended to read as follows: DIVISION 3. - R-1B AND R-1C SINGLE-FAMILY RESIDENTIAL DISTRICTS Sec. 24-133. - Permitted uses. In R-1 B and R-1 C districts, no building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) of the following uses: (1) One -family dwelling. (2) Recreation buildings and facilities, playgrounds, playfields, parks and beaches, owned and operated by federal, state, county or municipal governmental buildings including city hall, fire; d police facilities_ a Public and private elementary, middle or senior high schools are permitted subject to the special exception procedures set forth in Chaster 24. Article IV of the Citv's Code of Ordinances. (3) Publicly owned and operated library, art gallery or museum. (4) Church, and church or parochial school incidental to a church on the same premises. Such use shall be located on a plot having at least forty thousand (40,000) square feet of plot area and having at least two hundred (200) feet of street frontage. The coverage of .all roofed structures shall not exceed twenty-five (25) percent of the plot area. No building or roofed structure shall be located within forty (40) feet of any other residentially zoned property. Na parking area shall be located within ten (10) feet of any plot line. (5) Sewage lift or pumping stations, containing no treatment facilities, subject to the following requirements: Temporary Ordinance No. 2267 November 14, 2012 Page 3 a. Where the station is of the underground type, all parts of which are at least three (3) feet below grade, except for an access tube not over five (5) feet in maximum horizontal dimension extending not over three (3) feet above grade, and meters and switches on a post extending not over five (5) feet above grade, such access tube and meter or switch post may be located within a utility easement, but not less than fifteen (15) feet from any street line. If not located in a utility easement, all such aboveground structures shall be at least twenty-five (25) feet from any street line and at least fifteen (15) feet from any plot line. b. Where the station is wholly or partially above grade, there shall be a yard at least thirty (30) feet in depth adjacent to all residentially zoned property. All yards and plot area shall. be landscaped, and the lift stations shall be screened with grass, shrubbery and trees, which shall be kept in a healthy, growing condition, properly watered and trimmed. (6) Transformer substation, subject to the following requirements: The plot shall be provided with yards not less than thirty (30) feet in depth or width, adjacent to all street lines and plot lines of other residentially zoned property, and a yard at least twenty-five (25) feet in depth, adjacent to a rear plot line. The yards required under this paragraph shall be fully landscaped with grass, shrubbery and trees and shall not be used for any fence, wall, building or structure; except, that a fence properly screened may be erected at least thirty (30) feet from any street line. Minimum driveways or walkways necessary for access may .cross required yards. All landscaped areas shall be maintained in healthy growing condition, properly watered and trimmed. (7)Uses accessory to any of the above uses, when located on the same plot and not involving the conduct of any business, trade, occupation or profession. (Code 1975, § 2- 4, . No. -, § 1, -7- ) DIVISION 7. - R-3 LOW DENSITY MULTIFAMILY RESIDENTIAL DISTRICT Sec. 24-193. - Permitted uses. In R-3 districts, no building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following uses: (1) Any use permitted in an R-1 B, R-1 C, R-2 or R-3U district, subject to the limitations, requirements and procedures specified for such use; Temporary OrdinancE Novembe (2) All new multiple dwelling development and redevelopment shall comply with site design and performance standards as cc Section 24-250; (3) Public; and private of V elementary, i middle high schools are permitted subject to the special exception prod , • torte in Lnapter 24, Articie iv or the uay s t;oae or urainances and parochial schools shall offer curricula substantially equivalel schools of comparable grades and shall meet the academic re( of the state department of education; (4) Uses accessory to any of the above uses, not involving the any business, trade, occupation or profession, including a transformer station for direct service to customers. DIVISION 9. - RM-10 PLANNED APARTMENT DISTRICT Sec. 24-227. - Permitted uses. In RM-10 districts, no building or structure or part thereof shall altered or used, or land or water used, in whole or in part, for other or more of the following specified uses: No. 2267 r 14, 2012 Page 4 proposals ntai ned in or senior edures set , pP rivate it to public uirements conduct of distributor be created, ;han one (1) (1) Any use permitted in an R-19 R-1 B, R-1 C, R-2, R D-7, R- zoning district, subject to the limitations, requirements and f specified for such district. (2) Multiple dwellings as set forth in this article. (3) Public; and private of �,a-resi,aelementary, middle high schools are permitted subject to the special exception forth in Chanter 24. Article IV of the Citv's Code of Ordinance or R-3U )rocedures nd senior set . Private and parochial schools shall offer curricula substantially equivale it to public schools of comparable grades and shall meet the academic requirements of the state department of education. (4) Uses accessory to any of the above uses, not involving the conduct of any business, trade, occupation or profession, including a distributor transformer station for direct service to customers, providing that the transformer stations are landscaped in such a manner as to minimize their visibility from the street or from any adjacent or proposed residence. The following minimum standards shall apply: a. At least one (1) tree shall be planted every twenty-fi (25) feet around the perimeter of the substation. Such tree shall eat least ten (10) feet in height when planted, two (2) inches in diameter at five (5) feet above the ground, with no branching below five (5) feet. All trees shall be from the approved plant list of shade or large trees in section 11-6 in order to provide maximum screening; and Temporary Ordinance No. 2267 November 14, 2012 Page 5 b. A continuous hedge is to be placed around the perimeter of the substation, spaced no more than twenty-four (24) inches apart and twenty-four (24) inches in height when planted. Such hedges shall be maintained at least thirty (30) inches in height. Plants shall be chosen from the approved plant list of hedges in section 11-6. (5) Municipally owned or operated facilities of any nature whatsoever. (Code 1975, § 28-72.2) DIVISION 10. - R-4A PLANNED APARTMENT DISTRICT Sec. 24-247. - Permitted uses. In R-4A districts, no building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following specified uses: (1) Any use permitted in an R-1 B or R-2 district, subject to the limitations, requirements and procedures specified for such use; (2) Multiple dwellings; (3) Private office for a doctor or dentist accessory to a dwelling, provided such office does not exceed twenty-five (25) percent of the floor space of a dwelling unit occupied by such doctor or dentist and not more than one (1) doctor or dentist practices in such office; (4) Roominghouse with not more than four (4) rooms for rent; (5) Public; a d private elementary, middle and senior high schools are permitted subject to the special exception procedures set forth in Chapter 24, Article IV of the Citv's Code of Ordinances;_ p. rivate and parochial schools shall offer curricula substantially equivalent to public schools of comparable grades and shall meet the academic requirements of the state department of education; (6) Uses accessory to any of the above uses, not involving the conduct of any business, trade, occupation or profession, including a distributor transformer station for direct service to customers. (Code 1975, § 28- 74) DIVISION 19. - BUSINESS AND COMMERCIAL USES MASTER LIST 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. Temporary Ordinanc No. 2267 November 14, 2012 Page 6 Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited CATEGORY/USE B-1 Neighborhood Business B-2 Community Business B-3 General Business B-5 Limited Business B-6 Business MXD Mixed Use Residential Dwelling, single family Dwelling, multifamily P Dwelling, two-family Rowhouse P Townhouse P Mobile home park Residence hall or dormitory P P [Community residential home, type 1 (6 or less residents) P P P P P Community residential home, type II (7-14) P P P P P Assisted living facility (1 or more residents) P P IP P P Retail and commercial Adult entertainment SE Antique shop P P P P P P Appliance and electronics store, service and installation P P P Auto repair, general SE Automobile dealership SE Auto rental, accessory SE SE Auto service station and minor repairs SE SE Auto tire sales and installation SE SE Bakery P P P P P P Barber/beauty supplies and equipment sales P P P P P P Temporary Ordinance No. 2267 November 14, 2012 Page 7 Bicycle sales and P P P P P repair Boat and marine sales Bookstore P P P P P P Car wash/auto SE detailing Clothing and P P P P P P accessory store Consignment shop P P Convenience store SE SE w/gas sales 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, P P P P glass, wallpaper and floor covering store Hobby, fabric, and P P P P craft shop Jewelry store, P P P P including repair of jewelry and clocks Landscape, nursery, ISE P and garden supplies Lawn mower sales P P P and repair Lumber yard and building materials Machinery, tools, and Temporary Ordinance No. 2267 November 14, 2012 Page 8 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 IP P P P P Restaurant, fast food SE SE SE (with or w/o 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 Auto/truck body repair shop Automatic/self-serve SE car wash Bank/financial P P P P P SE institution w/drive through Bank/financial P P P P P P institution w/o drive through Banquet facility P P Barber/beauty shops P P P P P P Blueprinting P P Temporary Ordinance No. 2267 November 14, 2012 Page 9 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 Day care, child, adult SE SE SE or family Electronic repair P IP P Emergency health P P P P P care Express or parcel P P P P delivery office Express or parcel P delivery distribution center Extermination service P P P Funeral home P P Health, physical P P P P fitness, weight 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- P P P P P P cleaning pickup station Laundry and dry SE cleaning (on site), Temporary Ordinance November No. 2267 14, 2012 Page 10 linen supply and cleaning service Locksmith P P P P P P Machine shop Mail and packing store, private P P P P P P Massage therapist P P P Motion picture studio SE Nursing home or convalescent facility P P P P P Painting and ip decorating contractor P P P P P Personal services P P P P P P Picture framing P P P P Photo studio and processing P P P P 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 amusement parlor SE SE Video rental and sales P P P P Office Employment office P P P P P P Interior design, including sales P P P P Office, medical or dental P P P P P P Office, professional and business P P P P P P Optical, optician or optometrist offices P P P P P P Veterinary office and clinic P P Temporary Ordinance No. 2267 November 14, 2012 Page 11 Public and institutional Churches and places of worship P P P College or university, public or private P P Governmental uses P P P P P P Hospital, public or private P P P P Post office P P P P P P Post office, accessory P P P P Satellite college or university P P Elementary, middle or P SE P SE P.SE P SE P SE P SE senior high schools, public and private Cultural, entertainment and recreational Art gallery and museum, public or private P P P P Auditorium, public or private SE P Club or lodge, private P P Golf course, public or private Park, public P P P P P P Recreation center, public P P P Recreation, commercial Indoor P P P Recreation, commercial --Outdoor P Stadium or arena, public or private SE Theater, indoor SE P P Zoo, public or private ISE Wholesale Building supply, wholesale P Florist P P P P Food products, P Temporary Ordinance, No. 2267 November 14, 2012 Page 12 wholesale storage and sales Wholesale and P warehousing, 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 SE SE SE SE SE telecommunication 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 (Code 1975, § 28-171, Ord. No. 88-5, § 11 1-27-85, turd. No. 89-32, § 1, 2, 10- 19-89, Ord. No. 96-6, § 2, 5-22-98, Ord. No. 2005-14, §§ 2, 3, 7-13-0 , Ord. No. 2009-05, § 2, 5-27-09) ARTICLE IV. - EXCEPTIONS AND MODIFICATIONS Sec. 24-548. - Enumerated generally. (a) The hi 141cl 6ft, latl 1 QhA4AFR as, permitted only I I 1W %0%.A51%A *�f - 'f if El %J%f ...Fes ainid. uUses .. owww procedures and standards of section 24-552: and shall not adve public health, safety, Mer�s and general welfare of the city. a Uses permitted ,only by special exception shall ordinances ' ' andae special e with the tT-he conform to all city 808 0. 6 Temporary Ordinance No. 2267 November 14, 2012 Page 13 at tha hQ@nht wucl gnpra, and other applicable regulations s.".n" he the me for the 8# uses in the district in which the special exception is located unless otherwise specified in this article. If any criteria for a special exceptionWWI is found by a court of competent jurisdiction to be inadequate, the legislative intent is for that q hi icon� use to be a prohibited use in the district for which special exception approval had previously been required. /61` A11 ..__— —_1 _—__!l___11-- —i— —o— — —• - 1 ■ ■I . ■ • � � ■ vva�• (C4 (b) Any use that seeks relief by a special exception must ensure the following g 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 compliance 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 city's engineering standards. (3) The entire site shall be void of any pre-existing code violations. (Code 1975, § r - M F : Ord. . niw V -!i x Rawew X5-27-09) SECTION 3: It is the intention of the CityCommission and it is ordained -hereby 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 the Sections of this Ordinance may be renumbered, 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. Temporary Ordinance November No. 2267 14, 2012 Page 14 SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not aect other provisions or applications of this Ordinance that can be given affect without provision or application, and to this end the provisions of this Ordinance are be severable. SECTION 6: This Ordinance shall become effective immediatel passage and adoption. PASSED, FIRST READING this PASSED, SECOND READING this 7� ATTEST: PATRICIA T INTERIM Cl PEL, CMC CLERK HEREBY CERTIFY THAT I HAVE APPROVED THIS ORDINANCE AS TO FORM �'\ J.4 1LIlit SA UEL S. GOREN CITY ATTORNEY day of �'�" "�� y of BETH TALABISCO, MAYO ,12 he invalid clared to upon its 112. 013 RECORD OF COMMISSION VOTE: 1 ST READING MAYOR TALABISCO � DIST 1: COMM. BUSHN l DIST 2: V/M GOMEZ� .. DIST 3: COMM. GLAS,§ER DIST 4: COMM. DRESSLE RECORD OF COMMISSION 2ND READING MAYOR TALABISCO DIST 1: COMM. BUSHN LL DIST 2: COMM ATKINS - DIST 3: COMM. GLASSER_ DIST 4: V/M DRESSLEF OTE: