HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-009Temp Ord. No. 2381
June 4, 2018
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2018 - 01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, REPEALING
CHAPTERS 10, 11, 18, 21, AND 24 OF THE CITY OF
TAMARAC'S LAND DEVELOPMENT AND ZONING
REGULATIONS , AS CONTAINED IN THE CITY OF
TAMARAC'S CODE OF ORDINANCES; ADOPTING A
NEW LAND DEVELOPMENT CODE FOR THE CITY OF
TAMARAC ATTACHED HERETO AS EXHIBIT "A",
ADOPTING A ZONING MAP FOR THE CITY OF
TAMARAC ATTACHED HERETO AS EXHIBIT "B",
ADOPTING PHYSICAL AND DIGITAL VERSIONS OF
THE LAND DEVELOPMENT CODE AND MAP;
PROVIDING FOR THE REPEAL OF ALL OTHER CODE
PROVISIONS AND ORDINANCES INCONSISTENT
WITH THIS ORDINANCE; PROVIDING FOR
TRANSITION FROM EXISTING LAND DEVELOPMENT
REGULATIONS PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AS A STAND-ALONE CODE; AND,
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution; Chapter 166
Florida Statues (Municipal Home Rules Powers Act); Section 163.3161 Florida Statutes
(Community Planning Act) and the Charter of the City empower and require the City to
establish a land development code and provide for its administration, enforcement and
amendment; and
WHEREAS, the City of Tamarac Planning Board, City Commission, City Staff and
Land Development Code Advisory Group, have reviewed, revised and recommended
the attached land development code at numerous properly advertised public meetings
and hearings at which lengthy public comments and discussion were held and on July
3, 2018, the Planning Board recommended approval; and
100234980.1 2704-0501640)
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June 13, 2018
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WHEREAS, the City Commission of the City of Tamarac has considered the
adoption of the proposed Land Development Code at properly advertised public
hearings held on June 27, 2018 and July 11, 2018 and;
WHEREAS, the City Commission finds that the adoption, administration and
enforcement of the Land Development Code serves to implement the adopted
Comprehensive Plan and the Elements thereof; and
WHEREAS, the Director of Community Development has reviewed the item and
determines that the approval of the Land Development Code attached hereto as Exhibit
"A" and Zoning Map attached hereto as Exhibit "B" are consistent with the goals,
objectives and policies of the City of Tamarac Comprehensive Plan as amended; and
WHEREAS, the City Commission desires to approve and adopt the Land
Development Code and Zoning Map and repeal any inconsistent provisions of the City
Code and Map.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE
CITY OF TAMARAC, FLORIDA-
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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. All exhibits attached hereto and referenced herein are hereby incorporated
by this reference.
SECTION 2: The following Chapters of the City of Tamarac Land Development
Regulations and Zoning Code, as contained within the City of Tamarac's Code of
Ordinances, are hereby repealed in their entirety-
(1) Chapter 10 Land Development Regulations
(2) Chapter 11 Landscaping
(3) Chapter 18 Signs and Advertising
(4) Chapter 21 Subdivision
(5) Chapter 24 Zoning
SECTION 3: From and after the effective date of this ordinance, the Land
Development Code of the City of Tamarac, Florida (hereinafter referred to as the "LDC")
is hereby enacted and adopted as set forth in both the physical and digital forms of the
document which are attached hereto as Exhibit "A", and incorporated herein by
reference, each being entitled the "Land Development Code — City of Tamarac Florida,
dated July 11, 2018," including all tables, maps, charts, lists and similar components
included therein.
SECTION 4: From and after the effective date of this Ordinance, the map
establishing the geographic boundaries of the Zoning Districts of the City of Tamarac,
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June 13, 2018
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Florida, as defined in the LDC (hereinafter referred to as the "Zoning Map") is hereby
enacted and adopted as set forth in both the physical and digital forms, which are
attached hereto as Exhibit "B", and incorporated herein by reference, each being
entitled "The Official Zoning Map of the City of Tamarac," and which upon adoption shall
further be identified by the signature of the Mayor, attested by the City Clerk.
SECTION 5: Transition.
(1) Any use of land, structure, or other condition which, on the effective date
of this Ordinance, violated any provision of the Land Development Regulations, Zoning
or Code of Ordinances of the City of Tamarac, and which is a violation of a provision of
the LDC adopted by this Ordinance, shall continue to be deemed a violation of the law
existing on the effective date of this Ordinance as well as a violation as provided in the
LDC, and shall not be deemed grandfathered unless such use, structure, or other
condition is expressly grandfathered by the LDC.
(2) Any use of land, structure, or other condition which, on the effective date
of this Ordinance, violated any provision of the Land Development Regulations, Zoning
or Code of Ordinances of the City of Tamarac, Florida, repealed by this Ordinance, but
which is not in violation of the LDC shall be deemed conforming with the LDC.
(3) Notwithstanding the generality of Subsection (2) of this section, nothing
herein shall be deemed to impair or affect any order of the City of Tamarac's Code
Enforcement Hearing Officer, or of any court, entered prior to the effective date of this
Ordinance.
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(4) Any use of land, structure, or other condition which was lawful before the
effective date of this Ordinance, but which is rendered nonconforming or grandfathered
by the adoption of this Ordinance shall be governed by the provisions of the LDC
applicable to nonconforming and grandfathered uses as defined in the LDC.
(5) Land development applications which are submitted to the City and
determined to be complete prior to 12.01 P.M. on Wednesday, July 11, 2018, shall be
reviewed under, and the associated development shall be governed by the regulations
in effect prior to the adoption of this Ordinance unless the applicant chooses to have all,
but not less than all, of the application and associated project reviewed under and
governed by the LDC.
(6) Rights which are vested, valid and enforceable on the effective date of this
Ordinance and which were acquired under a lawful development order, or under a
lawful development agreement pursuant to the Florida Local Government Development
Agreement Act (Section 163.3221, Florida Statues) shall not be affected by the adoption
of this Ordinance and the LDC.
(7) For purposes of construing these transition rules, the phrase "on the effective
date of this Ordinance" means immediately before the date this Ordinance became
effective.
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June 13, 2018
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SECTION 6: SEVERABILITY If any portion of the City's Land Development
Code or this Ordinance or the application thereof to any person or circumstance is held
invalid, unconstitutional or unenforceable, 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 the provisions of this Ordinance are declared to be
severable.
SECTION 7: CONFLICT All ordinances or parts of ordinances, or resolutions of
the City Commission, in conflict with this Ordinance, the LDC, and the Zoning Map are
hereby repealed to the extent such conflict, and are superseded and replaced in their
entirety by this Ordinance.
SECTION 8: The appropriate officers and agents of the City are authorized and
directed to codify, include and publish the provisions of this Ordinance, the LDC, and
the Zoning Map as an independent, free-standing Code. Section numbers may be
assigned and changed whenever necessary or convenient, and staff is directed to
promptly furnish a digital or physical copy of the LDC to the Florida Department of
Economic Opportunity.
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June 13, 2018
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SECTION 9: EFFECTIVE DATE This Ordinance shall become effective
immediately upon adoption.
PASSED, FIRST READING this
PASSED, SECOND READING this
ATTEST:
PATRICIA TEUFEP,
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form
UEL S. OOREN
6` CITY ATTORNEY
i day of 2018.
1/ day of01(114
'2018.
i
AR DRESSLER,
MAYOR
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 LIA4_
DIST 1:
COMM. BOLTON
DIST 2:
V/M GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4
COMM. PLACKO