HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-006Temp. Ord. #2320
March 25, 2015
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2015 - 06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 24 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "ZONING" BY AMENDING
ARTICLE III, DIVISION 19 ENTITLED "BUSINESS AND
COMMERCIAL USES MASTER LIST" BY SPECIFICALLY
AMENDING SECTION 24-434 ENTITLED "PERMITTED USES
MASTER LIST", TO RE-ESTABLISH HOTELS AS A PERMITTED
USE IN THE B-2 COMMUNITY BUSINESS AND B-3 GENERAL
BUSINESS ZONING DISTRICTS IN CONFORMITY WITH THE
CITY OF TAMARAC COMPREHENSIVE PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (the "City") seeks to amend its regulations to re-
establish hotels as an enumerated use in the City's Permitted Uses Master List, and
specifically as a permitted use in the B-2 "Community Business," and B-3 "General
Business" Zoning Districts; and
WHEREAS, prior to July 13, 2005, a hotel use was enumerated in the City's
Permitted Uses Master List, and was a permitted use in the B-2 "Community Business,"
and B-3 "General Business" zoning districts; and
WHEREAS, on July 13, 2005, the City Commission adopted Ordinance 2005-13,
repealing the existing Business and Commercial Uses Master List which included the
hotel use, and established a new Business and Commercial Uses Master List which
inadvertently excluded hotels as a listed use; and
WHEREAS, the intent of the proposed amendment to the new Business and
Commercial Use Master List in 2005 was not to exclude hotels as a listed use; and
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Temp. Ord. #2320
March 25, 2015
Page 2
WHEREAS, Policy 1.2(a) of the Future Land Use Element of the City's
Comprehensive Plan allows hotels as a use in the corresponding Commercial Land Use
designation; and
WHEREAS, the City recognizes that the exclusion of hotels as an enumerated
use in the City's Business and Commercial Uses Master List, and specifically as a
permitted use in the B-2 and B-3 zoning districts under Section 24-434 of the City's
Code of Ordinances was done in error, and is not consistent with the allowed uses in
the corresponding Commercial Land Use designation of the City's Comprehensive Plan;
and
WHEREAS, the City Commission finds that correcting the error by amending the
code to re-establish hotels as an enumerated use in the Business and Commercial
Uses Master List and specifically permitted by right in the B-2 and B-3 zoning districts is
consistent with the goals, objectives and policies of the Comprehensive Plan of the City
of Tamarac; and
WHEREAS, the City Commission finds that the re-establishment of the hotel use
in the B-2 and B-3 zoning districts, serves a municipal and public purpose, and is in the
best interest of the health, safety, and welfare of the citizens and businesses of the City
of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
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Temp. Ord. #2320
March 25, 2015
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SECTION 1. The foregoing recitals 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, Article III, Division 19, Section 24-434 entitled
"Permitted uses master list" of the City of Tamarac Code of Ordinances is hereby
amended 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.
Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited
B-1
CATEGORY/USE Neighborhood
Business
Dwelling, single
family
Dwelling,
multifamily
Dwelling, two-
family
Rowhouse
Townhouse
Mobile home park
B-2
Community
Business
Residential
B-3
General
B-5
Limited
Business I Business
B_6 MXD
Business Mixed
Use
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G
Z
Temp. Ord. #2320
March 25, 2015
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Residence hall or � P P
dormitory
Community
residential home, P P P P P
type I (6 or less
residents)
Community
residential home, P P P P P
type II (7-14)
Assisted living
facility (1 or more P P P P P
residents)
Retail and commercial
Adult entertainment I 1 I SE
Antique shop j P P P j P j P P
Appliance and
electronics store, P P P
service and
installation
Auto repair, SE
general
Automobile
dealership SE
Auto rental, I I SE I SE
Auto service
station and minor
repairs SE SE
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Temp. Ord. #2320
March 25, 2015
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Auto tire sales and
installation
SE
SE
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
accessory store
P
P
P
P
P
P
Consignment shop
P
P
Convenience store
w/gas sales
SE
SE
Department store
P
P
P
Discount
department store
P
P
Drugstore or
P
P
P
P
P
P
pharmacy, general
Farm equipment
and sales
Feedstore
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March 25, 2015
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Floral or florist
P P P P P P
shop
Fruit and vegetable
P P P P
market I I I I I I
Gift and card shop j P j P I P j P I P I P
Grocery store,
retail P P P P P P
Hardware, paint,
glass, wallpaper
P p P P
and floor covering
store
Hobby, fabric, and P p P P
craft shop 1 11 1 1 1
Hotels P P
Jewelry store
including repair of P P P
jewelry and clocks
Landscape,
nursery, and SE P
garden supplies
Lawn mower sales P P P
and repair
Lumber yard and
building materials
Machinery, tools,
and construction
equipment sales
and service
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r % v m v % %.r %. @ , v *.# uo type are deletions from existing law;
Words in underlined type are additions.
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March 25, 2015
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SECTION 3. Codification. It is the intention of the City Commission of the City of
Tamarac 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, re lettered and the word "Ordinance" may be ching ed -to
"Section", "Article" or such other word or phrase in order to accomplish such intention:
SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date. This Ordinance shall become effective
adoption.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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upon
Temp. Ord. #2320
March 25, 2015
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PASSED, FIRST READING this 9day of 604a 12015.
1
PASSED, SECOND READING this o7i;� day of , 20 5.
l�11 T l.'I.CIRN
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
�i'SAMUEL S. GOREN
CITY ATTORNEY
BY:
R HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: V/M BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
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Words in underlined type are additions.