HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-0041
Temp. Ord. No.#2376
March 28, 2018
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2018-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM
UNTIL AUGUST 19, 2018, ON THE ACCEPTANCE OF APPLICATIONS
FOR ADMINISTRATIVE REVIEW, LAND DEVELOPMENT PERMITS,
AND BUILDING PERMITS FOR THE USE OF LAND FOR NEW OR
EXPANDED PLACES OF WORSHIP, VENUES FOR ASSEMBLY,
AUDITORIUMS, AND SIMILAR USES; PROHIBITING THE ISSUANCE
OF ANY NEW BUSINESS TAX RECEIPTS CITYWIDE FOR ASSEMBLY
RELATED USES DURING THE MORATORIUM PERIOD; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and
Chapter 166 of the Florida Statutes, the City of Tamarac is authorized and required to
protect the public health, safety and welfare of its citizens, and has the power and
authority to enact regulations for valid governmental purposes that are not inconsistent
with general or special law; and
WHEREAS, the public health, safety and welfare is a legitimate public purpose
recognized by the courts of Florida, and
WHEREAS, the City's 2007 adopted Comprehensive Plan, Future Land Use
Element, Objective 1 requires the City to administer and adopt appropriate land
development code revisions, amending them as needed to respond to changing
conditions; and
WHEREAS, the City Commission finds that regulations governing the
development of places of worship, venues for assembly, auditoriums, and similar uses in
the City of Tamarac should be addressed as a result of the adoption of the 2014
Commercial Arterial Redevelopment Study ("Study"); and
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Temp. Ord. No.2376
March 28, 2018
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WHEREAS, the City Commission finds that the City's current Code of Ordinances
and Land Development Regulations contain outdated, unclear, or contradictory zoning
districts and language with respect to the placement and development of places of
worship, venues for assembly, auditoriums, and similar uses within the City; and
WHEREAS, the City Commission finds that the City's current Land Development
Regulations contains a table which indicates that places of worship are permitted in certain
business zoning districts, which are not consistent with zoning districts that otherwise allow
for the establishment of places of worship, venues of assembly, auditoriums, and other
similar uses, and
WHEREAS, the City Commission finds that it is necessary to study and research
the City's current Code of Ordinances and Land Development Regulations in order to
ensure consistent application towards development applications, and reasonable
interpretations with respect to land development applications submitted to the City for the
purpose of either establishing or expanding places of worship, venues of assembly,
auditoriums, and similar uses, while continuing to afford all due statutory and constitutional
protections for places of worship and similar uses, and
WHEREAS, at its March 14, 2018 meeting, the City Commission adopted
Resolution 2018-26, establishing Zoning in Progress with respect to new or expanded
places of worship, venues of assembly, auditorium and similar uses within the City of
Tamarac; and,
WHEREAS, the City requires time to study all issues associated with places of
worship, venues of assembly, auditoriums, and similar uses in all zoning districts, and to
recommend appropriate and legal revisions to the City's Comprehensive Plan and Land
Development Regulations; and,
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March 28, 2018
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WHEREAS, the City Commission finds that it is in the best interests of the citizens
of the City of TAMARAC to declare a moratorium on the acceptance of applications for
administrative review, land development permits, and building permits for the use of land
for new or expanded places of worship, venues of assembly, auditoriums, and similar uses
in the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a part of this Ordinance.
Section 2. The City Commission specifically declares that the foregoing
"WHEREAS" clauses shall be legislative findings of the City Commission of necessity
for the moratorium. In addition, the moratorium is necessary to enable the City to study
and review information relating to continuing development of new and expanded places
of worship, venues of assembly, auditorium, and similar uses, and to allow the City to
consider recommendations and revisions to the City's Comprehensive Plan and Land
Development Regulations relating to such uses.
Section 3. A temporary moratorium on the submission, processing and
acceptance of applications for administrative review, land development permits, and
building permits for the use of land for new or expanded places of worship, venues of
assembly, auditoriums, and similar uses within the City of Tamarac shall exist until
100221178.2 2704-0501640)
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March 28, 2018
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August 19, 2018, or sooner as provided herein, during which time the City Manager
shall study these uses and the outdated Code of Ordinances and Land Development
Regulations, and create a long-term strategy to ensure conformance with the 2014
Commercial Arterial Redevelopment Study, Comprehensive Plan, new Land
Development Regulations, and current trends associated with the development of such
uses within the City of Tamarac.
Section 4. This temporary moratorium shall not affect any business currently
operating within the City pursuant to a validly issued Business Tax Receipt.
Section 5. The moratorium shall expire upon the earlier of August 19, 2018 or
the effective date of an Ordinance, adopted by the City Commissioners to address
places of worship, venues for assembly, auditoriums and similar uses in the City of
Tamarac.
Section 6. Notwithstanding the time limit on the moratorium herein established, in
the event the City Commission finds that additional time is needed for staff to conclude
its review of the impacts associated with new or expanded places of worship, venues of
assembly, auditorium, and similar uses, then, upon further authorization and direction
by the City Commission, the term of this moratorium may be extended for an additional
one hundred and eighty (180) days.
Section 7. All Ordinances or parts of Ordinances and all Resolutions or parts
of Resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
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March 28, 2018
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Section 8. If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part or application shall be considered as eliminated and
so not affecting the validity of the remaining portions or applications remaining in full
force and effect.
Section 9. This Ordinance shall be effective upon its passage and adoption by
the City Commission of the City of Tamarac.
PASSED AND ADOPTED ON FIRST READING THIS day of 2018.
PASSED AND ADOPTED ON SECOND READING THIS °?day of2018.
BY:
A T: MAYb R ARRY DRESSLER
PATRICIA TEUFE MC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form-
AM
SUELI O
CITY AlORNEY
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
(0022117&2 2704-05016401