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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2015-006Temp. Ord. #2320 March 25, 2015 Page 1 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 CODING: Words in ��g# type are deletions from existing law; Words in underlined type are additions. . 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: CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2320 March 25, 2015 Page 3 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 CODING: Words in s�ike, thirel...10 type are deletions from existing law; Words in underlined type are additions. G Z Temp. Ord. #2320 March 25, 2015 Page 4 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 CODING: Words in type are deletions from existing law; Words in underlined type are additions. 1 Temp. Ord. #2320 March 25, 2015 Page 5 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 CODING: Words in stfil� type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2320 March 25, 2015 Page 6 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 CODING: Words in sfrkn thr-al 1 r % v m v % %.r %. @ , v *.# uo type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2320 March 25, 2015 Page 7 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. CODING: Words in type are deletions from existing law; Words in underlined type are additions. upon Temp. Ord. #2320 March 25, 2015 Page 8 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 CODING: Words in c+riLo +h�,,,,,,h type are deletions from existing law; Words in underlined type are additions.