HomeMy WebLinkAboutNew Land-Development-Code-071218.pdf
TAMARAC, FLORIDA
LAND DEVELOPMENT CODE
Effective July 12, 2018
No Text
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 i
Chapter 10: Land Development Code
Table of Contents
Article 1. General Provisions ..................................................................................... 1
10-1.1 Title ............................................................................................................................................................ 1
10-1.2 Effective Date .......................................................................................................................................... 1
10-1.3 Authority .................................................................................................................................................. 1
10-1.4 Purpose.................................................................................................................................................... 1
10-1.5 Applicability and Jurisdiction .............................................................................................................. 2
(A) General Applicability ................................................................................................................................ 2
(B) Application to Governmental Agencies .............................................................................................. 2
10-1.6 Code Compliance and Plan Consistency Required .......................................................................... 2
(A) Code Compliance ...................................................................................................................................... 2
(B) Plan Consistency ....................................................................................................................................... 2
10-1.7 Relationship to Other Regulations ...................................................................................................... 3
(A) Conflicts with Other Government Regulations ................................................................................. 3
(B) Conflicts with Private Agreements ...................................................................................................... 3
10-1.8 Transitional Provisions ......................................................................................................................... 3
(A) Prior Violations .......................................................................................................................................... 3
(B) Prior Nonconformities ............................................................................................................................. 3
(C) Development Approvals ......................................................................................................................... 3
(D) Pending Applications ............................................................................................................................... 4
10-1.9 Nonconformities ....................................................................................................................................4
(A) General ........................................................................................................................................................ 4
(B) Nonconforming Uses ............................................................................................................................... 4
(C) Nonconforming Signs .............................................................................................................................. 6
(D) Nonconforming Structures .................................................................................................................... 6
(E) Nonconforming Site Features ............................................................................................................... 7
10-1.10 Severability ............................................................................................................................................8
Article 2. Zoning Districts ......................................................................................... 9
10-2.1 General Provisions ................................................................................................................................ 9
(A) Zoning Districts Established .................................................................................................................. 9
(B) Official Zoning Map .................................................................................................................................. 10
(C) Zoning of Annexed Lands ....................................................................................................................... 10
10-2.2 Residential Districts ............................................................................................................................ 11
(A) General Purposes of All Residential Districts................................................................................... 11
(B) Residential Districts Established ......................................................................................................... 11
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 ii
(C) Residential Districts Dimensional Standards .................................................................................. 12
10-2.3 Mixed-Use and Nonresidential Districts ........................................................................................ 13
(A) General Purposes of Mixed-Use and Nonresidential Districts ................................................... 13
(B) Mixed-Use Districts and Nonresidential Established .................................................................... 14
(C) Mixed-Use and Nonresidential Districts Dimensional Standards ............................................. 15
10-2.4 Special Purpose Districts .................................................................................................................. 15
(A) Special Purpose Districts Established ............................................................................................... 15
(B) Special Purpose Districts Dimensional Standards ........................................................................ 16
10-2.5 Planned Development District .......................................................................................................... 17
(A) Purpose, Applicability and Creation of PD District .......................................................................... 17
(B) General Standards for the Planned Development District ........................................................... 18
10-2.6 Measurements and Exceptions ........................................................................................................ 22
(A) Density ....................................................................................................................................................... 22
(B) Lot Standards ........................................................................................................................................... 22
(C) Setbacks, Minimum ................................................................................................................................ 23
(D) Building Standards ................................................................................................................................. 26
10-2.7 Overlay Zoning Districts ..................................................................................................................... 26
(A) General Purpose of Overlay Districts ................................................................................................ 26
(B) Establishment of Districts .................................................................................................................... 27
(C) Woodlands Overlay District .................................................................................................................. 27
Article 3. Use Regulations ...................................................................................... 31
10-3.1 Purpose and Organization of this Article ......................................................................................... 31
10-3.2 Table of Allowed Uses ........................................................................................................................ 31
(A) Table Abbreviations................................................................................................................................. 31
(B) Use Categorization ................................................................................................................................. 32
(C) Use-Specific Standards ........................................................................................................................ 32
(D) Use for Other Purposes Prohibited .................................................................................................... 32
(E) Classification of New and Unlisted Uses .......................................................................................... 32
(F) Multiple Principal Uses.......................................................................................................................... 33
(G) Licenses and Permits Required .......................................................................................................... 33
(H) Table of Allowed Uses ............................................................................................................................ 33
10-3.3 Use-Specific Standards ..................................................................................................................... 41
(A) General - All Uses .................................................................................................................................... 41
(B) Residential Uses ..................................................................................................................................... 48
(C) Public, Institutional, and Civic Uses ................................................................................................... 49
(D) Commercial Uses .................................................................................................................................... 53
(E) Industrial Uses......................................................................................................................................... 64
(F) Wireless Communication Facilities ................................................................................................... 66
10-3.4 Accessory Uses and Structures ....................................................................................................... 92
(A) Purpose ..................................................................................................................................................... 92
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 iii
(B) Accessory Uses and Structures Allowed ......................................................................................... 92
(C) General Standards ................................................................................................................................. 92
(D) Additional Standards for Specific Accessory Uses ....................................................................... 93
10-3.5 Temporary Uses and Structures .................................................................................................... 105
(A) Purpose ................................................................................................................................................... 105
(B) Temporary Uses and Structures Allowed ...................................................................................... 105
(C) Approval Process; Temporary Use/Structure Permits .............................................................. 105
(D) General Standards for All Temporary Uses ................................................................................... 105
(E) Additional Standards for Specific Temporary Uses ......................................................................106
(F) General Standards for All Temporary Structures ......................................................................... 110
(G) Additional Standards for Specific Temporary Structures ........................................................... 111
Article 4. Development and Design Standards ........................................................ 115
10-4.1 General Provisions ............................................................................................................................. 115
(A) Purpose .................................................................................................................................................... 115
(B) Applicability ............................................................................................................................................. 115
10-4.2 Transportation and Connectivity ..................................................................................................... 115
(A) Purpose .................................................................................................................................................... 115
(B) Streets and Vehicular Circulation ..................................................................................................... 116
(C) Pedestrian Circulation ..........................................................................................................................120
10-4.3 Off-Street Parking and Loading ...................................................................................................... 121
(A) Purpose .................................................................................................................................................... 121
(B) Applicability ............................................................................................................................................. 121
(C) General Standards for Off-Street Parking and Loading Areas ................................................. 121
(D) Off-Street Parking Requirements .................................................................................................... 124
(E) Dimensional Standards for Parking Spaces and Aisles .............................................................. 131
(F) Off-Street Parking Alternatives......................................................................................................... 132
(G) Bicycle Parking Facilities .................................................................................................................... 138
(H) Loading Area Requirements .............................................................................................................. 138
(I) Drive-Through Vehicle Stacking Standards ................................................................................... 139
10-4.4 Landscaping and Tree Preservation .............................................................................................. 141
(A) Purpose .................................................................................................................................................... 141
(B) Landscape Plan Required ................................................................................................................... 142
(C) General Requirements for All Landscaping .................................................................................. 142
(D) Minimum Landscaping Requirements ............................................................................................ 148
(E) Screening ................................................................................................................................................. 156
(F) Street Trees ............................................................................................................................................. 156
(G) Historic or Specimen Trees ................................................................................................................. 157
(H) Landscape Maintenance ..................................................................................................................... 158
(I) Tree Preservation .................................................................................................................................. 162
(J) Approved Palm and Tree Lists ............................................................................................................ 165
10-4.5 Environmental Protection and Infrastructure............................................................................. 168
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 iv
(A) Purpose ................................................................................................................................................... 168
(B) General Standards and Criteria ........................................................................................................ 168
(C) Floodplain Management ...................................................................................................................... 169
(D) Drainage ................................................................................................................................................... 169
(E) Stormwater Management ................................................................................................................... 172
(F) Potable Water ......................................................................................................................................... 173
(G) Wastewater Treatment and Disposal ............................................................................................... 175
(H) Solid Waste .............................................................................................................................................. 177
(I) Utility Lines Location.............................................................................................................................178
10-4.6 Multi-family Residential Site and Building Design...................................................................... 179
(A) Purpose .................................................................................................................................................... 179
(B) Applicability ............................................................................................................................................. 179
(C) Building and Parking Location, Layout, and Orientation............................................................. 180
(D) Parking ..................................................................................................................................................... 180
(E) Building Mass and Articulation .......................................................................................................... 181
(F) Roof Form................................................................................................................................................. 181
(G) Façades and Detail Elements ............................................................................................................. 181
(H) Colors ....................................................................................................................................................... 182
(I) Entrances and Porches ....................................................................................................................... 182
(J) Accessory Elements ............................................................................................................................ 182
(K) Garages ................................................................................................................................................... 183
10-4.7 Mixed-Use and Nonresidential Site and Building Design .......................................................... 183
(A) Purpose ................................................................................................................................................... 183
(B) Applicability ............................................................................................................................................ 184
(C) General Site Layout Standards ......................................................................................................... 184
(D) General Building Design Standards ..................................................................................................187
(E) Supplemental Standards: Mixed-Use Districts ............................................................................. 192
(F) Supplemental Standards: Business Park District ........................................................................ 193
10-4.8 Fences, Walls, and Hedges .............................................................................................................. 194
(A) Purpose ................................................................................................................................................... 194
(B) General Standards ............................................................................................................................... 194
10-4.9 Exterior Lighting................................................................................................................................ 197
(A) Purpose .................................................................................................................................................... 197
(B) Applicability ............................................................................................................................................. 197
(C) General Requirements ......................................................................................................................... 199
(D) Residential Lighting Standards ......................................................................................................... 202
(E) Nonresidential and Mixed-Use Lighting Standards .................................................................... 203
(F) Street Lighting ...................................................................................................................................... 204
(G) Vehicular Use Area Lighting .............................................................................................................. 205
(H) Prohibited Lights ................................................................................................................................... 206
(I) Outdoor Recreational Facilities ........................................................................................................ 206
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 v
10-4.10 Signs ................................................................................................................................................. 207
(A) Purpose ................................................................................................................................................... 207
(B) Sign Permits ........................................................................................................................................... 207
(C) Comprehensive Sign Plan (CSP) ...................................................................................................... 208
(D) General Sign Requirements .............................................................................................................. 208
(E) Design Criteria ........................................................................................................................................215
(F) Construction and Location ................................................................................................................. 218
(G) Maintenance ............................................................................................................................................ 219
(H) Temporary Signs ................................................................................................................................... 220
(I) Sign Variances ....................................................................................................................................... 222
(J) Violations and Penalties ...................................................................................................................... 222
(K) Enforcement........................................................................................................................................... 222
(L) Prohibited Signs .................................................................................................................................... 222
(M) Nonconforming Signs .......................................................................................................................... 224
(N) Dilapidated and Abandoned Signs .................................................................................................... 224
10-4.11 Subdivision Design and Development Standards ..................................................................... 225
(A) Purpose ................................................................................................................................................... 225
(B) General Standards ............................................................................................................................... 225
(C) Streets and Alleys ................................................................................................................................. 226
(D) Waterways ............................................................................................................................................... 231
Article 5. Administration ...................................................................................... 232
10-5.1 Purpose and Organization ............................................................................................................... 232
10-5.2 Summary Table of Development Review Procedures............................................................... 232
10-5.3 Common Review Procedures ........................................................................................................ 234
(A) Purpose ................................................................................................................................................... 234
(B) Pre-Application Staff Conference .................................................................................................... 234
(C) Pre-Application Neighborhood Meeting......................................................................................... 235
(D) Application Submittal, Acceptance, Revisions, and Withdrawal .............................................. 237
(E) Staff Review and Action ....................................................................................................................... 239
(F) Scheduling and Notice of Public Hearings ..................................................................................... 241
(G) Planning Board Review and Action ..................................................................................................245
(H) City Commission Review and Decision ........................................................................................... 246
(I) Public Hearing Procedures ................................................................................................................ 247
(J) Post-Decision Actions and Limitations .......................................................................................... 250
10-5.4 Application-Specific Review Procedures ................................................................................... 252
(A) General .................................................................................................................................................... 252
(B) Comprehensive Plan Amendment ................................................................................................... 252
(C) Establishment of Use ........................................................................................................................... 255
(D) Amendment to Text of Development Code ..................................................................................... 257
(E) Rezoning to Planned Development District ................................................................................... 259
(F) Rezoning .................................................................................................................................................. 262
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 vi
(G) Special Exception .................................................................................................................................. 264
(H) Site Plan Approval ................................................................................................................................ 268
(I) Improvement Permit ............................................................................................................................ 273
(J) Plat Approval .......................................................................................................................................... 275
(K) Temporary Use/Structure Permit .................................................................................................... 279
(L) Sign Permit ............................................................................................................................................ 280
(M) Tree Removal License ......................................................................................................................... 281
(N) Building Permit ...................................................................................................................................... 282
(O) Certificate of Occupancy ..................................................................................................................... 282
(P) Administrative Adjustment ................................................................................................................ 282
(Q) Variance................................................................................................................................................... 286
(R) Administrative Appeal ......................................................................................................................... 289
(S) Flex and Redevelopment Units and Acreage .................................................................................. 291
(T) Newsrack Certificate of Compliance ............................................................................................... 294
(U) Zoning in Progress Determination ................................................................................................... 295
10-5.5 Enforcement ..................................................................................................................................... 298
(A) General .................................................................................................................................................... 298
(B) Violations and Responsible Persons ............................................................................................... 298
(C) Enforcement Responsibility and Procedures ............................................................................... 299
(D) Remedies and Penalties..................................................................................................................... 300
10-5.6 Review Authorities ............................................................................................................................ 301
(A) City Staff .................................................................................................................................................. 302
(B) Planning Board ...................................................................................................................................... 306
(C) City Commission ................................................................................................................................... 309
(D) City Engineer .......................................................................................................................................... 310
Article 6. Rules of Construction and Definitions ..................................................... 311
10-6.1 Rules of Construction ......................................................................................................................... 311
(A) Meanings and Intent .............................................................................................................................. 311
(B) Headings, Illustrations, and Text ....................................................................................................... 311
(C) Lists and Examples ............................................................................................................................... 311
(D) Computation of Time ............................................................................................................................. 311
(E) References to Other Regulations/Publications ............................................................................. 311
(F) Delegation of Authority ......................................................................................................................... 311
(G) Technical and Non-Technical Terms ................................................................................................ 311
(H) Public Officials and Agencies .............................................................................................................. 311
(I) Mandatory and Discretionary Terms ................................................................................................ 312
(J) Conjunctions ........................................................................................................................................... 312
(K) Tenses, Plurals, and Gender ............................................................................................................... 312
10-6.2 Use Categories and Use Types Defined ......................................................................................... 312
(A) Residential Uses .................................................................................................................................... 312
(B) Public, Institutional, and Civic Uses ................................................................................................. 314
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 vii
(C) Commercial Uses .................................................................................................................................. 318
(D) Industrial Uses....................................................................................................................................... 326
(E) Accessory Uses ..................................................................................................................................... 330
(F) Temporary Uses .................................................................................................................................... 332
10-6.3 Other Terms Defined ........................................................................................................................ 334
(A) Sign Definitions...................................................................................................................................... 355
No Text
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 1
ARTICLE 1. GENERAL PROVISIONS
10-1.1 Title
This document is Chapter 10 of the Tamarac City Code. It shall be officially known as the Land
Development Code of the City of Tamarac, Florida, and is referred to throughout this document as
“this Land Development Code” or “this Code” or the “LDC.”
10-1.2 Effective Date
This Code shall be effective on July 12, 2018.
10-1.3 Authority
This Code is enacted pursuant to authority granted by the Charter of the City of Tamarac and the
laws of the State of Florida—including, but not limited to: Article VIII, Section 2(b) of the Florida
Constitution; Chapter 166 of the Florida Statutes (Municipal Home Rules Powers Act); and
§166.3161 et seq. of the Florida Statutes (Community Planning Act).
10-1.4 Purpose
The general purpose of this Code is to guide and manage the development of Tamarac in a way that
takes into account present and future needs and resources while promoting the health, safety,
prosperity, and general welfare of the City’s citizens and property owners. The Code is also
intended to implement the goals, objectives, and policies of the City of Tamarac Comprehensive
Plan. More specifically, this Code is intended to:
(A) Encourage the most appropriate use of land, water, and resources;
(B) Preserve and enhance present advantages and overcome present handicaps that exist in the
City;
(C) Deal effectively with future problems that may result from the use and development of land;
(D) Facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing, and other requirements and services;
(E) Promote orderly growth and development;
(F) Conserve and protect natural and historic resources;
(G) Protect and enhance air quality and the quality of surface and ground waters, protect areas
subject to flooding, and address flooding problems;
(H) Maintain and protect the character and stability of the community and its established
neighborhoods;
(I) Encourage a variety of housing opportunities in varying price ranges;
(J) Encourage compact, mixed-use, pedestrian-oriented, and transit-oriented development;
(K) Establish an overall sense of place for the City and its activity centers;
(L) Promote quality development that reflects the highest standards of urban development and
community aesthetics;
Article 1 General Provisions
10-1.5 Applicability and Jurisdiction
10-1.5(A) General Applicability
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 2
(M) Promote sustainable development and reduce greenhouse gas emissions by encouraging
less auto-dependent development patterns, renewable energy use, energy conservation,
water conservation, vegetation, urban agriculture, recycling and waste reduction, and
hazard-resilient development; and
(N) Establish comprehensive, consistent, effective, efficient, and equitable standards and
procedures for the review and approval of land development that recognize and respect the
rights of landowners and consider the interests of the City’s citizens.
10-1.5 Applicability and Jurisdiction
(A) General Applicability
This Code shall apply to the development of all land located within the corporate boundaries of the
City of Tamarac.
(B) Application to Governmental Agencies
To the extent allowed by law, this Code shall apply to development by the City, and any county,
state, or federal government agencies, as well as development on land owned or otherwise
controlled by such agencies. Where this Code does not legally control such development, such
agencies are encouraged to meet the provisions of this Code.
10-1.6 Code Compliance and Plan Consistency Required
(A) Code Compliance
(1) General
Except as otherwise provided in subsection (2) below or as approved through an established
process, no development shall occur without full compliance with the provisions of this Code
and all other applicable City, county, state, and federal regulations.
(2) Emergency Exemption
Consistent with F.S. §166.041(3)(b), the City Commission may, by resolution and without any
otherwise required prior notice or public hearing, authorize City agencies or departments to
deviate from the provisions of this Code during an emergency when the need to act quickly to
secure the public health, safety, or welfare makes it impossible to submit to the normal
procedures and requirements of this Code.
(B) Plan Consistency
(1) Development Consistency
No development permit, proposal, or plan that is inconsistent with the adopted
Comprehensive Plan may be issued by the City. Applications for development permits,
proposals, or plans that are inconsistent with the adopted Comprehensive Plan will be
rejected by the City.
Article 1 General Provisions
10-1.7 Relationship to Other Regulations
10-1.7(A) Conflicts with Other Government Regulations
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 3
(2) Code/Plan Consistency
To the extent this Code is or becomes inconsistent with the Comprehensive Plan, this Code or
the Comprehensive Plan shall be amended so they remain consistent with one another. All
amendments to this Code shall be consistent with the Comprehensive Plan.
10-1.7 Relationship to Other Regulations
(A) Conflicts with Other Government Regulations
If provisions of this Code are inconsistent with one another, or with provisions of other adopted
codes or ordinances of the City, or with provisions of applicable county, state, and federal laws,
the more restrictive provision shall govern to the extent permitted by law unless the terms of the
more restrictive provision specify otherwise. The more restrictive provision is the one that
imposes greater restrictions, or more stringent controls.
(B) Conflicts with Private Agreements
Nothing in this Code is intended to supersede, annul, or interfere with any easement, covenant, or
other agreement between private parties, but such private agreements shall not excuse any
failure to comply with this Code. The City shall not be responsible for enforcing private
agreements.
10-1.8 Transitional Provisions
The following sections pertain to the relationship of this Code to the prior City development
regulations replaced by this Code.
(A) Prior Violations
To the extent a development or activity in violation of the prior development regulations fully
complies with this Code, it shall no longer be deemed a violation. Otherwise, it shall continue to be
deemed a violation under this Code and subject to the provisions of §10-5.5, Enforcement.
(B) Prior Nonconformities
To the extent a legal nonconformity under the prior regulations becomes conforming under this
Code, it shall no longer be deemed nonconforming. Otherwise, it shall continue to be deemed a
legal nonconformity and subject to the provisions of §10-1.9, Nonconformities.
(C) Development Approvals
Any development approved under the prior regulations may be established or carried out under
the terms and conditions of the approval and the development standards in effect at the time of
approval, provided the approval has not expired and otherwise remains valid, and the approved
development complies with the standards of this Code regarding ongoing operations and
maintenance activities (such as standards regulating the use of parking spaces or the
maintenance of required landscape vegetation). If the prior approval expires, is revoked, or
otherwise becomes invalid, any subsequent development of the site shall be subject to the
procedures and standards of this Code.
Article 1 General Provisions
10-1.9 Nonconformities
10-1.8(D) Pending Applications
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 4
(D) Pending Applications
A development application accepted as complete under the prior regulations, but still pending a
final decision as of the effective date of this Code (see §10-1.2, Effective Date), shall be reviewed
and decided, at the applicant’s option as stated in writing, wholly under the development
regulations in effect when the application was accepted, or wholly under this Code (but not under
a mix of provisions from both sets of regulations).
10-1.9 Nonconformities
(A) General
(1) Purpose and Scope
(a) “Nonconformities” are lots, uses of land, structures, signs, exterior lighting, and other
site features that lawfully existed before the effective date of this Code, or a subsequent
amendment to this Code, but that do not conform to the standards and requirements of
this Code or subsequent amendment.
(b) The purpose of this Section is to regulate nonconformities in a way that recognizes both
the interests of property owners in continuing productive use and enjoyment of existing
nonconforming development and the public interest in eventually eliminating
development that does not conform to this Code. The provisions in this Section,
therefore, generally allow nonconformities to continue to exist as is, but tie the
reestablishment, reconstruction, expansion, or other substantial alteration of
nonconformities, or development containing nonconformities, to reasonably practicable
actions that make the nonconformities conforming or reduce the number or extent of
nonconformities.
(2) Determination of Nonconformity Status
In all cases, the burden of establishing that a nonconformity lawfully exists shall rest solely
on the owner of property containing the nonconformity, not the City.
(3) Violation of Law Not Allowed
Nothing in this Section shall be construed as allowing a lot, use, structure, or feature that is in
violation of any law.
(B) Nonconforming Uses
(1) Continuation
A nonconforming use may continue to exist even though it does not conform to current
applicable use standards of this Code, subject to the provisions in this Section.
(2) Expansion
Expansion of a use not allowed in the zoning district in which it is located shall not be
permitted. However, a nonconforming use may be extended throughout any parts of a
structure that were specifically designed and arranged for such use when it became
nonconforming.
Article 1 General Provisions
10-1.9 Nonconformities
10-1.9(B) Nonconforming Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 5
(3) Change in Use
(a) Any change of a nonconforming use, except as incidental to a change of a nonconforming
use allowed under subsection(c) below, shall be to a conforming use.
(b) In any residential district, a nonconforming use may be changed only to a use permitted
in the district.
(c) In a nonresidential district, a nonconforming use may be changed to a use permitted in
the district, or approved with a Special Exception under §10-5.4(G), Special Exception, to
another nonconforming use that is permitted in a more restricted district—provided that
the City Commission additionally finds that the new use will be less detrimental to the
surrounding neighborhood than the old use and allowing it is in accordance with the
spirit and purpose this Section.
(d) A change in the ownership or management of a nonconforming use shall not be
construed as a change in use provided there is no change in the nature of the use itself.
(4) Abandonment of Use
If a nonconforming use of land ceases for more than 60 consecutive days, the nonconforming
use may not be re-established except as permitted under §10-5.4(C), Establishment of Use.
(5) Structures Used for a Nonconforming Use
(a) Except as otherwise provided in subsection (b) below, no structure used for a
nonconforming use may be enlarged, extended, reconstructed, or structurally altered
unless the nonconforming use is changed to a use permitted by this Code.
(b) A structure used for a nonconforming use may be maintained, repaired, or improved
provided:
(i) The maintenance, repairs, or improvements do not increase the cubic volume of the
structure, the floor area devoted to the nonconforming use, or the number of
dwelling units; and
(ii) The cumulative costs of maintenance, repairs, or improvements within any 12-
month period do not exceed 25 percent of the current assessed value of the
structure.
(c) If a structure containing a nonconforming use is damaged by fire, flood, explosion,
collapse, wind, war, or other catastrophe to such an extent that the cost of restoring the
structure to its before-damaged condition would exceed 50 percent of the structure’s
replacement cost, as determined by the Chief Building Official, the structure shall not be
repaired, reconstructed, or used except in full conformity with this Code.
(d) Nothing in this Section shall prevent compliance with applicable laws or resolutions
relative to the safety and sanitation of structures used for a nonconforming use.
(6) Illegal Use Not a Nonconforming Use
The illegal establishment of use shall not be sufficient to allow the existence of a
nonconforming use or to create any rights in the continuance of such a use as allowed by
subsection (1).
Article 1 General Provisions
10-1.9 Nonconformities
10-1.9(C) Nonconforming Signs
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 6
(C) Nonconforming Signs
(1) A nonconforming sign may continue to exist even though it does not conform to current
applicable sign standards of this Code, subject to the provisions in this Section.
(2) A nonconforming sign may be maintained and repaired, but shall not be structurally or
mechanically enlarged or extended in any manner that increases its nonconformity.
(3) If the copy or name of an enterprise or business advertised on a nonconforming sign is
changed, the sign shall be brought into conformance with this Code before issuance of a local
business license for the new business or enterprise, except that individual tenant panels in a
nonconforming multiple tenant monument sign may be changed without bringing the sign
into conformance with this Code.
(4) If a nonconforming sign is damaged to such an extent that the cost of restoring the sign to its
before-damaged condition would be 50 percent or more of its value as identified on the
building permit application used to construct the sign, the sign shall not be repaired or
reconstructed except in full conformity with this Code.
(D) Nonconforming Structures
(1) Continuation
Where a legal structure exists on or before the effective date of this Code, that could not be
built under the provisions of this Code by reason of restrictions on area, lot coverage, height,
setbacks, or other characteristics of the structure or its location on the property, such
structure may be continued so long as it remains otherwise lawful subject to the provisions
of this subsection (D).
(2) Alteration, Repairs or Replacement
(a) External Expansion
An expansion of a nonconforming structure may be allowed only if the expansion can be
accomplished in compliance with all applicable regulations of this Code, including, but
not limited to, setback, lot coverage, height, and site development standards. No
expansion may increase the level of nonconformity.
(b) Movement of Nonconforming Structure
Should a nonconforming structure be moved for any reason for any distance, it shall
thereafter conform to the regulations for the zoning district(s) in which it is located after
it is moved.
(c) Interior Remodeling and Alteration
Interior remodeling or alteration within a nonconforming structure is allowed, provided
that such alteration does not create any nonconforming use or situations nor increase
the intensity of the nonconformance per subsection (a) above, and all applicable
regulations of this Article and Code are met.
Article 1 General Provisions
10-1.9 Nonconformities
10-1.9(E) Nonconforming Site Features
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 7
(d) Building Code
All modifications made to a nonconforming structure shall be made in accordance with
the provisions of this Code and all other applicable building codes and ordinances of the
City.
(e) Nonconforming Accessory Structures
A nonconforming accessory structure shall not be converted into a primary use in any
zoning district unless and until a variance is approved for the nonconforming structure.
(3) Damage or Destruction
(a) If a nonconforming structure is damaged or destroyed by any means to an extent greater
than 50 percent of its replacement cost at the time of damage or destruction, as
determined by the Chief Building Official, then such structure shall not be reestablished
unless it conforms to the requirements of this Code and all applicable building codes.
(b) Where a nonconforming structure is damaged by 50 percent or less of its replacement
cost at the time of damage, as determined by the Chief Building Official, it may be
repaired or restored, provided any such repair or restoration is started within 180 days
and is completed within 18 months from the date of partial destruction.
(E) Nonconforming Site Features
(1) Applicability
(a) For purposes of this §10-1.9, Nonconformities, the term “nonconforming site feature”
includes any impervious area, off-street parking or loading area, landscaping, exterior
trash enclosure, fence, wall, or hedge that lawfully existed before becoming
noncompliant with City development regulations, as well as site features required by
subsequently enacted City development regulations.
(b) A nonconforming site feature may continue to exist even though it does not conform to
current applicable standards of this Code, subject to the provisions in this Section.
(c) No action shall be taken that increases the degree or extent of a nonconforming site
feature unless the site feature is brought into conformance with this Code.
(2) Upgrading of Nonconforming Off-Street Parking and Loading
Nonconforming off-street parking facilities shall be upgraded to achieve full compliance with
the off-street parking and loading standards of this Code, including any applicable lighting
standards, in conjunction with the following development of the site containing the
nonconformity:
(a) A separate structural addition or expansion of one or more structures that would
increase the total gross floor area of the structures (as shown by building permit
applications); or
(b) Any increase in the total square footage of the vehicular use area.
Article 1 General Provisions
10-1.10 Severability
10-1.9(E) Nonconforming Site Features
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 8
(3) Upgrading of Nonconforming Landscaping
Nonconforming landscaping shall be upgraded to achieve full compliance with this Code’s
landscaping standards if the site containing those nonconforming site features is proposed
for any of the following developments:
(a) Any increase in the total square footage of the vehicular use area; or
(b) A structural addition that increases the combined total gross floor area of all existing
structures by more than 500 square feet or 20 percent, whichever is less; or
(c) An expansion of outdoor operations, storage, or display areas.
(4) Compliance to the Maximum Extent Practicable
Where full compliance with the requirements of this Section is precluded by a lack of
sufficient developable area due to the size of the lot, the layout of existing development, or the
presence of significant wetlands, floodplains, watercourses, or other significant
environmental constraints, the applicant shall comply with the requirements of this Section
to the maximum extent practicable, as determined by the Director.
10-1.10 Severability
(A) If any court of competent jurisdiction invalidates any provision of this Code, such judgment
shall not affect the validity of any other provision of this Code.
(B) If any court of competent jurisdiction invalidates the application of any provision of this Code
to a development, such judgment shall not affect the application of that provision to any other
development not specifically included in the judgment.
(C) If any court of competent jurisdiction invalidates any condition attached to a development
approval granted under this Code, such judgment shall not affect the validity of any other
condition attached to the approval that is not specifically included in the judgment.
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 9
ARTICLE 2. ZONING DISTRICTS
10-2.1 General Provisions
(A) Zoning Districts Established
Zoning districts are established as shown in Table 10-2.1. They are organized into the categories
described below:
(1) Base Zoning Districts
1. Base zoning districts are established by the
City’s adoption of the official Zoning District
Map, and subsequently by approval of
rezonings (see §10-5.4(F)). Approval of a
zoning district designation authorizes the
full range of development allowed by the
standards applicable to the base zoning
district.
2. Development in the base zoning districts is
subject to predetermined standards set out
for each district in this chapter in §§10-2.2
through 10-2.4. The sections include district
purpose statements and dimensional
standards that address minimum lot,
setback, and building requirements.
(2) Overlay Zoning Districts
(a) Overlay zoning districts are established by
the City’s adoption of the official Zoning
District Map and subsequently by approval
of rezonings (see §10-5.4(F)). They apply in
addition to one or more underlying base
zoning districts.
(b) §10-2.7, Overlay Zoning Districts, identifies
the overlay zoning districts and sets forth
each district’s purpose and the standards
that modify those of underlying districts.
(c) In case of a conflict between the provisions
of the overlay zone district and an
underlying base zoning district, the more restrictive standards shall apply.
(d) If a property is included in two or more overlay districts, and the standards of one or
more overlay districts conflict, the more restrictive overlay district provision shall apply.
(3) Broward County Land Use Plan
This Code is intended to be consistent with and in substantial conformity with the Broward
County Land Use Plan. No new development shall be approved unless there is sufficient
Table 10-2.1:
Zoning Districts Established
Base Zoning Districts
Residential Districts
RE Residential Estate
R-1 Single-Family Residential
R-2 Two-Family Residential
R-3 Multi-Family Residential
Mixed Use and Nonresidential Districts
MUN Mixed-Use Neighborhood
MUC Mixed-Use Corridor
MUG Mixed-Use General
NC Neighborhood Commercial
BP Business Park
I-1 Light Industrial
I-2 Industrial
Special Purpose Districts
RC Recreation
PF Public Facilities
SU Special Utility
PD Planned Development District
Overlay Districts
Woodlands Overlay
Article 2 Zoning Districts
10-2.1 General Provisions
10-2.1(B) Official Zoning Map
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 10
capacity available at the prescribed levels of service established in the Broward County Land
Use Plan. Residential densities in residential, mixed-use, and nonresidential districts shall
conform to the densities allowed under the Broward County Land Use Plan, as amended,
including the allocation of flex/redevelopment units.
(B) Official Zoning Map
(1) Incorporation of Map
(a) The location and boundaries of the zone districts established by this Code are shown
upon the official “Official Zoning Map of the City of Tamarac,” which is incorporated into
this Code. The Official Zoning Map, together with all data shown on the map and all
amendments to the map, is by reference made a part of this Code.
(b) The Official Zoning Map shall be identified by the signature of the City Clerk and shall bear
the seal of the City and the date of adoption.
(c) The Official Zoning Map shall be kept and preserved by the City Clerk.
(d) Official zoning shall be determined by the Director, where the Official Zoning Map does
not reflect recent changes.
(2) Changes in District Boundaries
The Director shall enter changes on the Official Zoning Map promptly after a rezoning is
approved by the City Commission. Where the ordinance enacting a rezoning contains wording
explaining or clarifying the location of zoning district boundaries, the Director may enter on
the Official Zoning Map notations reflecting the ordinance wording.
(3) Interpretation of Zoning Map Boundaries
The Director shall be responsible for interpretations of the Official Zoning Map in accordance
with the following standards:
(a) Where a zoning district boundary divides a lot or parcel, the location of such boundary,
unless indicated by legal description with distance and bearing or other dimension, shall
be determined by the scale of the zoning district map by the Director.
(b) Where a zoning district boundary coincides with a street right-of-way line, the zoning
district boundary shall follow the centerline of the street right-of-way.
(c) Land that is not indicated on the Official Zoning Map as being in any zoning district shall
be considered to be included in the most restrictive adjacent zoning district that
complies with the future land use map designation, even when such district is separated
from the land in question by a right-of-way.
(C) Zoning of Annexed Lands
All lands annexed to the corporate limits of the city shall retain their existing county zoning
classifications. For this purpose, all published material establishing the rules, regulations, and
limitations governing and restricting the use of property under such zoning classifications shall
be adopted in this chapter by reference. Such zoning classifications shall be presumed to be valid
classifications of the lands annexed and shall not be subject to change, except upon initiation of a
rezoning pursuant to §10-5.4(F), Rezoning, by either the city or the owners of the property
annexed.
Article 2 Zoning Districts
10-2.2 Residential Districts
10-2.2(A) General Purposes of All Residential Districts
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 11
10-2.2 Residential Districts
(A) General Purposes of All Residential Districts
The residential districts established in this section are intended to:
(1) Provide appropriately located lands for residential development that are consistent with the
goals, objectives, and policies of the Comprehensive Plan;
(2) Ensure adequate light, air, privacy, recreation areas, and open space for each dwelling, and
protect residents from the negative effects of noise, incompatible population density, traffic
congestion, flooding, and other significant adverse environmental impacts;
(3) Protect residential areas from fires, explosions, toxic fumes and substances, and other
public safety hazards;
(4) Provide for residential housing choice, affordability, and diversity with varying housing
densities, types, and designs, including accessory dwelling units;
(5) Provide for safe and efficient vehicular access and circulation and promote bicycle-,
pedestrian-, and transit-friendly neighborhoods;
(6) Provide for public services and facilities needed to serve residential areas and accommodate
public and semi-public land uses that complement residential development while protecting
residential areas from incompatible nonresidential development; and
(7) Create neighborhoods and preserve existing community character while accommodating
new infill development and redevelopment consistent with the City’s goals and objectives.
(B) Residential Districts Established
(1) RE: Residential Estate
This district is intended to provide for primarily large-lot, single-family neighborhoods. The
district also allows supporting public and recreational facilities and uses accessory to
residential dwellings.
(2) R-1: Single-Family Residential
This district is intended to provide for single-family residential neighborhoods. The principal
land use is single-family, detached homes. Municipally owned and operated facilities are also
allowed. The district also allows supporting public and recreational facilities and uses
accessory to residential dwellings.
(3) R-2: Two-Family Residential
This district is intended to provide for low- to medium-density residential neighborhoods
comprised of a balanced mixture of single-family and two-family development. The housing
types permitted in this district allow it to serve as a transitional area between the higher-
density R-3 district and lower-density residential districts. The district also allows
supporting public and recreational facilities and uses accessory to residential dwellings.
(4) R–3: Multi-Family Residential
This district is intended to provide for medium- and higher-density residential
neighborhoods. It promotes a well-planned mixture of single-family, two-family, and
Article 2 Zoning Districts
10-2.2 Residential Districts
10-2.2(C) Residential Districts Dimensional Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 12
higher-density, multi-family residential development adjacent to commercial corridors,
business centers, and other community service activity centers. The density and variety of
permitted housing types allows it to serve as a transitional area between nonresidential and
residential districts. Group living facilities, public and recreational facilities, and uses
accessory to residential dwellings are permitted.
(C) Residential Districts Dimensional Standards
Development in the residential districts shall comply with all applicable lot size, setback, and
building standards in the following table. Any residential building constructed prior to the
adoption of this Code, in conformance with the zoning regulations in effect at the time of issuance
of a building permit, shall be considered a legal nonconforming use.
Table 10-2.2: Dimensional Standards for Residential Districts
RE R-1 R-2 R-3
Lot Standards
Lot Size, min
(sq ft)
Single-family 6,000 3,000 3,000 3,000
Two-family N/A N/A 10,000 10,000
Other
residential N/A N/A 10,000 22,000
Nonresidentia
l 10,000 3,000 10,000 22,000
Lot Width, min (ft)
Single-family 60
50 100 200
Two-family N/A
Other
residential 100
Nonresidentia
l 100
Lot Depth, min
(ft) 100 60 100 110
Lot Cover, max
(%)
Roofed area 40 40 40
70 Total
impervious 70 70 70
Landscaped
pervious area,
min (%)
30 30 30 30
Setbacks, Minimum (ft) [1] [2]
Front Standard 20 20 20 20
Side
Interior 7.5 5 7.5 7.5
Corner 10 10 10 20
Rear
Standard 15 8 15 15
Adjacent to
golf course,
RC or RR
Districts, or
water body
8 8 8 15
Zero Lot Line Standards N/A N/A 10-2.6(C)(8) N/A
Article 2 Zoning Districts
10-2.3 Mixed-Use and Nonresidential Districts
10-2.3(A) General Purposes of Mixed-Use and Nonresidential Districts
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 13
Table 10-2.2: Dimensional Standards for Residential Districts
RE R-1 R-2 R-3
Building Standards
Height, max 2 floors; 30 ft 2 floors; 30 ft 2 floors; 30 ft 3 floors; 40 ft
Net Floor Area, min per unit (sq ft) 860 750 860
Efficiency 500
1 bdrm 600
2 bdrm 800
3 bdrm 950
Building Length, max (ft) N/A N/A N/A 350 = straight line
600 = three wings
NOTES
[1]: Multi-story buildings directly adjacent to single- or two-family residential buildings shall “step down” in height on the abutting edge to
match the height of the adjacent structure.
[2]: Nonresidential uses shall have a 10-foot greater setback on all sides of the building in all zoning districts.
[3]: The minimum rear setback may be decreased to 10 feet when the rear wall of the living area of the structure, excluding patios, is more
than 15 degrees from being parallel to the rear property line.
10-2.3 Mixed-Use and Nonresidential Districts
(A) General Purposes of Mixed-Use and Nonresidential Districts
(1) The mixed-use districts established in this section are intended to foster compact, mixed-
use development patterns that provide people with the opportunity to live, work, recreate,
and shop in pedestrian-friendly environments. More specifically, they are intended to:
(a) Provide strong multi-modal connections between diverse uses to create a busier, safer,
and more exciting environment for residents, employees, and visitors throughout the
day, in evenings, and during weekends;
(b) Encourage efficient land use by facilitating compact, higher-density development and
minimizing the amount of land that is needed for surface parking while reducing vehicle
trips;
(c) Encourage both a vertical and horizontal mix of land uses;
(d) Provide for an interesting and walkable environment through tailored building design
and streetscape standards;
(e) Accommodate development intensities appropriate to the scale of the area served by the
activity center (e.g., neighborhood, corridor, region); and
(f) Facilitate efficient vehicular traffic flow by allowing only land uses developed with
comprehensively planned access, egress, and internal circulation systems.
(2) The nonresidential districts established in this section are intended to provide a range of
office, retail, service, institutional, industrial, and related uses to meet household and
business needs, and more specifically to:
(a) Provide appropriately located lands for the full range of commercial and industrial uses
needed by the city’s residents, businesses, and workers, consistent with the goals,
objectives, and policies of the Comprehensive Plan;
(b) Strengthen the city’s economic base, and provide employment opportunities close to
home for residents of the city and surrounding communities; and
(c) Minimize the impact of commercial and industrial development on residential uses.
Article 2 Zoning Districts
10-2.3 Mixed-Use and Nonresidential Districts
10-2.3(B) Mixed-Use Districts and Nonresidential Established
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 14
(B) Mixed-Use Districts and Nonresidential Established
(1) MU-N: Mixed-Use Neighborhood
This district is intended to provide for small, compact mixed-use activity centers that serve
as convenient, walkable service and retail destinations for surrounding neighborhoods,
compatible in scale and character with surrounding residential uses. It is intended to support
a mix of residential, retail, cultural, entertainment, and office opportunities, with street-level
uses that generate pedestrian activity and upper-story residential and office uses that help
maintain an active street presence. Continuous commercial frontages, largely uninterrupted
by driveways and parking, are encouraged.
(2) MU-C: Mixed-Use Corridor
This district is intended to encourage the development of mixed-use activity centers along
the City’s primary transportation corridors and gateways. The district is distinguished from
the MU-N district by its location, and should adjoin at least one arterial roadway. The district
accommodates a mix of retail, office, and service, institutional, cultural/public, and
entertainment developments that meet local and regional needs and are sensitively designed
to reflect a positive image of the City. The district also accommodates higher-density
residential and live/work uses. District regulations encourage pedestrian-scale retail
development and provide opportunities for residents to walk to meet some of their daily
service, entertainment, and open space needs.
(3) MU–G: Mixed-Use General
This district is intended to encourage the creation of community-serving mixed commercial
and residential development at a higher scale than is appropriate for the MU-N or MU-C
districts. The district is intended for use at important nodes in the City on larger sites. The
district is intended to include commercial, institutional, recreational, and service facilities
needed to support surrounding neighborhoods and the community at-large. Medium- to
higher-density housing should be incorporated within or located around the district.
(4) NC: Neighborhood Commercial
This district is intended to provide primarily small-scale retail and personal service and low-
intensity office and institutional uses to meet the neighborhood shopping and service needs
of surrounding residential areas. Limited residential uses are permitted.
(5) BP: Business Park
This district is intended to provide for a mixture of light industrial, office, manufacturing, and
limited retail uses in a business park, industrial park, or campus setting with high-quality site
and building design. Limited residential uses are permitted.
(6) I-1: Light Industrial
This district is intended to provide for light manufacturing, warehousing, processing, service,
storage, wholesale, distribution operations, and research and development uses, with all
operations contained within enclosed buildings. Limited residential uses are permitted.
Article 2 Zoning Districts
10-2.4 Special Purpose Districts
10-2.3(C) Mixed-Use and Nonresidential Districts Dimensional Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 15
(7) I-2: Industrial
This district is intended to provide for heavy industrial development that has some, any, or all
of the following: (a) potentially noxious impacts, or (b) heavy truck traffic for supplies,
storage, or shipping, or (c) outdoor storage and operations. Examples include heavy
manufacturing, storage, major freight terminals, waste and salvage, distribution centers,
processing, and other related uses.
(C) Mixed-Use and Nonresidential Districts Dimensional Standards
Development in the mixed-use and nonresidential districts shall comply with all applicable lot
size, setback, and building standards in the following table.
Table 10-2.3: Dimensional Standards for Mixed-Use and Nonresidential Districts
MU-N MU-C MU-G NC BP I-1 I-2
Lot Standards, Min
Lot Area (sq ft) 20,000 30,000 30,000 20,000 5,000 10,000
Width (ft) 100 150 150 100 100 - -
Lot
Cover,
max (%)
Roofed
area
40 40 40 40 60 60 60
Total
imperviou
s
70 70 70 70 70 80 80
Landscaped pervious
area, min (%) 30 30 30 30 30 20 20
Setbacks, Min (ft)
Front [1] 25 25 0 25 50 10 10
Side Interior 10 10 10 10 35 0 0
Corner 15 15 15 15 35
Rear 10 10 10 10 35
0 (35 if
adjacent to
residential)
50
Adjacent to Residential
District 25 25 25 25 50 50 [2] 50 [2]
Building Standards
Height, max (ft) 40 50 70 40
50; if
adjacent to
residential
then 35
30 30
Net Floor Area, max (%) 40 40 - 35 - - -
Density Standards
Determination through allocation process that the total residential uses do not exceed 10 % of the land area of the City.
NOTES
[1]: Street setbacks along University Drive shall be 125 feet from centerline of roadway.
[2]: Along said lot line an 8-foot concrete wall shall be constructed.
10-2.4 Special Purpose Districts
(A) Special Purpose Districts Established
(1) RC: Recreation
This district is intended to provide for active and passive recreational activities. Such
activities are normally and primarily conducted in the open air, while related accessory uses
may be in the open air or in a building or structure. The district also allows both public and
Article 2 Zoning Districts
10-2.4 Special Purpose Districts
10-2.4(B) Special Purpose Districts Dimensional Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 16
private schools. The functional characteristics of the district may require its location within
or near residential areas, schools, public recreational areas or scenic areas. Because of the
nature of uses involved and the variety of arrangement of uses and facilities on the site plan
of development, broad general regulations for plot size, yards, setbacks and height must be
adequate for any location at which the RC district may be established.
(2) PF: Public Facilities
This district is intended to provide for educational institutions, municipal governmental
facilities, and other related activities.
(3) SU: Special Utility
This district is intended to provide for public and private utility sites in the city.
(B) Special Purpose Districts Dimensional Standards
Development in the special purpose districts shall comply with all applicable lot size, setback, and
building standards in the following table.
Table 10-2.4: Dimensional Standards for
Special Purpose Districts
RC PF SU
Lot Standards (feet, unless otherwise noted)
Lot Area, min 5,000 SF 1 acre 1 acre [3]
Lot Area, max - -
Lot Width, min 50 -
Street Frontage, min - -
Lot
Coverage,
max
Impervious Area - - 70%
Building coverage - - 35%
Setbacks, Minimum (feet, unless otherwise noted)
Front 25 25 [2] From residential: 60
All other: 25
[4]
Side, interior 25
Side, corner
Rear 25
Building Standards (in feet, unless otherwise noted)
Height 60 [1] 60 30 [6]
Floor Area, min - - -
NOTES
[1]: The 60-foot height limit shall not include wireless or light poles and antennas installed by the city for
government use or a city-related purpose.
[2]: Any part of building or structure greater than 25 feet in height shall be located at least one foot
additional for each foot of height above 25 feet.
[3]: When the applicant can demonstrate that a site of less than one acre is in the public interest and that a
workable site of one acre or more is not available, the city commission may permit a site of less than
one acre, provided all performance standards are met.
[4]: On any special utility site, three utility poles or towers for electric utilities may be placed within the
setback. No setback requirements as to utility poles or towers for electric utilities shall apply to any
property which carries a designation of "Utility" on the Broward County Land Use Plan Map as of July 1,
1990.
[5]: In the SU district, utility and communication towers shall not exceed 80 feet in height, where, at the time
the parcel becomes zoned "special utility," the parcel is contiguous to lands in the City of Tamarac
designated residential on the applicable [map] in the land use plan. In all other cases, utility and
communication towers shall not exceed 130 feet in height. Lightning rods shall be permitted over and
above these height limits.
Article 2 Zoning Districts
10-2.5 Planned Development District
10-2.5(A) Purpose, Applicability and Creation of PD District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 17
10-2.5 Planned Development District
(A) Purpose, Applicability and Creation of PD District
(1) Purpose
The Planned Development (PD) district is established and intended to permit large tracts of
land that are part of a master development plan to be planned and developed as a whole with
a greater amount of flexibility by removing some of the detailed restrictions of conventional
zoning. Planned developments encourage innovative land planning and site design concepts
that support a high quality of life and achieve a high quality of development environmental
sensitivity, energy efficiency, and other City goals and objectives by:
(a) Reducing or diminishing the inflexibility or uniform design that sometimes results from
strict application of zoning and development standards designed primarily for individual
lots;
(b) Allowing -greater freedom in selecting the means of providing access open space, and
design amenities;
(c) Allowing greater freedom in providing a well-integrated mix of residential and
nonresidential land uses in the same development including a mix of housing types, lot
sizes, and densities:
(d) Allowing more efficient use of land, with smaller networks of streets and utilities, and
thereby lowering development and housing costs; and
(e) Promoting quality design and environmentally sensitive development that respects
surrounding established land use character and respects and takes advantage of a site's
natural and man-made features, such as trees wetlands floodplains, and historic
features.
(f) Promoting "low impact design," also known as "LID," which seeks to minimize the
hydrologic and water quality changes that result as part of site development.
(2) Applicability
(a) Planned developments are planned and developed under unified control and in
accordance with flexible standards and procedures that are conducive to creating more
mixed-use, pedestrian-oriented and otherwise higher-quality development, as well as
community benefits and amenities, than could be achieved through base zoning district
regulations.
(b) The purpose of this subsection is to provide a uniform means for amending the Official
Zoning Map to reclassify land to the Planned Development (PD) zoning district
established in §10-2.5(A)(3) below.
(3) Creation of PD District
The PD district is intended to encourage high-quality, mixed-use development that features
innovative and creative design, yet is compatible with both surrounding existing development
and available public infrastructure. The PD district is supported by an underlying Local
Activity Center (LAC) land use designation.
Article 2 Zoning Districts
10-2.5 Planned Development District
10-2.5(B) General Standards for the Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 18
(B) General Standards for the Planned Development District
Before approving a PD zoning district classification, the City Commission shall find that the
application for the PD zoning district, as well as the PD Plan/Agreement included as part of the
application, comply with the standards below.
(1) PD Plan/Agreement
The PD Plan/Agreement shall:
(a) Include a statement of planning objectives for the district;
(b) Identify the general location of individual development areas, identified by land use(s)
and/or development density or intensity;
(c) Identify for the entire PD district and each development area the land area, types and mix
of land uses, number of residential units (by use type), nonresidential floor area (by use
type), residential density, and nonresidential intensity;
(d) Identify the general location, amount, and type (whether designated for active or passive
recreation) of open space;
(e) Identify the location of environmentally sensitive lands, wildlife habitat, wetlands, and
floodplains;
(f) Identify the onsite transportation circulation system, including the general location of all
public and private streets, existing or projected transit corridors, and pedestrian and
bicycle pathways, and how they will connect with existing and planned city systems as
supported by an applicant-provided traffic study;
(g) Identify the general location of onsite potable water and wastewater facilities, and how
they will connect to City systems;
(h) Identify the general location of onsite stormwater management facilities, and how they
will connect to City systems;
(i) Identify the general location of all other onsite public facilities serving the development,
including but not limited to parks, schools, and facilities for fire protection, police
protection, EMS, stormwater management, and solid waste management.
(j) Include conditions related to approval of the application for the PD zoning district
classification;
(k) Identify the community benefits and amenities that will be provided to compensate for
the added development flexibility afforded by the PD district; and
(l) Include any other provisions the City Commission determines are relevant and
necessary to the development of the planned development in accordance with applicable
standards and regulations.
(2) Consistency with City Plans
The PD zoning district designation and the PD Plan/Agreement shall be consistent with the
purpose and standards of this section in addition to the comprehensive plan of the City of
Tamarac and all applicable regulations for PD zoning designations.
Article 2 Zoning Districts
10-2.5 Planned Development District
10-2.5(B) General Standards for the Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 19
(3) Compatibility with Surrounding Areas
Development along the perimeter of a PD district shall be compatible with adjacent existing
or proposed development. Where there are issues of compatibility, the PD Plan/Agreement
shall provide for transition areas at the edges of the PD district that provide for appropriate
buffering and/or ensure a complementary character of uses. Determination of
complementary character shall be based on densities/intensities, lot size and
dimensions, building height, building mass and scale, hours of operation, exterior lighting,
and siting of service areas.
(4) Development Phasing Plan
If development in the PD district is proposed to be phased, the PD Plan/Agreement shall
include a development phasing plan that identifies the general sequence or phases in which
the district is proposed to be developed, including how residential and nonresidential
development will be timed, how infrastructure (public and private) and open space will be
provided and timed, and how development will be coordinated with the City's capital
improvements program.
(5) Conversion Schedule
The PD Plan/Agreement may include a conversion schedule that identifies the extent to
which one type of residential use may be converted to another type of residential use, such as
multi-family dwellings to single-family dwellings, and one type of nonresidential use may be
converted to another type of nonresidential use, such as office use to retail sales use. Such
conversions may occur within development areas and between development areas as long
as they occur within the same development phase, as identified by the approved development
phasing plan, and are consistent with established extents of conversion set down in the
conversion schedule.
(6) Onsite Public Facilities
(a) Design and Construction
The PD Plan/Agreement shall establish the responsibility of the developer/landowner to
design and construct or install required and proposed onsite public facilities in
compliance with applicable City, state, and federal regulations.
(b) Dedication
The PD Plan/Agreement shall establish the responsibility of the developer/landowner to
dedicate to the public the rights-of-way and easements necessary for the construction
or installation of required and proposed on-site public facilities in compliance with
applicable City, state, and federal regulations.
(c) Modifications to Street Standards
In approving a PD Plan/Agreement, the City Commission may approve modifications or
reductions of City street design standards, including those for right-of-way widths,
pavement widths, required materials, and turning radii. Such modifications shall be
reviewed and approved by the Fire and Public Service departments during PD
Plan/Agreement approval, on finding that:
Article 2 Zoning Districts
10-2.5 Planned Development District
10-2.5(B) General Standards for the Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 20
(i) The PD Plan/Agreement provides for separation of vehicular, pedestrian, and
bicycle traffic as supported by an applicant-provided traffic study;
(ii) Access for emergency service vehicles is not substantially impaired;
(iii) Adequate off-street parking is provided for the uses proposed and as supported by
an applicant-provided parking study; and
(iv) Adequate space for public utilities is provided within the street right-of-way.
(7) Uses
Allowed principal, accessory, and temporary uses in a particular PD district shall be
established in the PD Plan/Agreement, subject to conversion in accordance with a schedule
incorporated in the PD Plan/Agreement in accordance with §10-2.5(B)(5), Conversion
Schedule. Allowed uses shall be consistent with the City’s Comprehensive Plan, Local
Activity Center (LAC) designation, and the purpose of this section. The nonresidential uses in
the PD district are restricted to the uses permitted in the City’s mixed-use districts.
(8) Densities/Intensities
The total number of dwelling units permitted in a planned development shall not exceed 35
dwelling units/acre and shall not exceed the total density/intensity permitted by the Land Use
Element of the Tamarac Comprehensive Plan. The densities for residential development and
the intensities for nonresidential development applicable in each development area of a PD
district shall be as established in the PD Plan/Agreement and shall be consistent with the
comprehensive plan Local Activity Center (LAC) land use designation other adopted special
area and City plans, and with the purpose of the PD district.
(9) Dimensional Standards
(a) All planned developments shall contain a minimum of ten acres of contiguous land
unless the Community Development Department finds that a tract that contains less
than ten acres is suitable as a planned development by virtue of:
(i) Its location within a quarter mile of access to mass transit; or
(ii) Provision of mass transit access in the proposed PD.
(b) This minimum may be waived by the City Commission upon the recommendation of the
Community Development Director.
(c) The dimensional standards applicable in each development area of a PD district shall be
as established in the PD Plan/Agreement and shall be consistent with the
Comprehensive Plan, other adopted special area and City plans and with the purpose of
the PD district.
(d) The PD Plan/Agreement shall include at least the following types of dimensional
standards, unless the PD Plan/Agreement expressly states otherwise:
(i) Maximum dwelling units per acre (residential development) and/or maximum floor
area ratio (nonresidential development);
(ii) Minimum net lot area;
(iii) Minimum lot width;
(iv) Maximum impervious surface area;
Article 2 Zoning Districts
10-2.5 Planned Development District
10-2.5(B) General Standards for the Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 21
(v) Maximum structure height;
(vi) Maximum individual building size;
(vii) Minimum and maximum setbacks; and
(viii) Minimum setbacks from adjoining residential development or residential zoning
districts.
(10) Site Development Standards/Features
All development in a PD district shall comply with the development standards established in
the PD Plan Agreement as consistent with City plans, the objective of the particular type of
development standard, and the purpose of the PD district.
(a) Off Street Parking
(i) Because of the unique land uses and design characteristics of projects zoned PD,
the minimum parking space requirement and design shall be determined on a
project-by-project-basis.
(ii) The applicant may propose parking that does not meet minimum Code
requirements, in which case the applicant shall submit a parking study prepared by
a registered traffic engineer.
(iii) At a minimum, the parking study shall include the number of proposed parking
spaces, public transit ridership statistics, and justification for any deviations from
the requirements of this Code for off-street parking and loading.
(iv) The study shall be reviewed and approved by the Director of Community
Development or his/her designee.
(v) Parking and traffic studies shall be required to be submitted as part of a complete
application package demonstrating required parking to support the planned
development.
(b) Underground Utilities
(i) All onsite utilities shall be installed underground.
(ii) Large transformers shall be placed on the ground within pad mounts, enclosures, or
vaults.
(iii) The developer shall provide adequate landscaping to screen all above ground
facilities in a manner not inconsistent with the requirements of the applicable utility
provider.
(c) Landscaping, Buffering and Building Design
(i) Landscaping shall meet all the requirements of §10-4.4, Landscaping and Tree
Preservation. Modification of §10-4.4 may be requested in the PD Plan/Agreement
and must be explicitly listed in the PD Agreement and PD Plan.
(ii) The applicant shall be responsible for all architectural review costs incurred by the
City in association with the review of the building’s design.
Article 2 Zoning Districts
10-2.6 Measurements and Exceptions
10-2.6(A) Density
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 22
(d) PD Plan/Agreement Development Standards
The Plan/Agreement shall include at least the following types of development standards,
unless the PD Plan/Agreement expressly states otherwise:
(i) Total onsite parking spaces;
(ii) Landscaping to included total trees and shrubs;
(iii) Minimum and maximum open space; and
(iv) Percentage pervious and non-pervious area.
(e) Stormwater Management Standards
All development in a PD district shall comply with the standards of §10-4.5(E),
Stormwater Management, that are in place at the time of Site Plan Approval application
acceptance (see §10-6.4.6, Site Plan Approval).
10-2.6 Measurements and Exceptions
(A) Density
(1) Density, Gross
Means the number of dwelling units allowed for each gross acre of land, and is determined by
dividing the number of dwelling units on a site by the gross acreage of the site, including
dedicated half rights-of-way, half private streets, and open space set asides permitted in
residential areas by the Future Land Use Plan Map. In the determination of the number of
residential units to be allowed on a specific parcel of land, a fractional unit equal to or greater
than one-half of a unit shall be rounded down to equal a full unit.
(2) Dwelling Units Allowed
The number of dwelling units allowed on a site is based on the presumption that all other
applicable standards of this Code shall be met. The maximum density established for a zoning
district is not a guarantee that such densities may be obtained, nor a valid justification for
varying or modifying other dimensional or development standards.
(B) Lot Standards
(1) Minimum Lot Dimensions
Any lot that is created shall meet the minimum lot size and frontage requirements
established in §§10-2.2 through 10-2.4 for the zoning district in which it is located, except as
otherwise established in this Code in §10-1.9, Nonconformities, or for particular uses.
(2) Number of Principal Buildings or Uses Per Lot
(a) Only one main building for single-family or two-family use with permitted accessory
buildings may be located upon a lot or unplatted tract.
(b) Where a lot or tract of land is used for mixed use, commercial, or industrial purposes,
more than one main building may be located upon the lot but only when such buildings
conform to all requirements of this Code applicable to the uses and district.
Article 2 Zoning Districts
10-2.6 Measurements and Exceptions
10-2.6(C) Setbacks, Minimum
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 23
(3) Net Lot Area
Net lot area shall be determined by measuring the total horizontal land area (in acres or
square feet) within the lot lines of the lot—excluding any area containing the rights-of-way.
(4) Lot Coverage
Lot coverage shall be the portion of a lot covered by principal and accessory buildings and
structures, as measured from the outside of the building or structure at ground level, and
expressed as a percentage of total lot area.
(a) Calculation of lot coverage shall exclude garages, covered patios, carports, pools,
uncovered patios, and open mesh-screened patios.
(b) Calculation of lot coverage shall exclude any roof area from which stormwater runoff is
captured and used onsite for purposes other than irrigation. Lot coverage shall include
all other roofed areas, excluding roof overhangs not supported by columns.
(5) Pervious Area
(a) For purposes of the minimum pervious area requirement in this article, landscaped
pervious area shall include, but not be limited to, turf grass, groundcover, trees, shrubs,
and other plant material.
(b) The pervious area not covered by buildings, vehicular use areas, waterways, and
walkways shall be landscaped.
(c) The use of pervious pavers or turf blocks is strongly encouraged. Should pervious
pavers or turf blocks be utilized instead of a portion or majority of impervious surface,
the Director may credit this towards achieving the minimum landscape requirements.
(C) Setbacks, Minimum
(1) Setbacks, Generally
Front, corner side, side, and rear setbacks on a lot shall be determined by measuring the
horizontal distance along a straight line extending at a right angle from the lot’s front, corner
side, side, or rear lot line (as appropriate) to the vertical wall or column of the nearest
structure on the lot. The area defined by a minimum setback and the lot line from which it
measured is a required front, corner side, side, or rear yard (as appropriate). Allowable
encroachments into required yards as stated in §10-2.6(C)(6), Allowed Projections into
Required Setbacks, shall be ignored when measuring setbacks.
(2) Double-Frontage Lots
In the case of double-frontage lots, front setbacks shall be provided on all frontages.
(3) Contextual Front Setbacks
The following exceptions to the front setback requirements for dwellings fronting local
streets, not collector or arterial streets, are authorized for a lot in any district.
(a) If there are dwellings on both abutting lots with front setbacks of less than the required
depth for the district, the front setback of the lot need not exceed the average front
setback of the abutting dwellings.
Article 2 Zoning Districts
10-2.6 Measurements and Exceptions
10-2.6(C) Setbacks, Minimum
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 24
(b) If there is a dwelling on one abutting lot with a front setback of less than the required
depth for the district, the front setback for the lot need not exceed the average of the
required setback and the front setback of the abutting dwelling.
(4) Setbacks from Private Roads
Whenever a private road serves more than three lots/dwelling units or serves any non-
residential use tending to generate traffic equivalent to more than three dwelling units, all
setbacks shall be provided in conformance with those setbacks required for lots served by
public streets.
(5) Setbacks for Walkways and Driveways
Whenever a walkway or driveway is to be located on a lot, it shall be a minimum of three feet
from the rear and side property line, except for double-frontage lots.
(6) Allowed Projections into Required Setbacks
Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure
from 30 inches above grade upward, except that certain structures may project into required
front, side, or rear setbacks as specified in this subsection.
(a) On the zero side of a zero lot line, no projections of any kind shall encroach into the
adjacent lot. The following structures included in this subsection shall be placed within
the line of the house on the zero side of the lot line.
(b) With the exception of structures allowed below, projections shall not be considered in
determining lot coverage:
(i) Patios and Terraces, Unroofed
Unroofed, patios and terraces may project into any required setback, provided that
no structures placed there shall violate other requirements of this Code and are at
least five feet from the lot line.
(ii) Unroofed Landings, Decks, Stairs and Balconies
Unroofed landings, decks, and stairs may project into required setbacks, provided
that no portion other than a handrail shall extend higher than 30 inches above the
finished grade level. Unroofed balconies may project up to 36 inches into a required
side or rear yard.
(iii) Incidental Architectural Features
Cornices, eaves, canopies, sunshades, gutters, chimneys, flues, belt courses,
headers, sills, pilasters, lintels, ornamental features, awnings, bay windows, and
other similar architectural features may project not more than three feet into any
required setback.
(iv) Pergolas and Trellises
Pergolas, trellises and other freestanding structures shall be setback five feet from
all side and rear lot lines and are prohibited in the front yard.
Article 2 Zoning Districts
10-2.6 Measurements and Exceptions
10-2.6(C) Setbacks, Minimum
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 25
(v) Handicap Ramps
Handicap access ramps may be located within required front, side, and rear
setbacks.
(vi) Swimming Pools
Swimming pools shall measure setbacks five feet from the edge of the pool.
(vii) Fences, Walls, and Hedges
Fences, walls, and hedges not exceeding six feet in height as measured from the
natural contour of the premises may be maintained along any side or rear lot line or
elsewhere within the side yard setback area between the required street front
setback and the rear building line.
(viii) Freestanding Ornamental Features
Ornamental features that are freestanding such as bird baths, sculptures, and
fountains may exceed the 30 inches height maximum but not exceed 6 feet in height.
(ix) Mechanical Equipment
A/C units, swimming pool equipment, irrigation pumps, propane tank generators,
and backflow devices shall be prohibited in the front yard, and shall comply with the
setback provisions in Article 2: Zoning Districts.
(7) Projections Into Easements and Rights of Ways Prohibited
Projections shall not extend or encroach into any easement(s) or right(s)-of-way.
(8) Zero Lot Line Side Yards
(a) R2 District
In the R2 district, the minimum side yard setback may be built with a zero setback from
any side property line; provided, however, the setback from the opposite property line
shall not be less than ten feet, subject to the following standards:
(i) Roof overhangs shall not be permitted over property line where the zero lot line is
utilized as setback on one side.
(ii) No openings of any kind shall be permitted on the zero lot property line. The zero lot
property line shall be of fire wall construction as defined in the Florida Building
Code, Broward County Amendments, and other regulatory codes of the State of
Florida.
(iii) A recorded reciprocal easement of five feet shall be required on the adjoining lot
adjacent to the zero property line, and in no case shall landscaping be placed so as
to prevent reasonable access for maintenance purposes.
(iv) The zero lot line option shall apply provided that the entire block or the entire
subdivision has been designated as such on the final site development plan.
Article 2 Zoning Districts
10-2.7 Overlay Zoning Districts
10-2.6(D) Building Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 26
(D) Building Standards
(1) Building Height Measurement
(a) The height of a structure shall be determined by measuring the vertical distance from the
average elevation of the finished lot grade at the front of the building to the top of a
parapet or to the top of a flat roof, or to the mid-height of an angular roof, whichever is
the tallest.
(b) All references to a height of a specified number of stories or a specified number of feet
shall mean a maximum of that number of stories, and within that number of stories the
number of feet enumerated may not be exceeded. For example, a maximum height of
three stories or 40 feet means that the maximum number of stories shall be three and
that the maximum height of the building, including any walls necessary to hide air-
conditioning equipment and all other equipment except elevator housing and stairwells
shall be 40 feet.
(2) Height Exceptions for Appurtenances
Except as specifically provided elsewhere in this Code, the height limitations contained in this
Code do not apply to cupolas, flagpoles, chimneys, antennas, heating and ventilation
equipment, elevator housings, stairwell towers or similar appurtenances; provided,
however, the following:
(a) The appurtenance does not interfere with Federal Aviation Administration regulations;
(b) The appurtenance does not extend more than 10 feet above the maximum permitted
building height, except for flagpoles, church belfries, and antennas that must be of
greater height in order to function;
(c) The appurtenance is not constructed for the purpose of providing additional floor area in
the building;
(d) The appurtenance complies with the screening requirements for mechanical equipment
and appurtenances in §10-4.8, Fences, Walls, and Screening.
(3) Height Exceptions for Structures
The height regulations of this Code shall not apply to monuments, public art, or water tanks
provided the structure does not exceed 75 feet in height from ground level.
(4) Height Exceptions for Steeples
A steeple on a religious building may exceed the height regulations of this Code to a
maximum of 50 feet.
10-2.7 Overlay Zoning Districts
(A) General Purpose of Overlay Districts
Overlay zoning districts are superimposed over portions of one or more underlying base zoning
districts in order to supplement generally applicable regulations with additional standards that
address special area-specific conditions, features, or plans while maintaining the character and
purposes of the underlying districts. Some overlay districts include standards that modify or
supersede standards applied by the underlying district.
Article 2 Zoning Districts
10-2.7 Overlay Zoning Districts
10-2.7(B) Establishment of Districts
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 27
(B) Establishment of Districts
(1) Land shall be classified or reclassified into an overlay zoning district only in accordance with
the procedures and requirements set forth in § 10-5.4(F), Rezoning, and this section.
(2) The boundaries of an overlay district shall be established by special studies related to the
purpose of the district. Such study shall include, at a minimum:
(a) Incorporation of an Overlay Map
A map shall be created and incorporated into this ordinance that shall identify the limits
of the overlay district.
(b) Specific Regulations
Specific regulations that apply within the boundaries of the overlay district shall be
created to guide development within the district. Such regulations shall be incorporated
into this Code after public hearings as an amendment to this Code and shall be used to
review and regulate the development of all land uses in any zoning district within the
boundaries of the overlay district.
(C) Woodlands Overlay District
(1) General Purpose of Woodlands Overlay District
The purpose and intent of the Woodlands Overlay District is to create and establish specific
regulations in addition to those requirements contained within the City Code of Ordinances
that will serve to preserve the neighborhood character, promote its high quality and
appearance, maintain property values and protect the public health, safety and welfare. The
overlay district is not only intended to provide guidelines to ensure the preservation of the
Woodlands community's visual integrity, but to also ensure that every property is maintained
in accordance with the community standards.
(2) Woodlands Overlay (WO) District Established
The WO district is intended to protect the existing aesthetics of the Woodlands community to
ensure high-quality development compatible with the surrounding existing development.
(3) Sunset and Termination of Overlay District
This section shall sunset and the Woodlands Overlay District shall be terminated one year
after the effective date of this Code, unless, prior to the sunset date, the City Commission
shall pass legislation to extend the district.
(4) General Maintenance Standards
Residential properties shall be protected from the negative impacts of noise, illumination,
unsightliness, odors, dust, dirt, smoke, and other objectionable influences. Maintenance of
premises shall be subject to the City's Code. Minimum standards to ensure maintenance of
premises are as follows, along with the following conditions:
(a) All properties shall be kept in a clean and sanitary condition free of rubbish, trash,
garbage, ground surface hazards, including but not limited to broken glass, dangerous
projections and objects.
Article 2 Zoning Districts
10-2.7 Overlay Zoning Districts
10-2.7(C) Woodlands Overlay District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 28
(b) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Dogs,
cats, or other household pets may be kept, provided they are not kept, bred, or
maintained for any commercial purposes.
(c) Fences are permitted only when the fence will be used as a safety barrier to enclose a
pool. Fences shall be constructed out of a non-porous material (specifically metal,
aluminum, or plastic) and shall be painted black, dark green, white, or bronze in color
and hidden from view with a continuous hedge. The property owner shall receive all
required permits from the City prior to the installation.
(d) Hedges are permitted and shall be maintained uniformly at a height not to exceed six feet
and so as not to obstruct a neighboring property owner's view of the golf course or water
bodies.
(e) Refuse containers shall be maintained in good condition and completely screened from
view from the adjacent right-of-way. The only exception to this regulation is when the
refuse containers are placed for pickup which shall be no earlier than 7:00 pm the
evening before on the day of actual pickup and removed no later than 11:00 pm the
evening of pickup.
(f) All gas and oil tanks must be placed and maintained below ground level or in walled-in
areas so as not to be visible from adjacent properties.
(g) Air conditioning or other mechanical equipment placed in any front, side or rear yard
shall be screened or walled in so as not to be visible from the public rights-of-way and
shall not be placed on the roof of any building or structure unless such air conditioning or
mechanical equipment is completely screened or walled in so as not to be visible from
the public rights-of-way or adjoining properties.
(h) Any telecommunications tower and/or antenna located within the Woodlands
community shall comply with all federal, state, and local laws, ordinances and
regulations.
(i) Permanent and/or temporary signs shall not be erected or displayed upon any
properties within the Woodlands. Exceptions:
(i) Political signs, which shall conform to §10-4.10, Signs.
(ii) Security/protective agency signs, which shall be located within five feet of the
residence.
(iii) Warning or hazard signs, which will be permitted to be located where the hazard
may exist.
(iv) Real estate signs, provided the signs are placed a minimum of 10 feet from the
property line. Only one sign shall be permitted per property. The size of the sign shall
be no larger than 15 inches in height, 24 inches in width. The top of the sign when
measured from the ground (where the sign is installed) shall not exceed 36 inches in
height.
(v) Open house signs, which shall be permitted on weekends only when the subject
property is staffed by a realtor or the homeowner. The size of the sign shall be no
larger than 15 inches in height, 24 inches in width. The top of the sign when measured
from the ground (where the sign is installed) shall not exceed 36 inches in height.
Article 2 Zoning Districts
10-2.7 Overlay Zoning Districts
10-2.7(C) Woodlands Overlay District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 29
(vi) House identification signs, which shall be attached to the residence, be no larger
than 12 inches by 15 inches and include no more than the homeowner's name and/or
address.
(j) Exterior surfaces of all buildings and structures including but not limited to roofs, walls,
soffits, siding, fascia, and vehicular use areas shall be kept free of dirt, grime, mold, and
mildew. Such surfaces shall also be kept free of faded or chipped paint and shall be
maintained in good repair and condition. Such surfaces shall be repainted, recovered, or
cleaned when 10 percent or more of the exposed surface area does not meet the
standards set forth herein.
(5) Carports, Garages, Parking, and Storage
(a) The parking, storage, or movement of motor vehicles except in approved vehicle use
areas is prohibited. Exceptions include golf carts which shall be permitted to move over
pervious areas to get to and from the golf course or vehicle use areas.
(b) Only private use vehicles are permitted to be parked or stored overnight where visible
from the public rights-of-way or abutting property. All other types of vehicles including
but not limited to heavy trucks and commercial vehicles are prohibited from being
parked or stored overnight where it is visible from the public rights-of-way or abutting
property.
(c) Vehicle use areas shall be constructed of asphalt pavement, brick pavers, concrete,
stamp concrete, cast in place stone or of a similar material which provides equivalent
durability, aesthetic appearance, and maintainability. Any modification to an existing
vehicular use area shall receive all required permits from the city prior to construction.
(d) Carports are for the purpose of storing private use vehicles and trucks only. General
storage of personal belongings and other commodities within the confines of the carport
visible from the abutting rights-of-way are prohibited. Carports shall be maintained so
that there is no accumulation of junk, trash, and debris.
(e) Garage doors shall be kept in the down position at all times when the garage is not in use
by the resident.
(6) Buildings, Additions, and Modifications
In order to assure that the quality of development within the community is maintained at a
high standard, the following requirements shall apply to construction of new residences and
additions or changes to existing residences or properties:
(a) No residence shall be constructed containing a living area of less than 1,500 square feet.
(b) No docks, seawalls, boat landings, mooring posts or boathouses may be constructed
without the property owner obtaining all permits.
(7) Exterior Colors for Single-Family Dwellings
In order to preserve the neighborhood appearance of the community, an established color
scheme shall be approved and modified by resolution of the City Commission referred to as
the "Woodlands Color Palette." Exterior colors for single-family dwellings are expressed in
three categories: base building colors, accent colors and trim colors.
(a) The Director or designee shall keep the official "Woodlands Color Palette" on file for
reference and enforcement.
Article 2 Zoning Districts
10-2.7 Overlay Zoning Districts
10-2.7(C) Woodlands Overlay District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 30
(b) Should any exterior surface of a single-family dwelling within the community require
painting, the property owner shall refer to the "Woodlands Color Palette" for the list of
approved colors.
(c) The property shall then apply to the building and code compliance department for a no
cost paint permit that will be reviewed for consistency with the "Woodlands Color
Palette."
(d) The paint permit shall be valid for 60 calendar days from the date of issuance.
(e) Roof surfaces are not subject to these regulations unless the roofing material is painted.
Roof surfaces comprised of shingles, tile, or aggregate with a factory-installed color
finish are not subject to these regulations. In the event that a roof surface is to be painted
or repainted, only one color listed as a building base color or accent color shall be
permitted, shall match a color used on the elevations of the structure, and shall not be
subject to the percentage limitations within the City Code.
(f) The installation of gutters, downspouts, screen enclosures, hurricane shutters, lawn
and patio furniture, children's play equipment, utility provider equipment and fences with
factory-installed color finishes shall not be subject to these regulations. In the event that
any of these items are to be repainted, then only one color listed as a building base color,
accent color or trim color shall be permitted. The color shall be either white or a color
used on the elevations of the principal structure on the property and shall not be subject
to the percentage limitations within the City Code.
(g) Exterior surfaces consisting of natural stone, wood or brick shall not be subject to these
regulations unless such surface is painted.
(8) Landscaping and Screening
In order to assure that the aesthetic appearance of the community is maintained, the
following requirements shall apply with regard to maintenance of shrubbery and landscape
materials:
(a) Homeowners must maintain healthy landscaping, to include spraying, watering,
weeding, trimming, and fertilizing.
(b) All lot areas not covered by driveways, or other paved areas or structures shall be
planted with lawn grass, ground cover or other appropriate landscape materials, free of
weeds. Lawns shall be neatly maintained at a height of four inches or less.
(c) Modifications to existing landscape material (as defined herein) shall be of equivalent
replacement.
(d) Landscape material shall not create pedestrian and/or motor vehicle hazards.
(e) The installation, removal and pruning of all trees and palms within the community shall
be in accordance with the standards of §10-4.4, Landscaping and Tree Preservation. All
other elements of landscaping shall be installed and maintained so as to meet all other
applicable City Code requirements.
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 31
ARTICLE 3. USE REGULATIONS
10-3.1 Purpose and Organization of this Article
The purpose of this article is to identify the land uses allowed in Tamarac’s zoning districts and to
establish standards that apply to certain uses with unique characteristics or impacts.
(1) §10-3.2, Table of Allowed Uses, includes Table 10-3.1: Allowed Uses, which lists uses allowed
by district.
(2) §10-3.3, Use-Specific Standards, includes use-specific standards applicable to certain land
uses.
(3) §10-3.4, Accessory Uses and Structures, establishes standards applicable to accessory uses
and structures.
(4) §10-3.5, Temporary Uses and Structures, establishes standards applicable to temporary
uses and structures.
10-3.2 Table of Allowed Uses
Table 10-3.1: Allowed Uses, lists the uses allowed within all base zoning districts. Each listed use
is defined in Article 10-6, Rules of Interpretation and Definitions.
(A) Table Abbreviations
(1) Permitted Uses
“P” in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed by right. Permitted
uses are subject to all other applicable regulations of this Code, including the use-specific
standards in §10-3.3, Use-Specific Standards, the dimensional standards in Article 2: Zoning
Districts, and the requirements of Article 4: Development and Design Standards. Permitted
uses may be approved pursuant to the applicable procedures under Article 5: Administration.
(2) Special Exception Uses
“SE” in a cell in Table 10-3.1: Allowed Uses, indicates that the use is allowed in the respective
zoning district only if reviewed and approved in accordance with the procedures of §10-
5.4(G), Special Exception. Special exception uses are subject to all other applicable
regulations of this Code, including the use-specific standards in §10-3.3, Use-Specific
Standards, the dimensional standards in Article 2 Zoning Districts, and the requirements of
Article 4: Development and Design Standards.
(3) Prohibited Uses
A blank cell in Table 10-3.1: Allowed Uses, indicates that the land use is prohibited in that
zoning district.
(4) Accessory Uses
“A” in a cell in Table 10-3.1: Allowed Uses, indicates that the land use is allowed in that zoning
district only if it is incidental and subordinate to a permitted primary use of the land in that
district (i.e., a P or SE use that has been approved for the site), and subject to compliance with
the applicable standards in §10-3.4, Accessory Uses and Structures.
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 32
(5) Temporary Uses
“T” in a cell in Table 10-3.1: Allowed Uses, indicates that the use is permitted in that zoning
district for a temporary amount of time and only after approval of a Temporary Use Permit
(§10-5.4(K)) and subject to compliance with the applicable standards in §10-3.5, Temporary
Uses and Structures.
(B) Use Categorization
In Table 10-3.1: Allowed Uses, land uses and activities are classified into general “use categories”
and specific “use types” based on common functional, product, or physical characteristics such as
the type and amount of activity, the type of customers or residents, how goods or services are
sold or delivered, and site conditions. This classification provides a systematic basis for assigning
present and future land uses into appropriate zoning districts. This classification does not list
every use or activity that may appropriately exist within the categories. Certain uses may be listed
in one category when they may reasonably have been listed in one or more other categories. The
use categories are intended merely as an indexing tool and are not regulatory.
(C) Use-Specific Standards
Regardless of whether a use is allowed by right or as a special exception, additional standards
may be applicable to the use. Use-specific standards are noted through a cross-reference in the
last column of the table. Cross-references refer to §10-3.3, Use-Specific Standards. These
standards apply in all districts unless otherwise specified.
(D) Use for Other Purposes Prohibited
Approval of a use listed in Table 10-3.1: Allowed Uses, and compliance with the applicable use-
specific standards for that use authorizes that use only. Development or use of a property for any
other use not specifically allowed in Table 10-3.1: Allowed Uses, and approved under the
appropriate process is prohibited.
(E) Classification of New and Unlisted Uses
When application is made for a use category or use type that is not specifically listed in Table 10-
3.1, the following procedure shall be followed:
(1) The Director shall provide an interpretation as to the use category and/or use type into which
such use should be placed. In making such interpretation, the Director shall consider its
potential impacts, including but not limited to: the nature of the use and whether it involves
dwelling activity; sales; processing; type of product, storage and amount, and nature thereof;
enclosed or open storage; anticipated employment; transportation requirements; the amount
of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the
general requirements for public utilities such as water and sanitary sewer. When
considering an unlisted use in any zoning district as part of an interpretation, the Director
shall also determine whether additional use-specific standards are necessary in addition to
the standards in this Code.
(2) Any such interpretation shall be made available to the public and shall be binding on future
decisions of the City until the Director makes a different interpretation or this Development
Code is amended to treat the use differently.
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 33
(3) On interpreting an unlisted use as allowed in a zoning district, and finding that the use is likely
to be common or would lead to confusion if it remains unlisted, the Director may initiate an
application for a text amendment to this Code in accordance with §10-5.4(D), Amendment to
Text of Development Code, to list the use in Table 10-3.1: Allowed Uses, as a permitted use or
special exception use, as appropriate. Until final action is taken on the amendment
application, the interpretation of the Director shall be binding.
(F) Multiple Principal Uses
(1) A development may include a single principal use with one or more accessory uses that are
customarily incidental and subordinate to the principal use (e.g., home occupation as
accessory to a dwelling, or administrative offices as accessory to a school or manufacturing
use).
(2) A development may also include multiple principal uses, none of which is necessarily
customarily incidental or subordinate to another principal use (e.g., a place of worship
combined with a school, a gas station combined with a convenience store, restaurant, or
automotive repair use, or a flex building housing retail, industrial service, and warehousing
tenants).
(3) A development with multiple principal uses shall include only those principal uses
designated in the use tables as allowed in the applicable zoning district, and each principal
use shall be subject to any use-specific standards applicable to the use.
(G) Licenses and Permits Required
All uses required by the State of Florida or the federal government to have an approval,
license, or permit to operate issued by the State or by another public, quasi-public, or
regulatory agency are required by the City of Tamarac to obtain and maintain such approval,
license, or permit at all times.
(H) Table of Allowed Uses
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
RESIDENTIAL
Household
Living
Dwelling,
live/work P P P P P 10-3.3(B)(4)
Dwelling,
manufactured
home
P P P 10-3.3(B)(5)
Dwelling, multi-
family P P P P 10-3.3(B)(5)(h)
Dwelling, single-
family P P P P
Dwelling, two-
family P P 10-3.3(B)(7)
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 34
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Group
Living
Assisted living
facility, nursing
home,
convalescent
facility
P P P P P P
Community
residential
home, Type I
P P P P 10-3.3(B)(1)
Community
residential
home, Type II
P 10-3.3(B)(2)
Continuing care
retirement
community
P P 10-3.3(B)(3)
PUBLIC, INSTITUTIONAL, AND CIVIC
Community
and Cultural
Facilities
Club or lodge,
private P P P P
P
P
Country club SE 10-3.3(C)(7)
Hall for hire SE SE SE
Library, art
gallery, or
museum
P P P P P P 10-3.3(C)(9)
Municipal
facilities P P P P P P P P P P P P P P 10-3.3(C)(10)
Religious
assembly P P P P P 10-3.3(C)(3)
Stadium or arena SE SE SE
Day Care
Facilities
Adult day care
center P P P P P 10-3.3(C)(1)
Child care facility SE SE SE SE SE 10-3.3(C)(4)
Education-
al Facilities
Business, trade,
or vocational
schools, Heavy
P P P 10-3.3(C)(8)
Business, trade,
or vocational
schools, Light
P P P P 10-3.3(C)(8)
College or
university SE SE 10-3.3(C)(8)
Parochial school,
incidental SE SE SE SE SE SE 10-3.3(C)(3); 10-
3.3(C)(8)
School SE SE SE SE SE P SE 10-3.3(C)(8)
Health
Care
Facilities
Clinic, medical,
urgent care, or
dental
P P P P P P 10-3.3(C)(5)
Detoxification
facility P
Hospital, public
or private P
Parks and
Open
Space
Botanical garden
Golf course P
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 35
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Community
garden P P P A A A A A A 10-3.3(C)(6)
Park and
playground P P P P P P P
COMMERCIAL
Agricultur
e and
Animal-
Related
Services
Agriculture,
general
Animal boarding
kennel SE P P 10-3.3(D)(3)
Pet care daily P P P P P 10-3.3(D)(13)
Stable
Veterinary
office/clinic P P P P P
Food and
Beverage
Services
Bar, lounge, or
tavern SE SE SE SE A
Bottle club
Brewery P P P P P 10-3.3(D)(5)
Nightclub SE SE A 10-3.3(D)(10)
Restaurant P P P P P A 10-3.3(D)(14)
Restaurant with
microbrewery P P 10-3.3(D)(14)
Restaurant, fast
casual (with or
w/o drive-
through)
SE SE SE SE 10-3.3(D)(14)
Restaurant, fast
food (with or w/o
drive-through)
SE SE SE 10-3.3(D)(14)
Funeral
and
Internment
Services
Cemetery or
mausoleum P
Crematorium P
Funeral home P P P P
Lodging Bed and
breakfast P P P
Hotel P P SE 10-3.3(D)(8)
Offices,
Business,
& Prof.
Services
Bank/financial
institution P P P P P 10-3.3(D)(4)
Office,
professional and
business
P P P P P P P 10-3.3(D)(11)
Telephone call
center P
Personal
Services
Coin laundry and
dry cleaning (no
chemical
processing
onsite)
P P P P
Day spa P P P P 10-3.3(D)(7)
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 36
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Dry cleaning
(chemical
processing
onsite)
P P
Massage
establishment SE SE 10-3.3(D)(9)
Stylist/salon P P P P P
Tailor/shoe
repair P P P P P
Tattoo or body-
piercing
establishment
P
Recreation
and
Entertain-
ment
Adult
entertainment SE 10-3.3(D)(1)
Amusement
arcade P 10-3.3(D)(2)
Fitness and
recreational
sports center
P P P P A
Indoor
recreation,
general
commercial
P P P
Movie theater,
indoor SE P
Outdoor
recreation,
general
commercial
P P
Shooting range SE
Retail
Sales
Bulk pool
chemical sales P P 10-3.3(D)(6)
Equipment sales
and repair, heavy P P
Farmer’s
market, outdoor P P P P T
Nursery
Pawn shop
Personal and
household goods
repair
P P P P P 10-3.3(D)(12)
Print shop P P P P
Retail sales,
general: < 10,000
sq. ft.
P P P P P P A A 10-3.3(D)(15)
Retail sales,
general: ≥10,000
sq. ft.
P P P P 10-3.3(D)(15)
Thrift,
consignment,
and used
merchandise
A P P A
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 37
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Vehicles
and
Equipment
Boat and marine
sales P
Vehicle fuel
sales SE 10-3.3(D)(16)
Vehicle rental SE P P 10-3.3(D)(17)
Vehicle sales,
new SE P P
Vehicle sales,
used SE SE SE 10-3.3(D)(19)
Vehicle service
and repair, major A P P 10-3.3(D)(18)
Vehicle service
and repair, minor SE A P P 10-3.3(D)(18)
INDUSTRIAL
Communi-
cations Broadcast studio SE P P P
Communication
facility P P
Motion picture
studio SE P
Industrial
Services
Building material
sales, indoor
retail
P P
Building material
sales, outdoor or
wholesale
P P
Industrial
service, general P P
Laboratory,
research P
Mfg. and
Production Assembly, light P P P
Food processing P P
Manufacturing,
artisan P P P P
Manufacturing,
heavy P
Manufacturing,
light P P P
Utilities Utility facility,
major SE SE P P
Utility facility,
minor P P P P P P P P P P P P P P
Wind energy
conversion
system
SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10-3.3(E)(4)
Ware-
house,
Wholesale,
and Freight
Movement
Contractor's
storage yard and
supply
P P
Distribution
center P
Food and other
products,
wholesale
P P P
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 38
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Parcel delivery
service P P
Personal hobby
activity P
Self- storage,
indoor P P P 10-3.3(E)(3)
Self- storage,
outdoor
Storage
buildings P P P
Wholesale
establishment P P P
Waste and
Salvage
(See
Broward
County’s
M-3
Intense
Manufactu
ring and
Industrial
District for
additional
uses
permitted
under SE in
I-2.)
Auto towing SE
Auto wrecking
and salvage yard SE 10-3.3(E)(1)
Recycling
facilities SE 10-3.3(E)(2)
Wireless
communi-
cation
facilities
Alternative
tower structure
in right-of-way
P p p p p p p p p p p p p p 10-3.3(E)(4)
Alternative
tower structure
not in right-of-
way
SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10-3.3(E)(4)
Base station in
right-of-way P p p p p p p p p p p p p p 10-3.3(E)(4)
Base station not
in right-of-way SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10-3.3(E)(4)
Eligible facilities
request P p p p p p p p p p p p p p 10-3.3(E)(4)
Small cell facility P p p p p p p p p p p p p p 10-3.3(E)(4)
Tower SE SE SE SE SE SE SE SE SE SE SE SE SE SE 10-3.3(E)(4)
ACCESSORY USES
Accessory
dwelling unit A A A A 10-3.4(D)(1)
Assembly hall A A A A A A A 10-3.3(C)(3)
Bingo game A A A 10-3.4(D)(2)
Building-
mounted or
rooftop antenna
A A A A A A A A A A
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 39
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Car wash and
auto detailing,
Automatic
A A
10-3.4(D)(3)
Car wash and
auto detailing,
Non-automatic
A A
10-3.4(D)(3)
Dormitory or
residence hall A A A
Drive-through
service facility A A A 10-3.4(D)(4)
Dwelling,
caretaker A A A A A A A 10-3.4(D)(5)
Garage or
carport A A A A A A A A A A A A A A
Home
occupation A A A A A A A A 10-3.4(D)(5)
Outdoor courts,
fields,
playgrounds and
pools
A A A A A A A A A A 10-3.4(D)(8)
Outdoor seating,
commercial A A A A A A 10-3.4(D)(8)
Outdoor storage
non-sales,
accessory
A A A A 10-3.4(D)(10)
Outdoor vehicle
storage,
accessory
A A A A A A A 10-3.4(D)(11)
Satellite dish A A A A A A A A A A A A A A 10-3.4(D)(12)
Small wind
energy system,
accessory
A A A A A A A A A A A A A A 10-3.4(D)(13)
Solar energy
collection
system,
accessory use
A A A A A A A A A A A A A A 10-3.4(D)(14)
Utility shed A A A A A A A A A 10-3.4(D)(16)
Other accessory
uses that comply
with Code
standards
A A A A A A A A A A A A A A
TEMPORARY USES
Construction-
related structure
or facility
T T T T T T T T T T T T T T 10-3.5(G)(2)
Food truck T T T T T T T T 10-3.5(G)(3)
Garage or yard
sale T T T T 10-3.5(E)(2)
Mobile
classroom,
temporary
T T T T T T T 10-3.5(G)(4)
Model home T T T T T T T 10-3.5(G)(5)
Article 3 Use Regulations
10-3.2 Table of Allowed Uses
10-1.1(A)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 40
Table 10-3.1: Allowed Uses
P = Permitted SE= Special Exception Blank cell = Prohibited
A = Accessory T= Temporary
Use
Category Use Type
Residential Mixed-Use and Nonresidential Special
Purpose Use Stds
R
E
R
1
R
2
R
3
M
U
N
M
U
C
M
U
G
N
C
B
P
I
1
I
2
P
F
R
C
S
U
Office space/
equipment
storage,
temporary
T T T T T T
Outdoor sales,
seasonal T T T T 10-3.5(E)(3)
Portable storage
unit, temporary T T T T T T T T T T T T T T 10-3.5(G)(6)
Real estate sales
office T T T T T T T
Special event T T T T T T T T T T T T T T 10-3.5(E)(4)
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 41
10-3.3 Use-Specific Standards
(A) General - All Uses
(1) Cross-References in Table of Allowed Uses
All uses associated with a use-specific standard as indicated in the right-hand column of
Table 10-3.1: Allowed Uses, shall comply with the applicable standards in this section. All
development shall also comply with applicable provisions of Article 4: Development and
Design Standards.
(2) Resolution of Conflicting Standards
In case of a conflict between these use-specific standards and the requirements in Article 4:
Development and Design Standards, these use-specific standards shall apply, unless
otherwise noted.
(3) Conformance with Broward County Land Use Plan
All land uses shall conform to the standards and regulations of the Broward County Land Use
Plan. The County’s flex/redevelopment units may be applied to a different arrangement of
commercial and residential acreage than that shown on the Broward Land Use Plan, if
consistent with the Administrative Rules Document: BrowardNext. See §10-5.4(S), Flex and
Redevelopment Units.
(4) Required Spacing Does Not Create Nonconforming Uses
Where these use-specific standards require spacing between uses, no existing use that
complied with applicable spacing requirements when it was created shall be made
nonconforming because of the later location of any facility closer than the required spacing,
or because of an amendment to this LDC changing any applicable spacing distance.
(5) On-site Dispensing of Controlled Substances
Unless otherwise expressly permitted by statutory or general law, on-site dispensing of
controlled substances that are identified in Schedule II, III or IV in F.S. §§ 893.03, 893.035 or
893.0356, is prohibited, regardless of zoning district. The following are exempt from this
prohibition:
(a) A health care practitioner when administering a controlled substance directly to a
patient if the amount of the controlled substance is adequate to treat the patient during
that particular treatment session;
(b) A pharmacist or health care practitioner when administering a controlled substance to a
patient or resident receiving care as a patient at a hospital, nursing home, ambulatory
surgical center, hospice or intermediate care facility for the developmentally disabled
which is licensed in this state;
(c) A health care practitioner when administering a controlled substance in the emergency
room of a licensed hospital;
(d) A health care practitioner when administering or dispensing a controlled substance to a
person under the age of 16; and
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 42
(e) A health care practitioner when dispensing a onetime, 72-hour emergency resupply of a
controlled substance to a patient.
Any request for reasonable accommodation to the prohibition of on-site dispensing of
controlled substances, as listed above, shall be submitted in accordance with §10-5.4(P),
Administrative Adjustment.
(6) Performance Standards
No use shall be permitted within the city that does not conform to the minimum standards of
use and operation set forth in this section.
(a) Emissions
Any emission of particulate matter from any type of process or equipment that creates a
public nuisance or violates the standards adopted by the applicable regulatory agency,
when measured at adjacent residential property lines and at property lines of any
nonutility district within 200 feet, are prohibited.
(b) Noise
(i) General Prohibition
A. No person shall make, continue, or cause to be made or continued:
1. Any loud or raucous noise; or
2. Any noise that is plainly audible and disturbs, injures, or endangers the
comfort, repose, health, peace, or safety of reasonable persons of
ordinary sensitivity, within the jurisdictional limits of the city; or
3. Any noise that is plainly audible; that is so harsh, prolonged, unnatural, or
unusual in time or place as to occasion discomfort to any persons within
the neighborhood from which said noises emanate, or as to interfere with
the peace and comfort of neighbors or their guests, or operators or
customers in places of business, or as to detrimentally or adversely affect
such residences or places of business.
B. Factors for determining whether a sound is loud and raucous include, but are
not limited to, the following:
1. The proximity of the sound to sleeping facilities, whether residential or
commercial;
2. The land use, nature, and zoning of the area from which the sound
emanates and the area where it is received or perceived;
3. The time of day or night the sound occurs;
4. The duration of the sound; and
5. Whether the sound is recurrent, intermittent, or constant.
(ii) Prohibited Acts Enumerated
The following acts, among others, are declared to be unlawful noises and shall
constitute a per se violation of this section, but this enumeration shall not be
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 43
deemed to be exclusive. No sound level measurement is needed to prove the
existence of the following unlawful noises:
A. The sounding of any horn or signal device on any automobile, motorcycle, bus
or other vehicle while not in motion, for more than 10 consecutive seconds that
is plainly audible from the property of another, except as a danger signal if
another vehicle is approaching apparently out of control, or, if in motion, only
as a danger signal after or as brakes are being applied and deceleration of the
vehicle is intended;
B. The playing, using, operating or permitting to be played, used or operated, any
radio, phonograph or musical instrument, or other machine or device for the
producing or reproducing of sound in such a manner or with such volume, that
is plainly audible to any person other than the player(s) or operator(s) of the
device, and those who are voluntarily listening to the sound, and is plainly
audible from a public street, the adjacent lot nearest to the source, or at a
distance of 25 feet or more, particularly during the hours between 11:00 p.m.
and 7:00 a.m.;
C. Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess
of a normal conversational level, any of which occurs between the hours of
11:00 p.m. and 7:00 a.m., so as to create a plainly audible sound across a
residential real property line or on a public right-of-way or public property, or
that is plainly audible to an occupant of a dwelling unit within a building other
than an occupant of the unit from which the sound emanates, that can be heard
from a distance of 25 feet or more from the source, particularly in noise
sensitive areas. This section is to be applied only to those situations where the
disturbance is not a result of the content of the communication but due to the
volume, duration, location, timing or other factors not based on content;
D. The owning, possessing or harboring of any animal, bird or fowl which
persistently barks, bays, cries, howls, meows, squawks or makes other noise
so as to disturb the sleep, peace or quietude of any inhabitant of the city so that
the noise emitted by such animal, bird or fowl is plainly audible from a public
street, and/or from a distance of 25 feet and/or from the adjacent lot nearest to
the building, structure, or yard in which the animal or bird is located. A person
is responsible for an animal if the person owns, controls, or otherwise cares
for the animal or bird. It shall be an affirmative defense to any charge
hereunder that such animal, bird or fowl was emitting such noise in response
to an intrusion upon the premises by any person;
E. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or
in such manner as to cause loud grating, grinding, rattling or other noise that is
plainly audible from a distance of 25 feet or more;
F. The blowing of any steam whistle attached to any stationary boiler, except to
give notice of the time to begin or stop work, or as a warning of fire or danger,
or upon request of proper city officials;
G. The discharge into the open air of the exhaust of any steam engine, stationary
internal-combustion engine, motor vehicle or motorboat engine, except
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 44
through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
H. Operating or permitting the operation of powered model vehicles, either
airborne, waterborne, or landborne, which are designed not to carry persons
or property, such as, but not limited to, model airplanes, boats, cars, rockets,
and which are being propelled by mechanical means, within a public recreation
area or park other than those areas specifically designated for such purpose
by the city commission.
I. Loudspeakers, amplifiers for advertising. The using, operating or permitting to
be played, used, or operated, of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier or other machine or device for the
producing or reproducing of sound between the hours of 11:00 p.m. and 7:00
a.m. in the following areas:
1. Within or adjacent to residential or noise-sensitive areas;
2. Within public space if the sound is plainly audible across the real property
line of the public space from which the sound emanates, or is plainly
audible at a distance of 25 feet or more from the source.
This shall not apply to any public performance, gathering, or parade for which a
permit has been obtained from the city.
J. Schools, courts, religious assemblies, hospitals. The creation of any noise on
any street adjacent to any school, institution of learning, church or court while
the same are in use, or adjacent to any hospital, which is plainly audible within
such school, court, public building, place of worship or hospital, from a
distance of 25 feet from the noise, and interferes with the operation of the
institution, provided conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
(iii) Exemptions
None of the terms of prohibition of subsections (i) and (ii) above shall be applied to
or enforced against the following:
A. Any vehicle of the City while engaged in necessary public business;
B. Excavations or repairs of bridges, streets or highways by or on behalf of the
city, county or the state during the night, when the public welfare and
convenience render it impossible to perform such work during the day;
C. An electrically amplified siren system for use as a warning to golfers of danger
from nearby lightning activity, when located on the grounds of a golf course,
and when the following guidelines are utilized:
1. The siren shall be a system approved by Underwriters' Laboratories, Inc.,
and installed by a trained and licensed electrician, after appropriate
permits are obtained.
2. The loudspeakers for such system shall not be located within 200 feet of
any hospital or private residence.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 45
3. The siren's signal shall be manually activated only at the direction of the
golf course manager or his designee and only when an imminent or early
threat of lightning activity is indicated by atmospheric conditions or
broadcasted meteorological reports.
4. The following United States Golf Association recommended signals shall
be used:
a. Discontinue play—Three short consecutive notes of siren, repeated
for a period not to exceed 30 seconds in any fifteen-minute period.
b. Resume play—One prolonged note of siren, repeated for a period not
to exceed 15 seconds in any 15 minute period.
c. These standardized signals and their meanings shall be prominently
displayed in the clubhouse and at the first tee to inform all golf
players.
5. Prior to the installation of a lightning warning siren, a permit from the
building department shall be obtained. A permit fee shall be set by
resolution of the city commission. The fee shall cover the initial and
subsequent yearly inspections by the building department to ensure the
proper functioning of the siren system.
6. Any operation of the siren system without a valid permit or in
contravention of the standards enumerated in this subsection shall
constitute a violation. Each violation shall subject the owner of the
property on which the siren system is located to a fine as established by
the City. The third violation within a calendar year shall be grounds for
revocation of a permit unless the permit holder can demonstrate in a
hearing before the City Commission that measures are being taken to
eliminate the incidents of unwarranted operation of the siren system.
D. Noises of authorized safety signals and warning devices;
E. The generation of sound for the purpose of alerting persons to the existence of
an emergency;
F. Noises resulting from any authorized emergency vehicle;
G. Noises resulting from emergency work, which is to be construed as work
made necessary to restore property and/or utilities to a safe condition
following a public emergency, or work required to protect persons or property
from any imminent exposure to danger. This exemption will include noises
from emergency communications and utility work following a public calamity
and in connection with restoration of service operations.
H. Noises resulting from community events such as fairs, sporting events, school
activities, community festivals, etc., provided that the event has been approved
by the City Commission as a special event.
I. Noises relating to the use of lawn mowers or other machinery for landscaping
purposes at golf courses shall be permitted between the hours of 6:00 a.m. and
6:00 p.m.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 46
(iv) Radios, Other Devices Casting Sounds Upon Public Places
It shall be unlawful for any person to maintain and operate in any place or on any
premises in the city any radio or other mechanical musical instrument or device of
any kind, whereby the sounds therefrom are cast directly upon public streets and
places.
(v) Hours of Operation—Outdoor Amusements
It shall be unlawful for the owner of, or any person employed at, any place where an
outdoor amusement is operated, to operate or conduct such business between the
hours from 10:00 p.m. to 6:00 a.m. of each day, whereby noise emitting therefrom
shall be plainly audible from a distance of 25 feet, or the property of another.
(vi) Noisy Businesses, Work, etc., Generally
It shall be unlawful for any person to perform labor or work or to operate or conduct
any business or enterprise in the city on any day, except between the hours of 8:00
a.m. and 6:00 p.m., in a noise sensitive area, which creates noise that is plainly
audible from a distance of 25 feet, or from the property of another. If any emergency
exists, or conditions with reference to the operation of any business are such that it
would be unjust and inequitable for the same not to be operated during the
prohibited hours, upon application made to the city manager and after an
investigation has been made, the city manager may issue a temporary permit
authorizing any business to operate during specified extended hours and under
specific conditions, if any, for a period no longer than 45 days. Only the city
commission may issue a permit for any limited time period that exceeds 45 days
through a resolution of the city commission. The city commission may attach
specific conditions to any permit that it approves pursuant to this section.
(vii) Vehicle Fuel
It shall be unlawful for the owner of or any person employed at any gasoline filling
station located within 300 feet of a noise sensitive area in the city to carry on or
conduct any business thereat from 11:00 p.m. to 6:00 a.m. of each day, whereby loud
noises that are plainly audible form a distance of 25 feet, or from the property of
another, are caused thereby.
(viii) Tennis or Basketball Playing
A. Restriction
It shall be unlawful for any person to engage in or permit the playing or practice
of tennis or basketball on a court that is located in this city and close to
dwellings or apartments, so that the noise emitted from such games disturbs
or is detrimental to the health, peace and quiet of any occupants thereof, during
the night hours after 9:30 p.m.; and the lights illuminating such tennis or
basketball courts shall be extinguished not later than 9:30 p.m., local time.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(A) General - All Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 47
B. Exemption
Any tennis or basketball court that is owned or operated by a condominium
association, a homeowner's association, a golf club, or a tennis club is
exempted from this section.
C. Special Exception
If any owner or operator of a tennis or basketball court furnishes proof to the
city commission that all neighbors within a radius of 300 feet from the tennis
court approve the operation of the tennis or basketball court for the evening
hours after 9:30 p.m., local time, then upon such proof the commission shall
exempt by a special exception such tennis or basketball court.
(ix) Measurement of Noise
In determining whether a violation of this section has occurred, the complaint of
noise shall be measured by the code enforcement division or police department
according to the following plainly audible standard:
A. The primary means of measurement shall be by ordinary, auditory senses of a
reasonable person with normal sensitivities, so long as any mechanical device
does not enhance their hearing, such as a microphone or hearing aid.
B. The measurement shall be taken on, or as near as possible to the real property
line of the property upon which the sound source is located, and in any event
from a location not less than 25 feet from the source measured in a straight
line.
(x) Enforcement
A. Any citizen wishing to register a complaint of alleged noise disturbance
violations shall be required to sign a sworn statement including the details of
the complaint in order for a law enforcement or code enforcement officer to
investigate and cite the alleged offender. When a noise disturbance complaint
is received by the city, the code enforcement division or police department
shall investigate the complaint to verify whether a noise disturbance violation
has occurred.
B. This requirement shall not preclude a law enforcement or code enforcement
officer from citing any alleged offender based on his or her own observations
whether or not a complaint has been made.
C. If a complaint is verified by the code enforcement division or police
department, or a noise disturbance violation is independently observed by the
code enforcement division or police department, a police report or written
report from the code enforcement officer will be generated documenting the
date and time of the incident and the officer's observations.
D. An alleged violation of this article shall be presented to the special magistrate
in accordance with 10-5.5(C), Enforcement Responsibility and Procedures.
E. Any person found violating this article shall be subject to a fine, in accordance
with 10-5.5(D), Remedies and Penalties.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(B) Residential Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 48
F. Each occurrence shall constitute a separate violation and shall be adjudicated
before the code enforcement board or special magistrate.
G. Any violation of this section shall constitute a nuisance. The office of the city
attorney may bring suit on behalf of the city, or any affected citizen may bring
suit in his/her name against the person or persons causing or maintaining the
nuisance, or against the owner/agent of the building or property on which the
nuisance exists. Relief may be granted according to the terms and conditions
of Chapter 60, Florida Statutes, as amended from time to time.
(B) Residential Uses
(1) Community Residential Home: Type I (Six or Fewer Residents)
A community residential home Type I with six or fewer residents shall not be located within a
radius of 1,000 feet of another existing such community residential home type I with six or
fewer residents, per F.S. §419.001(2), as amended.
(2) Community Residential Home: Type II (Seven to 14 Residents)
(a) A community residential home Type II with seven to 14 residents shall not be located
within a radius of 1,200 feet of another existing community residential home Type I with
six or fewer residents or another existing community residential home type II with seven
to 14 residents, per F.S. §419.001(3)(c), as amended.
(b) A community residential home Type II with seven to 14 residents shall not be located
within a radius of 500 feet of a single-family zoning district, per F.S. §419.001(3)(c), as
amended.
(3) Continuing Care Retirement Community
The major component parts of a continuing care retirement community shall each comply
with the standards applicable to the principal use most closely representing the component,
as determined by the Director. All continuing care retirement communities shall comply with
the performance and density standards as described in the Broward County Land Use Plan.
For example, nursing home facility standards shall apply to the skilled nursing services
components; assisted living facility standards for assisted living services component; and
single-family, two-family, and/or multifamily dwelling standards, as appropriate, for the
independent living component.
(4) Dwelling, Live/Work
(a) Residential units within the same structure as commercial uses for the owner or
manager of the commercial use may be located in areas designated commercial without
the application of flex or redevelopment units.
(b) The residential portion of the use shall occupy at no more than 50 percent of the total
gross floor area.
(c) The nonresidential portion of the building shall be located on the ground floor.
(d) Drive-through service is prohibited as an accessory use.
(e) The unit shall include a complete kitchen space and sanitary facilities.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(C) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 49
(f) The working space shall be reserved for and regularly used by one or more occupant of
the unit.
(5) Dwelling, Manufactured Home
(a) The dwelling’s length shall be no more than four times its width.
(b) The roof shall have a minimum pitch of five feet or rise to 12 feet of horizontal run, and
shall be finished with a type of shingle or other roofing material commonly used in the
construction of single-family detached dwellings.
(c) Exterior siding shall consist predominantly of vinyl or aluminum horizontal lap siding
(with reflectivity no greater than gloss white paint), wood, or hardboard that is
comparable in composition, appearance, and durability to the exterior siding commonly
used in the construction of single-family detached dwellings.
(d) The home shall have a permanent masonry foundation around the entire exterior
perimeter of the structure.
(e) The front door of the manufactured home shall face a street.
(f) Any moving hitch, tongue, wheels, axles, and transporting lights shall be removed before
occupancy of the dwelling.
(g) The design shall be in keeping with the character of the surrounding neighborhood.
(h) A manufactured home that is less than 18 feet in width is only permitted in a mobile home
park or manufactured home park existing on the effective date of this Code.
(6) Dwelling, Multiple-Family
All multi-family development shall comply with the site design and performance standards in
§10-4.6, Multi-family Residential Site and Building Design.
(7) Dwelling, Two-Family
(a) At least one habitable room or garage in each unit shall adjoin for a distance not less
than ten feet in length.
(b) Private outdoor areas shall be provided for each unit visually screened from the
adjoining dwelling unit.
(c) Each unit of a duplex building may have separate ownership.
(C) Public, Institutional, and Civic Uses
(1) General Standards for Non-Business Community Facilities
For all non-business community facilities as defined in §10-6.3, the following location
requirements shall apply:
(a) No more than a total of two non-business community facility uses may be located within
one shopping center regardless of the amount of total building gross floor area
occupied;
(b) The area used by non-business community facility uses shall not exceed 20 percent of
the total building gross floor area; and
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(C) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 50
(c) Properties that exceed the maximum number of two non-business community facility
uses, regardless of the amount of total building gross floor area occupied as of July 12,
2018, must amortize out non-business community facility uses that exceed the
maximum of two non-business community facility uses per property within 10 years
from the effective date of this code. As spaces that are currently occupied by non-
business community facility uses and that exceed the maximum of two uses become
vacant, only business uses may occupy the space, as listed in Table 10-3.1: Allowed Uses
for that particular zoning district.
(2) Adult Day Care Center
An adult day care center shall comply with all applicable state licensing requirements.
(3) Assembly Hall; Religious Assembly (including Incidental Parochial School)
Any assembly hall or religious assembly use, including any parochial school allowed
incidental to such an institution on the same premises located within a freestanding
structure shall comply with the following:
(a) Site Characteristics
(i) The use shall be located on a plot having at least 25,000 square feet of lot area and
having at least 100 feet of street frontage.
(ii) The coverage of all roofed structures shall not exceed 50 percent of the plot area.
(iii) No building or roofed structure shall be located within 40 feet of any other
residentially zoned property.
(iv) No parking area shall be located within ten feet of any lot line.
(b) Location
The use shall be located in a freestanding single-use structure(s), unless the use is
accessory to a community service, museum, performing arts, theater, cinema, Florida
college system institution, or college or university facilities; or unless the use meets the
criteria in §10-3.3(C)(1).
(4) Child Care Facility
(a) County Regulations
The facility shall comply with all applicable regulations, including licensing
requirements, in the Broward County Child Care Ordinance (Chapter 7 of the Broward
County Code of Ordinances), as amended.
(b) Physical Facilities
(i) No setback or yard area required by this Code shall be used as usable area of
outdoor space per child, as defined in the county regulations, nor shall the yard or
setback area be calculated to arrive at the necessary usable area of the outdoor
space per child as required by county regulations.
(ii) Outdoor play areas in the facility shall be:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(C) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 51
A. Safely segregated from accessways and parking, loading, or service areas;
and
B. Not operated for outdoor play activities after 8:00 p.m.
(c) Vehicular Access and Circulation
Vehicular access and circulation shall:
(i) Be designed to enhance the safety of children as they arrive and leave the facility;
and
(ii) Provide a designated passenger pick-up and delivery area that includes at least one
loading/unloading space the size of a standard parking space per 20 children and is
located adjacent to the child care facility in such a way that children do not have to
cross vehicular accessways to enter or exit the facility. If a designated pick-up area
is not feasible directly adjacent to the entry of the facility, the drive aisle that must be
traversed to enter the facility shall be clearly marked as a crosswalk and signage
posted to identify this crosswalk and alert drivers that the crosswalk is utilized by
children.
(d) Adjacent Establishments Emitting Noxious or Offensive Odors
No child care center shall be established in any area of the city where it would be
immediately contiguous to a business that would from time to time emit noxious or
offensive odors, or from which would be emitted fumes that could be detrimental to the
health, safety or welfare of minor children.
(e) Family Child Care Facility
A family child care home is a licensed residence in which child care is regularly provided
for compensation (e.g., payment, fee, or grant)—whether or not operated for profit—for
children that come from at least two unrelated families.
(i) It may provide care for one of the following:
A. Up to four children, where all are under 12 months old;
B. Up to six children, where no more than three are under 12 months old;
C. Up to six children, where all are preschool age (from 13 months to 5 years old);
or
D. Up to ten children, where no more than two are under 12 months old and no
more than five are preschool age.
(ii) The numerical limits above apply throughout the year, and the children counted
include those children under 13 years old who are related to the caregiver.
(iii) A family child care home does not include use of a private residence for an informal
cooperative arrangement among neighbors or relatives, or the occasional care of
children (with or without compensation).
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(C) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 52
(5) Clinic, Medical, Urgent Care, or Dental
The use may be allowed in the R3 district subject to compliance with the Broward County
Land Use Plan.
(6) Community Garden
(a) This use shall be limited to the propagation and cultivation of plants.
(b) Accessory structures such as hoop houses, shade structures, and storage sheds are
allowed, but no such structure shall be more than eight feet in height or located closer
than 10 feet to a property line, and the total area covered by structures shall not exceed
25 percent of the site area.
(c) If accessory to a residential use, the community garden shall be located in a common
area, not in private property for a single residential unit.
(d) Operation of power equipment or generators shall not occur between the hours of 10:00
P.M. and 7:00 A.M.
(e) The site drainage and maintenance shall prevent water and fertilizer from draining onto
adjacent property that is not part of the contiguous land in urban agricultural use.
(7) Country Club
A bar may be operated at a public or private country club through special exception approval
of the city commission. Such special exception approval shall be consistent with the
provisions governing special exceptions as set out in this Code. If a restaurant is operated on
site, it shall comply with the regulations concerning restaurants in §10-3.3(D)(14),
Restaurant, With or Without Microbrewery.
(8) Educational Facilities
Educational facilities located in shopping centers shall meet the criteria in §10-3.3(C)(1).
(9) Library, Art Gallery, or Museum
Libraries, art galleries, or museums located in shopping centers shall meet the criteria in
§10-3.3(C)(1).
(10) Municipal Facilities
Municipal facilities located in shopping centers shall meet the criteria in §10-3.3(C)(1).
(11) School
(a) General
A proposed school pursuing a Special Exception shall comply with the following criteria:
(i) The proposed use is compatible with the existing natural environment and
community character of the properties within the immediate neighborhood.
(ii) The proposed use is deemed desirable for public convenience, and not injurious or
otherwise detrimental to the public health, safety, comfort, and welfare.
(iii) The design of the proposed use shall minimize adverse effects, including noise, light,
dust or other potential nuisances, of the proposed use on adjacent property through
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 53
the use of building orientation, setbacks, buffers, landscaping and other design
criteria consistent with the city regulations to the greatest extent possible. Entire
site shall be void of any pre-existing code violations
(iv) There are adequate parking areas and off street truck loading spaces (if applicable)
consistent with the parking requirements of the Code, and the layout of the parking
and vehicular use areas is convenient and conducive to safe operation consistent
with the city standards to the greatest extent possible.
(v) That there will be adequate provisions for traffic movement, both vehicular and
pedestrian internal to the use and adequate measures exist or shall be taken to
provide ingress and egress to the proposed use, for both vehicles and pedestrian, in
a manner that minimizes traffic congestion in the public streets, and the use may not
result in a significantly greater amount of traffic on local streets than would result
from a development permitted by right.
(vi) That the land area is sufficient, appropriate and adequate for the use and for any
reasonably anticipated expansion thereof.
(vii) Provide freestanding single use structure(s) unless the school is accessory to a
library, community service, museum, performing arts, theater, cinema, church,
Florida college system institution, college or university facilities.
(viii) Provide a minimum lot size of three acres.
(ix) Provide a student drop off area for motorists that is dedicated to drop off activities
and will not interfere with onsite parking. The appropriate length and dimensions of
the drop off area shall be identified in the traffic study.
(b) RC District
In the RC district, public and private elementary, middle, or high schools may be allowed
on lots greater than 6.5 acres in size with a land use designation of "Recreation," subject
to the special exception procedures in §10-5.4(G), Special Exception. Private schools
shall offer curricula substantially equivalent to public schools of comparable grades and
shall meet the academic requirements of the state department of education.
(D) Commercial Uses
(1) Adult Entertainment
(a) Zoning Districts and Distance Limitations
(i) No adult entertainment business, where permitted, shall be located within 1,000 feet
of any other adult entertainment business, or within 1,000 feet of a church or other
place of religious worship or a school; or a residentially zoned district; or a publicly
owned or operated park, playground, library or other recreational facility within or
without the city's boundaries.
(ii) Measurement shall be from the entrance of the adult entertainment business to the
nearest point of entrance of the church or other place of religious worship, school,
nearest point of any residentially zoned district within or without the city's
boundaries, or nearest point of a publicly owned or operated park, playground,
library or other recreational facility within or without the city's boundaries.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 54
(b) Requirements for Premises, Off-street Parking
(i) All building openings, entries, windows, doors or other apertures for adult business
shall be located, covered or screened in such a manner as to prevent a view into the
interior from any public area; however, such openings shall not be painted out,
blacked out or otherwise obscured in a garish manner.
(ii) If separate booths, rooms, cubicles or other similar areas are provided for use by
clients of the adult entertainment business, such areas may not have doors or other
solid enclosures, but may only have a thin, opaque cloth curtain which may be
opened from the exterior at all times and which does not extend any closer than
three (3) feet to the surface of the floor.
(c) Waiver or Modification of Restrictions
(i) The city commission, after proper application and public hearing, may waive or
modify any of the restrictions of this section upon a finding that:
A. The specific proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and intent of this article will be
observed;
B. The establishment of an additional use of this type in the area will not be
contrary to any program of neighborhood conservation, redevelopment or
improvement, either residential or nonresidential;
C. All other applicable regulations of this article and any other ordinance or law
will be observed.
(ii) In granting any such waiver or modification, the city commission may prescribe any
conditions that it deems necessary in the public interest. All such waivers or
modifications shall be applicable only to the person receiving them, and shall not
run with the land.
(2) Amusement Arcade
(a) State Law
All amusement arcades shall comply with Florida state licensing and regulations per
Florida Statutes.
(b) Gambling Devices
Nothing in this Code shall in any way be construed to authorize, license or permit any
gambling or gambling devices not permitted by state law.
(c) License Required
(i) A license shall be required for all amusement arcades pursuant §12-148 of the City
Code.
(ii) In addition to the licensing requirements contained in §12-148 of the City Code, the
application for an amusement arcade license shall include a statement committing
the applicant to require children under the age of 16 years to be accompanied by a
parent or other adult while in the amusement center.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 55
(d) Hours of Operation; Security
The operation of amusement devices in primary or accessory amusement arcades shall
not be conducted before 10:00 a.m. nor later than 11:00 p.m. except Friday and Saturday
nights, when they shall be permitted two additional hours until 1:00 a.m. of the following
morning. If an amusement arcade has a liquor license for consumption of alcoholic
beverages on its premises, issued by the state, then the lawful hours of operation of the
amusement games shall be expanded to coincide with the hours that are established by
law, regulation or ordinance for the consumption of alcoholic beverages on the
premises.
(3) Animal Boarding Kennel
Boarding or breeding kennels shall not be permitted on any plot that is contiguous to any
residentially-zoned district, or which is separated only by a street, alley, canal, or railroad
right-of-way from a residential district.
(4) Bank/Financial Institution
(a) A drive-through facility shall only be allowed as an accessory use to a bank/financial
institution in compliance with the standards in §10-3.4(D)(4), Drive-Through Service
Facility.
(b) A bank/financial institution shall be allowed in the R3 district subject to compliance with
the Broward County Land Use Plan.
(5) Brewery
(a) Alcoholic beverages sold on the premises shall be limited to those produced on-site.
(b) Off-site or wholesale distribution of products manufactured on the premises is allowed,
as long as it is done from a designated loading area that does not interfere with the public
use of any public right-of-way.
(c) Fermentation and disposal of ingredients used in manufacturing shall be managed so as
to prevent any nuisance effects on surrounding properties.
(d) Outdoor storage is prohibited, except when located in an Industrial district.
(6) Bulk Pool Chemical Sales
(a) Wholesale or bulk non-packaged storage or sale of calcium hypochlorite or muriatic
acid shall not be permitted. Muriatic acid may be sold only if pre-packaged.
(b) The sale and storage of all swimming pool related chemicals and other such supplies
shall be regulated by the standards set forth in the Florida Building Code, Broward
Edition, the provisions of the National Fire Protection Association relating to storage of
liquid and solid oxidizing materials and storage of gaseous oxidizing materials, and
applicable regulations established by Broward County, as amended.
(7) Day Spa
(a) The facility shall offer more than one type of health, beauty, or relaxation service and
shall not be solely a single-use massage establishment.
(b) No services shall be offered or performed between the hours of 9:00 p.m. and 7:00 a.m.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 56
(8) Hotel
(a) All guest rooms shall be accessed from the interior of the structure.
(b) Guest rooms within the hotel shall not be under separate ownership and shall not be
assigned by lease agreement or similar instrument.
(c) A hotel shall, at a minimum, have a central switch board; provide daily room cleaning
service; have a regular staff concierge service; porter service and valet parking.
(d) The hotel structure shall provide elevator service to all floors above grade.
(e) The following accessory uses shall be located within the structure of the primary use:
bar; full-service restaurant; meeting, conference and banquet facilities; office center;
and sundry or gift shop.
(9) Massage Establishment
(a) Massage Therapy Services Certificate Required
No establishment shall offer or provide massage services within the city without a
massage therapy services certificate issued pursuant to this section. All persons
providing massage services at the establishment shall be duly licensed under F.S.
§480.041 et seq.; approved as a massage therapy apprentice as defined in F.S. §480.033,
or possess another valid health care practitioner license duly issued by the Florida
Department of Health pursuant to F.S. Ch. 456.
(i) Application for Businesses
All businesses providing massage services as defined within this Code shall apply
for a massage therapy services certificate from the city. Any operator applying for a
massage therapy services certificate shall include the following information on a
form provided by the city:
A. Proof of valid Florida Board of Massage Therapy license issued to the
establishment in accordance with F.S. §480.043 et seq.; and
B. Proof of valid Florida Board of Massage Therapy or other state health care
practitioner license for all personnel providing massage services at the
establishment, in accordance with F.S. §480.041 et seq. or F.S. Ch. 456; or proof
of Florida Board of Massage apprenticeship approval as defined in F.S.
§480.033, if applicable; and
C. Proof of valid Florida driver’s license or other government-issued
identification for every person and massage therapist working at the
establishment.
(ii) Term of Massage Therapy Services Certificate for Businesses
Once issued, a massage therapy services certificate shall remain valid for a period
of one year, or until there is a change of the use, ownership, name, location of the
establishment from that specified on the approved certificate, or until such time that
the City-issued Business Tax Receipt (BTR) expires.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 57
A. The operator of any massage establishment that holds a certificate shall
submit an application to renew the certificate within 30 days prior to the
expiration date of the current certificate in order to continue operating.
B. When there is a change of the use, ownership, business name, or
establishment name, or establishment location from that specified on the
approved certificate, a new certificate shall be required.
(iii) Requirement to Supply Updated Information
In the first week of each quarter during the term of a massage services certificate,
each establishment holding a certificate shall supply the city with the following
information on a form and in the manner prescribed by the city:
A. Revocation, expiration, or change to the status of the state licenses described
in subsection (ii) above; and
B. Updated state driver’s license or other government-issued identification
information for all personnel providing massage services at the
establishment, including new staff members.
C. Proof of valid licensure of any new employees, pursuant to §10-3.3(D)(9)(a)(i),
within seven days of employment, regardless of monthly report due date.
(iv) Display of Certificate
Establishments shall display the valid certificate in a place easily visible to any
person entering the establishment and shall maintain proof of valid licenses and
identification of each staff member on the premises of the establishment at all times
during operation.
(v) Revocation
A. Grounds for Revocation
The following shall be nonexclusive grounds for revocation of a massage
therapy services certificate:
1. Noncompliance with any provision in §10-3.3(D)(9)(a), Massage Therapy
Services Certificate Required; or
2. Noncompliance with Chapter 480 of the Florida Statutes; or
3. Failure to update information as required by subsection (iii) above of this
section; or
4. The city’s determination that issuance of a certificate was granted based
upon false information, misrepresentation of fact, or mistake of fact by the
representative of the establishment holding the certificate, or his or her
agent.
B. Revocation Procedure
The procedure for revocation of a massage therapy services certificate shall
be in accordance with §12.7 of the City Code, by clear and convincing evidence.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 58
(vi) Exemptions
Massage services in state-licensed hospitals and hospices, or those massages
provided by a massage therapist acting under the direction of a licensed medical
provider or practitioner, shall be exempt from the certificate requirements of this
section.
(b) Prohibited Activities
Any massage establishment operating in the city shall abide by the following conditions:
(i) No establishment shall be permitted to provide massage services within the city
without a massage services certificate issued pursuant to 10-3.3(D)(9)(a)(ii)(b),
Term of Massage Therapy Services Certificate for Businesses.
(ii) It shall be unlawful for any person in a massage establishment to engage in sexual
activity, as defined in this section.
(iii) It shall be unlawful for any person owning, operating, or managing a massage
establishment, knowingly to cause, allow, or permit in or about such massage
establishment, any agent, employee, or any other person under his or her control or
supervision to engage in sexual activity.
(iv) No massage services shall be offered or performed between the hours of 9:00 p.m.
and 7:00 a.m. This subsection does not apply to massage services that are exempt
pursuant to F.S. §480.0475(1)(a)-(c), which includes:
A. Massage establishments located on the premises of a health care facility or
hotel
B. Massage services performed under the prescription of a duly licensed medical
practitioner; and
C. Massage services performed during special events with the express approval
of the city. Each establishment shall apply in advance for special events
permission on a form and in the manner prescribed by the city.
D. No persons are permitted to utilize the massage establishment as a principle
domicile unless otherwise permitted as a home occupation under §10-
3.4(D)(7), Home Occupations.
E. No massage establishment shall be permitted to provide massage services
within this city in violation of the zoning limitations as provided in this §10-
3.3(D)(9), Massage Establishment.
(v) Tinted windows are not allowed.
(c) Penalties
(i) A person violating the provisions of F.S. §480.0475 may face criminal charges up to
a third-degree felony, pursuant to subsection (3) of that section.
(ii) Pursuant to F.S. §§60.05 and 823.05, the operation of any massage establishment in
violation of F.S. §480.0475, is a declared nuisance and may result in an injunction
and costs ordered against that establishment, the operator of that establishment, or
owner or agent of the building or ground on which that establishment exists.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 59
(iii) Violations of subsections (a), Massage Therapy Services Certificate Required, or (b),
Prohibited Activities, of this section shall additionally be punishable in a manner to
be prescribed by the city and may result in the revocation of a massage services
certificate, the imposition of fines, or the pursuit of criminal charges against the
massage establishment and/or person(s) in violation of these ordinances.
(d) Posting Notice of Prohibited Acts Statement
Every person owning, operating, or managing a massage parlor shall post a copy of the
following statement in every massage room:
“It shall be unlawful for any person in a massage establishment to place his or her hands
upon, to touch with any part of his or her body, to fondle in any manner, or to massage a
sexual or genital part of any other person, or for such other person to request or permit
such placing, touching, fondling or massaging.
It shall be unlawful for any person owning, operating, or managing a massage
establishment, knowingly to cause, allow, or permit in or about such massage
establishment, any agent, employee, or any other person under his or her control or
supervision to perform such acts prohibited above.
Any person violating these provisions shall be punished by fine not exceeding $500, or
imprisonment for a term not exceeding 60 days, or both, in the discretion of the court.”
The statement shall be posted in a conspicuous place in the massage establishment, so
that it may be readily seen by persons entering the premises.
(e) “Disqualifying Conduct” Defined
For purposes of these Massage Establishment regulations, any of the following within
the five-year period preceding the date of inquiry shall constitute “disqualifying conduct”:
(except for conduct involving violations of Florida Statutes Chapters 794, 800, or 847):
(i) Being convicted or found guilty, regardless of adjudication, of a crime in any
jurisdiction, which relates to the practice of massage or to the ability to practice
massage. Any plea of nolo contendere shall be considered a conviction for purposes
of this section.
(ii) The occurrence of sexual activity by any person or persons in any Massage
Establishment.
(iii) Engaging in or permitting any person or persons to engage in sexual activity in such
Owner’s Massage Establishment, or to use such Establishment to make
arrangements to engage in sexual activity with any client.
(iv) Using the therapist-client relationship to engage in sexual activity with any client.
(v) Delegating professional responsibilities to a person when the licensee delegating
such responsibilities, knows or has reason to know that such person is not qualified
by training, experience, or licensure to perform such professional responsibilities.
(vi) Aiding, assisting, procuring, or advising any unlicensed person to practice massage
contrary to State law, or the Rules of the Department of Health or Board of Massage
Therapy.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 60
(vii) Refusing to permit the Department of Health or the City to inspect the business
premises of the licensee during normal business hours.
(viii) Refusing to produce immediately, a Valid Government Identification for each
Massage Therapist upon the City’s request (meaning, a failure of each Massage
Therapist to carry a Valid Governmental Identification on his or her person and
produce same for inspection upon the City’s request).
(ix) Practicing massage at a site, location, or place which is not duly licensed as a
Massage Establishment.
(x) Presenting the license of another as his or her own.
(xi) Allowing another to utilize his or her license.
(xii) Using, or attempting to use, a license that has been revoked.
(xiii) Falsely impersonating any other license holder of a like or different name.
(xiv) Providing false or forged evidence to the City in connection with an application for a
massage therapy services certificate.
(xv) Committing any infraction specified in Rule 64B7-30.002, F.A.C. as same may be
amended from time to time; or
(xvi) Committing any misdemeanor or felony offense which relates directly to the
operation of a Massage Establishment, whether as a Massage Establishment Owner
or operator or employee thereof; or
(xvii) Failure of the Owner or Massage Therapist to register under the provisions of
Florida Statutes Chapter 775; or,
(xviii) The applicant having been convicted in a court of competent jurisdiction of :
A. Any violation of Florida Statutes Chapters 456, 794, 796, 800, 847, or 893; or
B. Conspiracy or attempt to commit any such offense.
(f) “In Good Standing” Defined
For purposes of these Massage Establishment regulations, the term “in good standing”
means:
(i) That the applicant’s state license is current;
(ii) That the applicant’s state license will not expire during the fiscal year for which the
massage therapy services certificate is issued (or if such the case, that a renewal
for the state license has been filed);
(iii) That there are no pending Department of Health Administrative complaints against
the applicant which seek permanent revocation or suspension of the applicant’s
state license;
(iv) That there are no pending Department of Health Administration complaints against
the applicant’s state license seeking a restriction of practice or placement on
probation (the city may disregard this evidence if it receives a resolution from the
Board of Massage Therapy, or a letter from the Executive Director of the Department
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 61
of Health indicating that the remedy sought will not preclude the applicant from
pursuing the massage therapy services certificate; and
(v) That the applicant is not being prosecuted, or has criminal charges pending at the
state or federal prosecutor, at the time the city must approve or deny the application
for the massage therapy services certificate, or where the applicant has within the
five years preceding the date of the application pled guilty or nolo contendere to
crimes involving the disqualifying conduct as within this section.
(10) Nightclub
No nightclub shall be located within 300 feet of any residentially zoned property. The city may
establish an alternative minimum distance as part of the special exception approval process.
(11) Office, Business/Professional
The use may be allowed in the R3 district subject to compliance with the Broward County
Land Use Plan.
(12) Personal and Household Goods Repair
The use may be allowed in the BP and I1 districts subject to compliance with the Broward
County Land Use Plan and through the use of flex units.
(13) Pet Care Daily
Exercise runs or pens shall comply with the following distance requirements:
(a) From property line abutting a residential district and/or educational facilities use:
Outdoor runs, animal exercise areas or pens shall not be located within 50 feet of the
property line. Except that outdoor runs, animal exercise areas, or pens that are entirely
surrounded by a solid wall a minimum of six feet in height may be located 25 feet from the
property line.
(b) From property line abutting a non-residential district (except educational facilities use):
Outdoor runs, animal exercise areas or pens shall not be located within 25 feet of the
property line. Except that outdoor runs, animal exercise areas or pens that are entirely
surrounded by a solid wall a minimum of six feet in height may be located ten feet from
the property line.
(c) From property line abutting a roadway:
Outdoor runs, animal exercise areas or pens shall not be located within 15 feet from the
property line.
(14) Restaurant, With or Without Microbrewery
(a) Drive-through
A drive-through facility shall only be allowed as an accessory use to a restaurant in
compliance with the standards in §10-3.4(B), Accessory Uses and Structures Allowed.
(b) Industrial Districts
(i) Restaurants shall be for the primary use of the employees in the industrial area.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 62
(ii) Restaurants shall only be permitted as an accessory use to an industrial complex
and shall be located within the principal building on the premises occupying not
more than 10 percent of the gross floor area.
(iii) Outside play areas for children are not permitted.
(c) Restaurant with Microbrewery
The minimum area of the eating, drinking, and entertainment area of a restaurant with
microbrewery shall be 45 percent of the total square footage for the establishment, or a
minimum of 1,500 square feet, whichever is greater.
(15) Retail
(a) Adaptive Reuse/Abandonment Agreement
Prior to receiving final approval, large-scale retail uses that are 50,000 square feet or
more, either in one building or in contiguous shopping center, excluding any garden
center, shall require that the owner of the property execute and have recorded an
adaptive reuse/abandonment agreement acceptable to the City Attorney. The agreement
shall be recorded with the county clerk and recorder’s office. The agreement may
contain, but is not limited to, terms and conditions regarding:
(i) A requirement that no covenants, conditions, or restrictions be recorded against or
run with the property that in any way impede or prevent the re-use, redevelopment,
or re-tenanting of the building in the event of vacancy;
(ii) The owner’s obligations to reuse, re-tenant, or pay for removal of the building in the
event of vacancy within an agreed-upon time frame with the City;
(iii) Property maintenance responsibilities in the event of vacancy; and
(iv) Enforcement of the agreement and remedies available to the city in the event of
breach or other noncompliance.
(b) I-1 District
In the I-1 district, retail is limited to:
(i) Ancillary commercial uses within buildings devoted to primary industrial uses; and
(ii) Other commercial and retail business uses and hotel or similar lodgings under the
conditions specified in the Broward County Land Use Plan and the certified city land
use plan.
(c) R3 District
The use shall be allowed in the R3 district subject to compliance with the Broward County
Land Use Plan.
(16) Vehicle Fuel Sales
A vehicle fuel sales station shall comply with the following standards:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(D) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 63
(a) Location
(i) A lot containing a vehicle fuel sales station shall be located at least 1,500 feet from a
lot containing another vehicle fuel sales station, as measured from property lines.
(ii) Vehicle fuel sales stations are prohibited if adjacent to or directly across a street
right-of-way from residentially zoned land.
(b) Access
(i) The station shall have no more than two vehicular access points excluding fuel sales
uses within an outparcel or other unified property.
(ii) The station shall be designed to ensure safe and adequate vehicle stacking,
circulation, and turning movements.
(c) Canopy Height
Gasoline pump canopies shall have a maximum clearance height of 14 feet above grade,
except where state or federal law requires higher clearances.
(17) Vehicle Rental
In commercially zoned districts:
(a) Except as hereinafter provided, no owner or person having the use of a commercial
vehicle, recreational vehicle, boat, or boat trailer shall park, store, or keep the vehicle,
boat, or boat trailer for any period of time within the property lines of any commercially
zoned district.
(b) This section shall not apply to the following:
(i) Vehicles parked in city storage facilities;
(ii) Vehicles parked in duly authorized and properly licensed commercial
establishments that engage in the sale or lease of motor vehicles;
(iii) Vehicles that have an active commercial or business purpose for which the owner
or person having the use of said vehicle(s) holds a current and valid local business
license for a business location within the commercially zoned district; provided,
however, that such vehicle shall be parked, stored, or kept within ten feet of the
business location or at the rear of the commercial facility or structure. If parked at
the rear of the structure in cases where the structure abuts a public street, or any
residential or recreation zoning district, the vehicle shall be provided with an
opaque screen that, when seen from an abutting residential or recreational
property, public street, or from the second floor or higher of a residential structure,
totally obstructs the view of the vehicle.
(18) Vehicle Repair, Major or Minor
(a) Any building or outside area used for automobile repair, including paint and body shops,
and any storage area for vehicles being or to be repaired, shall be located at least 50 feet
from any residentially zoned property and shall be screened from the residentially
zoned property by a wall, fence, or hedge as specified in §10-4.8, Fences, Walls, and
Hedges. Any outside areas used for repairs shall be considered additional work bays and
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(E) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 64
shall be delineated on the approved site plan and shall require the appropriate amount of
off-street parking.
(b) In the BP district, the use is allowed as an accessory use only if associated with a vehicle
dealership.
(19) Vehicle Sales, Used
Used vehicle sales may be accessory to new vehicle sales without requiring a Special
Exception.
(E) Industrial Uses
(1) Auto Wrecking and Salvage Yard
(a) The minimum plot size for any salvage or wrecking yard shall be one net acre.
(b) All operations, activities, display and storage, with the exception of an office building or
other enclosed building, shall be completely surrounded by an opaque wall at least six
feet in height, with openings only for ingress and egress of pedestrians and vehicles.
Such openings shall be equipped with opaque or translucent gates the same height as
the wall.
(c) No salvaged vehicles or parts, or any other scrap or salvaged materials shall be stored
in such a manner that exceeds the height of the enclosing wall.
(d) Required off-street parking shall be maintained on the exterior of any area used for
salvage operations, display or storage of parts, vehicles or scrap or salvaged materials
and shall comply with all requirements of §10-4.3, Off-Street Parking and Loading, of this
Code.
(e) No salvage or wrecking yard shall be located within 300 feet of any residentially-zoned
district.
(2) Recycling Facilities
Recycling facilities, except auto salvage yards, shall be located at least 500 feet from any
residentially-zoned district and at least 200 feet from any mixed use and non-residential
zoned district. All materials stored, handled, or repackaged on the premises shall either be in
containers or stored within a building.
(3) Self-storage Facility, Indoor or Outdoor
(a) Site Design and Performance Standards
All facilities are subject to the following site design and performance standards:
(i) The maximum size of any individual rental space for storage of household items and
equipment shall be 400 square feet.
(ii) Controlled access shall be provided to the complex and an adequate
security/surveillance system shall be installed whether electronic or otherwise, so
that security personnel may keep vigilance over the facility and can be easily
contacted in emergency or distress situations.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(E) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 65
(iii) Access to all storage spaces will be from the interior of the structure and each
storage space shall have independent and exclusive access through a secured door
or gate.
(iv) Public storage facilities shall be subject to architecture review and designed or
remodeled so as to agree in character and scale with the prevalent scale and
character of the surrounding area. Careful consideration shall be given to the
treatment of the blank walls generally associated with this use and to the way the
ground floor addresses the street.
(v) Loading and unloading areas shall be evaluated on an individual basis for
compliance with the following criteria:
A. Loading and unloading activities shall be limited to locations which are not
visible from adjacent public rights-of-way;
B. The area set aside for such activities shall be arranged so as not to obstruct the
smooth flow of traffic on the site;
C. Loading and unloading spaces shall be a minimum of 12 feet in width, by 25 feet
in length; and
D. The number of loading and unloading spaces shall be provided at the rate of
three loading/unloading spaces for the first 50,000 sq. and one
loading/unloading space for each additional 50,000 sq. ft. over 60,000 sq. ft.
(vi) Parking shall be provided at the rate indicated in Table 10-4.1 :Minimum Number of
Off-Street Parking Spaces.
(vii) Hours of operation shall be established in response to the perceived demand for
services but shall not exceed 15 continuous hours and shall not extend beyond 10:00
p.m. nor commence before 6:00 a.m.
(viii) In addition to these restrictions, upon individual evaluation of each proposed self-
storage facility, appropriate measures may be required to minimize any potential
adverse effects brought about by the implementation of the use with regards to the
above or other pertinent concerns.
(b) Distance Limitations
In order to mitigate potential adverse impacts associated with a concentration of such
facilities throughout the city, such facilities shall be located no closer than 2,500 feet
from one another. Such distance shall be measured from the nearest point of the
existing facility's site to the nearest point of the proposed facility's site.
(4) Wind Energy Conversion System
(a) Generally
Wind energy conversion systems shall be mounted in a manner that preserves the
character- defining features of the structure and property and are subject to the
height limits and setbacks of the appropriate zoning district.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 66
(b) Maximum Height Exception
Vertical wind energy conversion systems less than five feet in diameter may extend
above the maximum height in any zoning district up to a maximum of five feet.
(F) Wireless Communication Facilities
(1) Purpose
In order to accommodate the communication needs of residents and businesses while
protecting the public health, safety, and general welfare, the Tamarac City Commission finds
that these regulations are necessary to:
(a) Provide for the managed development and installation, maintenance, modification, and
removal of wireless communications infrastructure in the city with the goal of having the
fewest number of wireless communication facilities ("WCFs") required to complete a
network without unreasonably discriminating against wireless communications
providers of functionally equivalent services including all of those who install, maintain,
operate, and remove WCFs;
(b) Promote and protect the public health, safety, and welfare by reducing the visibility of
WCFs to the fullest extent possible through planning, engineering, and design
techniques including but not limited to camouflage design, and authorized screening of
WCFs and the equipment associated therewith;
(c) Encourage the deployment of smaller, less-intrusive WCFs to supplement existing
larger WCFs;
(d) Encourage the use of wall-mounted panel antennas;
(e) Encourage roof-mounted antennas only when wall-mounted antennas will not provide
adequate service or are not otherwise feasible;
(f) Encourage the location of towers in non-residential areas, in a manner that minimizes
the total number of towers needed throughout the community;
(g) Encourage strongly the collocation of WCFs on new and existing sites;
(h) Encourage owners and users of antennas and towers to locate them, to the extent
possible, in areas where the adverse impact on the community is minimized;
(i) Enhance the ability of wireless communications service providers to provide such
services to the community quickly, effectively, and efficiently;
(j) Effectively manage WCFs in the right-of-way; and
(k) Manage amateur radio facilities and over-the-air receiving devices in the city.
(2) Definitions
For purposes of this Section, the following terms shall be defined herein. For definitions
associated with small or micro wireless facilities located in the right-of-way, please refer to
§10-3.3(F)(9).
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 67
(a) Alternative Tower Structure
Man-made trees, clock or water towers, bell steeples, light poles, unipoles, buildings,
and similar alternative design mounting structures that are compatible with the natural
setting and surrounding structures, and camouflage or conceals the presence of
antennas or towers so as to make them architecturally compatible with the surrounding
area.
(b) Antenna
Any device used to transmit and/or receive radio or electromagnetic waves such as, but
not limited to panel antennas, reflecting discs, microwave dishes, whip antennas,
directional and non-directional antennas consisting of one or more elements, multiple
antenna configurations, or other similar devices and configurations. Exterior apparatus
designed for telephone, radio, or television communications through the sending and/or
receiving of wireless communications signals.
(c) Antenna, Dish
Dish (parabolic or cylindrical) antennas used for microwave and satellite transmission
and reception for commercial purposes. This definition shall not apply to wireless cable
satellite dish antennas or dish antennas less than one meter measured diagonally.
(d) Base Station
(i) A structure or equipment at a fixed location that enables Federal Communications
Commission ("FCC") licensed or authorized wireless communications between user
equipment and a communications network. The definition of base station does not
include or encompass a tower as defined herein. Base station includes, without
limitation:
A. Equipment associated with wireless communications services such as private
broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul that, at the time the
relevant application is filed with the City pursuant to this Article has been
reviewed and approved under the applicable zoning or siting process, or under
another state or local regulatory review process, even if the structure was not
built for the sole or primary purpose of providing such support; and
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplied, and comparable equipment, regardless of technological
configuration (including distributed antenna systems and small-cell
networks) that, at the time the relevant application is filed with the City has
been reviewed and approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing such support.
(ii) The definition of “base station” does not include any structure that, at the time the
application is filed with the City, does not support or house equipment described
herein in sub-paragraphs A and B of this definition.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 68
(e) Camouflage, Concealment, or Camouflage Design Techniques
A Wireless Communications Facility (“WCF”) which is camouflaged or utilizes
camouflage design techniques when any measures are used in the design and siting of
WCF's with the intent to minimize or eliminate the visual impact of such facilities to
surrounding uses. A WCF site utilizes camouflage design techniques when it (i) is
integrated as an architectural feature of an existing structure such as a cupola, or (ii) is
integrated in an outdoor fixture, or (iii) uses a design which mimics and is consistent with
the nearby natural, or architectural features (such as an artificial tree) or is incorporated
into or replaces existing permitted facilities (including without limitation, stop signs or
other traffic signs or freestanding light standards) so that the presence of the WCF is not
readily apparent.
(f) Collocation
The situation when an initial antenna is installed with the intent to accommodate
additional wireless providers, or when a second or subsequent wireless provider uses
an existing structure to locate a second or subsequent antennae. The term includes the
ground, platform, or roof installation of equipment enclosures, cabinets, or buildings,
and cables, brackets, and other equipment associated with the location and operation of
the antennae.
(g) Eligible Facilities Request
Any request for modification of an existing tower or base station that does not
substantially change the physical dimensions of such tower or base station involving: (i)
collocation of new transmission equipment, (ii) removal of transmission equipment, or
(iii) replacement of transmission equipment.
(h) Existing Structure
Any tower or base station as defined in this Code, provided that it is existing at the time
the relevant application is filed with the City.
(i) OTARD
An over-the-air receiving device.
(j) OTARD Antenna
(i) An antenna that is designed to receive direct broadcast satellite service, including
direct-to-home satellite services, that is one meter or less in diameter; or
(ii) An antenna that is designed to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution services,
instruction television fixed services, and local multipoint distribution services, and
that is one meter or less in diameter or diagonal measurement; or (iii)
(iii) An antenna that is designed to receive television broadcast signals.
(k) OTARD Antenna Structure
Any pole, tower, or other structure designed and intended to support an OTARD antenna.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 69
(l) Site
The current boundaries of the leased or owned property surrounding the tower or
eligible support structure and any access or utility easements currently related to the
site. For a Site located within a right-of-way, the Site is defined as the area comprising
the base of the structure and to other related accessory equipment already deployed on
the ground.
(m) Substantial Change
A modification that substantially changes the physical dimensions of an existing
structure, which meets any of the following criteria:
(i) For towers, other than alternative tower structures in the right-of-way, a
substantial change, is a change that increases the height of the tower by more than
10 percent, or by the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater; for other
existing structures, a substantial change is a change that increases the height of the
structure by more than ten percent, or more than 10 feet, whichever is greater;
(ii) For towers, other than towers in the right-of-way, a substantial change is a change
which involves adding an appurtenance to the body of the tower that would protrude
from the edge of the tower more than 20 feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for existing
structures, a substantial change involves adding an appurtenance to the body of the
structure that would protrude from the edge of the structure by more than six feet;
(iii) For any existing structure, a substantial change involves the installation of more
than the standard number of new equipment cabinets for the technology involved,
but not to exceed four cabinets; or for towers in the right-of-way and base stations,
a substantial change involves installation of any new equipment cabinets on the
ground if there are no pre-existing ground cabinets associated with the structure,
or else involves installation of ground cabinets that are more than 10% larger in
height or overall volume than any other ground cabinets associated with the
structure;
(iv) For any existing structure, a substantial change entails any excavation or
deployment outside the current site; or any alteration that would impair the
concealment elements of the existing support structure; or
(v) For any existing structure, the substantial change does not comply with conditions
associated with the siting approval of the construction or modification of the existing
structure or base station equipment, unless the non-compliance is due to an
increase in height, increase in width, addition of cabinets, or new excavation that
would not exceed the thresholds identified in paragraphs (i), (ii), and (iii) of this
definition; and
(vi) For any existing structure, the change does not comply with the generally applicable
building, structural, electrical, and safety codes or with other laws codifying
objective standards reasonably related to health and safety, or it does not comply
with any relevant federal requirements.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 70
(n) Tower
Any structure that is designed and constructed primarily built for the sole or primary
purpose of supporting one or more any Federal Communications Commission ("FCC") -
licensed or authorized antennas and their associated facilities, including structures that
are constructed for wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul, and the associated site. The
term includes self-supporting lattice towers, guy towers or monopole towers. The term
also includes radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures and such other
similar structures.
(o) Transmission Equipment
Equipment that facilitates transmission for any FCC licensed or authorized wireless
communication service, including, but not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, and regular and backup power supply. The term includes
equipment associated with wireless communications services including, but not limited
to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixed wireless services such as microwave backhaul.
(p) Wireless Communications Facility, or “WCF”
A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332
(c)(7)(C); or wireless information services provided to the public or to such classes of
users as to be effectively available directly to the public via licensed or unlicensed
frequencies; or wireless utility monitoring and control services. A WCF does not include
a facility entirely enclosed within a permitted building where the installation does not
require a modification of the exterior of the building; nor does it include a device attached
to a building, used for serving that building only and that is otherwise permitted under
other provisions of the Code. A WCF includes an antenna or antennas, including without
limitation, directions, omni-directional and parabolic antennas, base stations, support
equipment, alternative tower structures, and towers. It does not include the support
structure to which the WCF or its components are attached if the use of such structures
for WCFs is not the primary use. The term does not include mobile transmitting devices
used by wireless service subscribers, such as vehicle or hand-held radios/telephones
and their associated transmitting antennas, nor does it include other facilities
specifically excluded from the coverage of this §10-3.3(F), Wireless Communication
Facilities.
(3) Applicability
(a) Base Stations, Alternative Tower Structures, and Towers
The requirements in this Section shall apply to all WCF applications for base stations,
alternative tower structures, and towers as defined herein.
(b) Exemptions
The requirements set forth in this subsection shall not apply to:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 71
(i) Amateur Radio Antennas
Amateur radio antennas that are owned and operated by a federally licensed
amateur radio station operator or are used exclusively for receive-only antennas,
provided that the height be no more than the distance from the base of the antenna
to the property line is met.
(ii) Pre-Existing WCFs
Any WCF for which a permit has been properly issued prior to the effective date of
this Code shall not be required to meet the requirements of this subsection, other
than the operational standards set forth in this subsection. An existing tower,
including a nonconforming tower, may be structurally modified in order to permit
collocation or may be replaced through no more than administrative review and
building permit review, and is not subject to public hearing review, if the overall
height of the tower is not increased and, if a replacement, the replacement tower is a
monopole tower or, if the existing tower is a camouflaged tower, the replacement
tower is a like-camouflaged tower.
(iii) Emergency Services
A. Emergency wireless telecommunications facilities owned by the City or other
public agency and used wholly or in part for public safety or emergency
communication purposes; and
B. Portable wireless telecommunications facilities temporarily used for
emergency purposes for not more than 180 days after declaration of an
emergency or disaster by a responsible official of the city, county, state, or
federal government.
(iv) Miscellaneous Antennas
Antennas used for reception of television, multi-channel video programming, and
radio such as over-the-air-reception devices ("OTARD") antennas, television
broadcast band antennas, and broadcast radio antennas, provided that any
requirements related to special uses of this Code and the requirement that the
height be no more than the distance from the base to the property line are met. The
Director has the authority to approve modifications to the height restriction related
to OTARD antennas and OTARD antenna structures, if in the Director's reasonable
discretion, modifications are necessary to comply with federal law.
(v) Satellite Dish Antennas
Satellite dish antennas, which are allowed as accessory uses subject to §10-
3.4(D)(12).
(vi) Eligible Facility Requests
Eligible Facility Requests that comply with the requirements of Section 6409 of the
Middle Class Tax Relief and Job Creation Act of 2012, as may be amended from time
to time, shall be subject to building permit review only.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 72
(vii) Collocations
Collocations that comply with the requirements of Section 365.172(13)(a)1.a and b,
Florida Statutes, as may be amended from time to time, shall be subject to building
permit review only. Collocations that comply with the limitations set forth in Section
365.172(13)(a)1.d, Fla.Stat., as may be amended from time to time, shall be subject to
administrative review only.
(viii) Small and Micro Wireless Facilities
Small and Micro Wireless Facilities installed in public rights-of-way shall be subject
to the provisions of §10-3.3(F)(9).
(4) Review Procedures and Requirements
No new WCF shall be constructed and no collocation or modification to any WCF may occur
except after a written request from an applicant, reviewed and approved by the Director in
accordance with this subsection, unless meeting an exemption provided in this Section. All
non-exempt WCFs shall be reviewed pursuant to the procedures set forth in this subsection:
(a) Submittal Requirements
In addition to an application form, signal interference letter, and payment of all
application and review fees, as established by resolution of City Commission, each
applicant shall submit a scaled site plan, photo simulation, scaled elevation view and
other supporting drawings, calculations, and other documentation, signed and sealed by
appropriate qualified professionals, showing the location and dimension of all
improvements, including information concerning topography, radio frequency coverage,
tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, drainage,
and other information deemed by the Director to be necessary to assess compliance
with this section.
(b) Special Exception Required
(i) In all zoning districts, applications for base stations, alternative tower structures
not within the right-of-way, and towers may be permitted only upon approval of a
special exception in accordance with §10-5.4(G), Special Exception.
(ii) All applications for towers shall demonstrate that other alternative design options
such as base stations or alternative tower structures are not viable options as
determined by the City.
(c) Applications for Base Stations and Alternative Tower Structures within Right-of-Way
In all zoning districts, each application for a base station or alternative tower structure
within the right-of-way, excluding applications for small and micro wireless facilities,
shall be reviewed and considered for approval by the Director for conformance with this
subsection. Applications for small and micro wireless facilities shall meet the
requirements as provided in subsection 10-3.3(F)(9).
(i) Appeal of Director Decision
Applicants may appeal the Director’s decision by submitting a written notice of
appeal to the City Manager within 10 calendar days of the date of the Director's
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 73
decision. The notice of appeal must specifically set forth the grounds for appeal and
include all documentation the applicant deems relevant. The City Manager shall
within 10 days of receipt of the notice of appeal and after review of all documentation
submitted by the applicant and the Director’s decision issue a final decision which
may affirm, overturn or modify the Director’s decision.
(ii) Referral to Planning Board
Except for WCF’s in the right-of-way that meet all requirements of this subsection,
the Director may refer the application to Planning Board for special exception
approval if the Director finds the proposed WCF to have a significant visual impact
(e.g., proximity to historic or designated view corridors, or on significant community
features), or otherwise is substantially incompatible with the structure on which the
WCF will be installed, or it does not meet the clear intent of this subsection.
(d) Review Procedures for Eligible Facilities Requests
(i) Application
In all zoning districts, eligible facilities requests shall be considered a use by right
subject to building permit review. The City shall prepare, and make publicly
available, an application form which shall be limited to the information necessary
for the City to consider whether a building permit application is an eligible facilities
request. Such information may include, without limitation, whether the request:
A. Would result in a substantial change; or
B. Would violate a generally applicable law, regulation, or other rule reasonably
related to public health and safety.
The application may not require the applicant to demonstrate a need or business
case for the proposed modification or collocation.
(ii) Type of Review
Upon receipt of an application for an eligible facilities request pursuant to this
section, the Building Department shall review such application to determine
whether the application so qualifies.
(iii) Timeframe for Review
Subject to the tolling provisions of (iv) below, Tolling of the Timeframe for Review,
within 60 days of the date on which an applicant submits an application seeking
approval under this section, the City shall approve the application unless it
determines that the application is not covered by this subsection. Any timeframes
for review are further subject to the requirements of any applicable federal and
state laws and regulations, including, but not limited to Section 365.172(13), Fla.Stat.,
as may be amended from time to time.
(iv) Tolling of the Timeframe for Review
The 60-day review period begins to run when the application is filed, and may be
tolled only by mutual agreement of the City and the applicant, or in cases where the
director determines that the application is incomplete:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 74
A. To toll the timeframe for incompleteness, the City must provide written notice
to the applicant within 30 days of receipt of the application, specifically
delineating all missing documents or information required in the application;
B. The timeframe for review begins running again when the applicant makes a
supplemental written submission in response to the City's notice of
incompleteness; and
C. Following a supplemental submission, the City shall notify the applicant within
10 days that the supplemental submission did not provide the information
identified in the original notice delineating missing information. The timeframe
is tolled in the case of second or subsequent notices pursuant to the
procedures identified in paragraph A above. In the case of a second or
subsequent notice of incompleteness, the City may not specify missing
documents or information that were not delineated in the original notice of
incompleteness.
(v) Failure to Act
In the event the City fails to act on a request seeking approval for an eligible facilities
request under this section within the timeframe for review (accounting for any
tolling), the request shall be deemed granted. The application deemed granted
becomes effective when the applicant notifies the City in writing after the review
period has expired (accounting for any tolling) that the application has been deemed
granted.
(vi) Interaction with Telecommunications Act Section 332(c)(7)
If the City determines that the applicant's request is not an eligible facilities requests
set forth in this subsection, the presumptively reasonable timeframe under Section
332(c)(7), as prescribed by the FCC's Shot Clock order, as may be amended from
time to time, will begin to run from the issuance of the City's decision that the
application is not a covered request. To the extent such information is necessary, the
City may request additional information from the applicant to evaluate the
application under Section 332(c)(7) reviews.
(e) Abandonment and Removal
Prior to approval, affidavits shall be required from the owner of the property and from
the applicant acknowledging that each is responsible for the removal of a WCF that is
abandoned for a period of six months, or more.
(f) Decision
Any decision to approve, approve with conditions, or deny an application for a WCF
shall be in writing and supported by substantial evidence in a written record. The
applicant shall receive a copy of the decision.
(5) General Operational Standards for All Wireless Communication Facilities
The standards in this section shall apply to all WCFs in all districts, regardless of whether
such facility is allowed as a principal or accessory use:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 75
(a) City Registration
Providers of all WCFs, whether or not granted an exemption from this section, shall
comply with the applicable registration and other requirements of Chapter 5.6,
Telecommunications, of the City’s Code of Ordinances.
(b) Compliance with Applicable Law
All work done pursuant to WCF applications must be completed in accordance with all
applicable building and safety requirements as set forth in the Code and any other
applicable regulations. In addition, all WCF applications shall comply with the following:
(i) Comply with any permit or license issued by a local, state, or federal agency with
jurisdiction of the WCF;
(ii) Comply with easements, covenants, conditions and/or restrictions on or applicable
to the underlying real property;
(iii) Be maintained in good working condition and to the standards established at the
time of application approval; and
(iv) Remain free from trash, debris, litter, noxious weeds, graffiti, and other forms of
vandalism. Any damage shall be repaired as soon as practicable, and in no instance
more than 10 calendar days from the time of notification by the City or after
discovery by the owner or operator of the site.
(c) Federal Requirements
All WCFs shall meet the current standards and regulations of the Federal Aviation
Authority ("FAA"), the FCC and any other agency of the federal government with the
authority to regulate WCFs. If such standards and regulations are amended, then the
owners of the WCF governed by this subsection shall bring such facility into compliance
with such revised standards and regulations within the time period mandated by the
controlling federal agency. Failure to meet such revised standards and regulations shall
constitute grounds for the removal of the WCF at the owner's expense.
(d) Radio Frequency Standards
All WCFs shall comply with federal standards for radio frequency emissions. If concerns
regarding compliance with radio frequency emissions standards for a WCF have been
made to the City, the City may request that the owner or operator of the WCF provide
information demonstrating compliance with applicable federal or state regulations
related to radio frequency standards. If such information suggests, in the reasonable
discretion of the City, that the WCF may not be in compliance, the City may request and
the owner or operator of the WCF shall then submit a project implementation report
which provides cumulative field measurements of radio frequency emissions of all
antennas installed at the subject site, and which compares the results with established
federal standards. If, upon review, the City finds that the facility does not meet federal
standards, the City may require corrective action within a reasonable period of time, and
if not corrected, may require removal of the WCF pursuant to this section. Any
reasonable costs incurred by the City, including reasonable consulting costs to verify
compliance with these requirements, shall be paid by the owner or operator.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 76
(e) Signal Interference
All WCFs shall be designed and sited, consistent with applicable federal regulations, so
as not to cause interference with the normal operation of radio, television, telephone and
other communication services utilized by adjacent residential and non-residential
properties; nor shall any such facilities interfere with any public safety communications.
The applicant shall provide a written statement from a qualified radio frequency
engineer, certifying that a technical evaluation of existing and proposed facilities
indicates no potential interference problems and shall allow the City to monitor
interference levels with public safety communications during this process.
(f) Legal Access
In all applications for the installation, maintenance, or modification of any WCF located
on property other than a right-of-way, an applicant must warrant and represent that it
has the written agreement of the owner of the property which is the subject of the
application for legal access to and from the WCF and the applicant must also warrant and
represent that it will have legal access to the utilities to operate and maintain the WCF.
(g) Operation and Maintenance
To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is
maintained in compliance with standards contained in applicable local building and
safety codes. If upon inspection, the City concludes that a WCF fails to comply with such
codes and constitutes a danger to persons or property, then the City may take any
appropriate legal action, including enforcement through the City’s Code Compliance
Process. In addition, upon written notice being provided to the owner of the WCF, that the
WCF fails to comply with the City’s codes and constitutes a danger to persons or property
the owner shall have 30 days from the date of notice to bring such WCF into compliance.
Upon good cause shown by the owner, the City's building official may extend such
compliance period not to exceed 90 days from the date of said notice. If the owner fails to
bring such WCF into compliance within said time period, the City may remove such WCF
at the owner's expense.
(h) Aircraft Hazard
Prior to the issuance of a building permit by the building department, the applicant shall
provide evidence that the WCFs are in compliance with Federal Aviation Administration
(FAA) regulations. Where an antenna will not exceed the highest point of the existing
structure upon which it is to be mounted, such evidence shall not be required.
(i) Signs and Advertising
The use of any portion of a tower or antenna for signs or advertising purposes, including
company name, banners, streamers, etc., is prohibited.
(j) Abandonment and Removal
If a WCF has not been in use for a period of three months, the owner of the WCF shall
notify the City of the non-use and shall indicate whether re-use is expected within the
ensuing three months. Any WCF that is not operated for a continuous period of six
months shall be considered abandoned. The City, in its sole discretion, may require an
abandoned WCF to be removed. The owner of such WCF shall remove the same within 30
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 77
days of receipt of written notice form the City. If the WCF is not removed within said 30
days, the City may remove it at the owner's expense and any approved permits for the
WCF shall be deemed to have expired.
(k) Approval Required from Other Governmental Agencies
Each application for a WCF may be required to include written approval or a statement of
no objection from other federal or state agencies that may regulate tower siting, design,
and construction.
(l) Lease Agreement Required on City-Owned Property
The issuance of a permit is not a lease and no municipally owned property may be used
without a lease agreement with the city. The city may, as appropriate, to protect its
property and the public interest, establish additional requirements beyond the minimum
requirements of a permit for municipally owned property. This provision further does not
preclude the city from issuing a letter of interest for the purposes of leasing sites on
designated city property for the construction and installation of personal wireless
service facilities. For designated neighborhood parks, the city will encourage the
installation of facilities which have a minimal impact on the surrounding areas and are
consistent with the development of the neighborhood park.
(6) General Design Standards for Wireless Communication Facilities
(a) Camouflage/Concealment
Unless otherwise exempt from these requirements, all WCFs and any transmission
equipment shall, to the extent possible, use camouflage design techniques including, but
not limited to the use of materials, colors, textures, screening, undergrounding,
landscaping, or other design options that will blend the WCF to the surrounding natural
setting and built environment. Design, materials, and colors of WCFs shall be compatible
with the surrounding environment. Designs shall be compatible with structures and
vegetation on the same parcel and adjacent parcels.
(i) Camouflage design may be of heightened importance where findings of particular
sensitivity are made (e.g. proximity to historic or aesthetically significant
structures, views, and/or community features). In such instances where WCFs are
located in areas of high visibility, they shall (where possible) be designed (e.g.,
screened, buffered, depressed, or located behind earth berms) to minimize their
profile.
(ii) The camouflage design may include the use of alternative tower structures should
the Director determine that such design meets the intent of the Code and the
community is better served thereby.
(iii) All WCFs, such as antennas, vaults, equipment rooms, equipment enclosures, and
tower structures shall be constructed out of non-reflective materials (visible
exterior surfaces only).
(b) Lighting
WCFs shall not be artificially lighted, unless required by the FAA or other applicable
governmental authority, or the WCF is mounted on a light pole or other similar structure
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 78
primarily used for lighting purposes. If lighting is required, the City may review the
available lighting alternatives and approve the design that would cause the least
disturbance to the surrounding views. Lighting shall be shielded or directed to the
greatest extent possible so as to minimize the amount of glare and light falling onto
nearby properties, particularly residences.
(c) Landscaping and Fencing
(i) WCFs shall be sited in a manner that does not reduce the landscaped areas for the
other principal uses on the parcel, below Code standards.
(ii) WCFs shall be landscaped with a buffer of plant materials that effectively mitigate
the impact of the WCF from adjacent residential property. The standard buffer shall
consist of the front, side, and rear landscaped setback on the perimeter of the site.
(iii) In locations where the visual impact of the WCF would be minimal, the landscaping
requirement may be reduced or waived altogether by the Director.
(iv) Existing mature tree growth and natural landforms on the site shall be preserved to
the maximum extent possible. In some cases, such as WCFs sited on large, wooded
lots, natural growth around the site perimeter may be a sufficient buffer.
(d) Colors
Except where superseded by the requirements of other county, state, or federal
regulatory agencies possessing jurisdiction over telecommunications towers, WCFs
shall be painted or constructed in neutral colors, designed to blend into the surrounding
environment such as non-contrasting gray.
(e) Cooperative Determination
With respect to the placement of WCFs in residential districts, in the event an applicant
demonstrates, in writing, to the satisfaction of the Director, or his or her designee, that
the operation of this section produces a result which is either (i) a burdensome hardship
on the applicant, and is inconsistent with the general public welfare; or (ii) inconsistent
with the intent of the particular provisions of this section, and inconsistent with the
general public welfare, the applicant and the Director, or his or her designee, shall
cooperate to determine an appropriate location and aesthetic design for the proposed
facility. In any such cooperative determination there shall be a preference for collocation
with existing personal wireless service facilities or other utility facilities, or for use of
unused capacity on existing personal wireless service facilities. Where facilities cannot
be collocated and no such unused capacity exists, there shall be a preference for the use
of free-standing concealed or camouflaged type structures which are consistent, to the
extent possible, with this section.
(f) Actual or Effective Prohibition; Cooperative Determination
In the event an applicant demonstrates to the satisfaction of the Director that operation
of this section results in an actual or effective prohibition of WCFs or the provision of
communications services, the applicant and the Director shall cooperate to determine
an appropriate location and aesthetic design for the proposed facility. In any such
cooperative determination there shall be a preference for collocation with existing WCFs
or other utility facilities, or for use of unused capacity on existing WCFs. Where facilities
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 79
cannot be collocated and no such unused capacity exists, there shall be a preference for
the use of free standing stealth-type structures which are consistent, to the extent
possible, with the purposes of the Code as defined in §10-1.4. The Director may require a
statement certifying that the proposed location is needed by a WCF provider to close a
significant gap in its service to the affected area. The applicant shall reimburse the
reasonable costs incurred by the city for this cooperative determination.
(7) Additional Design Standards for Specific Types of WCFs
Additional design requirements shall be applicable to the various types of WCFs as
specified below:
(a) Base Stations
(i) If an antenna is installed on a structure other than a tower, such as a base station
(including, but not limited to the antennas and accessory equipment) it shall be of a
neutral, non-reflective color that is identical to, or closely compatible with, the color
of the supporting structure, or uses other camouflage/concealment design
techniques so as to make the antenna and related facilities as visually unobtrusive
as possible.
(ii) Such facilities shall be architecturally compatible with respect to attachments, and
colored to match the building or structure to which they are attached;
(iii) The maximum protrusion of such facilities from the building or structure face to
which they are attached shall be six feet;
(iv) Wall-mounted WCFs shall not extend above the roofline unless mounted to a
penthouse; and
(v) Roof-mounted WCFs shall be approved only where an applicant demonstrates a
wall- mounted WCF is inadequate to provide service and evaluated for approval
based upon the following criteria:
A. Roof-mounted whip antennas shall extend no more than 12 feet above the
parapet of any flat roof or ridge of a sloped roof or penthouse to which they are
attached;
B. Roof-mounted panel antennas shall extend no more than seven feet above the
parapet of a flat roof or ridge of a sloped roof to which they are mounted; and
C. Other roof-mounted transmission equipment shall extend no more than seven
feet above any parapet of a flat roof upon which they may be placed, and shall
not be permitted on a sloped roof.
(b) Alternative Tower Structures
Alternative tower structures shall be designed and constructed to look like a building,
facility, or structure typically found in the area and shall comply with the following
standards:
(i) The height or size of the proposed alternative tower structure shall be minimized as
much as possible and shall be subject to the maximum height restrictions of the
zoning district in which they are located;
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 80
(ii) Shall take into consideration the uses on adjacent and nearby properties and the
compatibility of the facility to these uses;
(iii) Shall be compatible with the surrounding topography, tree coverage, and foliage;
and
(iv) Visual impacts of the proposed ingress and egress shall be minimized.
(c) Alternative Tower Structures Located in the Right-of-Way
The following requirements apply in addition to those set forth in subsection (b) above:
(i) Shall be no higher than 35 feet;
(ii) Shall be no more than 10 feet higher (as measured from the ground to the top of the
pole) than any existing utility or traffic signal within 500 feet of the pole or structure;
(iii) Any new pole for an alternative tower structure shall be separated from any other
existing WCF facility by a distance of a least 600 feet, unless the new pole replaces
an existing traffic signal, street light pole, or similar structure determined by the
Director;
(iv) Pole-mounted components shall be located on an existing utility pole serving
another utility; or be located on a new utility pole where other utility distribution
lines are aerial, if there are no reasonable alternatives;
(v) Shall, to the extent feasible, be consistent with the size and shape of pole-mounted
equipment installed by communications companies on utility poles near the
alternative tower structure;
(vi) Shall, when located near a residential property, be placed in front of the common
side yard property line between adjoining residential properties. In the case of a
corner lot, the facility, to the extent feasible, must be placed in front of the common
side yard property line adjoining residential properties, or on the corner formed by
two intersecting streets;
(vii) Shall be designed such that antenna installations on traffic signals are placed in a
manner so that the size, appearance, and function of the signal will not be
considerably altered;
(viii) Facility antennas, mast arms, equipment, and other facilities shall be sized to
minimize visual clutter;
(ix) Any ground mounted equipment shall be installed in an underground or partially
underground equipment vault (projecting not more than 36 inches above grade), or
co- located within a traffic cabinet of a design approved by the Director; and
(x) Shall not alter vehicular circulation or parking within the right-of-way or impede
vehicular, bicycle, or pedestrian access or visibility along the right-of-way. Must
comply with the federal Americans with Disabilities Act and all applicable local,
state, and federal law and regulations. No alternative tower structure may be
located or maintained in a manner that causes unreasonable interference.
(xi) Unreasonable interference means any use of the right-of-way that disrupts or
interferes with this use by the City, the general public, or other person authorized to
use or be present upon the right-of-way, when there exists an alternative that
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 81
would result in less disruption or interference. Unreasonable interference includes
any use of the right-of- way that disrupts vehicular or pedestrian traffic, any
interference with public utilities, and any other activity that will present a hazard to
public health, safety, or welfare.
(d) Towers Located Outside the Public Right-of-Way
(i) Generally
A. Freestanding towers shall be considered a permitted use only on city-owned
property.
B. Freestanding towers on all other property located within the city shall be
permitted as a special exception in any zoning district, provided the tower is an
accessory use, subject to the procedure and requirements of §10-5.4(G),
Special Exception. This provision does not preclude the use of vacant property
in the I-1 zoning district for a freestanding tower; however, in those instances,
a monopole-type camouflaged tower, is the preferred tower which should be
utilized.
C. Any freestanding tower shall be camouflaged in all zoning districts and on city-
owned property. Non-stealth or non-camouflaged towers should only be
utilized if the owner provides an engineering or technical justification, to the
satisfaction of the city that the non-camouflaged tower is needed.
(ii) Site Plan
Prior to the issuance of a building permit by the building department for a tower, a
site plan for a minor development shall be presented for approval to the Director.
Each application for a proposed tower shall include all requirements for site plan
approval as required by §10-5.4(H), Site Plan Approval.
(iii) Statement of Engineering Compliance
A statement shall be submitted, prepared by a professional registered engineer
licensed to practice in the state. The statement shall, through rational engineering
analysis, certify the tower's compliance with applicable standards as set forth in the
Florida Building Code, Broward County Amendments, and other regulatory codes of
the State of Florida, and any associated regulations; and describe the tower's
capacity, including an example of the number and type of antennas it can
accommodate.
A. No tower shall be permitted to exceed its loading capacity.
B. All towers shall have the capacity to permit multiple users; at a minimum,
monopole towers shall be able to accommodate two users.
(iv) Statement of Necessity
No new towers shall be permitted unless the applicant demonstrates to the
reasonable satisfaction of the City that no existing WCFs can accommodate the
needs that the applicant proposes to address with its tower application. Evidence
submitted to demonstrate that no existing WCF can accommodate these needs may
consist of the following:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 82
A. No existing WCFs with a suitable height are located within the geographic area
required to meet the applicant's engineering requirements;
B. Existing WCFs do not have sufficient structural strength to support applicant's
proposed WCF;
C. The applicant's proposed WCFs would cause electromagnetic interference
with the WCFs on the existing WCFs or the existing WCF would cause
interference with the applicant's proposed WCF; and
D. The applicant demonstrates that there are other limiting factors that render
existing WCFs unsuitable for collocation.
(v) Height/Setbacks and Related Location Requirements
A. The height of a tower shall not exceed 200 feet. Tower height shall be
measured from the crown of the road of the nearest public street.
B. Towers shall conform to the setbacks established for all underlying zoning
districts.
C. Towers shall not be permitted within 250 feet of any residential district.
D. Antennas located on towers shall not exceed the height of the tower by more
than 20 feet.
E. All buildings and other structures to be located on the same property as a
tower shall conform to the setbacks established for the underlying zoning
district.
(vi) Buffering
A. Landscaping, consistent with the requirements of §10-4.4 of this Code, shall be
installed around the entire perimeter of any fence or wall. Additional
landscaping may be required around the perimeter of a fence or wall installed
in association with any tower, if deemed necessary to buffer adjacent
properties. The city may require landscaping in excess of the requirements of
the city’s Land Development Code in order to enhance compatibility with
adjacent residential and nonresidential land uses.
B. Landscaping consistent with perimeter and onsite requirements of §10-4.4 of
this Code shall be installed around any accessory buildings or structures.
C. All towers, excluding towers in right-of-way, shall be enclosed by security
fencing or wall at least six feet in height and shall also be equipped with an
appropriate anti-climbing device. No security fencing or any portion thereof
shall consist of barbed wire or chain link material.
(vii) High Voltage and No-Trespassing Warning Signs
A. If high voltage is necessary for the operation of a tower or any accessory
structures, "HIGH VOLTAGE—DANGER" warnings signs shall be permanently
attached to the fence or wall and shall be spaced no more than 40 feet apart.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 83
B. "NO TRESPASSING" warning signs shall be permanently attached to the fence
or wall and shall be spaced no more than 40 feet apart.
C. The letters for the "HIGH VOLTAGE—DANGER" and "NO TRESPASSING"
warning signs shall be at least six inches in height. The two warning signs may
be combined into one sign. The warning signs shall be installed at least five feet
above the finished grade of the fence.
D. The warning signs may be attached to freestanding poles if the content of the
signs may be obstructed by landscaping.
(viii) Non-interference
Each application to allow construction of a tower shall include a statement prepared
by a registered radio audio frequency (RAF) engineer that the construction and
placement of the tower will not unnecessarily interfere with public safety
communications and the usual and customary transmission or reception of radio
and television service enjoyed by adjacent residential and nonresidential
properties. A statement shall be prepared by a registered engineer identifying any
interference that may result from the proposed construction and placement.
(ix) Additional Design Standards
A. Towers shall either maintain a galvanized steel finish, or, subject to any
applicable FAA standards, be painted a neutral color so as to reduce visual
obtrusiveness as determined by the City;
B. Tower structures should use existing land forms, vegetation, and structures to
aid in mitigating the impact of the facility from view, or allowing the facility to
blend in with the surrounding built and natural environment;
C. Monopole support structures are encouraged to taper from the base to the tip;
D. Towers should be sited in a manner that that is least obtrusive to residential
structures and residential district boundaries where feasible;
E. Towers should take into consideration the uses on adjacent and nearby
properties and the compatibility of the tower to these uses;
(x) Inspections
A. Tower owners shall submit a report to the city's building department, certifying
structural and electrical integrity on the following schedule:
1. Monopole towers: At least once every five years;
2. Self-support/lattice towers: At least once every two years; and
3. Guyed towers: At least once every two years.
B. Inspections shall be conducted by an engineer licensed to practice in the state
or otherwise exempt per Section 471.003, Florida Statutes. The results of such
inspections shall be provided to the building department. Based upon the
results of an inspection, the building official may require repair or removal of a
tower.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 84
C. The building department may conduct periodic non-intrusive inspections of
towers to ensure structural and electrical integrity. The owner of the tower
may be required by city to have more frequent inspections should there be
reason to believe that the structural and electrical integrity of the tower is
jeopardized.
(xi) Existing Towers
Notwithstanding the above provisions of this section, antennas, unless exempt as
provided in Section (3)(b), may be placed on existing towers with sufficient loading
capacity after administrative approval by the Director. The capacity shall be certified
by an engineer licensed to practice in the state.
(e) Related Accessory Equipment
Accessory equipment for all WCFs shall meet the following requirements:
(i) All buildings, shelter, cabinets, and other accessory components shall be grouped
as closely as technically possible;
(ii) No related accessory equipment or accessory structure shall exceed 12 feet in
height; and
(iii) Accessory equipment, including but not limited to remote radio units, shall be
camouflaged, or hidden, whenever possible by locating behind parapet walls or
within equipment enclosures or fenced compounds. Where such alternate locations
are not available, the accessory equipment shall be camouflaged or concealed.
(iv) All accessory buildings or structures shall meet all building design standards as
listed in this Code, and in accordance with the provisions of the Florida Building
Code, Broward County Amendments, and other regulatory codes of the State of
Florida. All accessory buildings or structures shall require a building permit issued
by the building department.
(8) Shared Use of Wireless Communication Facilities
(a) Collocation Encouraged
(i) Notwithstanding any other provision of this section, to minimize adverse visual
impacts associated with the proliferation and clustering of towers, collocation of
WCFs on existing structures or new towers shall be encouraged but not required.
(ii) No new tower shall be built, constructed, or erected in the city unless such tower is
capable of accommodating additional WCFs owned by other persons.
(b) Collocation Information Required in Tower Application
Collocation of communication antennas by more than one provider on existing or new
towers shall be preferred over the construction of new single-use towers. Accordingly,
each application for a tower shall include the following:
(i) A written evaluation of the feasibility of sharing a tower, if an appropriate tower or
towers is/are available. The evaluation shall analyze one or more of the following
factors:
A. Structural, capacity of the tower or towers;
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 85
B. Radio frequency interference;
C. Geographical service area requirements;
D. Mechanical or electrical incompatibility;
E. Inability or ability to locate equipment on the tower or towers;
F. Availability of towers for co-location;
G. Any restrictions or limitations of the Federal Communications Commission
that would preclude the shared use of the tower;
H. Additional information requested by the city.
(ii) The city may deny an application if an available co-location is feasible and the
application is not for such co-location.
(c) Towers Inappropriate for Sharing
A tower that is determined to be inappropriate for collocation shall be assumed to be
inappropriate for sharing the same types of facilities in the future. Such towers will not
need to be evaluated in the future regarding sharing with the same type of facility for
which it has been determined to be inappropriate. The community development
department shall retain a list of such towers, and will provide a copy of the list to all
potential applicants. The city may require additional sharing feasibility evaluations if
warranted by changes in technology.
(d) Notice of Towers Approved for Shared Use
For any tower approved for collocation, the owner of the tower shall provide notice of the
location of the tower and the tower's load capacity to all other providers. The City shall
maintain a list of all providers of wireless communication services from towers and
other WCFs located within the City for the purpose of providing notice.
(9) Small and Micro WCFs in the Public Rights-of-Way
Small and Micro WCFs in the public rights-of-way shall meet the following minimum
standards:
(a) Required Approvals
No application for placement of a WCF in the public rights-of-way or on private property
shall be permitted without first receiving any required approval of the building
department unless otherwise exempted by this subsection.
(b) Definitions
(i) This sub-section was adopted pursuant to the authority provided in Chapter 2017-
136, Laws of Florida, which enacted Section 337.401(7), Fla.Stat., known as the
“Advanced Wireless Infrastructure Deployment Act,” as may be amended from time
to time. To the extent of any conflict between this sub-section and state law, the
applicable provisions of state law shall control.
(ii) For purposes of this sub-Section, the following definitions shall apply:
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 86
A. ANTENNA means communications equipment that transmits or receives
electromagnetic radio frequency signals used in providing wireless services.
B. APPLICABLE CODES means uniform building, fire, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization or local
amendments to those codes enacted solely to address threats of destruction
of property or injury to persons, or local codes or ordinances adopted to
implement Section 337.401, Fla.Stat., as may be amended from time to time. The
term includes objective design standards adopted by ordinance that may
require a new Utility Pole that replaces an existing Utility Pole to be of
substantially similar design, material, and color or that may require
reasonable spacing requirements concerning the location of ground-mounted
equipment. The term includes objective design standards adopted by
ordinance that may require a Small Wireless Facility to meet reasonable
location context, color, stealth, and concealment requirements.
C. APPLICANT means a person who submits an Application and is a Wireless
Provider.
D. APPLICATION means a request submitted by an Applicant to the City for a
permit to Collocate Small Wireless Facilities.
E. CITY UTILITY POLE means a Utility Pole owned by the City and located in the
right-of-way.
F. COLLOCATE OR COLLOCATION means to install, mount, maintain, modify,
operate, or replace one or more wireless facilities on, under, within, or
adjacent to a Wireless Support Structure or Utility Pole. The term does not
include the installation of a new Utility Pole or Wireless Support Structure in
the Public Rights-of-Way.
G. MICRO WIRELESS FACILITY means a Small Wireless Facility having
dimensions no larger than 24 inches in length, 15 inches in width, and 12 inches
in height and an exterior Antenna, if any, no longer than 11 inches.
H. SMALL WIRELESS FACILITY means a wireless facility that meets the following
qualifications:
1. Each Antenna associated with the facility is located inside an enclosure of
no more than 6 cubic feet in volume or, in the case of Antennas that have
exposed elements, each Antenna and all of its exposed elements could fit
within an enclosure of no more than 6 cubic feet in volume; and
2. All other wireless equipment associated with the facility is cumulatively
no more than 28 cubic feet in volume. The following types of associated
ancillary equipment are not included in the calculation of equipment
volume: electric meters, concealment elements, telecommunications
demarcation boxes, ground-based enclosures, grounding equipment,
power transfer switches, cutoff switches, vertical cable runs for the
connection of power and other services, and Utility Poles or other support
structures.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 87
I. UTILITY POLE means a pole or similar structure that is used in whole or in part
to provide communications services or for electric distribution, lighting, traffic
control, signage, or a similar function. The term includes the vertical support
structure for traffic lights but does not include a horizontal structure to which
signal lights or other traffic control devices are attached and does not include a
pole or similar structure 15 feet in height or less unless the City grants a waiver
for such pole.
J. WIRELESS PROVIDER means a wireless infrastructure provider or a wireless
services provider.
K. WIRELESS SUPPORT STRUCTURE means a freestanding structure, such as a
monopole, a guyed or self-supporting tower, or another existing or proposed
structure designed to support or capable of supporting wireless facilities. The
term does not include a Utility Pole.
(c) Location; Alternative Location Procedure
Small Wireless Facilities shall not be subject to the minimum separation distances set
forth in this code, except as expressly permitted by law. Within 14 days after the date of
filing a complete Application for a Small Wireless Facility, the City may request that the
proposed location of a Small Wireless Facility be moved to another location in the right-
of-way and placed on an alternative City Utility Pole or support structure or may place a
new Utility Pole. The City and the Applicant may negotiate the alternative location,
including any objective design standards and reasonable spacing requirements for
ground-based equipment, for 30 days after the date of the request. At the conclusion of
the negotiation period, if the alternative location is accepted by the Applicant, the
Applicant must notify the City of such acceptance and the Application shall be deemed
granted for any new location for which there is agreement and all other locations in the
Application. If an agreement is not reached, the Applicant must notify the City of such
non-agreement and the City shall grant or deny the original Application within 90 days
after the date the Application was filed. A request for an alternative location, an
acceptance of an alternative location, or a rejection of an alternative location must be in
writing and provided by electronic mail
(d) Height
The height of a Small Wireless Facility shall not exceed 10 feet above the Utility Pole or
structure upon which the Small Wireless Facility is to be collocated. The height for a new
Utility Pole is limited to the tallest existing Utility Pole as of July 1, 2017, located in the
same right-of-way, other than a Utility Pole for which a waiver has previously been
granted, measured from grade in place within 500 feet of the proposed location of the
Small Wireless Facility. If there is no Utility Pole within 500 feet, the height of the Utility
Pole upon which the Small Wireless Facility is to be collocated shall not exceed 50 feet.
(e) Collocation Application Process
Within 14 days after receiving an Application for a permit to collocate a Small Wireless
Facility, the City shall determine and notify the Applicant by electronic mail as to whether
the Application is complete. If an Application is deemed incomplete, the City shall
specifically identify the missing information. An Application is deemed complete if the
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 88
City fails to provide notification to the Applicant within 14 days. Pursuant to Section
337.401(7), Fla.Stat., as may be amended from time to time, a complete Application to
collocate a Small Wireless Facility is deemed approved if the City fails to approve or deny
the Application within 60 days after receipt of the Application. If the City does not use the
30-day negotiation period provided in subsection (a) above, the parties may mutually
agree to extend the 60-day Application review period. The City shall grant or deny the
Application at the end of the extended period. A permit issued pursuant to an approved
collocation Application shall remain effective for 1 year unless extended by the City.
(f) Written Approval or Denial
The City shall notify the Applicant of approval or denial by electronic mail. The City shall
approve a complete Application unless it does not meet the Applicable Codes. If the
Application is denied, the City shall specify in writing the basis for denial, including the
specific code provision(s) on which the denial was based, and send the documentation to
the Applicant by electronic mail on the day the City denies the Application. The Applicant
may cure the deficiencies identified by the City and resubmit the Application within 30
days after notice of the denial is sent to the Applicant. The City shall approve or deny the
revised Application within 30 days after receipt or the Application is deemed approved.
Any subsequent review shall be limited to the deficiencies cited in the denial.
(g) Consolidated Application
An Applicant seeking to collocate Small Wireless Facilities within the City may, at the
Applicant’s direction, file a consolidated Application and receive a single permit for the
collocation of up to 30 Small Wireless Facilities. If the Application includes multiple
Small Wireless Facilities, the City may separately address Small Wireless Facility
collocations for which incomplete information has been received or which are denied.
(h) Basis for Denial
The City may deny a proposed collocation of a Small Wireless Facility in the Public
Rights-of-Way if the proposed collocation:
(i) Materially interferes with the safe operation of traffic control equipment;
(ii) Materially interferes with sight lines or clear zones for transportation, pedestrians,
or public safety purposes;
(iii) Materially interferes with compliance with the Americans with Disabilities Act or
similar federal or state standards regarding pedestrian access or movement;
(iv) Materially fails to comply with the 2010 edition of the Florida Department of
Transportation Utility Accommodation Manual; or
(v) Fails to comply with Applicable Codes.
(i) Exemptions
The following shall not require permit approval, fees, or other charges:
(i) Routine maintenance;
(ii) Replacement of existing wireless facilities with wireless facilities that are
substantially similar or of the same or smaller size; or
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 89
(iii) Installation, placement, maintenance, or replacement of Micro Wireless Facilities
that are suspended on cables strung between existing Utility Poles in compliance
with Applicable Codes by or for a Communications Services Provider authorized to
occupy the Rights-of-Way and who is remitting taxes under Chapter 202, Florida
Statutes.
(j) Collocation on City Utility Poles
(i) The fee to collocate a Small Wireless Facility on a City Utility Pole shall be $150 per
pole annually.
(ii) The City may reserve space on a City Utility Pole for future public safety uses.
However, a reservation of space may not preclude collocation of a Small Wireless
Facility. If replacement of the City Utility Pole is necessary to accommodate the
collocation of the Small Wireless Facility and the future public safety use, the pole
replacement is subject to make-ready provisions and the replaced pole shall
accommodate the future public safety use.
(iii) For a City Utility Pole that supports an aerial facility used to provide communication
services or electrical service, the City and Applicant shall comply with the process
for make-ready work under 47 U.S.C. s. 224 and implementing regulations. The good
faith estimate of the City for any make-ready work necessary to enable the pole to
support the requested collocation must include pole replacement, if necessary.
(iv) For a City Utility Pole that does not support an aerial facility used to provide
communications services or electric service, the City shall provide a good faith
estimate for any make-ready work necessary to enable the pole to support the
requested collocation, including necessary pole replacement, within 60 days after
receipt of a complete Application. Make-ready work, including any pole
replacement, shall be completed within 60 days after written acceptance of the good
faith estimate by the Applicant. Alternatively, the City may require the Applicant
seeking to collocate a Small Wireless Facility to provide a make-ready estimate at
the Applicant’s expense of the work necessary to support the Small Wireless
Facility, including pole replacement, and perform the make-ready work. If pole
replacement is required, the scope of the make-ready estimate is limited to the
design, fabrication, and installation of a Utility Pole that is substantially similar in
color and composition. The City may not condition or restrict the manner in which
the Applicant obtains, develops, or provides the estimate or conducts the make-
ready work subject to usual construction restoration for work in the rights-of-way.
(v) The make-ready work specified in subsections (iii) and (iv) above shall be subject to
the City’s usual construction restoration standards for work in the right-of-way. The
replaced or altered City Utility Pole shall remain the property of the City.
(k) Design Standards
The City’s design standards set forth in the Applicable Codes may be waived by the
Director upon a showing that the design standards are not reasonably compatible for the
particular location of a Small Wireless Facility or that the design standards impose an
excessive expense for a Small Wireless Facility. The waiver shall be granted or denied
within 45 days after the date of the request.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 90
(l) Permitting
An Applicant for installation of a Small Wireless Facility shall obtain a right-of-way
permit from the City for any work that involves excavation, closure of a sidewalk, or
closure of a vehicular lane.
(m) Airport Airspace
A structure granted a permit and installed pursuant to this section shall comply with
Chapter 333, Florida Statutes, and federal regulations pertaining to airport airspace
protections.
(n) No Authorization to Collocate on City Utility Poles; No Application to Homeowner’s
Association Restricted Pole
This section does not authorize a person to collocate Small Wireless Facilities or Micro
Wireless Facilities on a City Utility Pole, unless otherwise permitted by applicable law, or
erect a Wireless Support Structure in a location subject to covenants, conditions,
restrictions, articles of incorporation, and bylaws of a homeowners’ association.
(o) Equipment
The location in the public rights-of-way of any equipment or equipment cabinets
associated with WCFs shall be subject to the approval of the City Engineer. Any such
cabinets or equipment must be approved by the City Engineer as to safety, and shall not
interfere with the use of the public rights-of-way. No generators utilized in connection
with WCFs may be placed in the public rights-of-way, except temporarily in the case of
emergency and if approved in advance by the City Engineer.
(p) Antennas
(i) Each application, other than for collocation, shall contain a visual depiction,
rendering, or photograph of the proposed antenna that depicts its aesthetic features
including, but not limited to, the use of colors and screening devices. The application
shall be subject to administrative approval determining consistency with the
requirements of this Code. The Director may require, to the extent possible, that
aesthetic features including but not limited to, the use of colors and screening
devices, be used so that antennas blend into the surrounding environment.
(ii) No signals, lights, or illumination shall be permitted on an antenna or, except in the
case of a light pole or a stealth facility designed to emulate a light pole, on a pole to
which such antenna is attached, unless required by applicable state or federal laws
or rules.
(iii) No exterior antenna in the public rights-of-way shall exceed the height of the pole to
which it is attached by 10 feet or more, unless it is attached as a collocation to an
existing power, light or other utility pole or on a pole designed to emulate a light
pole.
(iv) Exterior looping of excess cable length installed on any WCF located in the public
right- of-way is prohibited.
Article 3 Use Regulations
10-3.3 Use-Specific Standards
10-3.3(F) Wireless Communication Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 91
(q) Inspections
(i) Owners or operators of WCFs in the public rights-of-way shall ensure that the city
has all information required as provided in Chapter 5.6, Telecommunications, of the
City’s Code of Ordinances related to registration.
(ii) The building department may conduct non-intrusive periodic inspections of WCFs in
the public rights- of-way to ensure structural integrity and electrical safety. The
owner or operator of WCFs in the public rights-of-way may be required to have
more frequent inspections of a particular facility should there be reason to believe
that the structural integrity and electrical safety of said facility has been
jeopardized.
(r) Modifications or Replacements
Any collocation of new transmission equipment, removal of transmission equipment or
replacement of transmission equipment that substantially changes the physical
dimensions of an antenna node site shall be subject to approval of the city's building
department.
(s) Statements and Certifications
Any statement or certification submitted by or on behalf of an applicant pursuant to the
provisions of this section shall be prepared applying rational analysis by one or more
engineers registered and licensed in the state, or by such other person or persons
designated by the applicant who are qualified to perform the required analysis. Any
person or persons providing such a statement or statements shall also certify as to his
or her competence in the discipline or disciplines necessary to perform the analysis and
to provide the statement.
(t) Reservation of Rights
(i) The city does not waive any rights under applicable law with respect to management
of its public rights-of-way. The city shall require that owners and users of WCFs in
the public rights-of-way pay the maximum compensation to the city that is allowed
by law. The city reserves the right to enforce all applicable city code provisions with
respect to WCFs in the public rights-of-way.
(ii) The city does not warrant or make any representations that the public rights-of-way
are available, suitable, or appropriate for the construction, placement, maintenance,
or use of WCFs.
(iii) The city's approval of an application for the construction, placement, or modification
of WCFs in the public rights-of-way shall not create any rights in such facilities'
ability to be maintained or utilized in the public rights-of-way for any particular
period of time or any rights that are inconsistent with the city code.
(iv) The city reserves the right to abandon any public rights-of-way, notwithstanding the
presence of any WCFs in the public rights-of-way that have been approved by the
city and the city shall have no liability or responsibility to the owner, operator, or
users of such WCFs in the public rights-of-way.
(v) The city reserves the right to require the relocation or removal of any WCFs in the
public rights-of-way consistent with its authority under applicable law. The city
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 92
shall have no liability or responsibility to the owner, operator, or users of the WCFs
in the public rights-of-way.
(vi) The city shall have no responsibility or liability for damage to or interference with
the use or maintenance of WCFs in the public rights-of-way by any third party.
10-3.4 Accessory Uses and Structures
(A) Purpose
The purpose of this section is to authorize the establishment and continuation of land uses and
structures that are incidental and customarily subordinate to principal uses. This section is
intended to allow a broad range of accessory uses and structures, so long as they are listed in the
table of allowed uses and comply with the standards set forth in this section to reduce potentially
adverse impacts on surrounding lands.
(B) Accessory Uses and Structures Allowed
(1) Table 10-3.1: Allowed Uses, lists allowed accessory uses and structures alphabetically.
Accessory uses not listed in the table require approval under the procedure in §10-3.2(E),
Classification of New and Unlisted Uses.
(2) All principal uses allowed in a zoning district shall be deemed to include those accessory
uses, structures, and activities typically associated with the use as described in §10-6.2, Use
Categories and Use Types Defined, unless specifically prohibited in this Section.
(C) General Standards
All accessory uses and structures shall comply with the following general standards:
(1) Compliance with this Code
(a) All accessory structures shall be subject to the dimensional requirements in Article 2:
Zoning Districts. In the case of any conflict between the accessory use/structure
standards of this section and any other requirement of this Code, the more restrictive
standards shall control.
(b) All accessory uses shall be subject to the standards in this Section 10-3.4, Accessory
Uses and Structures, as well as any use-specific standards applicable to the associated
principal use as set forth in §10-3.3, Use-Specific Standards. Parking requirements shall
be met for both the principal use and any accessory use.
(2) Relationship to Principal Use or Structure
(a) Except as otherwise expressly allowed in this Code, an accessory use or structure shall
not be established or constructed before the establishment or construction of the
principal use or structure.
(b) Accessory uses shall not be permitted as the exclusive use of any property regardless of
whether that accessory use was permitted by-right or by special exception.
(3) Location
The accessory use shall be conducted and/or located on the same lot(s) as the principal use
and to the rear of the front setback line, unless otherwise approved by the Director. No
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 93
accessory structure shall be located within ten feet of the site’s principal structure. When
located to the rear of the primary structure, accessory buildings need not comply with the
side or rear setback lines applicable to the primary structure provided that the accessory
building is not located closer than ten feet from any alley and not closer than five feet from
any property line.
(4) Size and Height
The maximum size of any accessory building shall be 1,000 square feet unless approved by
Special Exception. No accessory building shall exceed the height of the site’s principal
structure.
(D) Additional Standards for Specific Accessory Uses
(1) Accessory Dwelling Units
An accessory dwelling unit shall be permitted as accessory to, and on the same lot as, a
single-family detached dwelling unit, duplex dwelling unit, single-family attached dwelling
unit, or a live/work dwelling, subject to the following standards:
(a) Districts Allowed
Accessory dwelling units shall be allowed as accessory uses to principal residential
uses in the districts identified in Table 10-3.1: Allowed Uses. Accessory dwelling units
shall not count towards the maximum net density standards.
(b) Where Permitted on Lot
(i) A permitted accessory dwelling unit shall comply with all applicable site and
building design, access, and other standards for principal dwelling units in the
zoning district in which the accessory dwelling unit will be located.
(ii) An accessory dwelling unit may be within or attached to the principal dwelling (e.g.,
a downstairs or upstairs apartment), or exist within or as a detached structure (e.g.,
an apartment above a detached garage or a guesthouse).
(iii) No detached accessory dwelling unit may be located within 10 feet of the principal
structure or occupy more than 50 percent of the required rear setback.
(iv) Mobile homes, manufactured housing, industrialized housing, recreational vehicles,
travel trailers, and any other wheeled or transportable structure shall not be used
as accessory dwelling units.
(c) Size of Accessory Dwelling Unit
No accessory dwelling unit shall exceed 33 percent of the size of the habitable floor area
of the principal unit. An accessory dwelling unit shall contain private sanitary facilities
with hot and cold running water and cooking and food storage facilities.
(d) Number of Bedrooms
Accessory dwelling units shall be limited to one bedroom.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 94
(e) Limit on Number
There shall be no more than one accessory dwelling unit on a lot in addition to the
principal single-family dwelling. Only one kitchen is allowed per accessory unit.
(f) Off-Street Parking
At least one off-street parking space shall be provided for each accessory dwelling unit.
(g) Ownership; Leasing
An accessory dwelling unit shall not be sold apart from the principal dwelling on the
same lot.
(2) Bingo Game
(a) Compliance with State Law
No business license or special exception shall be granted for any facility that does not
fully meet the requirements of F.S. §849.0931, as amended.
(b) Compliance with this Code
All charitable, civic, community, benevolent, religious, scholastic, fraternal and veterans
organizations, together with condominium associations or planned community
associations, shall comply with the city's zoning laws (this Code) applicable to the
conduct of bingo games.
(c) Districts Allowed
(i) In any RC district and in religious assembly uses only, except as otherwise set forth
herein, bingo games shall be permitted subject to the following restrictions:
A. No person conducting or assisting in the operation of any bingo games shall
receive any compensation;
B. The sponsor may not contract with any firm, corporation, or individual to
operate or manage the games for it.
(ii) Bingo games shall be permitted in MUC and NC zoning districts subject to the same
restrictions as if the game was conducted in a RC zoning district or a religious
assembly use, if the nonprofit organization that applies for the permit has been
housed in and operating in the city for not less than three years.
(d) Required Permit and Fee
All charitable, civic, community, benevolent, religious, scholastic, fraternal and veterans
organizations, together with condominium associations or planned community
associations, that desire to perform, conduct, operate, maintain or supervise a bingo
game must first obtain an annual permit from the city and shall remit to the supervisor of
local business licenses an annual permit fee to the city in an amount established by the
city commission, to defray administrative and investigative expenses.
(e) Bingo Permit Suspension
A bingo permit may be suspended at any time the police chief has reason to believe that:
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 95
(i) The grounds for issuing the permit no longer exist;
(ii) The permittee is operating in violation of this article;
(iii) The permit was secured by fraud or misrepresentation;
(iv) Any proceeds derived from such games are shared with anyone other than the
permittee and the proceeds from such games are used for any purpose other than
the furtherance of legitimate charitable or other lawful purpose.
(3) Car Wash, Accessory
In all zone districts, where permitted:
(a) A car wash bay is permitted as accessory to a Convenience Store or an Automobile
Services use only. The car wash bay shall be limited in capacity to one vehicle and may be
operated with either manual or automatic equipment;
(b) If the lot containing the car wash bay abuts a residential use or residential zoning district,
the hours of operation of the car wash bay shall be limited to the time period between
8:00 a.m. and 9:00 p.m.;
(c) The drive-through service facilities shall be designed in accordance with §10-4.3(I),
Drive-Through Vehicle Stacking Standards; and
(d) The car wash shall comply with all local and county water quality and other
environmental standards.
(4) Drive-Through Service Facility
(a) The drive-through service facilities shall be designed in accordance with §10-4.3(I),
Drive-Through Vehicle Stacking Standards.
(b) The drive-through service facility shall be designed to avoid obstructions to pedestrian
movement along sidewalks, through public use areas, or between parking spaces and
building entrances.
(c) The design of any roof or awning over the drive-through service facilities and lanes,
including any supporting columns and brackets, shall match or be complimentary to the
design and exterior building materials of the principal building and meet the required
principal building setbacks for the zoning district.
(5) Dwelling, Caretaker
Caretaker dwellings within the same structure as a nonresidential use may be located in
areas designated commercial without the application of flex or redevelopment units. Except
as specified for self-service storage in §10-3.3(E)(3), Self-storage Facility, Indoor or Outdoor,
each dwelling unit shall not exceed 1,500 square feet in gross floor area, shall not be less than
400 square feet in gross floor area, and shall not exceed 50 percent of the gross floor area of
the building where the unit is located, whichever is less. Such dwelling units shall be located
within the building to which the dwelling is accessory.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 96
(6) Flags and Flagpoles
(a) General Standards
Flags and flagpoles are allowed in all zoning districts generally, subject to the following
standards:
(i) Flags of nations, states, counties, municipalities, civic organizations and/or
corporations shall be exhibited in the proper manner.
(ii) All flagpoles, whether freestanding or attached to a building, require a building
permit pursuant to §10-5.4(N), Building Permit.
(iii) For properties containing governmental institutions in freestanding buildings,
including public or private schools:
A. A maximum of three flagpoles per property may be erected containing a
maximum of three flags per pole;
B. A maximum of two flagpoles may be attached to the freestanding building;
C. Flag poles attached to a building shall contain one flag per pole;
D. The maximum size of any one flag is 60 square feet; and
E. Flags attached to a pole attached to a building shall not exceed 15 square feet.
1. The minimum required setback for flagpoles from all property lines shall
be equal to the overall height of the flagpole.
2. Flagpoles shall not exceed the maximum height permitted by the zoning
district.
3. Flagpoles attached to a building shall not extend beyond the existing
building height including parapets.
4. The flagpoles attached to a building shall be located no higher than the top
of the first floor.
(b) Flags and Flagpoles in Residential Districts
In addition to the standards set forth in (a) above, the following shall apply to all flags and
flagpoles within residential districts:
(i) Only one flagpole per property may be erected containing no more than two flags;
(ii) Flagpoles attached to a building shall contain one flag per flagpole;
(iii) The maximum area of any flag is 24 square feet;
(iv) Flags attached to a pole attached to a building shall not exceed 15 square feet; and
(v) No flags of any commercial nature may be displayed within any residential districts.
(c) Flags and Flagpoles in Nonresidential, Mixed-Use, and Special Purpose Districts
In addition to the standards set forth in in (a) above, the following shall apply to all flags
and flagpoles within nonresidential, mixed-use, and special purpose districts:
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 97
(i) Two flagpoles per property may be erected containing one flag per flagpole or one
flagpole per property containing two flags;
(ii) Flagpoles attached to a building shall contain one flag per flagpole;
(iii) The maximum area of any one flag is 60 square feet;
(iv) Flags attached to a pole attached to a building shall not exceed 15 square feet;
(v) Only one corporate flag is permitted which may contain the logo of the corporation
located on the property containing the flag pole; and
(vi) The building on the property shall contain a minimum gross floor area of 20,000
square feet dedicated to a single business and the corporate flag must represent
this business.
(7) Home Occupations
A home occupation may be permitted as an accessory use to a principal dwelling unit in any of
the residential or mixed-use districts, provided that:
(a) Size/Area
The business or service is located within the dwelling or an associated permitted
accessory building, and does not exceed 20 percent of the combined floor area of the
structures or 500 square feet, whichever is less.
(b) Employees and Residency
The principal person or persons providing the business or service shall reside in the
dwelling on the premises.
(c) Neighborhood Compatibility
(i) All vehicles used in connection with the home occupation shall be of a size, and
located on the premises in such a manner, so as to not disrupt the quiet nature and
visual quality of the neighborhood, and there shall be no more than two vehicles
used in connection with any home occupation.
(ii) No more than one off-street parking space may be provided for the home
occupation, in addition to those off-street parking spaces required for the dwelling
itself pursuant to this Code.
(iii) No additional parking areas other than driveways shall be located in the required
front setback.
(iv) There shall be no advertising devices on the property, or other signs of the home
occupation, that are visible from outside the dwelling or accessory building.
(v) The property shall contain no storage of goods or services that are associated with
the home occupation outside of the area approved for a home occupation.
(vi) Wholesale or retail sales of goods shall not occur on the premises.
(vii) The home occupation shall not create traffic or parking congestion, noise, vibration,
odor, glare, fumes, or electrical or communications interference that can be
detected by the normal senses off the premises, including visual or audible
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 98
interference with radio or television reception. No heavy machinery shall be
operated in connection with the home occupation. No home occupation shall use
chemicals, materials, or equipment that are not normally found in a residential area.
No pickup or deliveries shall be made by anyone other than the licensee.
(d) Prohibited Home Occupations
The following uses, because of their impacts on the surrounding residential area, shall
not be permitted as home occupations: auto repair or motorized implement repair;
dance, music or other types of instruction (if more than four students are being
instructed at one time); dental offices; medical offices; the painting of vehicles, trailers or
boats; private schools with organized classes; motor vehicle towing operation; gun or
ammunition sales; auto sales brokers (if any vehicles for sale are brought to the
residence); barber shops having more than one chair, beauty shops having more than
one chair; welding shops; nursing homes.
(8) Outdoor Courts, Fields, Playgrounds and Pools
(a) All basketball hoops and backboards in street yard areas shall be permitted on the front
of the building or on a pole on or adjacent to the driveway only.
(b) Fixed basketball poles shall be located no closer than five feet to any property line or
edge of pavement.
(c) Portable basketball poles shall not be placed in a right-of-way or outside a property line.
When not in use, any portable basketball pole shall be stored at least five feet from the
property line.
(d) A swimming pool, spa, or hot tub may be located in a required interior side yard setback
or required rear yard setback.
(e) A swimming pool, spa, or hot tub shall be located at least five feet from any interior side
or rear lot line.
(f) The measurements shall be taken from the inner edge or water line of the pool.
(g) Portable pools which are less than 24 inches in depth may be allowed in any required
yard setback.
(9) Outdoor Seating, Commercial
Outdoor seating is allowed as an accessory use to any eating or drinking establishment,
subject to the following standards:
(a) No sound production or reproduction machine or device (including, but not limited to
musical instruments, loud-speakers, and sound amplifiers) shall be used, operated, or
played in the outdoor seating area at a volume that is any louder than necessary for the
convenient hearing of persons within the outdoor seating area, and that would disturb
the peace, quiet, or comfort of adjoining properties.
(b) Hours of operation of the outdoor seating area shall be the same as those for the eating
or drinking establishment.
(c) Food preparation shall occur only within the enclosed principal building containing the
eating or drinking establishment.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 99
(d) The outdoor seating area shall not obstruct the movement of pedestrians along
sidewalks or through areas intended for public use.
(e) No tables, chairs, umbrellas, or other furnishings or equipment associated with the
outdoor seating area shall be attached, chained, or otherwise affixed to any curb,
sidewalk, tree, post, sign, or other fixture within the outdoor seating area.
(f) The outdoor seating area may be permitted on a public sidewalk abutting or adjacent to
the front of the property containing an eating or drinking establishment subject to the
following requirements:
(i) The outdoor seating area shall be limited to that part of the sidewalk directly in front
of the property containing the eating or drinking establishment unless the owner of
adjoining property agrees in writing to an extension of the outdoor seating area to
that part of the sidewalk in front of the adjoining property.
(ii) The operator of the establishment shall enter into a revocable license agreement
with the city that has been approved as to form by the City Attorney and:
A. Ensures that the operator is adequately insured against and indemnifies and
holds the City harmless for any claims for damages or injury arising from
sidewalk dining operations, and will maintain the sidewalk seating area and
facilities in good repair and in a neat and clean condition;
B. Authorizes the City to suspend authorization of the outdoor seating use, and to
remove or relocate or order the removal or relocation of any sidewalk seating
facilities, at the owner’s expense, as necessary to accommodate repair work
being done to the sidewalk or other areas within the right-of-way containing or
near the outdoor seating area; and
C. Authorizes the City to remove or relocate or order the removal or relocation of
any sidewalk seating facilities, at the operator’s expense, if the operator fails to
comply with a City order to do so within a reasonable time period.
(iii) A clear pathway at least five feet wide shall be maintained to allow through public
pedestrian traffic along the sidewalk and from the sidewalk into the entrance to the
establishment. A greater width may be required where necessary to ensure the safe
and convenient flow of pedestrian traffic.
(iv) A clear separation of at least five feet shall be maintained from any alley, crosswalk,
fire hydrant, or similar public or emergency access feature in or near the sidewalk.
A greater clear distance may be required where necessary to ensure use of the
public or emergency access feature.
(v) No objects shall be placed along the perimeter of the outdoor sidewalk seating area
that would have the effect of forming a physical or visual barrier discouraging the
use of the sidewalk by the general public.
(vi) Tables, chairs, umbrellas, and other furnishings associated with the outdoor seating
area shall be of sufficient quality design, materials, and workmanship to ensure the
safety and convenience of area occupants and compatibility with adjacent uses.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 100
(10) Outdoor Storage
Outdoor storage is a permitted accessory use in the I-1 and I-2 zoning districts without
restriction. In the PF and SU zoning districts, outdoor storage is permitted through the site
plan review process and subject to compliance with the following requirements:
(a) Except for outdoor storage associated with industrial or agricultural uses, each outdoor
storage area shall be incorporated into the overall design of the primary structure on the
site and shall be located at the rear of the primary structure.
(b) Each outdoor storage area shall be screened from view from all property lines and
adjacent rights-of-way by an opaque fence or wall between six and eight feet in height
that incorporates at least one of the predominant materials and one of the predominant
colors used in the primary structure. The fence may exceed eight feet in height where the
difference in grade between the right-of-way and the outdoor storage area makes a
taller fence necessary to effectively screen the area. Materials may not be stored higher
than the height of the primary structure. The perimeter of the fence or wall must be
landscaped with a seven-foot wide strip containing a minimum of one tree for every 150
square feet of lot area.
(c) A landscaped earthen berm may be used instead of or in combination with a required
fence or wall.
(d) If the outdoor storage area is covered, then the covering shall include at least one of the
predominant exposed roofing colors on the primary structure.
(e) No materials may be stored in areas intended for vehicular or pedestrian circulation.
(f) No storage of any items may occur within the front setback area or within the one-half of
the each side setback nearest the street.
(11) Outdoor Storage (Vehicles)
(a) The standards below shall not apply to:
(i) Vehicles parked in City storage facilities;
(ii) Vehicles parked in duly authorized and properly licensed commercial
establishments that engaged in the sale or lease of motor vehicles; and
(iii) Vehicles which have an active commercial or business purpose for which the owner
or person having the use of said vehicle(s) holds a current and valid local business
license for a business location within the commercially zoned district; provided,
however, that such vehicle shall be parked, stored or kept within 10 feet of the
business location or at the rear of the commercial facility or structure. If parked at
the rear of the structure in cases where the structure abuts a public street, or any
residential or recreation/open space zoning district, the vehicle shall be provided
with an opaque screen, which screen when seen from the abutting residential
property, recreation property, public street or from the second floor or higher of a
residential structure, totally obstructs the view of the vehicle.
(b) Outdoor storage of vehicles and recreational vehicles may be allowed as an accessory
use in any non-residential zoning district only through the site plan review process and
subject to compliance with the following requirements:
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 101
(i) Except on sites undergoing construction activity, mobile or manufactured homes
are allowed to be stored only in conjunction with a principal industrial use and shall
be placed in the rear half of the lot.
(ii) Recreational vehicles shall be parked to the rear of the front setback line.
(iii) Construction equipment, trucks, or recreational vehicles exceeding a two-ton gross
weight, or similar sized vehicles, shall not be parked on any site with a principal
residential use.
(iv) Inoperable vehicles shall be stored only in conjunction with an industrial use
completely screened from view of a public street.
(v) There shall not be any type of vehicle stored on a vacant parcel of land.
(vi) No recreational vehicle shall be occupied or used for human habitation, including,
but not limited to sleeping, eats, or entertaining.
(vii) No commercial or recreational vehicle, boat, or boat trailer shall obstruct the
sidewalk.
(viii) Visible outside lettering, licensure information, decals, logos, vehicle wraps, or
other commercial information may be concealed by an aesthetically appropriate
and secured weatherproof cover. Examples of aesthetically appropriate and
secured weatherproof covers include but are not limited to a plain magnetic cover
similar to the color of the vehicle, or a properly secured vehicle cover. The Director’s
determination on the appropriateness of a particular cover shall be final.
(12) Satellite Dish
(a) A satellite dish is allowed as an accessory use or structure to any principal use or
structure. A satellite dish greater than one meter in diameter in a residential zoning
district, or a satellite dish greater than two meters in diameter in a nonresidential zoning
district, shall comply with the following standards to the extent such compliance does
not unreasonably delay, prevent, or increase the cost of installation, maintenance, or use
of the dish, or preclude reception of an acceptable quality signal. These standards shall
not be interpreted or enforced in any manner contrary to federal or state law.
(b) In a residential zoning district, a satellite dish may be located within a required interior
side yard or rear yard setback, but shall not:
(i) Be located within five feet of any lot line; and
(ii) Exceed a height of 15 feet above ground level, where mounted on a mast.
(c) In a mixed-use or nonresidential zoning district, a satellite dish may be located within a
required rear yard setback, but shall not:
(i) Be located within ten feet of any lot line; and
(ii) Exceed a height of 15 feet above ground level, where mounted on a mast.
(d) A satellite dish may be located on the roof of a principal structure, provided it shall not
extend more than 15 feet above the roof surface.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 102
(13) Small Wind Energy System
(a) Location and Setback
(i) Tower-mounted wind energy systems shall not be located within a front yard
setback.
(ii) A small wind energy system shall be set back a distance equal to its total extended
height (e.g., if on a roof, roof height plus the height of any tower extending from the
roof) plus five feet from all property lines, public street rights-of-way, and overhead
utility lines. Guy wires and other support devices shall be set back at least five feet
from all property lines.
(b) Height
The maximum height of a small wind energy system (including the tower and extended
blades) shall be the maximum height allowed in the zoning district plus 30 feet.
(c) Sound
Sound produced by the wind turbine under normal operating conditions, as measured at
the property line abutting an existing residential use, shall not exceed 55 dBA at any time.
The 55dBA sound level, however, may be exceeded during short-term events that occur
beyond the property owner’s control, such as utility outages and/or severe wind storms.
(d) Appearance
The wind turbine and tower shall be painted or finished in the color originally applied by
the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of
sky colors, or a color consistent with that of the buildings on the site. Bright,
luminescent, or neon colors, as determined by the Director, are prohibited.
(e) Blade Clearance
The blade tip or vane of any small wind energy system shall have a minimum ground
clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades
may extend over parking areas, public right of ways, driveways, or sidewalks.
(f) Lighting
No illumination of the turbine or tower shall be allowed unless required by the Federal
Aviation Administration (FAA).
(g) Access to Tower
On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed
to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood or
similar barriers shall be fastened to the bottom tower section such that it cannot readily
be climbed.
(h) Signage Prohibited
No wind generator, tower, building, or other structure associated with a small wind
energy system shall include any signage visible from any public street other than the
manufacturer’s or installer’s identification, appropriate warning signs, or owner
identification.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 103
(i) Utility Notification
No small wind energy system intended to connect to the electric utility shall be installed
until evidence has been submitted to the city that the relevant electric utility company
has been informed of the customer's intent to install an interconnected customer-owned
generator.
(j) Abandonment
On determining that a wind turbine has been inoperable for six consecutive months, the
Director shall send the property owner a notice and order requiring restoration of the
system to operating order within three months after receiving the notice. If the owner
fails to restore the system to operating condition within the three-month time frame, the
owner shall be required, at the owner’s expense, to remove the wind turbine from the
tower for safety reasons. If the owner fails to remove the wind turbine from the tower,
the city may pursue legal action to have the wind turbine removed at the owner’s
expense, in accordance with Section 10-5.5, Enforcement.
(14) Solar Energy Collection System (accessory)
(a) Location
The system may be located on the roof of a principal or accessory structure, on the side
of such structures, or on the ground in accordance with the standards in Section 10-
3.4(C)(3), Location. The City shall not be responsible for establishing an easement.
(b) Height
(i) The system shall comply with the maximum height standards for the zoning district
in which it is located, provided that a roof-mounted system shall not extend more
than 15 feet above the roofline of the structure on which it is mounted.
(ii) Where an existing structure exceeds the applicable height limit, a solar energy
collection system may be located on its roof irrespective of applicable height
standards, provided the system extends no more than five feet above the roof
surface.
(c) Generally
Solar energy devices shall be mounted in a manner that minimizes their appearance
from the street and are subject to the setbacks of the appropriate zoning district.
Ground-mounted solar energy devices less than five feet in height may extend into the
setbacks provided that no solar energy device shall ever be closer than five feet from
any property line.
(15) Swimming Pool
(a) Safety Barriers
Subject to subsection (b) below, no swimming pool final inspection or approval shall be
given by the building inspector unless there has been erected a safety barrier in
accordance with the Florida Building Code.
Article 3 Use Regulations
10-3.4 Accessory Uses and Structures
10-3.4(D) Additional Standards for Specific Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 104
(b) Setback Requirements
(i) Pools or patios without structural roofs covered only with open mesh screening
may be placed in a required side or rear setback area subject to the limitations set
forth below. In no case shall a pool or covered patio be placed in a required street
front yard or street side yard setback.
(ii) Pools or patios which are covered by a structural roof or enclosed by side walls
shall be subject to the same limitations on location as the primary building and shall
not be placed in any setback area.
(iii) All parts of a pool without a structural roof, including a structural deck, cap and/or
mechanical equipment covered with only open mesh screening, may be placed
within the required side or rear setback area but shall be no closer than five feet
from a property line. In no case shall there be encroachment into a utility or drainage
easement of record unless waivers are granted by the appropriate authorities. The
height of the open mesh screening shall not extend more than 15 feet above the slab
of the building.
(iv) In multifamily zoning districts, single-story residential buildings and two-story
townhouses shall be permitted a single-story patio without solid walls in the rear
setback when adjacent to RC-zoned property with a minimum rear yard setback of
eight feet if the patio has a structured roof, or five feet if the patio has a screened
roof.
(v) The owner of any property refused or denied a building permit by an officer of the city
may apply to the board of adjustment for a variance in any case where it can be
demonstrated that the enforcement of this section would create an undue hardship.
The fee for such applications shall be $150.00.
(c) Pumped Water Sediment Removal
(i) During construction of a swimming pool, any water that is pumped from the
excavation shall be carried by means of a hose to the nearest catch basin or to
another structure or area where the sediment contained in the water can be trapped
and physically removed to a landfill area. Water may not be pumped or spilled into a
yard or a grassed swale or street right-of-way by a swimming pool contractor or
other individual without provisions being made to trap the sediment in a confined
area and for the sediment to be removed daily. Further, the water must be carried to
a drain in a manner approved by the plumbing inspector.
(ii) As a prerequisite to the issuance of any permit for a swimming pool, the contractor
or owner must post with the city a two-hundred-dollar cash bond. This bond is in
addition to all other fees applicable to the construction of a swimming pool. This
bond will ensure that the areas where the water is pumped, whether it is to yards,
grass swales or city catch basins, is left clear of all sediment. The bond will be
released when the city engineer certifies cleanup is satisfactory. This final
inspection by the city engineer of the cleanup of the pumped water will be a
necessary prerequisite to the issuance of a certificate of occupancy for the pool.
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 105
(16) Utility Sheds
(a) Permit Required
Utility sheds may be permitted providing that they meet the standards set forth in the
Florida Building Code as amended from time to time. A building permit shall be required
in any residential district of the city.
(b) General
(i) Utility sheds shall not be permitted past the front line of the principal building.
(ii) For a corner lot, utility sheds shall be restricted to the primary building setbacks on
the street-side portion of the lot.
(iii) A utility shed may be placed no closer than five feet from a rear or side property line.
(iv) Height may not exceed the first floor height of the principal structure.
(v) Only one utility shed is allowed per property in residential districts.
10-3.5 Temporary Uses and Structures
(A) Purpose
The purpose of this section is to authorize the establishment of certain uses (including special
events) and structures of a limited duration. This section also sets out general standards
applicable to all temporary uses and structures, and special standards applicable to particular
temporary uses and structures. This section is intended to ensure that such uses or structure do
not negatively affect adjacent land, are discontinued upon the expiration of a set time period, and
do not involve the construction or alteration of any permanent building or structure.
(B) Temporary Uses and Structures Allowed
Table 10-3.1: Allowed Uses, lists allowed temporary uses and structures alphabetically.
Temporary uses and structures not listed in the table require approval under the procedure in
§10-3.2(E), Classification of New and Unlisted Uses.
(C) Approval Process; Temporary Use/Structure Permits
Prior to establishing any temporary use or structure, an applicant shall file an application for a
temporary use permit with the Director unless otherwise exempted in this code. A Temporary
Use/Structure Permit, if required, is required before the establishment, construction, or
installation of any temporary use or structure designated in Table 10-3.1: Allowed Uses.
(D) General Standards for All Temporary Uses
(1) All accessory uses are subject to the dimensional standards for the applicable zoning district
set forth in Article 2, Zoning Districts, as well as the general development and design
standards in Article 4: Development and Design Standards. In the case of any conflict, the
more restrictive standards, as determined by the Director, shall apply.
(2) Unless otherwise specified in this Code, any temporary use shall:
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(E) Additional Standards for Specific Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 106
(a) Obtain any other applicable city, county, state, or federal permits, including building
permits and health department permits;
(b) Not involve the retail sales or display of goods, products, or services within a public
right-of-way, except as part of an authorized not-for-profit, special, or city-recognized
or authorized event;
(c) Not be detrimental to property or improvements in the surrounding area or to the public
health, safety, or general welfare;
(d) Comply with any applicable conditions of approval that apply to a principal use on the
site;
(e) Not have substantial adverse effects or noise impacts on any adjoining permanent uses
or nearby residential neighborhoods;
(f) Not include permanent alterations to the site;
(g) Comply with temporary signage standards in §10-4.10(H), Temporary Signs.
(h) Shall remove temporary signs associated with the temporary use or structure after the
activity ends;
(i) Not interfere with the normal operations of any permanent use located on the property;
and
(j) Be located on a site containing sufficient land area to allow the temporary use, structure,
or special event to occur and accommodate associated pedestrian, parking, traffic
movement without disturbing environmentally sensitive lands.
(3) Duration
A temporary use may be approved for a period of 30 days, renewable upon specific
application for additional six-month periods.
(E) Additional Standards for Specific Temporary Uses
(1) General
In addition to the standards in §10-3.5(D), General Standards for All Temporary Uses,
standards for some specific temporary uses shall apply regardless of the zoning district or
the review procedure by which it is approved. This section sets forth and consolidates the
standards for all temporary uses for which a reference to this section is provided in the “Use-
Specific Standards” column of Table 10-3.1: Allowed Uses, and in the same order as they are
listed in the table. These standards may be modified by other applicable standards or
requirements in this Code.
(2) Garage or Yard Sale
(a) A garage or yard sale shall not require a temporary use permit but shall require an
Administrative No-Cost Permit.
(b) No garage or yard sale shall occur more than three times per year on the same lot.
(c) Garage or yard sales in the R-3 District may only be allowed for the association or
management company, not for individual dwellers.
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(E) Additional Standards for Specific Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 107
(3) Outdoor Sales, Seasonal
It shall be unlawful in the city for any person, firm, corporation, business or enterprise to sell,
dispense, offer for sale, or distribute any item or items from other than within an enclosed
building except as permitted in mixed-use and nonresidential zoning districts and as follows:
(a) A license for the sale of retail merchandise out-of-doors will be issued only for items
sold in connection with the following:
(i) Valentine’s Day (February 14);
(ii) Easter (date varies);
(iii) Mother’s Day (date varies);
(iv) Memorial Day (date varies);
(v) Father’s Day (date varies);
(vi) Independence Day (July 4);
(vii) Halloween (October 31);
(viii) Thanksgiving (date varies); and
(ix) Christmas (December 25).
(b) Any license issued for sales permitted under this section shall be valid only for a
temporary period of time, after having obtained a permit from the city and paying a
permit fee of $250.00 and complying with the following minimum requirements:
(i) A maximum of seven days preceding Valentine’s Day, Easter, Mother’s Day,
Memorial Day, Father’s Day, the Fourth of July, and Thanksgiving;
(ii) A maximum of 30 days preceding Halloween;
(iii) From Thanksgiving Day through December 26th.
(c) Prior to receipt of a license, an applicant shall comply with all of the following:
(i) The applicant for a license allowing temporary holiday sales shall provide the city
with an indemnification agreement holding the city harmless for all activities of the
applicant and shall submit proof of public liability insurance in a coverage amount of
no less than $500,000.00, at each sales location, which names the city as a named
insured and is issued by an insurance company authorized by the state department
of insurance to do business in the state. The policy must be approved by the city, risk
management division; and
(ii) A written, sworn application, signed by the applicant, shall be filed with the
occupational licensing section at least 30 days prior to the commencement of the
appropriate holiday period, as provided in subsection (b) above showing:
A. The name or names of the person or persons responsible for the management
or supervision of the applicant's business during the time that the activities will
be conducted in the city; the local address of such person or persons while
engaged in such business; the permanent address or addresses of such
person or persons; the capacity in which such person or persons will act (that
is, whether as proprietor, agent or otherwise); the name and address of the
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(E) Additional Standards for Specific Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 108
person, firm or corporation for whose account the business will be carried on,
if any; and if a corporation, under the laws of what state the same is
incorporated and the name and address of its registered agent in the State of
Florida; and
B. The proposed place or places in the city where applicant's business will be
conducted and length of time the business will be conducted; and
C. A statement of the nature, character and quality of the goods to be sold or
offered for sale by the applicant in the city; and
D. Proof of a State of Florida sales tax number; and
E. For vendors of sparklers who are required to register with the division of the
state fire marshal of the department of insurance under chapter 791, Florida
Statutes, proof of a completed registration form. Proof of actual registration
shall be submitted prior to issuance of the license; and
F. A written notarized statement from the owner of the property, or an authorized
agent of the owner, authorizing the location of the temporary holiday sales
vendor on the property; and
G. A sketch showing the exact location of the vendor.
H. The license issued under this article shall be posted conspicuously in the place
of business named therein. In the event that such person or persons applying
for such license shall desire to do business in more than one location within
the city, separate licenses shall be issued for each location of business, and
shall be posted conspicuously in each place of business.
(d) No licensee shall be issued more than 10 licenses. For the purpose of this subsection,
licensees shall be deemed the same if any one principal in the legal entity under which
the licensee is operating is identical, regardless of the structure of the legal entity.
(e) No license shall be transferred without written consent from the director of community
development of the city, as evidenced by an endorsement on the face of the license by the
director of community development showing to whom the license is transferred and the
date of transfer. The transferee of a license shall meet and be subject to all requirements
set forth herein for the original licensee.
(f) No license for the sale of sparklers may be issued unless such items may be lawfully
sold under Chapter 791, Florida Statutes.
(g) Locations for sales of merchandise licensed under this section are subject to the
following restrictions:
(i) Sparklers may only be sold at locations within a commercial zoning district. Such
sales shall not be permitted to be made from areas located within 50 feet from:
A. Any fuel storage facility of any kind; and
B. Any area required to provide parking in connection with a restaurant or lounge.
(ii) Christmas trees and sparklers may be sold only if each sales location has been
approved by the city fire department.
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(E) Additional Standards for Specific Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 109
(iii) Halloween and Christmas items may only be sold at locations within any
commercial zoning district or from areas immediately adjacent and utilized in
conjunction with the commercially zoned property, as well as from any property
owned by a nonprofit organization or institution.
(iv) A maximum of one four-foot-by-eight-foot sign for each location may be displayed
in connection with such sales.
(v) There shall be a minimum 1,500 feet between any two locations licensed under this
section; however, retail stores with over 20,000 square feet of floor area are exempt
from this requirement; nor shall a temporary holiday sales vendor be required to
locate at least 1,500 feet from such an establishment. For purposes of determining
which license application of two or more applications proposing sites within 1,500
feet of one another shall be approved, the date and time that each completed
application is received by the city shall determine the priority, with the earliest
completed application receiving the highest priority. For the purposes of this
section, a site duly licensed for the previous year and which complied with all
applicable regulations shall be considered to be the earliest completed application.
(vi) At any given location licensed under this section, there shall be a maximum of one
temporary holiday sales vendor.
(h) The sale of any merchandise by any holiday sales vendor as specified in this section
without a license as provided in Chapter 12 of the Code of the City of Tamarac is unlawful.
(i) Violation of this section shall be punishable as provided in §10-5.5, Enforcement, or by
any other means authorized by law.
(4) Special Event
(a) The Director shall forward the application for temporary use permit for a special event to
the city commission for review and decision only if a waiver of fees is requested or for
proposed outside alcohol consumption.
(b) No Special Event shall last for more than four consecutive days, or occur more than four
times a calendar year.
(c) There shall be adequate off-street parking and accessibility.
(d) The Fire Department and Police Department shall have determined that the site is
accessible for public safety vehicles and equipment.
(e) The Licensing Department shall have determined that any existing or proposed
permanent or temporary structures comply with applicable regulation of the Building
Code. Temporary structures associated with the event require appropriate building
permits and shall meet required setbacks.
(f) Adequate restroom facilities shall be provided per Florida Building Code as amended
from time to time.
(g) No premise shall be the site of a special event exceeding a collective total of 20 days or
four times within any calendar year, except where the site is publicly-owned property
and used for events sponsored by the city for the enjoyment or enrichment of its citizens.
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(F) General Standards for All Temporary Structures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 110
(h) Any applicant applying for a local business license for a Special Event in the city hall, at
the time of securing such license, be required to file with the Business Tax Division the
following:
(i) An affidavit that permission has been secured from the owner of the land upon
which the Special Event is intended to be held;
(ii) A bond, collateral agreement or other security conditioned to clean the premise
within 24 hours of all rubbish, debris, portable restroom facilities, and all equipment
after use by the applicant;
(iii) A written statement from the building department of the city that the site upon which
the Special event is intended to be held is not within any prohibited area;
(iv) A written statement of the fire department serving the city that the tents or
temporary buildings or structures under which the operations are to be held are
fireproof material and will not constitute a fire hazard.
(F) General Standards for All Temporary Structures
(1) All temporary structures are subject to the dimensional standards for the applicable zoning
district set forth in Article 2: Zoning Districts, as well as the general development and design
standards in Article 4: Development and Design Standards.
(2) In the case of any conflict, the more restrictive standards, as determined by the Director,
shall apply.
(3) Unless otherwise specified in this Code, any temporary structure shall:
(a) Obtain any other applicable city, county, state, or federal permits, including building
permits and health department permits;
(b) Not involve the retail sales or display of goods, products, or services within a public
right-of-way, except as part of an authorized not-for-profit, special, or city-recognized
or authorized event;
(c) Not be detrimental to property or improvements in the surrounding area or to the public
health, safety, or general welfare;
(d) Comply with any applicable conditions of approval that apply to a principal use on the
site;
(e) Not have substantial adverse effects or noise impacts on any adjoining permanent uses
or nearby residential neighborhoods;
(f) Not include permanent alterations to the site;
(g) Comply with temporary signage standards in §10-4.10(H), Temporary Signs.
(h) Shall remove temporary signs associated with the temporary use or structure after the
activity ends;
(i) Not interfere with the normal operations of any permanent use located on the property;
and
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(G) Additional Standards for Specific Temporary Structures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 111
(j) Be located on a site containing sufficient land area to allow the temporary use, structure,
or special event to occur and accommodate associated pedestrian, parking, traffic
movement without disturbing environmentally sensitive lands.
(4) Duration
A temporary structure may be approved for a period of 30 days, renewable upon specific
application for additional six-month periods.
(G) Additional Standards for Specific Temporary Structures
(1) General
In addition to the standards in §10-3.5(D), General Standards for All Temporary Uses,
standards for some specific temporary structures shall apply regardless of the zoning
district or the review procedure by which it is approved. This section sets forth and
consolidates the standards for all temporary structures for which a reference to this section
is provided in the “Use-Specific Standards” column of Table 10-3.1: Allowed Uses, and in the
same order as they are listed in the table. These standards may be modified by other
applicable standards or requirements in this Code.
(2) Construction-Related Structure or Facility, Temporary
(a) A construction-related structure or facility shall be used only as office space for
construction management and security uses during authorized construction of
development, and shall not be used as a residence.
(b) A construction-related structure or facility shall be assigned a street address before
issuance of a Building Permit for the development being constructed.
(c) All permits required by applicable building, electrical, plumbing, and mechanical codes
shall be obtained before placement of temporary construction-related structures and
facilities on the site.
(d) No construction-related structure or facility shall be placed within the right-of-way of a
street.
(e) All temporary construction-related structures and facilities shall be removed from the
construction site within 30 days after issuance of the final Certificate of
Compliance/Occupancy for the constructed development.
(f) All temporary construction-related structures and facilities shall meet the setback
requirements of the zoning district.
(g) A building permit for the principal structure must be approved prior to the approval of a
permit for temporary construction-related structures and facilities.
(h) A temporary construction-related structure or facilities may be placed on a property
adjacent to the construction site if site constraints make it infeasible to locate the
structures or facilities on the construction site, provided the adjacent site is restored to
its previous condition within 60 days after issuance of the final Certificate of
Compliance/Occupancy for the constructed development. Property owner approval is
required in writing.
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(G) Additional Standards for Specific Temporary Structures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 112
(3) Food Truck
(a) Food trucks shall be required to obtain any and all licenses or permits required by the
state, Broward County, or the City of Tamarac.
(b) Food trucks shall be associated with a special event.
(c) The food truck operator shall have the written consent of the property owner to conduct
the activity.
(d) A food truck shall not operate from a single private property for a period in excess of four
days.
(e) Waste receptacles shall be provided and waste shall be removed daily from the site by
the food truck operator.
(4) Mobile Classroom, Temporary
Mobile classrooms are allowed on the site of an existing standalone school not within a
shopping center, subject to the following standards:
(a) Mobile classrooms shall be used only as temporary expansion of classroom space
pending implementation of definite plans for the permanent expansion of classroom
space or alternative means of meeting growing classroom needs. The temporary use of
the mobile classroom shall only be valid for two years, after which the applicant must
demonstrate efforts made to secure permanent space. A one year extension may be
granted per the Director’s discretion.
(b) Mobile classrooms shall meet all required setbacks and bufferyards, and shall not be
placed within existing required landscaping or perimeter or streetyard buffer areas, or
areas designated on approved development plans for future landscaping, perimeter and
streetyard buffers, open space, or vehicular access.
(c) All permits required by applicable building, electrical, plumbing, and mechanical codes
shall be obtained before placement of the mobile classroom on the site.
(5) Model Home, Temporary
A model home or other building or unit thereof located on the site of new development is
allowed to be temporarily used for sales or leasing associated with the development, subject
to the following standards:
(a) Application
A Temporary Use Permit is required. Each permit application shall contain proof or
documentation as to the following:
(i) A plan showing:
A. The layout of a paved parked area (with appropriate landscaping) having a
minimum of ten spaces plus two additional spaces for each additional model
after the first model unit in a single-family residential development; or ten
spaces plus three additional spaces for each model after the first model unit
for multiple-family residential units; or two parking spaces plus one additional
parking space for each 100 square feet of commercial project; and one layer of
coarse asphalt over all parking surfaces;
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(G) Additional Standards for Specific Temporary Structures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 113
B. Traffic circulation in and around the parking area;
(ii) A landscape plan showing all items on the originally approved landscape plans plus
any other landscaping proposed to be installed with the model complex or the
temporary use. A separate drawing showing the required site plan information for
the model units' surrounding area in larger scale may be requested by the city
planner to assist in review of the application.
(b) Site Development Standards
(i) There shall be no more than one such model home per builder in the development.
(ii) The model home shall be located on a lot or building site approved as part of the
development, or within a building approved as part of the development. It shall be
located at a place where there will be minimal disruption or inconvenience to the
public.
(iii) The structure used as or containing a sales office if located onsite shall comply with
all building setbacks and other development requirements.
(iv) If a standalone office, separate from the model home is constructed, at least one
parking space shall be provided for every 300 square feet of gross floor area
devoted to the sales office use. Accessible parking for persons with physical
disabilities is required.
(c) Upon Termination
On termination of the temporary real estate sales/leasing use, the model shall be
converted to a permanent permitted use or removed within 30 days after issuance of the
final certificate of occupancy for the constructed development. If the building is
converted to a permanent use, all necessary changes to conform to the original
approved site plan of the project shall be made before the certificate of occupancy is
issued.
(d) Termination for Noncompliance
The commission shall have sole discretion by motion or resolution to terminate such
temporary use 30 days after written notification to the applicant, provided the
commission has made any of the following determinations:
(i) There has been a cessation of continuous construction of the project, or failure to
commence construction of the models, administrative office, sales office, accessory
structures or any other commercial structure within six months of the date of
commission approval;
(ii) The temporary use or the operation of an approved temporary commercial
enterprise was not solely in furtherance of expediting the construction and
completion of the subject project;
(iii) The applicant for such temporary use has not complied with the terms and
conditions specified by the commission;
(iv) There is more than minimal disruption or inconvenience to the existing community
when models are used at one project for another project as permitted in subsection
(a) above; or
Article 3 Use Regulations
10-3.5 Temporary Uses and Structures
10-3.5(G) Additional Standards for Specific Temporary Structures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 114
(v) The structure or grounds around the temporary use are not being maintained in an
aesthetically acceptable manner.
(6) Portable Storage Unit, Temporary
Temporary storage in a portable storage unit may be permitted to serve an existing use on
the same lot, subject to the following standards:
(a) No more than one unit shall be located on a lot, at one time, and no larger than 130 square
feet in total area.
(b) No unit shall be placed on a lot for more than 21 days within any calendar year. If more
than one portage storage unit is to be used on a lot, these time regulations shall begin
from the date at which the first unit was placed on the lot.
(c) Notwithstanding the time limitations stated above, all portable storage units shall be
removed from the City immediately upon the issuance of a hurricane warning by a
recognized governmental agency. The removal of a portable storage unit during a
hurricane warning is the responsibility of the owner/operator of the lot.
(d) The owner and operator of the lot containing a portable storage unit shall ensure that the
unit is in good condition, free from evidence of deterioration, weathering, discoloration,
rust, ripping, tearing, or other holes or breaks. The unit shall be kept locked when not
being loaded or unloaded.
(e) The owner and operator of the lot containing a portable storage unit shall ensure that no
hazardous substances are stored within the unit.
(f) The owner and operator of the lot proposed to contain a portable storage unit shall obtain
a Temporary Use/Structure Permit per §10-5.4(K) for any unit in any zone district. The
Temporary Use/Structure Permit shall be valid for a maximum of seven consecutive
days.
(g) In residential zone districts, a portable storage unit shall only be placed in a driveway or
other paved surface, unless the rear of the lot is readily available. The unit shall be
setback a minimum of five feet from side property lines, and three feet from the front
property lines. In the event that the Director, or designee, determines that there is no
driveway, or other paved surface, and the rear of the site is not accessible for placement
of a portable storage unit, the Director, or designee, may approve placement of a
portable storage unit in the front yard providing that the placement of such portable
storage unit does not obstruct the free, convenient, and normal use of the public right-
of-way or access to any dwellings.
(h) In non-residential zone districts, a portable storage unit shall only be placed in the rear
or side portion of a site. Under no circumstances shall a portable storage unit be placed
in an area fronting a street or road, or in the front parking lot. All portable storage units
shall comply with all applicable zoning requirements as it relates to setback and use
requirements. The placement of a portable storage unit in fire lanes, passenger loading
zones, commercial loading zones or public rights-of-way shall be strictly prohibited.
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 115
ARTICLE 4. DEVELOPMENT AND DESIGN STANDARDS
10-4.1 General Provisions
(A) Purpose
This article includes standards that regulate the physical layout and design of all development
within the City of Tamarac to ensure the protection of the health, welfare, safety, and quality of life
for all citizens, businesses, and visitors. These provisions address the physical relationship
between development and adjacent properties, public rights-of-way, neighborhoods, and the
natural environment, in order to implement the comprehensive plan’s vision for the community.
(B) Applicability
(1) New Development
The requirements of this article shall apply to all new development and land uses established
subject to this Code under §10-1.5, Applicability and Jurisdiction, other than temporary uses
and structures.
(2) Existing Development
Except where expressly provided otherwise in this Code, this article shall apply to all existing
development in accordance with the following:
(a) Change in Use
Changes in use of an existing development to a more intensive use shall be subject to
these standards to the maximum extent practicable as determined by the Director. For
purposes of this provision, such changes in use include one or more of the following:
(i) Any change in use that would require additional parking under this Code;
(ii) Any change from a residential use to any public, institutional, or civic; commercial;
or industrial use;
(iii) Any change from any public, institutional, or civic use to a commercial or industrial
use; or
(iv) Any change from any commercial use to an industrial use.
(b) Upgrading of Nonconforming Off-Street Parking and Loading
A modification of an existing development may be required to upgrade off-street parking
and loading and/or landscaping pursuant to §10-1.9(E), Nonconforming Site Features.
10-4.2 Transportation and Connectivity
(A) Purpose
This section ensures that development is served by a coordinated, multimodal transportation
system that permits the safe and efficient movement of motor vehicles, emergency vehicles,
transit, bicyclists, and pedestrians. This multimodal transportation system intends to:
Article 4 Development and Design Standards
10-4.2 Transportation and Connectivity
10-4.2(B) Streets and Vehicular Circulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 116
(1) Provide transportation options and alternatives for drivers, bicyclists, and pedestrians
including facilitating and encouraging the use of public transportation, walking, and bicycling;
(2) Increase the effectiveness of local service delivery and reduce emergency response times;
(3) Contribute to the attractiveness of the development and community, connect neighborhoods,
and increase opportunities for interaction between neighbors;
(4) Improve air quality and reduce greenhouse gas emissions while reducing vehicle miles of
travel, travel times, congestion, and traffic conflicts; and
(5) Connect development and neighborhoods to each other and local destinations such as
employment, schools, parks, and shopping centers.
(B) Streets and Vehicular Circulation
(1) Purpose
Street and block patterns should include a clear hierarchy of well-connected streets that
distribute traffic over multiple streets and avoid traffic congestion on principal routes. Within
each development, the access and circulation system and a grid of street blocks should
accommodate the safe, efficient, and convenient movement of vehicles, bicycles, transit
users, and pedestrians through the development and provide ample opportunities for linking
adjacent neighborhoods, properties, and land uses.
(2) Street Standards
All streets shall meet the standards in §10-4.11, Subdivision Design and Development
Standards, and the City’s Engineering Specifications, as determined by the City Engineer.
(3) Street Connectivity
(a) Purpose
Local neighborhood street systems are intended to provide multiple direct connections
to and between local destinations such as parks, schools, and shopping. These
connections should knit separate developments together, rather than forming barriers
between them.
(b) Vehicular Access to Public Streets and Adjacent Land
(i) All development shall provide public street connections to all existing, adjacent
public streets.
(ii) If there are no adjacent public streets, subdivisions, and/or site plans shall provide
for connections along each boundary abutting adjacent vacant land for future
connections. These connections shall be spaced at intervals not to exceed 1,000 feet
for arterials, or 660 feet for other street types, or as otherwise approved by the City
Engineer.
(iii) When connections to surrounding streets are proposed or required by the City,
public right-of-way shall be dedicated and streets developed to existing paved
rights-of-way. The City may also require temporary turnarounds to be constructed
for temporary cul-de-sacs between development phases.
Article 4 Development and Design Standards
10-4.2 Transportation and Connectivity
10-4.2(B) Streets and Vehicular Circulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 117
(c) Vehicular Interconnections to Similar or Compatible Adjacent Uses
Every proposed public or private street system shall be designed to provide vehicular
interconnections to all similar or compatible adjacent uses (existing and future) when
such interconnections would facilitate internal and external traffic movements in the
area.
(i) Such connections shall be provided during the initial phase of the project
approximately every 1,250 to 1,500 linear feet for each direction (north, south, east,
west) in which the subject property abuts similar or compatible uses.
(ii) If the common property boundary in any direction is less than 1,250 linear feet, the
subject property shall provide an interconnection if the Director determines that the
interconnection in that direction can best be accomplished through the subject
property.
(iii) When the City Engineer deems a vehicular connection impractical, he or she can
increase the length requirement and/or require pedestrian connections. The City
Engineer may delay the interconnection if such interconnection requires state
approval or will result in significant hardship to the property owner.
(d) Cul-de-Sacs and Dead-End Streets Discouraged
The general design of the City’s street system shall use through-streets. Permanent cul-
de-sacs and dead-end streets shall only be used when topography, the presence of
natural features, and/or vehicular safety factors make a vehicular connection
impractical.
(e) Residential Streets
(i) Traffic-calming techniques such as diverters, neck-downs, street gardens, and
curvilinear alignments are encouraged to reduce speeds and cut-through collector
or arterial traffic.
(ii) Should topography or other constraints require the use of straight local streets that
extend more than 660 feet without interruption, an oblong median, traffic-calming
device, or similar feature shall be used to slow traffic. In addition, traffic-calming
devices may be required to address public safety concerns.
(iii) To the maximum extent practicable, residential streets shall be arranged to follow
the natural contours of the site.
(4) Driveways and Access
(a) General
(i) Every lot shall have access that is sufficient to afford a reasonable means of ingress
and egress for emergency vehicles, as well as for those needing access to the
property in its intended use.
(ii) All driveway entrances and other openings onto streets shall be constructed so
that:
A. Vehicles may safely enter and exit from the lot in question;
Article 4 Development and Design Standards
10-4.2 Transportation and Connectivity
10-4.2(B) Streets and Vehicular Circulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 118
B. Interference with the free and convenient flow of traffic in abutting or
surrounding streets is minimized; and
C. Joint driveways are desirable whenever possible in order to minimize the
number of access points to streets and access easements.
(b) Single-Family Residential
In addition to the above general requirements, all residential development shall be
subject to the following:
(i) All single-family residential properties shall be limited to one driveway per lot (non-
circular).
(ii) Alleys adjacent to a single-family use may not be used for loading or parking.
(iii) A three- foot side yard setback is required for driveways; however, the City Engineer
may authorize exceptions to this standard for irregularly shaped lots.
(iv) No circular driveway in a single-family zoning district may be constructed on
property with less than 50 linear feet of road frontage. All circular driveways must
maintain a minimum of 15 feet between interior driveway opening points, with a
minimum 7.5-foot radius.
(v) No drive shall be located closer than 25 feet to the right-of-way of a street
intersection. At signalized intersections, the City Engineer will specify distances
from right-of-way or pavement edge to allow for sufficient stacking of vehicles in
the street prior to the driveway location.
(vi) Double drives shall be separated by a minimum of 20 feet or as required so that the
driveway return radii do not overlap.
(vii) There shall be no direct driveway access (ingress or egress) from any single-family
residential lots to any arterial street or highway unless no other legal access
alternative is available.
(viii) The driveway shall not be less than 18 feet in length and nine feet in width per space
required and shall be completely contained within the property line for the required
driveway.
(ix) Each residential driveway at its widest point shall be not more than 24 feet in width
and shall not exceed 50 percent of the lot width, measured at right angles to the
center line of the driveway, except as that distance may be increased by permissible
curb return radii. The City Engineer may authorize exceptions on lots of one acre or
more to allow wider driveways.
(x) Cul-de-sacs, permanently designed as such, shall not exceed 600 feet in length, as
measured along the centerline from the intersection to the centerline termination
which is also the centerline of the cul-de-sac. Cul-de-sacs shall be provided at the
(c) Multi-Family Residential
In addition to the above general requirements, all multi-family residential development
shall be subject to the following:
Article 4 Development and Design Standards
10-4.2 Transportation and Connectivity
10-4.2(B) Streets and Vehicular Circulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 119
(i) All multi-family buildings, structures, parking, and loading areas shall be physically
separated from all non-arterial or collector streets by vertical curbs and other
suitable barriers and landscaping to prevent unchanneled motor vehicle access.
(ii) Each property shall not have more than two access ways to any one street unless
unusual circumstances demonstrate the need for additional access points.
(iii) Multi-family development sites greater than five acres shall include a minimum of
two through-access drives. An exception may be made where a site is landlocked by
existing development or other physical constraints, or where existing natural
features on the site require the use of protective measures that would otherwise
make a second access drive infeasible.
(d) Mixed-Use and Nonresidential
(i) All mixed-use and nonresidential buildings, structures, parking, and loading areas
shall be physically separated from all non-arterial or collector streets by vertical
curbs and other suitable barriers and landscaping to prevent unchanneled motor
vehicle access. Each property shall not have more than two access ways to any one
street unless unusual circumstances demonstrate the need for additional access
points.
(ii) In addition, each access way shall comply with the following:
A. Unless no other practicable alternative is available, all driveways and other
openings shall be located a minimum of:
1. 75 feet from a street intersection;
2. 40 feet from another access driveway; and
3. 20 feet from an interior property line.
B. For any development of one acre or more, the width of any access way leading
to the full access of an arterial street shall be divided by a median of at least
four feet in width to provide separation from incoming and outgoing traffic.
Construction and maintenance of such onsite medians shall be the
responsibility of the property owner/developer.
(e) Visibility at Intersections
On all lots or parcels of land on which a front setback is required, no obstruction that will
obscure the view of motor vehicle drivers shall be placed within the triangular area per
§10-4.4(D)(6), Sight Distance, except that trees may be permitted within said triangular
area provided that those trees are placed in the street planter strip and the limbs are
pruned to at least six feet above the grade level of the adjacent street.
(f) Guardhouses
(i) Guardhouses may be installed within required setbacks.
(ii) Maintenance of each guardhouse must be specifically provided in homeowners
association documents.
Article 4 Development and Design Standards
10-4.2 Transportation and Connectivity
10-4.2(C) Pedestrian Circulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 120
(C) Pedestrian Circulation
(1) Purpose
Street and block patterns should include a clear hierarchy of well-connected streets that
distribute traffic over multiple streets and avoid traffic congestion on principal routes. Within
each development, the access and circulation system and a grid of street blocks should
accommodate the safe, efficient, and convenient movement of vehicles, bicycles, transit
users, and pedestrians through the development, and provide ample opportunities for linking
adjacent neighborhoods, properties, and land uses.
(2) Sidewalks Required
(i) Sidewalks shall be installed on all arterials, collector streets, and local streets
(including loop streets and cul-de-sacs), and within and along the frontage of all
new development or redevelopment.
(ii) This requirement shall not apply to local streets in steep-slope areas where
sidewalks on one side of the street may be approved to reduce excessive slope
disturbance, adverse impacts on natural resources, and potential soil erosion and
drainage problems.
(iii) The City Engineer may determine that sidewalks are not required due to unique site
features and/or engineering constraints.
(3) Onsite Connections
(i) All mixed use, non-residential, and multi-family development shall provide a
network of onsite pedestrian walkways with a minimum width of five feet to and
between the following areas:
A. Entrances to each building on the site;
B. Public sidewalks or walkways on adjacent properties that extend to the
boundaries shared with the subject development; and
C. Adjacent to public transit station areas, transit stops, park and ride facilities, or
other transit facilities; and
D. Onsite recreational areas, mail kiosks, and other similar property features.
(ii) Onsite pedestrian walkways and crosswalks shall be identified to motorists and
pedestrians through the use of one or more of the following methods:
A. Changing paving material, patterns, or paving color (this shall not include the
painting of the paving material);
B. Changing paving height;
C. Decorative bollards;
D. Raised median walkways with landscaped buffers; or
E. Stamped or stained concrete.
(iii) Sidewalks through the right-of-way shall be provided to:
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 121
A. Any adjacent public park, greenway, open space, trails, or other civic use such
as schools, places of worship, public recreational facilities, or government
offices; and
B. Adjacent land uses and developments, including but not limited to adjacent
residential developments, retail shopping centers, office buildings, or
restaurants.
(4) Stormwater Runoff
All paved walkways and bicycle paths provided pursuant to this Section shall be designed to
minimize stormwater runoff. Pervious and permeable pavement shall be designed in
accordance with the City’s Engineering Specifications.
(5) Trails and Multi-Use Paths
All new development shall construct onsite portions of trails and multi-use paths that are
identified in adopted plans, provided that any such improvements are directly related to the
impacts of the proposed use or development and are roughly proportional in both extent and
amount to the anticipated impacts of the proposed use or development.
10-4.3 Off-Street Parking and Loading
(A) Purpose
This section ensures that off-street parking and loading facilities are provided in rough proportion
to the general transportation demands of different land uses. By requiring such facilities, it is the
intent of this Code to help avoid the negative impacts associated with spillover parking into
adjacent neighborhoods while avoiding the negative environmental and urban design impacts
that can result from vehicular use areas. The provisions of this section are intended to help
protect the public health, safety, and general welfare by:
(1) Encouraging multi-modal transportation options and enhancing pedestrian safety;
(2) Mitigating and helping to avoid traffic congestion;
(3) Providing methods to reduce stormwater runoff and the heat island effect of large paved
areas; and
(4) Providing flexible methods of responding to the transportation and access demands of
various land uses in different areas of the City.
(B) Applicability
Every building, use, or structure instituted or erected after the effective date of this Code shall be
provided with off-street parking and loading facilities in accordance with the provisions of this
section for the use of occupants, employees, visitors, and patrons.
(C) General Standards for Off-Street Parking and Loading Areas
(1) Use of Parking and Loading Areas
Off-street parking areas required by this section shall be used solely for the parking of
licensed motorized vehicles in operating condition.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(C) General Standards for Off-Street Parking and Loading Areas
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 122
(a) Residential Districts
Except as otherwise provided in §14-30, Parking or Storage of Commercial or
Recreational Vehicles, Boats, and Boat Trailers, required off-street parking areas in
residential districts are to be used solely for the parking of licensed motor vehicles in
operating condition.
(b) Mixed-Use and Nonresidential Districts
Required off-street parking and loading spaces for nonresidential districts and uses
shall not be used for the display of goods for sale, or the sale, lease, storage,
dismantling, or service of any vehicles, boats, motor homes, campers, mobile homes,
building materials, equipment, or supplies.
(2) Surfacing
(a) General
Except as provided in subsection (b) below, all
off-street parking and loading areas shall be
surfaced with asphalt, concrete, brick, stone,
pavers, or an equivalent hard, dustless, and
bonded surface material. Use of surfacing that
includes recycled materials such as glass,
rubber, used asphalt, brick, block, and concrete
is encouraged. Surfaces shall be maintained in
a smooth, well-graded, well-drained, clean,
orderly, and dust-free condition.
(b) Pervious or Semipervious Surfacing
The use of pervious or semipervious surfacing materials including, but not limited to,
pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell
grids may be approved for off-street parking and loading areas, provided such surfacing
is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any
pervious or semipervious surfacing used for aisles within or driveways to parking and
loading areas shall be certified as capable of accommodating anticipated traffic loading
stresses and maintenance impacts. Where possible, such materials should be used in
areas proximate to and in combination with onsite stormwater control devices.
(3) Location and Arrangement
(a) Safe and Convenient Access
(i) Off-street parking and loading areas shall be arranged for convenient access from
adjacent streets to facilitate ease of mobility, ample clearance, and safety of
vehicles and pedestrians. Each off-street parking space and loading area shall have
adequate, unobstructed means for the ingress and egress of vehicles and
pedestrians.
(ii) Except for parking areas serving residential uses, off-street parking areas shall be
arranged so no parking or maneuvering incidental to parking shall occur on a public
street or sidewalk.
Figure 10-4.4.3-1:
Example of Pervious Pavers
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(C) General Standards for Off-Street Parking and Loading Areas
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 123
(iii) Except for parking areas serving residential uses, off-street parking areas shall be
arranged so a vehicle may be parked or unparked without moving another vehicle,
unless within an automated or mechanical parking deck or garage, or part of valet or
tandem parking in accordance with §10-4.3(F)(4) and §10-4.3(E)(1)(b), Valet and
Tandem Parking.
(iv) Off-street loading areas shall be arranged so no loading area extends into the
required aisle of a parking lot or required fire access lane.
(b) Markings
(i) Off-street parking areas shall be marked with individual parking stalls clearly
defined with directional arrows and traffic signs provided as necessary for traffic
control.
(ii) Except for driveways serving as off-street parking areas for residential uses, each
required off-street parking area and space, and each off-street loading area and
space, shall be identified by surface markings.
(iii) Markings shall be arranged to provide for orderly and safe loading, unloading,
parking, and storage of vehicles. Such markings shall include painted lines, wheel
stops, or other methods of identifying individual parking spaces and loading areas,
and distinguishing such spaces or areas from aisles. Posted signs and markers
shall ensure sufficient traffic control and shall be maintained to be readily visible
and legible at all times.
(c) Slope
All off-street parking and loading areas shall be constructed on a lateral incline of not
more than three percent and a longitudinal incline of not more than ten percent beyond
the adjacent street or sidewalk level.
(d) Drainage
All off-street parking and loading areas shall be properly drained so as to eliminate
standing water and prevent damage to abutting property and/or public streets and
alleys.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 124
(e) Exterior Lighting
Lighted off-street parking and loading areas shall comply with the standards of §10-4.9,
Exterior Lighting.
(f) Landscaping
Except for off-street parking areas serving single-
and two-family dwellings, all off-street parking
and loading areas shall comply with the standards
set forth in §10-4.4(D)(5), Vehicular Use Area
Landscaping.
(g) Curbing
(i) Except for off-street parking areas serving
single- and two-family dwellings, each off-
street parking space shall be bounded by a
continuous curb unless the City Engineer
determines otherwise due to unique
engineering circumstances. Curbs shall be provided with openings to accommodate
surface collection of stormwater runoff in vegetated swales and detention facilities.
(ii) In place of continuous curbs, wheel stops may be provided when required for
compliance with accessibility guidelines promulgated under the Americans with
Disabilities Act (ADA).
(h) Maintained in Good Repair
All off-street parking and loading areas shall be periodically painted or otherwise
restored to maintain a clear identification of separate parking spaces or loading berths.
Off-street parking and loading areas shall be maintained in a clean, orderly, and dust-
free condition at the expense of the owner or lessee.
(i) Completion
All off-street parking and loading areas shall be completed prior to the issuance of a
Certificate of Occupancy for the development they serve. In the case of phased
construction, off-street parking and loading areas should only be provided for the phase
being constructed.
(D) Off-Street Parking Requirements
(1) Calculation of Off-Street Parking Requirement for Per-Bed and Per-Seat Uses
For uses with a per-bed requirement, bassinets shall not count as beds. For uses with a per-
seat requirement, each 20 lineal inches of such seating facilities shall be counted as one seat
for the purpose of computing off-street parking requirements.
(2) Schedule A- Minimum Number of Off-Street Parking Spaces
Unless otherwise provided in this Section, off-street parking spaces shall be provided in
accordance with Table 10-4.1.
Figure 10-4.4.3-2: Curb Stops and Drainage
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 125
Table 10-4.1: Minimum Number of Off-Street Parking Spaces
All calculations in square feet (SF) shall be based on net floor area
Use Category Use Type Minimum Parking Required
RESIDENTIAL
Household Living Dwelling, live/work 1 per DU, plus the applicable requirement for
commercial space
Dwelling, manufactured
home Same as single-family dwelling
Dwelling, multi-family
Efficiency and 1
Bedroom
1 per DU, plus guest
spaces equal to 10
percent of required
2-3 Bedrooms
2 per DU, plus guest
spaces equal to 10
percent of required
4+ Bedrooms
2.5 per DU, plus guest
spaces equal to 10
percent of required
Dwelling, single-family
Efficiency & 1-2
Bedrooms 1 per DU
3 Bedrooms 2 per DU external
spaces
4+ Bedrooms 4 spaces including
garage
Dwelling, two-family Same as single-family dwelling
Group Living Assisted living facility,
nursing home,
convalescent facility
1 per 400 SF
Community residential
home, Type I 1 per 3 beds
Community residential
home, Type II 1 per 3 beds
Continuing care retirement
community Sum of minimum for component parts
Dormitory or residence hall 1 per 10 beds
Rooming or boarding house 1 per guestroom plus 1 per each employee at a
given period of time
PUBLIC, INSTITUTIONAL, AND CIVIC
Community and
Cultural Facilities Club or lodge, private 1 per 200 SF
Country club
1 per 200 SF of indoor space + 1 per 100 SF of
banquet area + additional spaces as required
by this table for golf course
Hall for hire 1 per 200 SF
Library, art gallery, or
museum 1 per 500 SF
Municipal facilities
1 per 300 SF + 1 per 5 seats in auditoriums or
places of public assembly ; 25 percent may be
grassed
Religious assembly 1 per 250 SF; 25 percent can be grassed
Stadium or arena 1 per 4 seats
Day Care Facilities Adult day care center 1 per 500 SF
Child care facility 1 per 325 SF of licensed primary indoor space
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 126
Table 10-4.1: Minimum Number of Off-Street Parking Spaces
All calculations in square feet (SF) shall be based on net floor area
Use Category Use Type Minimum Parking Required
Educational
Facilities Business, trade, or
vocational school, heavy 1 per 150 SF
Business, trade, or
vocational school, light 1 per 150 SF
College or university
1 per 1,000 SF, except areas used for public
assembly, which shall be calculated
separately,
+ 1 per classroom
Parochial school, incidental
1 per 2,000 SF GFA, except areas used for
public assembly, which shall be calculated
separately,
+ 1 per classroom
School
1 per 2,000 SF, except areas used for public
assembly, which shall be calculated
separately,
+ 1 per classroom
Health Care
Facilities
Clinic, medical, urgent care,
or dental 1 per 200 SF
Detoxification facility 1 per 200 SF
Hospital, public or private 2 per patient bed
Parks and Open
Space Botanical garden 1 per 10,000 SF
Golf course 75 spaces per course + sum of additional
component uses; 25 percent may be grassed
Community garden 2 spaces
Park and playground See Schedule C
Recreation buildings and
facilities 1 per 200 SF
COMMERCIAL
Agriculture and
Animal-Related
Services
Agriculture, general See Schedule C
Animal boarding kennel 1 per 300 SF (excluding exercise areas)
Pet care daily 1 per 300 SF used (excluding exercise areas)
Stable 1 per 5 stalls
Veterinary office/clinic 1 per 300 SF
Food and Beverage
Services Bar, lounge, or tavern 1 per 100 SF
Brewery 1 per 100 SF of retail sales, restaurant, or
tasting room + 1 per 1,000 SF of other space
Nightclub 1 per 100 SF
Restaurant
1 per 100 SF (if within shopping center >10,000
SF GCFA, then 1/125 SF)
Restaurant with
microbrewery
Restaurant, fast casual
(with or w/o drive-through)
Restaurant, fast food (with
or w/o drive-through)
Funeral and
Internment
Services
Cemetery or mausoleum 1 per 500 SF of non-assembly area + 1 per 50
SF GF of assembly area
Crematorium 1 per 500 SF of non-assembly area + 1 per 50
SF of assembly area
Funeral home 1 per 500 SF of non-assembly area + 1 per 50
SF of assembly area
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 127
Table 10-4.1: Minimum Number of Off-Street Parking Spaces
All calculations in square feet (SF) shall be based on net floor area
Use Category Use Type Minimum Parking Required
Lodging Bed and breakfast 2 spaces + 1 per guest bedroom
Hotel
1 per sleeping unit, DU or suite; plus all
component uses not used by guests
exclusively
Offices, Business &
Prof. Bank/financial institution 1 per 200 SF
Office, professional and
business 1 per 400 SF
Telephone call center 1 per 100 SF
Personal Services Coin laundry and dry
cleaning (no chemical
processing onsite)
1 per 300 SF
Dry cleaning (chemical
processing onsite) 1 per 300 SF
Massage establishment 1 per 300 SF
Stylist/salon 1 per 300 SF
Tailor/shoe repair 1 per 300 SF
Tattoo or body-piercing
establishment 1 per 300 SF
Recreation and
Entertain-ment Adult entertainment 1 per 100 SF
Amusement arcade 1 per 300 SF
Bottle club 1 per 300 SF
Fitness and recreational
sports center 1 per 200 SF
Indoor recreation, general
commercial
1 per 200 SF or sum of all component uses,
whichever is greater
Movie theater, indoor 1 per 4 seats or 1 per 200 SF, whichever is
greater
Outdoor recreation,
general commercial
1 per 200 SF or sum of all component uses,
whichever is greater
Shooting range 1 per shooting lane, plus 1 per 400 SF for all
other areas
Retail Sales Bulk pool chemical sales See Schedule B
Equipment sales and
repair, heavy See Schedule B
Farmer’s market, outdoor 1 per 500 SF of sales area;
25 percent may be grassed
Nursery 1 per 10,000 SF of lot area; minimum of three
spaces
Pawn shop 1 per 300 SF
Personal and household
goods repair 1 per 1,000 SF
Print shop 1 per 300 SF
Retail sales, general:
< 10,000 sq. ft. 1 per 300 SF
Retail sales, general:
≥10,000 sq. ft. 1 per 500 SF
Thrift, consignment, and
used merchandise 1 per 300 SF
Vehicles and
Equipment Boat and marine sales See Schedule B
Vehicle fuel sales 1 per 300 SF
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 128
Table 10-4.1: Minimum Number of Off-Street Parking Spaces
All calculations in square feet (SF) shall be based on net floor area
Use Category Use Type Minimum Parking Required
Vehicle rental See Schedule B
Vehicle sales, new See Schedule B
Vehicle sales, used See Schedule B
Vehicle service and repair,
major 1 per 500 SF
Vehicle service and repair,
minor 1 per 500 SF
INDUSTRIAL
Communications Broadcast studio 1 per 1,000 SF
Communication facility See Schedule C
Motion picture studio 1 per 500 SF
Telecom. tower (city-
owned property) See Schedule C
Telecom. (all other
property) See Schedule C
Industrial Services Building material sales,
indoor retail 1 per 400 SF
Building material sales,
outdoor or wholesale 1 per 500 SF
Industrial service, general 1 per 500 SF
Laboratory, research 1 per 500 SF
Mfg. and
Production Assembly, light 1 per 1,000 SF
Food processing 1 per 1,000 SF
Manufacturing, artisan See Schedule B
Manufacturing, heavy 1 per 1,500 SF
Manufacturing, light 1 per 1,000 SF
Utilities Utility facility, major See Schedule C
Utility facility, minor See Schedule C
Warehouse,
Wholesale, and
Freight Movement
Contractor's storage yard
and supply See Schedule B
Distribution center See Schedule B
Food products, wholesale See Schedule B
Parcel delivery service See Schedule B
Self storage, indoor 1 per 5,000 first 20,000 SF plus 1 per 10,000 SF
thereafter
Self storage, outdoor 1 per 5,000 first 20,000 SF plus 1 per 10,000 SF
thereafter
Storage buildings 1 per 2,000 SF
Wholesale establishment 1 per 1,000 SF
Waste and Salvage
Auto towing 1 per 400 SF plus 1 per 5,000 SF outside
storage area
Auto wrecking and salvage
yard
1 per 400 SF plus 1 per 5,000 SF outside
storage area
Recycling facilities See Schedule B
ACCESSORY
Assembly hall 1 per 250 SF; 25 percent can be grassed
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 129
Table 10-4.1: Minimum Number of Off-Street Parking Spaces
All calculations in square feet (SF) shall be based on net floor area
Use Category Use Type Minimum Parking Required
Accessory dwelling unit 1 per DU
Bingo game 1 per 200 SF
Building-mounted or
rooftop antenna N/A
Car wash and auto
detailing, automatic 1 per 500 SF
Dormitory or residence hall 1 per 10 beds
Drive-through service
facility See 10-4.3(I)
Dwelling, caretaker 1 per DU
Garage or carport N/A; Spaces may be counted as required
parking spaces
Home occupation N/A
Outdoor courts, fields,
playgrounds, and pools See Schedule C
Outdoor seating,
commercial See Schedule C
Outdoor storage non-sales,
accessory See Schedule B
Outdoor vehicle storage,
accessory See Schedule B
Satellite dish N/A
Small wind energy system See Schedule C
Solar energy collection
system, accessory use N/A
Utility shed N/A
Other accessory uses that
comply with Code
standards
N/A
TEMPORARY
Construction-related
structure or facility N/A
Food truck See Schedule C
Garage or yard sale N/A
Mobile classroom,
temporary N/A
Model home See Schedule B
Office space/ equipment
storage, temporary See Schedule B
Outdoor sales, seasonal N/A
Real estate sales office See Schedule B
Special event See Schedule C
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(D) Off-Street Parking Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 130
(3) Schedule B
Uses that reference “Schedule B” in Table 10-4.1, shall provide the minimum number of off-
street parking spaces listed in Table 10-4.2: Off-Street Parking Schedule B, below. Unless
otherwise approved, lots containing more than one use shall provide parking and loading in
an amount equal to the total number of requirements for all uses.
Table 10-4.2: Off-Street Parking Schedule B
Principal Use
Category
Minimum Number of Spaces
Required
Office or Administrative Area 1 per 300 SF
Indoor Sales Area 1 per 300 SF
Outdoor Sales/Display/Storage/Waste (3,000 SF or less) 1 per 750 SF
Outdoor Sales/Display/Storage/Waste (more than 3,000 SF)
Motor Vehicle/Boat/Equipment Sales 1 per 2,000 SF
Other Sales/Display/Storage/Waste 1 per 1,000 SF
Indoor Storage/Warehousing/Vehicle Services/Manufacturing Area
1 – 3,000 SF 1 per 250 SF
3,001 – 5,000 SF 1 per 500 SF
5,001 – 10,000 SF 1 per 750 SF
10,001 and greater 1 per 1,250 SF
NOTES: SF = square feet
(4) Schedule C: Uses with Variable Vehicle Parking Demand Characteristics and Unlisted Uses
Table 10-4.1 refers to this subsection for some uses that have widely varying vehicle parking
and loading demand characteristics, making it difficult to establish a single appropriate
standard. Upon receiving an application proposing such a use, or proposing a use not
expressly listed in Table 10-4.1, the Director is authorized to:
(a) Establish the minimum off-street parking space requirement by referencing parking
standard resources published by the National Parking Association or the American
Planning Association; or
(b) Establish the minimum off-street parking space requirement based on local or national
best practices.
(5) Maximum Parking Spaces Allowed
No commercial or industrial use shall provide off-street parking spaces in an amount that is
more than 125 percent of the minimum requirements established in Table 10-4.1.
(a) Calculating Maximum Spaces
(i) For the purpose of calculating parking requirements, the following types of parking
spaces shall not count against the maximum parking requirement:
A. Accessible parking;
B. Vanpool and carpool parking;
C. On-street parking adjacent to the lot or lots on which the parking located; and
D. Structured parking, underground parking, and parking within, above, or
beneath the building(s) it serves.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(E) Dimensional Standards for Parking Spaces and Aisles
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 131
(b) Exceptions to Maximum Parking Requirement
Exceptions to the maximum parking requirement may be allowed by the Director in
situations that meet the following criteria:
(i) The proposed development has unique or unusual characteristics such as high
sales volume per floor area or low turnover, that create a parking demand that
exceeds the maximum ratio and that typically does not apply to comparable uses;
(ii) The parking demand cannot be accommodated by on-street parking, shared parking
with nearby uses, or by increasing the supply of spaces that are exempt from the
maximum ratio;
(iii) The request is the minimum necessary variation from the standards; or
(iv) If application of the maximum parking standard would result in fewer than six
parking spaces, the development shall be allowed six parking spaces.
(E) Dimensional Standards for Parking Spaces and Aisles
(1) General
(a) Except as otherwise provided in subsection (3)(b) below,
standard vehicle parking spaces and parking lot aisles
shall comply with the minimum dimensional standards
established in Table 10-4.3: Dimensional Standards for
Parking Spaces and Aisles below.
Table 10-4.3: Dimensional Standards for Parking Spaces and Aisles
Parking Angle
(Degrees)
Stall Width
(feet)
Stall Depth
Perpendicular
to Curb
(feet)
Stall Length
Along Curb
(feet)
Aisle Width
(feet)
Double Row +
Aisle, Curb to
Curb
(feet)
1 2 3 4 5 6
Residential, Institutional, and Commercial Uses
0 10 10 23 14 34
45 10 21.2 14.1 14 56.4
60 10 22.3 11.5 16 60.6
90 9 18 10 24 63
Industrial Uses
0 9 9 23 14 32
45 9 19.1 12.7 14 52.2
60 9 20.1 10.4 16 56.2
90 9 18 9 24 59
NOTES:
SF = square feet
GFA = gross floor area
(b) Overhang Protection
Curbs shall be installed at a minimum of two feet from the face of walls, fences,
buildings, and other structures adjacent to the boundaries of parking areas.
Figure 10-4.4.3-3
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 132
(2) Motorcycle Parking Spaces
(a) Up to five percent of the total required parking spaces may be used for motorcycle
parking.
(b) Motorcycle parking spaces shall be a minimum of four feet wide by six feet long for 90-
degree parking, or the equivalent dimensions required for an angle space to maintain the
four-by-six foot rectangle.
(c) Motorcycle spaces shall be clearly signed and marked “Motorcycle Only.”
(3) Smaller Parking Spaces for Tandem Parking and Certain Uses and Districts
The dimensions of off-street parking stalls may be reduced to a width of nine feet and a
depth/length of 18 feet where the parking stalls are:
(a) Used for tandem parking as described in Section 10-4.3(F)(4), Valet and Tandem Parking;
(b) Located within a development containing industrial services uses, manufacturing and
production uses, or warehouse, wholesale, and freight movement uses; or
(c) Located within Tamarac Village, or the Mixed-Use Districts.
(d) Vertical Clearance
All off-street parking spaces shall have a minimum overhead clearance of seven feet.
(F) Off-Street Parking Alternatives
The Director may approve alternatives to providing the number of off-street parking spaces
required by this Code in accordance with the following standards.
(1) Alternative Parking Plan
The Director may approve an alternative parking plan that proposes another course of action
to achieve the goals of the minimum off-street parking requirements in Table 10-4.1, in
accordance with the standards listed below. The alternative parking plan shall be submitted
with an application for Site Plan Approval or Business Revenue License, as appropriate.
Additional fees shall be assessed to defray the additional processing costs in reviewing
alternative parking plans and any subsequent agreements as detailed in the Administrative
Manual.
(2) Shared and/or Off-Site Parking
The Director may approve shared parking facilities for developed properties with extenuating
circumstances or uses with different operating hours or different peak business periods if
the shared parking complies with all of the following standards.
(a) Location
(i) Shared parking spaces shall be located within 500 feet walking distance of the
primary pedestrian entrances to the uses served by the parking.
(ii) Shared parking spaces shall not be separated from the use they serve by a major or
minor thoroughfare unless pedestrian access across the thoroughfare is provided
by a grade-separated pedestrian walkway or appropriate traffic controls (e.g.,
signalized crosswalk).
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 133
(iii) Adequate and safe pedestrian access shall be provided between the shared parking
areas and the primary pedestrian entrances to the uses served by the parking.
(iv) Required parking spaces for persons with disabilities shall not be located off-site.
(b) Signage Directing Public to Parking Spaces
Signage complying with the standards of §10-4.10, Signs, shall be provided to direct the
public to the shared parking spaces.
(c) Shared Parking Study
Applicants proposing to use shared parking as a means of satisfying off-street parking
requirements shall submit a shared parking analysis to the Director that demonstrates
the feasibility of shared parking. The applicant(s) shall demonstrate that any parking
reduction requested as part of the shared parking study will not result in a reduction to
an amount less than that required for any use by itself. Furthermore, the applicant shall
demonstrate that shared parking will not result in the spillover of parking onto other
properties or the public right-of-way.
(d) Shared Parking Agreement
(i) An approved shared parking arrangement shall be established in a written
agreement among all of the owners or long-term lessees of lands containing the
uses proposed to share off-street parking spaces. The agreement shall provide all
parties the right to joint use of the shared parking area for at least 20 years or other
date as specified by the City, to ensure the shared parking spaces comply with this
Code and shall be binding on subsequent owners or long-term lessees. The
agreement shall be submitted to the Director for review and approval. An attested
copy of an approved and executed agreement shall be recorded with the Broward
County Records Division before issuance of a Building Permit or Certificate of
Occupancy for any use to be served by the shared parking area.
(ii) Any termination of the agreement does not negate the parties’ obligations to comply
with parking requirements and thus may constitute a violation of this Code. No use
served by the shared parking may be continued if the shared parking becomes
unavailable to the use unless substitute off-street parking spaces are provided in
accordance with this Section. Notice of the termination shall be provided within 30
days.
(3) Deferred Parking
An alternative parking plan may propose to defer construction of up to 20 percent of the
required off-street parking spaces per Table 10-4.1, in accordance with the standards below:
(a) Justification
The alternative parking plan shall include a study demonstrating that, because of the
location, nature, or mix of uses, there is a reasonable probability that the number of
parking spaces actually needed to serve the development is less than the minimum
required in Table 10-4.1.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 134
(b) Reserve Parking Plan
The alternative parking plan shall include a reserve parking plan identifying the amount
of off-street parking being deferred and the location of the area to be reserved for future
parking, if future parking is needed.
(c) Parking Demand Study
(i) The alternative parking plan shall provide assurance that, within 18 months after the
initial Certificate of Occupancy is issued for the proposed development, an off-street
parking demand study evaluating the adequacy of the existing parking spaces in
meeting the off-street parking demand generated by the development will be
submitted to the Director.
(ii) If the Director determines that the study indicates the existing parking is adequate,
then construction of the remaining number of parking spaces shall not be required.
If the Director determines that the study indicates additional parking is needed, such
parking shall be provided consistent with the reserve parking plan, the standards of
this Section, and shall be provided within 12 months of the Director’s determination.
(iii) The Director shall have the authority to review the parking demand study and
request a revised parking demand study with a change in use or other
circumstances resulting in adverse impacts to adjacent properties.
(d) Limitations on Reserve Areas
Areas reserved for future parking shall be brought to the finished grade and shall not be
used for buildings, storage, loading, or other purposes.
(e) Landscaping of Reserve Areas Required
Areas reserved for future off-street parking shall be landscaped with an appropriate
ground cover in compliance with Chapter 9, Health, Sanitation, and Nuisances. If
ultimately developed for off-street parking, the reserve areas shall be landscaped in
accordance with §10-4.4, Landscaping and Tree Preservation.
(4) Valet and Tandem Parking
An alternative parking plan may propose to use valet and tandem parking to meet a portion of
the off-street parking spaces required in Table 10-4.1, in accordance with the standards
below.
(a) Maximum Valet or Tandem Spaces
(i) No more than 20 percent of the total number of parking spaces provided shall be
designated for valet or tandem spaces except for hotels, where up to 50 percent of
parking spaces may be designated for valet parking.
(ii) Tandem and valet spaces shall be designed to accommodate not more than two
vehicles per tandem/valet parking space.
(b) Drop-Off and Pick-Up Areas
Should an owner or their agent elect to use valet or tandem parking, the development
shall provide a designated drop-off and pick-up area. The drop-off and pick-up area may
be located adjacent to the building served, but may not be located in a fire lane, where its
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 135
use would impede vehicular and/or pedestrian circulation, or where it could cause
queuing in a public right-of-way or internal drive aisle serving the development.
(c) Valet Parking Agreement
An approved valet parking plan shall be established in conjunction with a written
agreement. The agreement shall include provisions ensuring that a valet parking
attendant will be on duty during the hours of operation of the uses served by the valet
parking. The agreement shall be submitted to the Director for review and approval.
(5) Payment of Fee in Lieu of Providing Required Parking
In non-residential zoning districts, an alternative fee payment may be considered in lieu of
meeting minimum parking space requirements in conjunction with a Variance application in
accordance with the standards below.
(a) The Planning Board may authorize applicable off-street parking requirements for a
nonresidential use to be satisfied, in whole or in part, by the applicant's payment of a
proportionate share in lieu fee established by the City Commission that is consistent
with, but does not exceed, costs the City will incur to provide the equivalent number of
public parking spaces that can serve the use.
(b) A request to pay an in lieu fee shall be submitted in writing to the Director, who shall
forward it to the Planning Board for review. The Planning Board may approve such a
request on determining that:
(i) Due to the availability of transit or unique characteristics of the use or area, the
unavailability of the off-street parking spaces for which the fee is made as part of
the development will not result in traffic congestion and will be compatible with the
character of surrounding properties, and
(ii) Sufficient public parking exists or is budgeted and scheduled within 1,320 feet of the
development to satisfy the parking demand it generates.
(c) If an applicant requests to pay an in lieu fee for a number of parking spaces exceeding 25
spaces or 50 percent of the minimum number of off-street parking spaces required by
this Section, the request shall be accompanied by a traffic study prepared by a licensed
professional engineer or traffic consultant showing that the unavailability of the off-
street parking spaces as part of the development will not result in traffic congestion or
spillover into surrounding properties or neighborhoods.
(6) Reduced Parking Demand Strategies
The minimum number of parking spaces required in Table 10-4.1 may be reduced through
implementation of one or more of the following strategies for reducing parking demand.
(a) Transit Accessibility
The Director may authorize up to a 15 percent reduction in the minimum number of off-
street parking spaces required by Table 10-4.1 for uses located within 1,000 feet of a bus
or rapid transit stop.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 136
(b) Transportation Demand Management
The Director may, through approval of a Transportation Demand Management (TDM)
plan, authorize up to a 15 percent reduction in the minimum number of off-street parking
spaces required by Table 10-4.1 for nonresidential or mixed-use developments having a
floor area of at least 25,000 square feet, in accordance with the standards below.
(i) TDM Plan Requirements
The TDM plan shall include facts and/or projections including the type of
development, proximity to transit and/or other multi-modal systems, anticipated
number of employees and/or patrons, minimum parking requirements, and indicate
the types of transportation demand management activities that will be instituted to
reduce single-occupant vehicle use and ease traffic congestion.
(ii) TDM Activities
The TDM plan shall provide at least three of the following TDM activities:
A. Establishment of a development-specific website that provides multi-modal
transportation information such as real-time travel/traffic information, bus
schedules and maps, and logging of alternative commutes (e.g., bicycle,
pedestrian, carpool, and vanpool).
B. Written disclosure of transportation information and educational materials to
all employees.
C. Formation of transportation demand reduction programs such as carpooling,
vanpooling, ridesharing, guaranteed ride home, teleworking, and shuttle
service programs.
D. Creation of a preferential parking management plan that specifically marks
spaces for registered carpool and/or vanpool vehicles that are located near
building entrances or in other preferential locations.
E. Institution of off-peak work schedules that allow employees to arrive and
depart at times other than the peak morning commute period, defined as 7:00
a.m. to 9:00 a.m., and peak evening commute period, defined as 5:00 p.m. to 7:00
p.m.
F. Establishment of an office staffed by a transportation coordinator that makes
transportation and ride-sharing information available to employees,
residents, and nonresidents.
G. Any other TDM activity as may be approved by the Director as a means of
complying with the parking reduction provisions of this subsection.
(iii) TDM Program Coordinator
A. The applicant shall appoint a TDM program coordinator to oversee TDM
activities.
B. The TDM program coordinator shall be a licensed engineer or a traffic
consultant that is also a qualified or trained TDM professional.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(F) Off-Street Parking Alternatives
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 137
C. The TDM program coordinator shall be appointed prior to issuance of a Building
Permit or Certificate of Occupancy for the buildings to be served by the TDM
program.
(iv) TDM Annual Report
A. The TDM program coordinator shall submit to the Director an annual report
that details implementation of the approved TDM plan. The report may include,
but is not limited to, the following:
1. A description of TDM activities undertaken;
2. An analysis of parking demand reductions based on employee and/or
resident use of ridership programs or alternative transportation options;
3. Changes to the TDM plan to increase transit ridership and other
commuting alternatives; and
4. The results of an employee transportation survey.
B. A copy of the approved TDM plan shall be recorded with the Broward County
Records Division before issuance of a Building Permit or Certificate of
Occupancy for the development to be served by the plan.
(v) Amendments
The Director may approve amendments to an approved TDM plan following the same
process required for the initial approval.
(vi) Parking Required if TDM Terminated
If the applicant and/or successors in interest in the property covered by the TDM
plan stop implementing the plan or fail to submit a TDM annual report to the Director
in a timely fashion, the TDM plan shall be considered terminated. Any such
termination of the TDM plan shall not negate the parties' obligations to comply with
parking requirements and shall constitute a violation of this Code. No use served by
the TDM plan may be continued unless another TDM plan is approved or all required
off-street parking spaces are provided in full in accordance with this Section.
(c) Other Eligible Alternatives
The Director may authorize up to a ten percent reduction in the minimum number of off-
street parking spaces required by Table 10-4.1, in exchange for any other strategy that an
applicant demonstrates will effectively reduce parking demand on the site of the subject
development. The applicant shall also demonstrate that the proposed development plan
will continue to protect surrounding neighborhoods, maintain traffic-circulation
patterns, and promote quality urban design as would strict compliance with the
otherwise applicable off-street parking standards.
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(G) Bicycle Parking Facilities
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 138
(G) Bicycle Parking Facilities
(1) Bicycle Racks or Lockers Required
All parking areas containing more than ten parking
spaces shall provide bicycle racks or lockers sufficient
to accommodate the parking of at least four bicycles for
each ten parking spaces, or major fraction thereof
above 10 spaces. No more than 20 bicycle parking
spaces shall be required in any one parking area.
(2) Bicycle Rack and Locker Location
Required bike racks and/or lockers shall be installed on
a paved surface and located in visible, well-lit areas
conveniently accessible to the primary entrances of a development principal building(s).
They shall be located where they do not interfere with pedestrian traffic and are protected
from conflicts with vehicular traffic. For residential uses, bicycle parking within a garage or
inside a building shall satisfy this requirement.
(H) Loading Area Requirements
(1) Minimum Number of Off-Street Loading Berths
Except as otherwise provided in this Section, accessory off-street loading areas shall be
required when any building or structure is erected, structurally altered increasing the gross
floor area by 50 percent or more, or there is a change in use. A sufficient number of off-street
loading berths shall be required to accommodate the delivery and shipping operations of the
development’s uses in a safe and convenient manner. Table 10-4.4: Minimum Number of Off-
Street Loading Berths below, sets forth the minimum number of loading berths that
presumptively satisfies the loading area needs of the listed principal uses. For proposed
uses not listed in Table 10-4.4, the requirement for the use most similar to the proposed use
shall apply. The Director may require more loading berths or fewer loading berths upon
determining that the characteristics of a particular development warrant such addition or
reduction ensuring the general standard is met.
Figure 10-4.4.3-4: Bicycle Parking Example
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(I) Drive-Through Vehicle Stacking Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 139
Table 10-4.4: Minimum Number of Off-Street Loading Berths
Principal Use
Category Net Floor Area Minimum Number of Loading
Berths
Institutional and Commercial Uses
Public, Institutional, Civic,
and Commercial Uses except
Office, Business and
Professional
At least 20,000 SF but less than 50,000 SF 1
At least 50,000 SF but less than 75,000 SF 2
At least 75,000 SF but less than 120,000 SF 3
At least 120,000 SF but less than 200,000 SF 4
At least 200,000 SF
4 + 1 per 90,000 SF above
200,000 SF or major fraction
thereof
Office, Business and
Professional At least 100,000 SF 1 per 100,000 SF or major
fraction thereof
Industrial Uses
Industrial
At least 50,000 SF but less than 75,000 SF 1
At least 50,000 SF but less than 75,000 SF 2
At least 50,000 SF but less than 75,000 SF 3
At least 50,000 SF but less than 75,000 SF 3 + 1 per 50,000 SF above 60,000
SF or major fraction thereof
NOTES:
SF = square feet (net floor area)
(2) Dimensional Standards for Loading Areas
(a) Each loading berth shall be sized appropriately to accommodate the vehicles likely to
use the loading area.
(b) The minimum loading berth size shall be at least 12 feet wide and 25 feet long.
(c) Properties and uses that require semi-truck trailers for loading shall be required to
appropriately increase the length of the loading zone to accommodate this type of
vehicle.
(d) The Director may require a larger loading berth or allow a smaller loading berth upon
determining that the characteristics of the particular development warrant such
increase or reduction ensuring the general standard is met.
(e) Each loading berth shall have at least 14 feet of overhead clearance.
(3) Location of Loading Areas
(a) Where possible, loading areas shall be located to the rear of the use they serve.
(b) The loading areas shall be located adjacent to the building’s loading doors, in an area that
promotes its practical use.
(c) The loading area shall be located and designed so vehicles using them can maneuver
safely and conveniently to it from a public street or alley and complete loading without
obstructing or interfering with any public right-of-way, parking space, dumpster facility,
or parking lot aisle.
(d) Tandem loading zones are not permitted.
(I) Drive-Through Vehicle Stacking Standards
The following standards apply to properties with a drive-through facility designed for access from
a vehicle (rather than a walk-up facility).
Article 4 Development and Design Standards
10-4.3 Off-Street Parking and Loading
10-4.3(I) Drive-Through Vehicle Stacking Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 140
(1) Uses for which Drive-Through Facilities are Prohibited
Drive-through facilities shall not be allowed for convenience stores, wedding chapels, or
other uses not listed in Table 10-4.5, unless authorized by the Director based on the need
and/or appropriateness of a drive through facility for such use.
(2) Stacking Space Requirements
Vehicle stacking spaces for drive-through facilities shall be provided to comply with Table 10-
4.5: Drive-Through Stacking Space Requirements.
Table 10-4.5: Drive-Through Stacking Space Requirements
Activity Minimum Stacking Spaces (per lane) Measured From
Bank, Financial Institution, or
Automated Teller Machine
(ATM)
5 ATM or Window
Restaurant 8
4 between the street and the
order box; 4 between the
order box and the pick-up
window
Retail Store (other than
convenience) 5 Pick-Up Window
Car Wash 1 Outside of Washing Bay
Gated Residential Property 5 Sum of Resident and Visitor Lanes
Other Determined by the Director based on anticipated need and avoidance of traffic
congestion on adjacent streets.
(3) Location and Design of Stacking Lanes
(a) Audible electronic devices such as
loudspeakers, automobile service order
devices, and similar instruments shall not be
audible beyond the property line of the site.
(b) No service shall be rendered, deliveries
made, or sales conducted within the required
front yard or corner side yard; customers
shall be served in vehicles through service
windows or facilities located on the non-
corner sides and/or rear of the principal
building. The Director may authorize
exceptions to this requirement based on
anticipated needs and ability to comply with
other standards of this code.
(c) Drive-through stacking lanes shall have a
minimum width of ten feet and a minimum
length of 20 feet.
(d) A bypass lane shall be incorporated in all
drive-through facilities. Figure 10-4.4.3-5: Stacking Spaces
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 141
(e) Stacking spaces for drive-through facilities shall be located so that waiting vehicles do
not block parking stalls or interfere with the movement of traffic on-site, off-site, or
pedestrians and bicyclists.
Landscaping shall be installed to screen drive-through windows and order boxes along building
facades facing the principal street.
10-4.4 Landscaping and Tree Preservation
(A) Purpose
This section contains the minimum standards for the development, installation, and maintenance
of landscaping and screening and the preservation of trees within the City of Tamarac. The intent
of this section is to protect and enhance the environment, property values, and aesthetic qualities
in the City, while promoting the general public health, safety, and welfare. These standards ensure
landscaping is an integral part of every development that will:
(1) Conserve existing landscaping and natural vegetation while maintaining, preserving,
expanding and enhancing the existing tree canopy in the City, and protecting the natural
environment and beauty of the City by regulating the unnecessary destruction, removal, or
damaging of desirable trees and plant life;
(2) Mitigate against erosion and sedimentation by stabilizing the soils through the cultivation and
protection of root systems that hold and consolidate soil and other loose earthen materials
as well as restore soils and land bared as a result of construction or grading;
(3) Reduce stormwater runoff and associated impacts by intercepting, dispersing, and absorbing
rainfall, slowing down surface flow, filtering pollutants from runoff, and conserving water
supplies by allowing more rainfall to stay in the water table, minimizing water used for
landscaping maintenance;
(4) Encourage building and paved surface cooling through shading and the channeling of
breezes, thereby helping to offset global warming and lowering ambient temperatures
through transpiration;
(5) Contribute and encourage of air movement, air purification, and oxygen regeneration by
removing carbon dioxide and pollutant gases from the air and producing oxygen that helps
dilute air pollutant concentrations;
(6) Stimulate economic development by increasing the City’s attractiveness and quality of life for
shoppers, visitors, residents, and employers through incorporating human scale into the
urban environment by breaking up the visual impact of structures and parking lots while
providing a sense of privacy from neighbors and public rights-of-way;
(7) Maintain the continued vitality of natural habitats for the propagation and protection of
wildlife, birds, game, fish, and other aquatic life;
(8) Buffer excessive or undesirable impacts from street traffic or adjacent land uses and
activities by absorbing and deflecting sounds, limiting glare created by exterior lighting, and
screening undesirable views; and
(9) Support the core components of crime prevention through environmental design (CPTED)
through natural surveillance, access control, and territoriality.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(B) Landscape Plan Required
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 142
(B) Landscape Plan Required
(1) A landscape plan shall be included as part of any application as required for Site Plan
Approval (§10-5.4(H)), Improvement Permit (§10-5.4(I)) or Building Permit (§10-5.4(N)),
subject to the standards in this section. Landscape plans shall be prepared in accordance
with the requirements of the Administrative Manual and shall be approved by the Director,
Planning Board, and City Commission, as appropriate.
(2) Landscape plans shall be prepared and sealed by a landscape architect or other authorized
person pursuant to F.S. Ch. 481, as amended from time to time.
(3) All required landscaping shall be maintained in accordance with the approved landscape
plan, including approved specifications for plant size, number, location, and type of
landscaping material.
(4) All plant material shown on an approved landscape plan shall be replaced if it dies, is
seriously damaged, or removed.
(5) No final Certificate of Occupancy shall be issued by the City unless the landscaping
requirements are met as evidenced by an approved final landscaping inspection by the City.
(C) General Requirements for All Landscaping
(1) Plant Material
All required plant material shall be Florida Grade #1 or better, in accordance with Grades and
Standards for Nursery Plants (Florida Division of Plant Industry).
(a) All plant material shall, to the greatest extent possible:
(i) Be based on the plant’s adaptability to the landscape area, desired effect, color,
texture, and ultimate plant size;
(ii) Be frost- and drought-tolerant, and grouped in accordance with their respective
water and maintenance needs;
(iii) Be appropriate for the ecological and urban setting in which the materials are to be
planted, including the shielding of buildings from the sun, from radiating surfaces
such as parking areas, and as a screen for noise abatement;
(iv) Be commercially available; and
(v) Comply with CPTED principles.
(b) All minimum dimensions of landscaped material refer to dimensions at the time of
planting.
(c) Growth of plant material at maturity shall be considered prior to planting to ensure no
future conflicts arise related to views, signs, overhead and underground utilities,
security lighting, fire access, drainage easements, pedestrian walkways, and traffic
circulation.
(d) All landscaped areas shall be maintained free of nuisance species, including natural
areas within developed property.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(C) General Requirements for All Landscaping
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 143
(2) Native Vegetation and Diversity
(a) All landscaped areas shall include placement of native vegetation in substantial
conformity with the principles outlined in The Florida-Friendly Landscaping Guide to
Plant Selection & Landscape Design (University of Florida) and the Administrative
Manual.
(b) The City encourages use of the Xeriscape Landscaping Principles as included in the
South Florida Water Management District’s publication Waterwise, South Florida
Landscapes, Landscaping to Promote Water Conservation Using the Principles of
Xeriscape, which is hereby incorporated by reference into this section, amended from
time to time.
(c) Existing healthy and well-formed trees and understory vegetation may be preserved
and may be used toward meeting the requirements of this section to the extent that they
meet the minimum standards.
(d) Plant species identified as invasive species in List of Invasive Plant Species (Florida
Exotic Pest Plant Council) are prohibited.
(e) The eradication of nuisance vegetation is required on all sites including but not limited to
abutting rights-of-way and privately owned natural areas, prior to the issuance of a final
Certificate of Occupancy or final approval of any structural modification including
vehicular use areas.
(3) Installation
All required landscaping and landscape areas shall be installed in accordance with
landscaping best management practices, Florida-friendly landscaping principles, American
National Standards Institute (ANSI) A-300 standards, and the standards in this subsection.
(a) Topsoil
(i) Topsoil shall be sandy loam and contain a 25 percent minimum amount of
decomposed organic matter. There must be a slight acid reaction to the soil with no
excess of calcium carbonate.
(ii) Topsoil shall have a minimum depth of six inches for groundcover, flowers, shrubs,
and hedges and a minimum depth of three inches for turf grasses.
(iii) Trees shall receive 12 inches of topsoil around and beneath the root ball. No topsoil
shall be placed on top of the root ball. The root flare of all newly installed trees shall
be visible upon installation.
(iv) Topsoil shall be clean and reasonably free of clay, stone, roots, construction debris,
weeds, rocks, noxious pests, diseases, and other foreign materials.
(v) Topsoil for all planting areas shall be amended with horticulturally acceptable
organic material.
(vi) All soils used shall be suitable for the intended plant material.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(C) General Requirements for All Landscaping
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 144
(b) Mulch
(i) A three-inch minimum thickness of approved organic mulch material shall be
applied after initial watering in all areas not covered by buildings, structures,
pavement, turf grass, preserved areas, and annual flower beds.
(ii) Each tree and shrub shall have a ring of organic mulch no less than three feet in
diameter around its trunk.
(c) Turf Grass
(i) Turf grass shall be drought-tolerant and a species of grass that will survive as a
permanent lawn in Broward County assuming adequate watering and fertilizing as
described in this Section and the Administrative Manual.
(ii) Turf grass shall be viable, free of weeds, and capable of growth and development.
(iii) Planted as sod, strips shall be aligned with tightly fitted joints and no overlap of butts
or sides. Sod subgrade shall be reasonably free of all stones, sticks, roots, and other
matter prior to placement.
(iv) Turf grass areas may be seeded to meet the requirements of this Code, provided that
the area presents a finished appearance and complete coverage before a final
Certificate of Occupancy or other approval is issued.
(v) Use of turf grass shall be limited to being a design unifier, shall not be treated as fill-
in material, but as a planned element of the landscape. Turf grass shall be
consolidated and placed so it can be irrigated separately from other types of plant
material. Turf grass shall be restricted to areas that receive pedestrian traffic,
provide for practical or recreational use, or provide soil erosion control (e.g., on
slopes or in swales).
(vi) St. Augustine turf shall be installed within all unpaved areas of all rights-of-way.
(vii) The Director may authorize large grassed areas not subject to soil erosion, such as
playfields, to be grassed by other methods.
(d) Groundcover
(i) At the time of installations, groundcover shall be planted with a minimum of 75
percent coverage of the intended groundcover area, with 100 percent coverage
occurring within three months of planting.
(ii) For all developed properties, all yards and other portions of land not utilized for
structures, parking areas, walkways, driveways, decking, pools, or other amenities
shall be covered with turf grass or living groundcover.
(iii) Nonliving groundcover shall be limited to borders, sidewalks, step stones, and other
similar materials, and shall not cover more than 15 percent of the landscaped area.
Use of pervious paving materials is strongly encouraged.
(iv) An applicant may apply for an Administrative Adjustment, as described in §10-
5.4(P), Administrative Adjustment, of up to 50 percent of the area to be covered with
nonliving groundcover for industrial, special utility, and agricultural properties
subject to the criteria for Administrative Adjustment approval.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(C) General Requirements for All Landscaping
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 145
(e) Vines
Vines shall be a minimum of 30 inches in supported height upon installation and may be
used in conjunction with fences, visual screens, or walls.
(f) Trees
Fifty percent of the trees required in this section shall be water-conserving native plant
material.
(i) Palm Trees
A. Palms shall constitute no more than 20 percent of the total trees required. Any
palms provided in excess of this amount shall not count towards the tree
requirement.
B. Palms shall have a minimum height of 12 feet at the time of planting, measured
from the base of the palm to the tip of the bud, and shall have substantial gray
wood characteristics at the time of maturity shall have a minimum of two feet
of gray wood at the time of planting.
C. No large palm trees shall be located closer than 25 feet to light poles or
overhead utility lines. Refer to Florida Light & Power’s “Right Tree, Right Place”
guidelines.
D. Certain palms, as determined by the Director, may be substituted for shade
trees by grouping three or more palms in close proximity together to create the
equivalent crown spread. Certain palms, as determined by the Director, may be
substituted on a one for one basis in lieu of shade trees. Refer to §10-4.4(J),
Approved Palm and Tree Lists.
(ii) Shade Trees
A. Shade trees shall constitute 50 percent of the total trees required, unless
specifically addressed in this section.
B. At the time of installation, shade trees shall have a minimum:
1. Trunk caliper of three inches;
2. Height of 15 feet;
3. Crown spread of six feet; and
4. Four and a half feet of clear trunk.
C. No shade tree shall be located closer than 25 feet to light poles or 30 feet to
overhead utility lines. Refer to Florida Light & Power’s “Right Tree, Right Place”
guidelines.
(iii) Small Trees
A. Small trees shall have a minimum height of ten feet and the minimum crown
characteristics of the species at that height upon installation.
B. Trees with a multiple trunk growth characteristic shall have no more than five
main trunks.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(C) General Requirements for All Landscaping
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 146
C. All small trees shall have a minimum of 30 inches of clear trunk at the time of
planting.
(g) Shrubs
Fifty percent of shrubs required shall be installed as native plant material. Shrubs shall
have a minimum height of 24 inches with a spread of 18 inches upon installation. Shrubs
used as a required continuous hedge shall touch one another upon installation.
(h) Lakes, Canals, and Other Water Bodies
(i) All lakes, canals, wet retention areas, and other water bodies shall include soil
erosion control in the form of turf grass to the edge of the mean high water mark as
described in §10-4.4(C)(3)(c), Turf Grass.
(ii) No turf grass that requires mowing shall be allowed on slopes greater than four to
one.
(iii) All dry retention areas shall be landscaped with turf grass or groundcover in
accordance with §10-4.4(C)(3)(c), Turf Grass, and §10-4.4(C)(3)(d), Groundcover.
(i) Berms
(i) Berms shall be planted with turf grass or groundcover in accordance with §10-
4.4(C)(3)(c), Turf Grass, and §10-4.4(C)(3)(d), Groundcover.
(ii) The maximum slope for berms shall not exceed one foot in height for every three
feet in width.
(j) Fertilizer
(i) Fertilizers applied to plant material, including turf grass, within the City shall be
formulated and applied in accordance with requirements and directions provided by
Rule 5E-1.003(2), Florida Administrative Code, “Labeling Requirements for Urban
Turf Fertilizers.”
(ii) Nitrogen and phosphorus fertilizer shall not be applied to turf grasses or landscape
plants except as provided in §10-4.4(C)(3)(j)(i) above unless a soil or tissue
deficiency has been verified by an approved test.
(iii) Fertilizer containing nitrogen and/or phosphorus shall not be applied to turf grasses
or landscape plants from June 1 to September 30 unless approved by the Director.
(k) Installation Timing
(i) Prior to Certificate of Occupancy
All required landscaping, including groundcover, shall be installed in accordance
with the approved landscape plan or in accordance with any phasing plan and the
required planting standards presenting in this Section prior to the issuance of a final
Certificate of Occupancy unless otherwise approved by the Director.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(C) General Requirements for All Landscaping
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 147
(ii) Extensions
A. The Director may, for good cause shown, grant extensions to the above time
limit, allowing a developer and/or owner to delay the installation of required
landscaping.
B. Circumstances that may warrant an extension include, but are not limited to,
completion of utility work occurring in the proposed landscape area that is
incomplete or delayed.
C. Any extension of the time limit shall be conditioned on the required
landscaping being installed as soon as practicable after the delay-warranting
circumstances cease to exist. The provision of a performance guarantee shall
be required to ensure installation of the required landscaping is performed
within one year as described in Section 10-5.4(I)(3)(c)(i), Performance
Guarantees.
(4) Protection of Public Infrastructure
All shade and medium trees installed within six feet of public infrastructure shall utilize a
root barrier system, as approved by the Director.
(5) Obstructions to Emergency Response Vehicles
(a) No landscaping or related obstructions shall be placed within seven and a half feet of any
fire hydrant.
(b) Landscaping or related obstructions shall not be placed around buildings and structures
in a manner that impairs or impedes accessibility for firefighting and rescue operations.
(6) Stabilization
(a) Stabilization shall be in accordance with the International Society of Arboriculture
standards as amended from time to time.
(b) All palm and shade trees planted as trees shall be securely guyed, braced, and/or staked
at the time of planting until establishment. The use of nails, wire, rope, or any other
method which could damage the tree or palm is prohibited.
(c) All stabilization systems shall be clearly marked with flags, paint, or other visible
medium to prevent hazards and protect the public. Trees shall be re-staked in the event
of failure of the staking and guying.
(d) All guys and staking material must be removed when the tree is stable and established,
but in no case more than one year after initial planting. Failure to do so will be considered
tree abuse and will lead to enforcement action as described in 10-4.4(I)(3), Tree Abuse
below.
(e) All plants shall be installed so that the top of the root ball remains even with or slightly
above the soil grade.
(f) All required landscape planting areas and berms shall be stabilized and maintained with
turf grass, groundcover, mulch, or other approved materials to prevent soil erosion and
allow rainwater infiltration.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 148
(7) Irrigation System Required
(a) Irrigation systems shall be provided in all landscaped areas and designed to meet the
needs of the plant material within the landscape areas, in accordance with The Florida-
Friendly Landscaping Guide to Plant Selection & Landscape Design (University of
Florida) and in compliance with the watering restrictions of the South Florida Water
Management District.
(b) When feasible, irrigation systems shall be designed separately to serve turf grass and
non-turf grass areas.
(c) Irrigation and landscape design, installation, and maintenance shall consider soil, slope,
and other site characteristics in order to minimize water waste, including overspray, the
watering of impervious surfaces and other non-vegetated areas, and off-site runoff.
Furthermore, irrigation systems shall not create a hazard to vehicular use areas.
(d) In the event of damage or other mechanical failure, irrigation systems shall be designed
to minimize free flow conditions.
(e) Rain-sensing shutoff switch equipment shall be required on automatic irrigation
systems installed after May 1, 1991, to avoid irrigation during periods of sufficient soil
moisture, in accordance with Florida Law (F.S. 373.62). Such equipment shall consist of
an automatic mechanical or electronic sensing device or switch that will override the
irrigation cycle of the sprinkler system when adequate rainfall has occurred. Such
switches and devices shall be located and installed so that building eaves, balconies, and
similar overhands do not interfere with effective operation of the device or switch.
(f) Low-volume, drip, trickle, and emitter irrigation is encouraged, primarily for trees and
shrubs, to promote Xeriscape principles.
(g) Irrigation systems shall only be operated before 10:00 a.m., and after 4:00 p.m., or as
amended by the State of Florida, Broward County, the City, and/or South Florida Water
Management District regulations. It is strongly recommended that irrigation systems
operate primarily in the early morning hours after 4:00 a.m. to reduce the likelihood of
any horticultural plant diseases developing. Operation of the irrigation system for
maintenance, repair, turf grass installation for new construction, and landscape
maintenance activities such as required application of water to apply fertilizer,
herbicides, and pesticides shall not be limited to these hours.
(D) Minimum Landscaping Requirements
(1) Minimum Development Site Planting Requirements
(a) New developments shall provide plantings within pervious areas of the development
site in accordance with the standards in Table 10-4.6, below, for the base zoning district
in which the development is located and the size of the lot containing the development.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 149
Table 10-4.6: Minimum Planting Requirements
District Lot Type and Size Planting Requirement
RE, R-1, R-2
All lots up to 6,000 SF 5 trees and 20 shrubs [1]
Lots greater than 6,000 SF
5 trees and 20 shrubs per
3,000 SF or fraction thereof
above 6,000 SF [2] [3]
R-3, MUN, MUC, MUG, NC,
BP, I-1, I-2 All lots 1 tree and 5 shrubs for every
2,000 SF of pervious area [4]
PF, RC, RR All lots 1 tree and 5 shrubs for every
1,000 SF of pervious area [4]
NOTES:
SF = square feet
[1] Two of the five trees shall be shade trees, one being in the front half of the lot and one being in
the rear half. A minimum of two trees shall be located in front of the structure.
[2] A minimum of two trees shall be located in front of the structure.
[3] Corner lots greater than 6,000 sf shall require one additional tree and five additional shrubs.
[4] A minimum of 50 percent of the required trees shall be shade trees.
(b) The pervious area not covered by buildings, vehicular use areas, waterways, and
walkways shall be landscaped including but not limited to turf grass, groundcover, trees,
shrubs, and other plant material.
(c) The area between the street pavement and the property line or swale shall be turf grass
or groundcover.
(d) Existing trees and vegetation that are preserved, replaced, or relocated may be credited
towards achieving the minimum landscape requirements of this section, provided they
meet all applicable requirements of 10-4.4(C), General Requirements for All
Landscaping.
(2) Perimeter and Waterway Frontage Landscaping
(a) Properties in any district, except RE, R-1, and R-2, shall provide three trees (one of which
is a shade tree) for every 40 linear feet or major fraction thereof, and a continuous hedge
along the property perimeter. This requirement is in addition to the other requirements
in this section, except along street frontages that shall only require two trees (one of
which is a shade tree) and a continuous hedge in addition to the street tree requirements
as described in §10-4.4(F).
(b) MUN, MUC, MUG, NC, BP, I-1, and I-2 District properties with main public right-of-way
frontage involving only one perimeter, shall reduce this requirement to one shade tree in
addition to a continuous hedge and the street tree requirements as described in §10-
4.4(F). Corner properties or double frontage property without store fronts facing it shall
not be eligible for reduction.
(c) Where abutting properties have the same perimeter landscaping requirement, the
perimeter landscaping requirement can be met jointly by the abutting property owners
and does not have to be duplicated by each property owner as approved by the Director.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 150
(d) A landscaped area shall be a minimum of ten feet from the property line to any vehicular
use area or permanent structure other than permitted fences, walls, or landscaping
unless specifically required elsewhere in this Section.
(e) Waterway frontage shall be landscaped the same as the perimeter requirements stated
above. The continuous hedge requirement may be reduced upon determination by the
Director for waterway frontages only.
(3) Buffers
(a) Parking Area Buffers
In all districts except RE, R-1, and R-2, parking areas that abut the public right-of-way
shall be required to install a hedge planted a minimum of 24 inches high at time of
installation and maintained no higher than 30 inches. Alternatively, a berm 30 inches
high shall be installed to screen such parking area from the public right-of-way.
Appropriate sight triangles shall be maintained.
(b) Buffer Between Multi-Family and Single/Two-Family Residential
Where multi-family residential property directly abuts single- and two-family
residentially zoned property, a buffer area shall be provided on the multi-family
property. This buffer shall be a minimum continuous depth of ten feet of landscaped area
and shall follow the perimeter and waterway frontage requirements required in §10-
4.4(D)(2), Perimeter and Waterway Frontage Landscaping.
(c) Properties Abutting or Across from Right-of-way or Water Body
Properties that directly abut or are directly across from any public right-of-way, canal,
other water body, or any other separator from any Residential, RC, or RR District, or
property zoned open space (including golf courses), shall provide a buffer area on the
nonresidential plot per the standards below.
(i) This area shall be a minimum continuous depth of 25 feet of landscaped area.
(ii) A solid masonry wall, stuccoed and painted, or earthen berm, or combination
thereof, of at least six feet in height shall be required within this buffer unless the
buffer is within a front yard, along a major arterial, or along a Broward County
collector street.
A. On the side of the wall or earthen berm that abuts the Residential, RC, or RR
Districts, or is zoned open spaces (including golf courses), two trees, one tree
being a shade tree, shall be installed for every 30 linear feet or major fraction
thereof. Additionally, a continuous hedge shall be provided.
B. On the side of the wall or earthen berm that is interior to the nonresidential
plot, one shade tree shall be spaced every 40 linear feet. Additionally, a
continuous hedge shall be provided.
C. If a berm is utilized, one continuous hedge shall be installed at the top of the
berm only.
D. If a wall is utilized, it shall contain a door to permit access necessary for the
owners to maintain the required landscaping material. The nonresidential user
is responsible for maintenance of both sides of any wall. An optional design or
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 151
material of such wall may be considered by the Director as long as such wall is
designed to be an architectural enhancement to the overall property other
than strictly for separation purposes.
(iii) Additional buffer width will be required on property where the building height is five
stories or higher or when the property abuts or is across a water body from a
residential district. In this case, the minimum width of the buffer shall be 35 feet
where there is a water body separator and 50 feet where there is no water body
separator.
(d) SU District Buffers
(i) A landscape buffer consisting of hedges, trees, berms, or walls shall be installed to
provide a visual screen for all lots in the SU district. Any combination of hedges,
berms, and walls shall be at least six feet in height at the time of installation in order
to screen all the special utility lot from view from any contiguous Residential, Mixed-
Use, and Nonresidential Districts, and recreational uses.
(ii) When fences and wall are used as the visual screen, hedges of 36 inches in height at
the time of planting shall be planted outside of such fence or all.
(4) Pedestrian Zones along Building Façades
Trees and other plantings visually and aesthetically buffer and enhance building façades to
reduce air and noise pollution and to conserve energy within the structure.
(a) There shall be a landscaped pedestrian zone along the entire length of all building walls
that are the primary frontage as well as building walls that face a vehicular use area,
excluding sections of such façade that are utilized for direct access into the building or
the pickup location for the drive-through.
(b) These provisions shall be applicable to all zoning districts including all covered parking
structures or multi-level parking garages except single-family and duplex single-family
properties. However, these provisions shall not be applicable when a building wall faces
a dedicated alleyway.
(c) The minimum width of such landscaped zone for all structures shall be measured from
the base of the building to the top of a parapet wall, flat roof, or the midpoint of the eave
and ridge for a slopped roof as follows:
(i) For buildings with heights up to and including 60 feet, the landscape zone width shall
equal 50 percent of the building height or ten feet, whichever is greater.
(ii) For building with heights greater than 60 feet, the landscape zone width shall equal
not less than 30 percent or more than 50 percent of the building height as
determined by the Director.
(iii) The required width of the landscape pedestrian zone shall exclusive of any two foot
car overhang.
(d) Paved areas in the landscape pedestrian zone may not constitute more than 50 percent
of the width of landscape pedestrian zone or seven feet, whichever is less.
(e) One tree shall be installed in this zone per each 30 lineal feet, or fraction thereof, of
façade width.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 152
(f) Trees must be of a size as required by §10-4.4(C), General Requirements for All
Landscaping.
(g) Trees may be grouped, but there must be a minimum of one tree per façade.
(h) The remainder of the landscape area of the zone shall be treated appropriately with
plantings, seating, sidewalks, and other pedestrian accessways.
(i) Palms may be substituted for trees in landscape zones of limited width. Palms shall be
required at the rate of three palms for each tree that would otherwise be required under
this section and must be grouped together within the landscape pedestrian zone, unless
the Palm species is designated as a one-for-one substitute.
(j) The Director has the ability to administratively reduce the width of the landscape
pedestrian zone and increase sidewalk width. It must be demonstrated that the reduced
green space is provided elsewhere onsite and functions to help soften the mass of the
structure.
(5) Vehicular Use Area Landscaping
Except as otherwise provided by the provisions of this subsection, all vehicular use areas in
all districts shall include landscaping around and within the vehicular use areas as a means
of mitigating the microclimate and visual aspects as well as providing safe and secure means
for pedestrians to navigate these areas.
(a) Adjacent to Public Rights-of-Way or Private Roadways
(i) On the site of a building or open lot providing an off-street parking area or other
vehicular use area, landscaping shall be provided between the area and adjacent
right-of-way or private roadway as follows:
Figure 10- 4.4-1: Pedestrian Zones
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 153
(ii) At least a width of 15 feet of landscaping, measured from the property line to the
closest parking stall and a width of 25 feet measured from the property line to the
parallel interior drive aisle, excluding egress and ingress drives, shall be provided.
(b) Interior Landscaping
(i) An area or a combination of areas, equal to 15 percent of the total vehicular use area,
shall be devoted to interior landscaping.
(ii) Any perimeter landscaping provided in excess of that required by this Code may be
counted as part of the interior landscaping requirement as long as such landscaping
is contiguous to the vehicular use area and fulfills the objective of this subsection.
A. Each parking row shall begin and end with a landscaped island unless the
parking row terminates into a required perimeter or buffer area.
B. For parking rows which provide more than ten parking spaces, one additional
landscaped island shall be provided for every ten parking spaces. The Director
may approve a greater number of parking spaces between rows based on
unique site constraints.
C. A pedestrian walkway of any kind shall be added to the overall required width
of a landscape parking island to maintain the minimum continuous nine-foot
foot permeable area to accommodate a shade tree.
D. The location of islands can deviate from the above if the purpose of this is to
preserve existing on site trees as approved by the Director.
E. Landscaped islands shall be at least ten feet in overall width, nine feet inside
curb permeable area, by 18 feet in overall length, 16 feet inside curb permeable
area and shall have at least one shade tree.
F. The island shall be covered with turf, mulch, or other living ground cover.
Figure 10- 4.4-2: Pedestrian Walkway in Landscape Parking Island
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 154
G. The soil utilized within parking lot islands must be a minimum of 36 inches in
depth of natural soil not consisting of road rock, imported fill, or other
miscellaneous debris. Any grassed parking areas shall comply with the
parking island requirements above.
H. Other suitable solutions or innovative designs to reduce heat and glare from
vehicles may be substituted when approved by the Director, providing that no
parking stall is further away than 50 feet from a tree, measured in a straight
line from the tree trunk. Plans may be submitted showing aggregate clusters
of tree planting equivalent to or greater than the total area of all required
parking islands. These plans must be reviewed and found acceptable by the
Director.
I. A landscaped area having a width of at least nine feet inside curb permeable
area shall be provided between abutting parallel rows of parking spaces and
shall contain one shade tree for every 30 lineal feet of landscaped area. The
soil utilized within this area shall be a minimum of 36 inches in depth of natural
soil not consisting of road rock, imported fill, or other miscellaneous debris. A
pedestrian walkway of any kind shall be added to the overall required width of
a landscape area and
shall be located on one
side in order to maintain
the minimum continuous
nine-foot permeable
area and accommodate
the row of shade trees.
(6) Sight Distance
When an accessway intersects a public
right-of-way, or when the subject
property abuts the intersection of two
or more public rights-of-way, a sight
visibility triangle shall be provided. The
sight visibility triangle shall provide
unobstructed cross-visibility for
vehicular, pedestrian and bicycle traffic
at a level between three feet and six
feet measured from grade level. The
sight visibility triangles are formed as
follows:
(a) The areas of property on both sides
of an accessway formed by the
intersection on each side of the
accessway and the public right-of-
way line, with two sides of each
triangle being 25 feet in length
from the point of intersection and
Figure 10- 4.4-3: Sight Visibility Triangle
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(D) Minimum Landscaping Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 155
the third side being a line connecting the ends of the other two sides.
(b) The area of property located at a corner formed by the intersection of two or more public
rights-of-way, with two sides of the triangular area being 30 feet in length along the
abutting public right-of-way lines, measured from their point of intersection, and the
third side being a line connecting the ends of the other two sides.
(c) Obstructions to be restricted in the sight visibility triangles are found in the City’s
Engineering Standards.
(7) Landscape Requirements for Existing Uses
(a) Development Thresholds Requiring Compliance with Landscaping Requirements
Existing properties, including parking lots, that are not in compliance with these
regulations shall, upon the occurrence of any one of the following events, be subject to
the provisions of this §10-4.4, Landscaping and Tree Preservation, if:
(i) The total square footage of the vehicular use area is increased by more than 20
percent; or
(ii) There is a structural addition that increases the combined total gross floor area of
all existing buildings on the property more than 1000 square feet or by 50 percent,
whichever is less; or
(iii) Building elevation changes, excluding minor cosmetic items such as painting,
lighting fixtures, awnings, and signs, involving 50 percent or more of the exterior
walls of a roofed structure on the property within a two-year period. A modification
to only part of elevation shall constitute a change in the entire elevation of that
exterior wall; or
(iv) Any tenant change for a stand-alone non-residential structure that also involves
any change to any building elevation, excluding minor cosmetic items such as
painting, lighting fixtures, awnings, and sign painting; or
(v) Any tenant change for a non-residential structure that is the anchor tenant of a
property that also involves any change to any building elevation, excluding minor
cosmetic items such as painting, lighting fixtures, awnings, and signs.
In the event an existing property cannot abide by the current provisions of this Section, if
the above actions occur, the Director may require a property owner to bring the site to
current standards to the greatest extent possible as determined through the
Development Review Committee process.
(b) Existing Parking Lot Compliance
(i) Existing parking lots that do not meet the requirements of this Code with regards to
the size of landscaped parking island dimensions must increase the size of such
islands to meet Code requirements to such a level that will not substantially reduce
actual parking spaces below required parking as required by 10-4.3(D), Off-Street
Parking Requirements, above. The Director shall make this determination after the
Director and property owner have done a complete review of required parking and
existing and proposed uses in the property. This process will be initiated by criteria
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(E) Screening
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 156
detailed in subsection (7) above regarding nonconforming properties criteria. The
following options may be employed, as an alternative to accomplish this objective:
A. Smaller size trees may be substituted in parking islands as determined by the
Director.
B. Parking islands may be eliminated and grouped to provide larger parking
islands in other areas of the property as described in the above Section.
C. A combination of the above options may be employed to maximize the amount
of larger islands and maintaining required parking spaces for the property.
(E) Screening
(1) Accessory Structures
Generators, air conditioning units, bottled gas
tanks, irrigation pumps, swimming pool pumps and
heaters, garbage containers at ground level, utility
boxes, and similar accessory structures shall be
screened with shrubs or an opaque fence on all
applicable sides. Shrubs planted for this purpose
shall be in addition to the requirements in Table 10-
4.6 above. A hedge, berm, wood fence, or wall,
maintained at a minimum of six inches above the
items to be screened, may be used to satisfy the
screening requirements as approved by the
Director.
(2) Dumpster Enclosures
A minimum 24-inch high continuous hedge shall be provided around any dumpster enclosure
except for the access gate and pedestrian opening. This includes any dumpster used for
waste, recycling, or other purposes.
(3) Outdoor Storage Areas
(a) Outdoor storage areas that are adjacent to a residential zoning district, a lot containing a
residential use in a mixed-use zoning district, public open space, public trail, or public
street, shall be screened from view by a vegetative screen or by a solid wall or fence.
(b) The walls or vegetative screen shall be a minimum of six feet in height, but in any event
the walls or vegetative screen shall be higher than the screened outdoor storage and 100
percent opaque.
(c) The fence or wall design shall incorporate at least one of the primary materials and
colors of the nearest wall of the primary building (but excluding unfinished CMU block).
(F) Street Trees
The following standards shall be required in addition to other tree requirements in this §10-4.4,
Landscaping and Tree Preservation.
Figure 10-4.4.4-4: Dumpster Enclosure
Example
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(G) Historic or Specimen Trees
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 157
(1) General
(a) Non-residential and multifamily property owners may apply for a permit to plant a tree in
the swale area of a public or private street abutting the property owned by the applicant.
The location and species of the tree or trees shall be approved by the Director.
(b) The property owner shall maintain the tree or trees. The City reserves the right to
disallow trees in the swale that conflict with a public drainage purpose.
(c) Residents may apply for Minor Site Plan Approval as described in §10-5.4(H)(3)(f) for
tree planting approval within the rights-of-way of local streets. Costs of trees and
installation may be assessed and be paid for by the respective groups or property
owners.
(2) New Development
In conjunction with new construction or
development, street trees shall be
placed in the landscaped area of public
or private streets prior to the issuance
of a Certificate of Occupancy.
(a) One street tree shall be required
for every 40 linear feet of separate
street frontage and shall be planted
no further than 60 feet and no
closer than 15 feet apart.
(b) All street trees are to be placed in
the swale area of the public or
private street or a location in
accordance with the requirements
of this Section in order to
accommodate location of utilities and/or street widening.
(c) Street trees shall be approved shade trees species, unless an alternative tree species is
approved by the Director.
(3) Nonconforming Properties
Nonconforming landscaping on the site of a remodeled structure, expanded structure, or
expanded use area shall comply with the requirements of this Section to the maximum extent
practicable.
(G) Historic or Specimen Trees
(1) The Director may recommend from time to time the designation of certain trees located
within the City as specimen or historic trees. The City Manager shall review such
recommendation and add thereto their own comments and recommendations, and the
matter shall be presented to the City Commission for its determination.
(2) The City Commission shall consider the report of the Director and the recommendation of the
City Manager and shall either accept, modify, or deny the recommendation.
Figure 10- 4.4-5: Street Trees
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(H) Landscape Maintenance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 158
(3) The City Commission may designate by resolution those trees it deems appropriate as
specimen or historic trees.
(H) Landscape Maintenance
All landscaped areas shall be maintained in a live, healthy, and growing condition, properly
watered and trimmed according to the standards below.
(a) All owners of land or their agents shall be responsible for the maintenance of all
landscaping.
(b) All landscaping includes mowing and maintaining abutting rights-of-way, swales, lakes,
and canal banks.
(c) Landscaping shall be maintained to minimize property damage and public safety
hazards, including removal of living, dead, or decaying plant material, removal of low
hanging branches, and those obstructing street lighting and maintenance of sight
distance standards.
(d) Dead or declining plant material considered to be part of a natural habitat feature located
on public property are exempt from these landscape maintenance provisions except
where maintenance is necessary to avoid damage to public property or to mitigate safety
hazards.
(e) There shall be no use of mechanical equipment for the purpose of maintaining a
preserved ecological community, as identified in a natural resource protection area plan
or a development of regional impact, unless specifically authorized in writing by the
Director.
(2) Maintenance Standards
Landscaping shall be maintained in accordance with the standards below.
(a) Insects and Disease
Landscaping shall be kept free of visible signs of insect infestation and disease.
(b) Mulching
(i) Three inches of clean, weed-free, approved organic mulch shall be maintained over
all areas originally mulched at all times until landscaped area matures to one
hundred percent coverage. Mulch must be kept a minimum of six inches from the
trunk of any tree. The use of heat-treated mulch obtained from Melaleuca,
eucalyptus, or other invasive plant species is encouraged in order to reduce their
impact on the environment and to preserve the remaining plant communities. For
this reason, the use of cypress mulch is strongly discouraged.
(ii) Mulch shall be maintained in accordance with the standards of §10-4.4(C)(3)(b),
Mulch.
(c) Mowing and Trimming
(i) Landscaping shall be weeded, mowed, pruned, and/or trimmed in a manner and at a
frequency so as not to detract from the appearance of the general area.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(H) Landscape Maintenance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 159
(ii) Turf grasses shall be mowed by removing no more than one-third of the leaf blade at
each cutting.
(iii) St. Augustine and Bahia turf shall be mowed at a height no less than three inches.
(iv) All public rights-of-way, curbs, and sidewalks shall be edged to prevent
encroachment from the adjacent turfed areas. Line trimmers shall not be used to
trim turf abutting trees or other plant material.
(d) Pruning
(i) General
A. All property owners or their agents must prune trees in accordance with ANSI
A-300, as amended from time to time. Any pruning performed without
conformance to these standards shall be subject to enforcement by the City.
B. All tree pruners who provide services in the City shall hold a valid local
business license in Broward County as well as a valid Broward County tree
trimmer license.
C. If pruning is deemed tree abuse per §10-4.4(I)(3), Tree Abuse, and causes tree
removal, a Tree Removal License shall be required from Broward County as
described in §10-5.4(M), Tree Removal License.
D. Any landscaping found growing into public rights-of-way shall be pruned at a
minimum to the vertical clearances below:
1. Eight and a half feet above sidewalks;
2. 14 feet above local and collector streets; and
3. 18 feet above arterial streets.
E. Any landscaping found growing into a canal right-of-way shall be pruned to
provide a minimum vertical clearance of eight feet above the mean water level
or top of seawall.
F. Topiary pruning of shade and small trees by shearing or trimming into an
unnatural shape, such as round like a lollipop, is not prohibited, but strongly
discouraged. Trees pruned in this manner will not be counted towards fulfilling
the minimum landscape requirements outlined in this Section.
(ii) Exemptions
A. The removal of diseased or dead portions, such as palm fronds, of one tree that
does not result in said tree creating a threat to public safety or adjacent
property is allowed.
B. The removal of an interfering, obstructing, or weak branch of a tree such that it
does not result in said tree creating a threat to public safety or adjacent
property is allowed.
C. Pruning to reduce or eliminate interference with or obstruction of street lights,
stop signs, or traffic signals is allowed provided tree abuse does not occur per
§10-4.4(I)(3), Tree Abuse.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(H) Landscape Maintenance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 160
D. Failure to remove or properly prune a tree damaged by a natural disaster
within 30 days shall be a violation of this Code.
(e) Maintenance of Irrigation Systems
(i) Irrigation systems shall be maintained and promptly repaired to eliminate water
loss due to damaged, missing, or improperly operating sprinkler heads, emitters,
pipes, and other parts necessary for a fully functioning irrigation system.
(ii) Irrigation systems shall be designed, installed, and maintained to minimize
application of water to impervious areas and/or so as not to create a hazard to
vehicular use areas.
(iii) Low-volume, drip, trickle, and emitter irrigation is encouraged to promote good
Xeriscape principles where applicable.
(iv) A functioning rain sensor/shutoff device shall be required on all irrigation systems
installed after May 1, 1991, as mandated by F.S. § 373.62.
(v) In order to reduce the amount of water lost to evaporation, irrigation systems shall
be operated between the hours of 4:00 p.m. and 10:00 a.m. only, or as amended by
state, county, city and/or South Florida Water Management District regulations. It is
furthermore strongly recommended that irrigation systems operate primarily in the
early morning hours after 4:00 a.m. to reduce the likelihood of any horticultural
plant diseases developing. Operation of the irrigation system for maintenance,
repair, sod installation for new construction and landscape maintenance activities
(such as required application of water to apply fertilizer, herbicides and pesticides)
is not limited to these hours.
(vi) The duration that zones are operated should be adjusted to reflect the size of the
zone as well as the needs of the plant material in the zone. Unnecessary and
excessive watering can promote root rot and other plant diseases.
(vii) Under drought conditions, compliance with the watering restrictions of the South
Florida Water Management District is required.
(f) Golf Course Landscaping and Maintenance
Any site upon which a golf course is developed shall be landscaped and maintained in a
neat and clean, live, healthy, and growing condition, adequately watered and trimmed,
free of any structure, refuse, or debris. Golf course design should aim to preserve and
support existing natural features, including multiple vegetation types not just turf grass.
Utilizing more natural, less resource-intensive non-turf and transitional vegetation can
encourage more biodiversity and decrease habitat fragmentation.
(g) Replacement Requirements and Enforcement
(i) Improper maintenance shall include, but not be limited to, tree abuse, failure to
supply adequate water, failure to replace missing or deficient landscaping, failure to
maintain landscaping so as to meet the intent of the landscape code, such as
buffering.
(ii) Landowners or their agents shall be responsible for ensuring that plant material
required by this Section, or installed pursuant to a landscape code previously in
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(H) Landscape Maintenance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 161
effect, are replaced if such plant material dies, or are abused, following the issuance
of a Certificate of Occupancy. The owner shall have 45 days to install the required
landscaping.
(iii) In the case of improper maintenance of any landscaping, the owner or agent shall
desist immediately, and shall replace or repair all damaged landsca ping, at the
discretion of the City.
(iv) Preserved vegetation which dies following the issuance of a Certificate of
Occupancy shall be replaced with the equivalent replacement of plant material.
(v) Prohibited plant species shall not be replaced in-kind, but shall be replaced with a
similar plant species approved by the City.
(vi) Any planting of turf grasses, shrubs, or trees which become dead or badly damaged
shall be replaced with similar sound, healthy plant materials. The diameter of the
replacement tree shall be equal to or greater than the diameter of the abused tree.
More than one tree may be utilized for replacement if the aggregate sum of the
diameters of the replacement trees is equal to or greater than the diameter of the
abused tree.
(vii) Each replacement tree shall be on the approved tree list. The equivalent
replacement trees shall be Florida No. 1 quality or better. Each replacement tree
shall have the largest diameter commercially available in Dade, Broward, and Palm
Beach counties for the tree species selected, provided that no replacement tree
shall have a diameter of less than three inches. Diameter measurements shall be
made at four and a half feet above the ground.
(viii) Replacement trees shall be installed onsite. In the event the site cannot
accommodate all required replacement trees, the remaining replacement trees
shall be installed on public lands if approved by the enforcement agency and the
applicable jurisdiction that owns such lands.
(ix) Remedial actions and replacement required under this Section shall be completed
within established time frames through the City’s code enforcement procedures.
The enforcement agency may require the violator to immediately undertake
remedial actions in the event the abused tree is an immediate threat to the public or
property.
(x) Any violations of this subsection shall be referred to the code enforcement division
for enforcement. Each individual tree which is missing, removed, or damaged shall
be considered a separate violation. In addition, any other missing, removed, or
damaged landscaping shall be considered as additional violations. Each day such
failure or neglect continues shall be deemed a separate offense. Violator shall mean
a person who violates this Article. The owner of property upon which the abused
tree is located shall also be deemed a violator if the tree abuse is undertaken by the
owner's employee, agent or person under the owner's control.
(xi) Missing, damaged, or removed irrigation (where required) shall also be considered
a separate violation of this Code. Each day such failure or neglect continues shall be
deemed a separate offense.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(I) Tree Preservation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 162
(h) Root Systems
(i) Complete removal of root systems and stumps is required to the greatest extent
possible, as applicable.
(ii) Root pruning must be done so as to not irreparably damage the tree if it creates a
safety hazard.
(i) Emergencies and Utilities
(i) In emergencies such as floods, hurricanes, or other disasters, or in cases where a
fallen tree is interrupting service or is limiting access to utility facilities, the
requirements for implementing ANSI A-300 shall not apply to utility companies.
(ii) Failure to remove or properly prune a tree damaged by a natural disaster within a
reasonable period of time corresponding to the severity of the disaster as
determined by the Director shall be a violation of this Code.
(iii) The Hazard Pruning Standards and the Crown Reduction Standards of the American
National Standards Institute apply to utility companies’ tree pruning activities.
(I) Tree Preservation
(1) Tree Preservation
The following minimum standards shall apply to all trees designated for preservation from
damage during development activities.
(a) Land designated for conservation by Broward County or the City shall be exempted from
this section.
(b) No impervious surface including but not limited to paving or buildings, shall be located
within the dripline of any tree proposed for preservation.
(c) Retaining walls and dry wells shall be utilized where needed to protect trees from
severe grade changes.
(d) For shallow fills, all fill material shall be gently sloped down to the level of the tree roots
leaving the tree in a depression larger than the spread of its crown.
(e) No parking, vehicle maintenance, storage of construction materials or debris, or
cleaning of equipment shall occur within areas marked for preservation, including but
not limited to the dripline of any individual tree.
(f) In areas of unique natural or unusual vegetation, both the understory and the trees shall
be preserved. Any alteration or mitigation are subject to the natural resource protection
provisions of Section 10-48 of the City Code.
(g) Trees to be preserved shall be designated as such in either a Tree Removal License
approved by Broward County or a tree protection plan approved by the City.
(h) Prior to any clearing of improved, vacant, or unimproved land, unless specifically
exempted from this section, trees to be preserved shall have barriers constructed
around them to prevent physical damage from heavy equipment and other activities
incidental to development.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(I) Tree Preservation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 163
(2) Barriers and Barricades
(a) Encroachment into any barricade area shall be prohibited with the exception of activities
specifically permitted by an approved tree permit including dripline encroachment plan.
Required barriers shall be subject to inspection prior to any clearing by the City or
Broward County as a condition of permit approval.
(b) Barriers or barricades shall be:
(i) Large enough to encompass the entire area inside the dripline of the tree;
(ii) Noticeable and tall enough to be clearly visible to equipment operators;
(iii) Constructed of sturdy four by four scrap wood, or other sturdy material as approved
by Broward County or the City. Flags and ribbons are not permitted as the sole
barrier but can be utilized to increase visibility of the study material;
(iv) Constructed as a condition of the issuance of any land clearing, building, or
development permit;
(v) Constructed prior to any construction or other development activities, and are
required to remain in place through the construction period; and
(vi) Completely removed from the site at the end of the construction period immediately
prior to the issuance of a Certificate of Occupancy by the City, unless otherwise
stipulated in the approved tree removal license.
(c) Underground Utility Lines
(i) Underground utility lines shall, to the maximum extent possible, be routed around
the outside of the dripline of existing non-prohibited and noninvasive root systems
and trees.
(ii) A tunnel made by a power-driven soil auger may be used under the tree, as an
alternative subject to approval by the City.
(d) Fences and Walls
(i) Installation of fences and walls shall not conflict with the root systems of existing
trees. Post-holes and trenches close to trees shall be dug by hand and adjusted as
necessary to avoid damage to major roots.
(ii) Continuous footers for masonry walls shall be ended at the point where major or
large roots are encountered and those roots shall be bridged.
(3) Tree Abuse
(a) Tree abuse is prohibited in the City.
(b) Abused trees shall not be counted toward fulfilling minimum landscape requirements
and shall be replaced.
(c) The owner of an abused tree may provide the Director with written documentation from
an arborist certified by the International Society of Arboriculture, or other qualifying
organization, stating that the degree of abuse is not sufficient to warrant the removal of
the abused tree.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(I) Tree Preservation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 164
(i) The arborist’s opinion shall include a description of the proposed remedial pruning
including a timeframe in which the work will be performed.
(ii) Upon review of the arborist’s opinion, the Director may agree to allow the tree to
remain.
(iii) If the abused tree is allowed to remain, it is the property owner or their agents’
responsibility to follow through with any necessary corrective pruning or
maintenance to ensure the tree does not develop into a hazard.
(4) Tree Removal and Replacement
Provided all other applicable subsections of this section are being met by the property owner,
owners or their agents may pursue Tree Removal, Tree Relocation, or Tree Replacement
Licenses from Broward County per the standards outlined below.
(a) It shall be unlawful to cut down, destroy, remove, relocate or effectively destroy or
damage any tree in the City which has a caliper of four inches or larger without first
obtaining a Tree Removal or Tree Relocation License from Broward County.
(b) Until a natural resource plan has been prepared by a certified biologist and approved by
the City pursuant to Section 10-48 of this Code, clearing and grubbing permits shall not
be issued by the City for undeveloped properties that are classified as an
environmentally sensitive area, local area of particular concern, urban wilderness
inventory area, natural resource area, or shows evidence that the property supports
plants or animals that are rare, threatened, endangered, or are a species of special
concern.
(c) Tree Removal License shall not be issued for any developed property if removal causes
such property to be in violation of this Code or an approved site plan, unless the
conditions in this Section are met.
(d) A Tree Removal License shall be issued when one of the following conditions exist: the
tree is diseased, injured, in danger of falling, located so as to endanger an occupied
structure, interferes with utility services, creates unsafe vision clearances, or conflicts
with other codes, ordinances, or regulations.
(e) An applicant for a Tree Removal License shall fulfill the following condition:
(i) The tree, if destroyed, shall be substituted with an equivalent replacement or
replacements, planted on the site or within the project area, or on public lands if
there is no suitable onsite location as determined by Broward County's regulations
regarding the approved Tree Removal License.
(f) Failure of an owner to replace a removed tree with an equivalent replacement within 60
days after being notified by the City shall be in violation of this Code.
(g) If removal or replacement of a tree or trees occurs in conjunction with an Improvement
Permit, the application shall be considered part of the site plan development.
(h) No Improvement Permit shall be issued without an approved Tree Removal License.
(i) Removal, replacement, or relocation shall take place before a Certificate of Occupancy is
granted.
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(J) Approved Palm and Tree Lists
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 165
(J) Approved Palm and Tree Lists
The Director may grant special written permission to allow the planting of trees, other than those
listed, to meet the minimum landscape requirements. Such request shall be submitted in writing
with supporting documentation. Written approval for such deviation shall be obtained prior to the
planting of such trees or shrubs.
(1) Palm Trees
Table 10-4.7: Approved Palm Trees
Common Name Latin Name
Alexandra Palm Archontophoenix alexandrae
Bismarck Palm Bismarckia nobilis
Bottle Palm Hyophorbe lagenicaulis
Cabbage Palm Sabal palmetto
Canary Island Date Palm Pheonix canariensis*
Carpentaria Palm Carpentaria acuminate
Chinese Fan Palm Livistona chinensis
Coconut Palm Cocos nucifera*
Date Palm Phoenix dactylifera
Florida Silver Palm Coccothrinax argentata
Florida Thatch Palm Thrinax radiata
Foxtail Palm Wodyetia bifurcata
Key Thatch Palm Thrinax morrisii
Majesty Palm Ravenea glauca
Medjool or Zehedi Palm Phoenix dactylifera*
Montgomery Palm Veitchia montgomeryana
Paurotis Palm Acoelorrhaphe wrightii*
Pindo Palm Butia capitata
Queen Palm Syagrus romanzoffiana
Royal Palm Roystonea elata*
Screw Pine Pandanua utilis*
Senegal Date Palm Phoenix reclinata*
Silver Palm Coccothrinax argentata
Solitaire Palm Ptychosperma elegans
Spindle Palm Hyophorbe verschaffeltii
Sunshine Palm Veitchia modanielsii
Thatch Palm Thrinax radiate
Triangle Palm Dypsis decaryi
Washingtonia Palm Washingtonia robusta
Windmill Palm Trachycarpus fortunei
Winin Palm Veitchia winin
NOTES:
Shaded Green = Florida Native Species
*May be used on a one for one basis.
(2) Shade Trees
Table 10-4.8: Approved Shade Trees
Common Name Latin Name
Bald Cypress Taxodium distichum*
Beautyleaf Calophyllum spp.*
Bridalveil Caesalpinia granadillo*
Floss Silk Tree Chorisia speciosa
Golden Rain Tree Koelreuteria formosana
Golden Shower Cassia fistula*
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(J) Approved Palm and Tree Lists
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 166
Table 10-4.8: Approved Shade Trees
Common Name Latin Name
Green Buttonwood Conocarpus erectus*
Gumbo Limbo Bursera simaruba*
Indian Tamarind Tamarindus indica
Jacaranda Jacaranda mimosifolia
Jamaican Dogwood Piscidia piscipula*
Kapok Tree Ceiba pentandra
Laurel Oak Quercus laurifolia*
Live Oak Quercus virginiana*
Mahogany Swietenia mahogany*
Mastic Sideroxylon foetidissimum
Orchid trees Bauhinia spp.
Paradise Tree Simaruba glauca
Pigeon Plum Coccoloba diversifolia*
Pink Trumpet Tabebuia heterophylla
Pond Cypress Taxodium ascendens
Pongam Pongamia pinnata
Queen's Crape Myrtle Lagerstroemia speciosa
Red Bay Persea borbonia
Red Maple Acer rubrum*
Red Silk Cotton Tree Bombax ceiba
Royal Poinciana Delonix regia*
Rusty Fig Ficus rubiginosa*
Sapodilla Manilkara zapota*
Sea Grape Coccoloba uvifera
South Florida Slash Pine Pinus elliottii var. densa
Shortleaf Fig Ficus citrifolia
Spanish Cherry Mimusops elengi*
Strangler Fig Ficus aurea
Sugarberry Celtis laevigata
Sweetgum Liquidambar styraciflua
Sycamore Platanus occidentalis*
Wild Tamarind Lysiloma bahamensis*
Willow Bustic Dipholis salicifolia
Yellow Poinciana Peltophorum spp.*
NOTES:
Shaded Green = Florida Native Species
*Only trees allowed for Street Trees per Section (F) above.
(3) Small Trees
Trees listed in Table 10-4.9: Approved Small Trees, shall be used under power and utility
lines.
Table 10-4.9: Approved Small Trees
Common Name Latin Name
Allspice Pimenta dioica
Apple Blossom Shower Cassia javanica
Black Calabash Amphitecna latifoli
Black Ironwood Krugiodendron ferreu
Black Sapote Diospyros digyna
Blolly Guapira discolor
Bottlebrush, Upright and Weeping Callistemon spp.
Brush Cherry Syzygium paniculata
Buckthorn Bumelia spp
Article 4 Development and Design Standards
10-4.4 Landscaping and Tree Preservation
10-4.4(J) Approved Palm and Tree Lists
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 167
Table 10-4.9: Approved Small Trees
Common Name Latin Name
Carambolla Averrhoa carambola
Cassia Cassia surattensis/beariana
Cattley Guava Psidium cattleianum
Cherry Laurel Prunus caroliniana
Citrus Trees Citrus spp.
Crape Myrtle Lagerstomia indica
Dwarf Poinciana Caesalpinia pulcherrima
Dahoon Holly Ilex cassine
East Palatka Holly Ilex attenuate "East Palatka"
Fiddlewood Citharexylum fruticosum
Frangipani Plumeria spp.
Geiger trees Cordia spp.
Glossy Privet Ligustrum lucidum
Guiana Plum Drypetes lateriflora
Inkwood Exothea paniculata
Jamaican Caper Capparis cynophallophora
Japanese Fern Tree Filicium decipiens
Jatropha Jatropha spp.
Krug's Holly Ilex krugiana
Lancewood Ocotea coriacea
Lignum-Vitae Guaiacum sanctum
Long Stalked Stopper, Magroveberry Psidium longipes
Longan Euphoria longan
Loquat Eriobotrya japonica
Lychee Litchi chinensis
Madagascar Olive[1] Norhonia emarginata
Marlberry Ardisia escallonoides
Mimusops Manilkara roxburghiana
Myrsine Myrsine guianensis
Persimmon Diospyros virginiana
Pitch Apple Clusia rosea
Pond Apple Annona glabra
Powder Puff Calliandra haematocephala
Red Mulberry Morus rubra
Sabicu Lysiloma sabicu
Sand Pine Pinus clausa
Satin Leaf Chrysophyllum oliviforme
Silver Buttonwood Conocarpus erectus
Simpson's Stopper Myrcianthes fragrans
Snail Seed Cocculus laurifolius
Soapberry Sapindus saponaria
Southern Magnolia Magnolia grandiflora
Southern Red Cedar Juniperus virginiana
Spicewood Calyptranthes pallens
Stoppers Eugenia spp.
Sweet Acacia Acacia farnesiana
Sweet Bay Magnolia virginiana
Varnish Leaf Dodonea viscos
Verawood Bulnesia arborea
Wax Myrtle Myrica cerifer
Weeping Podocarpus Podocarpus gracilior
Yaupon Holly Ilexspp
Yellow Elder Tecoma stans
Yellow Tabebuia Tabebuia caraiba
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 168
Table 10-4.9: Approved Small Trees
Common Name Latin Name
NOTES:
Shaded Green = Florida Native Species
*Only trees allowed for Street Trees per Section (F) above.
[1] Olive trees shall not be used in vehicular use areas.
10-4.5 Environmental Protection and Infrastructure
(A) Purpose
This section ensures that development integrates stormwater and floodplain protection, as well
as incorporates safe, reliable, and adequate public facilities. The intent of this section is to protect
and enhance the environment, aesthetic qualities, and property values in the City, while
promoting the general public health, safety, and welfare. These standards ensure environmental
protection and infrastructure are essential parts of every development that will:
(1) Protect sensitive environmental areas such as pervious areas required for groundwater
recharge and riparian areas required for floodplain management;
(2) Mitigate impacts to development related to storm events, hurricanes, and other natural
disasters primarily resulting in increased precipitation;
(3) Conserve water resources through managing surface and stormwater, ensuring efficient
use of water onsite, as well as reducing potential water waste; and
(4) Provide potable water, wastewater, and solid waste facilities with adequate capacity to meet
the current and future needs of development in the City.
(B) General Standards and Criteria
(1) The requirement for development review findings by the City as a prerequisite to the issuance
of an Improvement Permit is found within the implementation section of the County land use
plan and the City land use element of its comprehensive plan. The standards and criteria in
this section are intended to implement those requirements.
(2) No application for an Improvement Permit may be approved unless and until it is determined
by the Director that the development review requirements set forth in this section are met.
However, except to the extent limited in this section, in stages of development prior to Site
Plan Approval, an application for an Improvement Permit may be approved (at the option of
the City) on the condition that the developer agrees in writing that at the time of Site Plan
Approval the requirements of this section are to be met.
(3) Plats and site plans may be processed simultaneously under the regulations of the City.
However, the City Commission realizes and acknowledges that situations exist wherein a
developer may choose to plat his property prior to the property being site-planned. In those
instances, if development review is conducted (at the option of the City), the maximum impact
for each criterion reviewed allowed under the applicable zoning district shall be assumed for
the property subject to the plat.
(4) There shall be no reservation of water or sewer capacity or other service unless all
conditions precedent to such reservation such as entry into a water and sewer developer's
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(C) Floodplain Management
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 169
agreement, which specifically sets forth a phasing for the payment of fees in accordance with
the phasing shown on the approved site plan, and until fees are paid.
(5) The developer should note that the County, during plat review, may independently review
development review criteria contained herein. A finding by the City that such criteria have
been satisfied is not to be construed as a guarantee that the County will come to the same
conclusion.
(6) Before an application for an improvement permit may be granted within the City limits, the
requirements of this Section below shall be satisfied.
(C) Floodplain Management
The standards to be applied for flood protection of buildings are set forth in Chapter 8 of the City
Code as the same may be amended from time to time, and 100-year flood criteria. Certification of
Compliance with floodplain regulations shall be made by the City Engineer, who shall have the
right to require the developer to submit any documents or material necessary to aid the City
engineer in his evaluation.
(D) Drainage
(1) System Generally
(a) A storm drainage system shall be provided that will drain the entire improvement to
positive outlets that can be legally maintained in permanent use or into a public drainage
system of adequate capacity which discharges into such positive outlets, including all
rights-of-way, easements and necessary construction at no expense to the city. Side
ditches along public roads shall not necessarily be considered as such public drainage
systems or positive outlets. If a retention basin is to be utilized, it shall be of adequate
storage capacity to accommodate a ten-year storm. The pipe shall be sloped and
structures channeled to develop sufficient scouring velocity at design flow to minimize
sedimentation.
(b) Data of the drainage system shall be submitted along with the construction plans in a
report form prepared by the developer's engineer indicating the method of control of
stormwater and groundwater, including the method of drainage, existing water
elevations, recurring high-water elevations, proposed design water elevations,
drainage structures, canals, ditches and other pertinent information pertaining to the
system.
(c) If the construction of a positive outlet drainage system causes a hardship, an alternate
system may be submitted for the review of the city engineer. A detailed design and cost
estimate of a positive outlet system shall be submitted with an explanation why such
system causes a hardship. The alternate system shall also include a detailed design and
cost estimate. The city engineer shall review the submitted data and forward a report to
the city commission for its review. The city commission shall then rule if an alternate
drainage system can be used.
(d) If an alternate system is accepted by the city commission, a bond (Evergreen or cash)
based on 150 percent of a certified cost estimate for a positive outfall system shall be
posted to guarantee that if the alternate system fails to perform satisfactorily, in the city
engineer's opinion, then the developer shall install a positive outfall system. This bond
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(D) Drainage
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 170
will be reviewed every two years of operation of the alternate system. If inspection at
that time shows the system to be operating satisfactorily, the city engineer may
recommend continuation of the bond to the city commission. The bond shall not be
released until the positive outfall is provided and the system is connected to it.
(2) Design of System
(a) The storm drainage system required for land development shall be designed in
accordance with the engineering principles accepted by the state department of
transportation and in conformance with the following design criteria:
(i) Rational formula (Q = ciA) shall be used.
(ii) Coefficient of runoff shall be 0.95 for impervious areas and from 0.5 to 0.9 for
grassed areas.
(iii) Storm drainage shall be designed by outlet methods to the effect that a ten-year
design storm will produce a headwater no higher than four inches above the lowest
catch basin rim in parking lots or two inches below the edge of pavement in
subdivisions and a 25-year storm will produce a headwater no higher than one inch
below the centerline crown of the roadway or the inside edge of the roadway on
roadways with medians. The minimum gutter and pavement gradient shall be 0.003
feet per foot. The minimum grass swale gradient shall be 0.006 feet per foot. The
length of roadside swale shall be less than 200 feet unless approved by the City
Engineer.
(iv) Manning's "n" shall be 0.013 for reinforced concrete or fully paved or lined
corrugated metal pipe, 0.019 for unpaved, helically corrugated aluminum pipe and
0.024 for unpaved, unlined, annularly corrugated pipe.
(v) Design water level of the secondary canals into which the outfall pipes flow shall be
+7.00 feet MSL for systems in the C-14 drainage basin and +6.00 feet MSL for those
systems discharging into the C-13 basin.
(b) The developer's engineer shall submit a copy of his design calculations to the City
Engineer for his approval on the standard form available from the City Engineer's office.
(c) The City Engineer may permit other design criteria to be used or may require the
developer's designer to use criteria other than those given in this section which the city
commission may deem necessary for the health, safety and welfare of the public.
(d) Inlets, catch basins, manholes, headwalls, and other drainage structures shall be of a
design approved by the city engineer.
(3) Minimum Drainage Requirements
(a) Finding of Emergency
The rains of April 1979 underscored the vital and immediate need for additional water
storage areas within the city. The city has engaged the University of Florida to study
drainage in the city; and after the staff and city commission have reviewed this study, the
conclusion has been reached that a minimum standard for on-site retainage must be
established throughout the city. Acknowledging the existing hurricane season and
proposed development, it is imperative that such development be subject to the
minimum standards set forth herein.
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(D) Drainage
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 171
(b) Additional Retention
(i) In addition to existing regulations, site plans and plats, if presented to the city
commission prior to its consideration of site plans for the same property, shall show
nine thousand one hundred twenty-five (9,125) cubic feet of additional stormwater
retainage per acre of development below the elevation of 10.0. This additional
retention shall be provided in open lakes and canals directly extending from existing
canals and lakes or connected to existing canals and lakes by a culvert designed in
accordance with city drainage standards and approved by the city engineer. For the
purpose of measurement, each acre of water surface added will be considered as
providing one hundred eighty-two thousand five hundred (182,500) cubic feet of
additional retention. Such acreage shall be computed at the design water surface
elevation. Such elevation is to be considered 6.30 MSL.
(ii) In cases where there would be an undue hardship to provide open canals or lakes,
upon the recommendation of the city engineer, the city commission may accept
other methods of providing the required retainage. A party owning property located
in the area of the city bounded on the north by the C-14 Canal, on the west by the L-36
borrow canal, on the south by Commercial Boulevard, and on the east by the
westerly limits of the City of North Lauderdale less the area of Land 7, Township 49
South, Range 41 East, and seeking plat or site plan approval for that property may, in
cases where it would not appear to be feasible to provide the on-site stormwater
retainage set forth in this section, pay to the city the value of the equivalent
retainage area that would otherwise be required under this section, in cash, at a rate
to be determined by resolution of the city commission. This money would be used
only for drainage retention or upgrading or augmentation of the systems or for any
other related drainage purposes after payments for the first 3.2 acres, which shall
be used for park and recreational purposes.
(iii) All money collected for equivalent drainage retention after payment is received for
the first 3.2 acres shall be kept separate and apart from all other city funds until
such time as all or a portion of the funds are to be expended.
(iv) In addition to any other fee, each developer seeking approval of a site plan or plat if
presented to the commission prior to its consideration of a site plan for the same
property shall pay a fee of one hundred thirty dollars ($130.00) per acre for drainage
improvements or drainage retention or upgrading or augmentation of the systems
or any other related drainage purposes, for each acre of land sought to be developed
at the time of approval of a site plan. This fee may be prepaid, in which event the city
shall not charge the developer an increased fee at the time of site plan or plat
approval. All money collected for drainage improvements under this subsection
shall be kept separate and apart from all other city funds until such time as all or a
portion of the funds are to be expended.
(v) In situations where the moneys set forth in this subsection have been paid at the
time of plat approval (with no accompanying site plan) and development occurs in
such a manner that the developer is able to provide all or a portion of the required
retention on site within two years of the date of plat approval, then the city shall
consider reimbursement to the party making the payment of a pro rata portion of the
moneys paid after review of a written request for reimbursement, provided the City
Commission approves the area provided for retention.
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(E) Stormwater Management
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 172
(4) Construction, Materials
All storm drainage materials and construction shall be in accordance with city standards. All
outlets shall be protected by headwalls. Pipes shall be visually clean and straight. The
developer shall cause the pipes to be stoppered, pumped nearly dry and illuminated for
inspections by the city engineer prior to acceptance of the installation.
(5) Ditches and Swales
Ditches and swales as defined in this article will not be approved except for roadside or yard
drainage swales.
(E) Stormwater Management
Adequate provisions shall be made for the management of stormwater, including erosion and
sedimentation control, in accordance with the requirements of the city engineer, the city public
works department, engineering division, minimum standards of design and construction, the
county environmental protection department, the South Florida Water Management District
(SFWMD), the Florida Department of Environmental Protection (FDEP) and any other agency that
may have jurisdiction over such activities. In case of any conflict, the most stringent requirements
shall govern. Contractors or owners shall be liable for the full cost of clean-up or fines or both for
spilling or causing to spill any harmful substance, including but not limited to chemicals, oil, tar,
asphalt, concrete, debris, soils, etc. that may ultimately flow into a public conveyance system,
including but not limited to public right-of-ways, pipes, canals or lakes.
(1) Stormwater Pollution Prevention Plan
A stormwater pollution prevention plan (SWPPP) shall be developed and submitted with all
applications for building, utilities, and engineering permits. The SWPPP shall be in substantial
compliance with the requirements of Chapter 62.621, Florida Administrative Code (F.A.C.) as
amended from time to time. A copy of the SWPPP and notice of intent (NOI) filed with the FDEP
shall be considered sufficient for permitting by the city.
(2) Water Quality Standards
All runoff from any construction site flowing into the public right-of-way, public drainage
system or any water body controlled by the city, county or state shall be managed so as not to
degrade the water quality of the public drainage or conveyance system. The city's standards
and requirements for maintaining water quality shall be in substantial compliance with
sections 27-195 and 27-196 of the Broward County Code of Ordinances as amended from time
to time.
(3) Violations and Penalties
Any person or entity found in violation of this section after notice and opportunity to be heard,
shall pay a fine of one hundred dollars ($100.00) plus costs. Any person or entity which allows
said violation to continue beyond 24 hours of initial notification shall pay an additional fine of
two hundred fifty dollars ($250.00). Any person or entity who allows said violation to continue
beyond 48 hours shall pay a fine of one thousand dollars ($1,000.00) and may be issued a stop
work order, and for each day of violations thereafter shall also pay a fine of one thousand
dollars ($1,000.00). These fines are in addition to any fines that may be imposed by other
agencies having jurisdiction over such activities. Repeat violations may result in fines up to
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(F) Potable Water
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 173
ten thousand dollars ($10,000.00) per day including stopping work if the violation is of a
serious nature, affecting health, safety and welfare of the residents or environment.
(4) Use of Funds
Funds collected from the fines shall be deposited in the stormwater management utility fund
and shall be used to pay for these services as outlined in §22-257 of the City Code as amended
from time to time.
(F) Potable Water
(1) Potable Water Required
(a) Potable water service shall be available prior to Issuance of a Temporary Certificate of
Occupancy or Final Certificate of Occupancy to provide for the needs of the proposed
development.
(b) All references to the availability of potable water service in this Code include the water
supply, treatment, distribution, and transmission system.
(c) In situations where plats are not processed with site plans, a finding of availability of
water at the time of plat approval shall not be a guarantee by the City that there will be
adequate potable water service at the time of site plan consideration.
(d) The proposed development shall be designed to provide adequate areas and easements
which may be necessary for the installation and maintenance of a potable water service
transmission system which will meet all applicable health and environmental
regulations.
(e) A water distribution system, providing potable water from an approved treatment
facility, shall be provided to serve all parcels of the subdivision or principal buildings of
the development. The pipes shall be sized to provide fire protection and an adequate
supply of domestic water for all reasonably anticipated construction and occupancies.
(f) The standards pertaining to potable water systems and other items pertaining to potable
water set forth in Chapter 22 of this Code as the same may be amended from time to time
shall be required to be complied with.
(2) Approval Without Conditions
The Director may grant an application for an Improvement Permit without conditions as to
potable water service upon finding that potable water service is available. A finding that
potable water service is available shall be based upon a certification by the City Engineer or
the City's consulting engineer for utilities. Said certification shall include findings that the
utility providing water service to the proposed site has sufficient capacity to provide for the
potable water needs of:
(a) The development proposed by application;
(b) Other developments in the service area which are occupied;
(c) Other developments in the service area available for occupancy;
(d) Other developments in the service area for which building permits are in effect; and
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(F) Potable Water
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 174
(e) Other developments in the service area for which potable water treatment capacity is
reserved.
(3) Approval with Express Conditions
(a) The Director may grant an application for an Improvement Permit with an express
condition as to potable water service upon finding that potable water service is not
available but will be made available. A finding that water service will be made available
must be based upon a certification by the City Engineer or the City's consulting engineer
for utilities that there is an economically and fiscally feasible plan to construct or expand
a water treatment facility which will have sufficient capacity to provide for the potable
water needs of:
(i) The development proposed by application;
(ii) Other developments in the service area which are occupied;
(iii) Other developments in the service area available for occupancy;
(iv) Other developments in the service area for which building permits are in effect; and
(v) Other developments in the service area for which potable water treatment capacity
is reserved.
(b) This certification shall state the source of funds or proposed source of funds to make the
capacity available and shall state any required improvements to the system that must be
made by the applicant or some other party prior to the issuance of either a Building
Permit or a Certificate of Occupancy as appropriate.
(4) Denial
The Director shall deny an application for an Improvement Permit upon finding that potable
water service is not available and will not be made available. A finding that potable water
service will not be made available must be made in the absence of a certification by the City
Engineer or by the City's consulting engineer for utilities that there is an economically and
fiscally feasible plan to construct or expand a water treatment facility which will have
sufficient capacity to provide for the potable water needs of:
(a) The development proposed by application;
(b) Other developments in the service area which are occupied;
(c) Other developments in the service area available for occupancy;
(d) Other developments in the service area for which building permits are in effect; and
(e) Other developments in the service area for which potable water treatment capacity is
reserved.
(5) Developer’s Agreement
(a) Prior to issuance of an Improvement Permit, a developer shall have entered into a
potable water developer's agreement with the entity to provide service for the
development.
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(G) Wastewater Treatment and Disposal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 175
(b) The water and sewer developer's agreement sets forth the phasing and timing exhibit for
the payment of all fees for water contribution or other charges in accordance with the
phasing shown on the approved site plan.
(c) Fees shall be paid at the time of utilities permit or in accordance with an approved
phasing plan. Fee shall be paid in accordance with the fee schedule in effect at the time
the utilities permit is applied for and not the fee schedule in effect at the time the water
and sewer developer's agreement is approved by the City Manager or their designee.
(d) There shall be no reservation of capacity or service until fees are paid.
(G) Wastewater Treatment and Disposal
(1) Wastewater Treatment and Disposal Services Required
(a) Wastewater treatment and disposal services shall be available prior to issuance of a
Temporary Certificate of Occupancy or Final Certificate of Occupancy to provide for the
needs of the proposed development.
(b) In situations where a plat is to be processed prior to a site plan, a finding that there is
adequate wastewater treatment and disposal services shall not be a guarantee by the
City that the services will be available at the time of site plan review.
(c) The proposed development shall be designed to provide adequate areas and easements
which may be necessary for the installation and maintenance of a wastewater disposal
system which will meet all applicable health and environmental regulations.
(d) A system of sanitary sewers, together with all necessary pumping stations and
appurtenances, shall be provided to serve all parcels of the subdivision or principal
buildings of the development. The system shall be designed to accommodate all
reasonably anticipated construction and occupancies. The collection system shall
conduct the sewage directly or indirectly through existing sewers or adequate capacity
to an approved treatment facility.
(e) The standards pertaining to wastewater discharge and other items pertaining to
wastewater set forth in Chapter 22 of this Code, as the same may be amended from time
to time, shall be required to be complied with.
(2) Approval without Conditions
The Director may grant an application for an Improvement Permit without conditions as to
wastewater treatment and disposal services upon finding that wastewater treatment,
sanitary sewers, and disposal services are available. A finding that wastewater treatment
and disposal services are available shall be based upon a certification by the City Engineer or
the City's consulting engineer for utilities that an existing wastewater treatment and disposal
facility has sufficient capacity to provide for the treatment and disposal needs of:
(a) The development proposed by the application;
(b) Other developments within the service area of the utility which are occupied;
(c) Other developments within the service area of the utility which available for occupancy;
(d) Other developments within the service area of the utility which for which building
permits are in effect; and
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(G) Wastewater Treatment and Disposal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 176
(e) Other developments within the service area of the utility which for which wastewater
treatment and disposal capacity has been reserved.
(3) Approval with Express Condition
The Director may grant an application for an Improvement Permit with an express condition
as to wastewater treatment and disposal services upon finding that wastewater treatment
and disposal services are not available but will be made available. A finding that wastewater
treatment and disposal services will be made available must be based upon a certification by
the City Engineer or City's consulting engineer that there is an economically and fiscally
feasible plan to construct or expand a wastewater treatment and disposal facility which will
have sufficient capacity to provide for the treatment and disposal needs of:
(a) The development proposed by the application;
(b) Other developments within the service area of the utility which are occupied;
(c) Other developments within the service area of the utility which available for occupancy;
(d) Other developments within the service area of the utility which for which building
permits are in effect; and
(e) Other developments within the service area of the utility which for which wastewater
treatment and disposal capacity has been reserved.
This certification shall state the source of funds or proposed source of funds to make the
capacity available and shall state any required improvements to the system that must be
made by the applicant or some other party prior to the issuance of either a Building Permit or
a Certificate of Occupancy as appropriate.
(4) Denial
The Director shall deny an application for an Improvement Permit upon finding that
wastewater treatment and disposal services are not available and will not be made available.
A finding that wastewater treatment and disposal services will not be made available must be
made in the absence of a certification by the City Engineer or the City's consulting engineer
for utilities that there is an economically and fiscally feasible plan to construct or expend a
wastewater treatment and disposal facility which will have sufficient capacity to provide for
the treatment and disposal needs of:
(a) The development proposed by the application;
(b) Other developments within the service area of the utility which are occupied;
(c) Other developments within the service area of the utility which available for occupancy;
(d) Other developments within the service area of the utility which for which building
permits are in effect; and
(e) Other developments within the service area of the utility which for which wastewater
treatment and disposal capacity has been reserved.
(5) Developer’s Agreement
(a) Prior to issuance of an Improvement Permit, a developer must have entered into a
wastewater developer's agreement with the entity to provide service therefore.
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(H) Solid Waste
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 177
(b) The water and sewer developer's agreement shall set forth the phasing and the timing
exhibit for the payment of all fees for sewer contribution or other charges in accordance
with the phasing shown on the approved site plan.
(c) Fees shall be paid at the time of utilities permit in accordance with the fee schedule in
effect at the time the utilities permit is applied for and not the fee schedule in effect at the
time the water and sewer developer's agreement is approved by the City Manager or
their designee.
(d) There shall be no reservation of capacity or service until fees are paid.
(H) Solid Waste
(1) Solid Waste Disposal Service Required
Solid waste disposal service shall be available prior to occupancy of any unit—residential,
commercial, industrial or other—to provide for the needs of the proposed development.
(2) Approval, Approval with Condition, or Denial
(a) The Director may grant an application for an Improvement Permit without conditions as
to solid waste disposal service upon finding that solid waste disposal service is
available.
(b) The Director may grant an application for an Improvement Permit with an express
condition as to solid waste disposal service upon finding that solid waste disposal
service is not available but will be made available.
(c) The Director shall deny an application for an Improvement Permit upon finding that solid
waste disposal service is not available and will not be made available.
(3) Standards and Other Considerations for Determination
(a) The standard to be applied by the Director in determining whether solid waste disposal
service shall be available is a comparison of the projected construction period set forth
by the developer in a written document to be submitted to the City with its request for
final site plan approval or with its request for final plat approval if the plat is to be
processed independently with the term of the City's franchise agreement with a company
for the removal of solid waste for residential service if the project is residential. If the
project is a mixed-use or nonresidential project, the developer shall submit a contract
with a franchised garbage company wherein the garbage company agrees that it is
bound to remove the solid waste generated by the proposed development for a period of
one year subsequent to the issuance of the projected Certificate of Occupancy. If the
City's franchise agreement with a collector—residential or nonresidential—expires prior
to the proposed issuance date of a Certificate of Occupancy, approval shall be subject to
the condition that the City enter into a new franchise agreement for residential or
nonresidential solid waste collection, as appropriate.
(b) The City shall review data submitted by the County or any other entity licensed to operate
a disposal site concerning projected capacity at its site; and if projected capacity extends
beyond the date that a Certificate of Occupancy is expected for a particular portion of a
proposed development, the City shall not deny approval of an improvement permit due to
the inadequacy of solid waste disposal sites.
Article 4 Development and Design Standards
10-4.5 Environmental Protection and Infrastructure
10-4.5(I) Utility Lines Location
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 178
(c) The City reserves the right during the site development plan review process to require
commercial or curbside service for multifamily residential units, herein defined as any
building or structure containing three or more attached dwelling units.
(d) All multifamily residential projects shall provide a site for recycling dumpsters or other
containers that may be provided by a vendor or required by the City. The size of the area
to be set aside for the dumpsters shall be determined at the time of site plan approval.
The specifications for recycling dumpster areas are technology based. Recycling
technology is rapidly changing; thus, the specifications will be set forth at the time of site
plan approval.
(e) All mixed-use and nonresidential projects shall provide a site for recycling dumpsters
or other containers that may be provided by a vendor or required by the City. The size of
the area to be set aside for the dumpsters shall be determined at the time of site plan
approval. The specifications for recycling dumpster areas are technology based.
Recycling technology is rapidly changing; thus, the specifications will be set forth at the
time of site plan approval.
(f) When required by the City, all multifamily projects shall show a separate dumpster
location. A site plan shall indicate which buildings are served with which dumpster for
each building, including recreation buildings over 550 square feet in size. Recreation
buildings over 500 square feet shall be required to have a dumpster location on a site
plan and a contract for sanitation services.
(I) Utility Lines Location
(1) Requirements
(a) In new development and redevelopment projects, all utility lines, including but not
limited to those required for electrical power distribution, telephone communications,
cable television, street lighting, electrical distribution system, including service lines to
individual properties necessary to serve the development under consideration, shall be
installed underground.
(b) This section shall not apply to wires, conductors, or associated apparatus and
supporting structures whose exclusive function is in transmission of electrical energy
between generating stations, substations, and transmission lines of other utility
systems.
(c) Telephone and cable television utility lines may be attached to Florida Power and Light
(FPL) electrical transmission facilities when such are allowed by the provisions of this
section.
(d) Appurtenances such as transformer boxes, pedestal-mounted terminal boxes and
meter cabinets may be placed above ground on a level concrete slab and shall be located
in such a manner as to minimize noise effects upon the surrounding residential
properties.
(e) All underground wires shall be buried a minimum of 18 inches below the finished ground
line.
Article 4 Development and Design Standards
10-4.6 Multi-family Residential Site and Building Design
10-4.6(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 179
(2) Easements
Recorded easements shall be provided for the installation of all underground utilities
facilities in conformance with such size and location of easements as may be determined by
the City Engineer to be compatible with the requirements of all utility companies involved
with respect to a particular utility service.
(3) Furnishing Utility Services
(a) The subdivider or developer shall make the necessary financial compensation and other
arrangement for such underground installation with each of the franchised utilities that
are involved with respect to a particular development.
(b) The subdivider or developer shall submit written evidence of a satisfactory arrangement
with each of the franchised utilities involved with respect to a particular development
before the final site development plan of the project is submitted to the Planning Board
for its consideration.
10-4.6 Multi-family Residential Site and Building Design
(A) Purpose
The purpose of these standards is to improve the appearance of design and functionality of multi-
family development, recognizing the importance of design in the economic success of urban
areas, the need to be more efficient in the use of land, and the need to ensure the adequate
protection of the surrounding area. More specifically, these standards are intended to:
(1) Provide a distinctive architectural character in new multi-family residential developments
that avoids featureless design, large building masses, and repetition of facades within a
single development;
(2) Promote sensitive design and planning of multi-family housing units that preserves or
improves the characteristics of surrounding development;
(3) Promote building design, placement, and orientation that contributes to a sense of
neighborhood and community; and
(4) Improve the quality of life of residents of multi-family residential dwellings.
(B) Applicability
(1) All development or substantial renovation of multi-family residential structures of four
stories or less shall comply with the standards in this section. In the case of mixed-use
buildings, these standards and the standards of §10-4.7, Mixed-Use and Nonresidential Site
and Building Design, below shall both apply.
(2) All multi-family residential dwellings that are five stories or greater in height shall comply
with the development standards for mixed-use and nonresidential buildings set forth in §10-
4.7 below.
Article 4 Development and Design Standards
10-4.6 Multi-family Residential Site and Building Design
10-4.6(C) Building and Parking Location, Layout, and Orientation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 180
(C) Building and Parking Location, Layout, and Orientation
(1) In multi-building developments, the buildings are encouraged to be arranged to enclose and
frame common areas. Common areas and courtyards should be convenient to a majority of
units.
(2) When more than one multi-family structure is constructed:
(a) The front wall of a multi-family structure shall be the wall that includes the primary
entrance. No front wall of a multi-family structure shall be located within 40 feet of the
front wall of any other multi-family structure;
(b) No non-front wall of a multi-family structure shall be located within 20 feet of a non-
front of any other multi-family structure; and
(c) No non-front wall of a multi-family structure shall be located within 30 feet of the front
wall of any other multi-family structure.
(3) For purposes of measurement in this subsection, projections such as decks and bay windows
shall not be counted.
(D) Parking
In addition to the parking lot landscaping requirements set forth in § 10-4.4(D)(5), Vehicular Use
Area Landscaping:
(1) No more than one double-loaded or two single-loaded rows of parking may be located
between any building on the site and an adjacent public street.
Article 4 Development and Design Standards
10-4.6 Multi-family Residential Site and Building Design
10-4.6(E) Building Mass and Articulation
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 181
(E) Building Mass and Articulation
(1) Each façade greater than 50 feet in length, measured
horizontally, shall incorporate wall plane projections or
recesses having a depth of at least 10 percent of the
length of the façade, and extending at least 20 percent
of the length of the façade.
(2) The facades of all multi-family buildings shall be
articulated through the incorporation of at least three
or more of the following:
(a) Balconies;
(b) Bay or box windows;
(c) Porches or covered entries;
(d) Dormers;
(e) Variations in materials;
(f) Variations in roof forms;
(g) Variation in window sizes and shapes; or
(h) Vertical elements that demarcate building
modules.
(3) The height of each multi-family building taller than 35
feet shall be stepped down from its highest roofline at
least one full story on any end of the building located within 50 feet of a street-right-of-way
or an adjacent area zoned or used for single-family residential.
(F) Roof Form
(1) To help provide a variety of roof forms, upper-level residential floors shall be incorporated
into the roof form to reduce the apparent height and mass of buildings.
(2) Multi-family residential buildings shall be designed to avoid any continuous roofline longer
than 50 feet. Rooflines longer than 50 feet shall include at least one vertical elevation change
of at least two feet.
(G) Façades and Detail Elements
(1) Highly reflective materials shall not be used in areas where the location of the building will
create undue solar, reflective glare on surrounding properties.
(2) Natural, smooth-face concrete masonry units shall not be used as a primary exterior finish.
(3) Siding material shall be continued down to finished grade with the following exceptions:
(a) If a secondary wainscot finish precludes this condition; or
(b) If grade dictates a siding transition. If this occurs then the area in question must not
exceed 18 inches above grade and must be screened by approved landscaping.
Figure 10-4.4.6-1: Articulation
Examples
Article 4 Development and Design Standards
10-4.6 Multi-family Residential Site and Building Design
10-4.6(H) Colors
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 182
(4) In multi-building complexes, individual building elements shall incorporate various
architectural details, color palettes, or building materials different from the adjacent
buildings.
(H) Colors
(1) The predominant exterior colors on multi-family buildings shall be earth tones to minimize
the visual impact of these buildings.
(2) Darker accent colors shall be utilized on garage door surfaces to minimize their visual
prominence.
(3) The use of bright, fluorescent, metallic, highly reflective, or other high-intensity colors and
finishes shall be limited to accent materials and may be used on no more than 30 percent of
any elevation.
(I) Entrances and Porches
Building/development entries shall comply with at least two of the following requirements:
(1) At least one main building entry shall face the primary adjacent public street;
(2) Building entrances face a courtyard that has a direct and visible connection to an adjacent
public street;
(3) Building entries are connected to a public sidewalk by walkways that are not routed through
a parking lot;
(4) The pedestrian entry to the site from the public right-of-way is emphasized with landscaping,
special paving, gateways, arbors, or similar features; or
(5) No more than one curb cut per 100 feet of frontage. Shared driveways are encouraged.
(6) The front entry of any structure shall be emphasized by the use of at least two of the
following:
(a) A porch or landing;
(b) Double doors;
(c) A roofed structure such as a portico, awning, or marquee;
(d) The inclusion of side-lights (glazed openings to the side of the door), and transom-lights
(glazed opening above the door) in the entry design;
(e) Decorative lighting; or
(f) Enhanced landscaping.
(J) Accessory Elements
(1) Storage
A multi-family project that is at least three stories in height with individual dwelling units on
each floor shall provide covered, enclosed, and secure storage areas for bicycles and other
belongings that typically cannot be accommodated within individual dwelling units. Storage
and other accessory buildings shall be designed with materials and/or architectural
elements that are related to the principal building(s).
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.6(K) Garages
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 183
(2) Trash Receptacles/Dumpsters
Dumpsters shall not be allowed in developments or sites with six or fewer dwelling units.
Developments or sites with six or fewer units shall provide covered storage for trash
receptacles. Such storage shall not be located between any building and the primary adjacent
street frontage.
(K) Garages
(1) Attached or Detached Garages
Garage entries and carports shall not be
located between a principal multi-family
building and a required street frontage,
but shall instead be internalized in
building groups so that they are not
visible from adjacent streets.
(2) Size
Garage and carport structures shall be limited to eight spaces
per structure to avoid a continuous row
of garages. No more than 12 garage
doors may appear on any multi-family building elevation containing front doors, and the
plane of each garage door shall be offset at least 18 inches from the plane of the garage door
adjacent to it.
(3) Design
(a) Detached garages and carports shall be integrated in design with the principal building
architecture.
(b) Detached garages and carports shall incorporate similar and compatible forms, scale,
materials, color, and details.
(4) Parking Structures
Structured parking, and parking within, above, or beneath the building it serves are all
strongly encouraged for multi-family developments.
10-4.7 Mixed-Use and Nonresidential Site and Building Design
(A) Purpose
This section ensures that mixed-use and nonresidential design and development standards
foster high-quality, attractive, and sustainable development that is compatible with the City’s
Comprehensive Plan. These standards are intended to:
(1) Protect and enhance the character and quality of residential, mixed-use, and nonresidential
areas in Tamarac;
(2) Protect and enhance the long-term market value of property within the City;
Figure 10- 4.6-2: Multi-Family Garages
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(B) Applicability
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 184
(3) Enhance the human and pedestrian scale of mixed-use and nonresidential developments,
ensuring compatibility between residential neighborhoods and adjacent mixed-use and
nonresidential uses;
(4) Mitigate negative visual impacts arising from the scale, bulk, and mass of large buildings and
centers;
(5) Promote building designs and construction practices that are sustainable and adaptable to
multiple uses for extending building lifecycles;
(6) Minimize negative impacts of on-site activities to adjacent uses; and
(7) Balance the community’s economic and aesthetic concerns.
(B) Applicability
All development or substantial renovation of any mixed-use or nonresidential principal structure
and any multi-family residential structure of five stories or more shall comply with the standards
in this section.
(C) General Site Layout Standards
(1) Purpose
Site design standards address a development’s relationship to its surrounding natural
features and development patterns. These standards are intended to:
(a) Ensure development relates to the physical characteristics of the site;
(b) Ensure building scale, orientation, and design relates to the surrounding uses and
streets, and creates a cohesive visual identity and an attractive street scene;
(c) Ensure site design for efficient pedestrian, bicycle, transit, and vehicular circulation
patterns, and create a high-quality pedestrian environment;
(d) Promote design environments built to human scale;
(e) Ensure delivery, trash, and loading facilities are located so as not to impede regular
vehicular and pedestrian circulation and access routes; and
(f) Ensure safe and efficient access between buildings and parking areas.
(2) Building Orientation
(a) Primary Entrance
Buildings shall be oriented so that the principal building entrance faces the principal
street or the street providing main access to the site. In cases where the principal
entrance does not face the principal street, connect the entrance to the street and
adjacent parking areas with sidewalks.
(b) Building Locations in Multi-Building Developments
Multi-building developments with three or more buildings shall be arranged and
grouped using one or more of the following techniques:
(i) Frame the corner of an adjacent street intersection or entry point to the
development; or
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(C) General Site Layout Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 185
(ii) On sites of 15 acres or more, frame and enclose a “main street” pedestrian and/or
vehicle access corridor within the development; or
(iii) Frame and enclose parking areas on at least two sides; or
(iv) Frame and enclose outdoor dining and/or outdoor gathering spaces between
buildings.
(c) Solar Access and Shading
To mitigate the sun’s heat and maximize easterly breezes, buildings shall be sited
according to the following standards:
(i) Buildings shall be oriented and grouped to reduce exposure to midday sun while
maximizing northern and southern sun exposure to utilize consistent, glare-free
interior daylighting.
(ii) To maximize building solar access, buildings and blocks shall be oriented with east-
west lengths equal to or greater than north-south building lengths, and east-west
axis within 15 degrees of geographic east-west.
(iii) Buildings shall be designed to provide shading for windows, entrances, and outdoor
spaces – for example, by locating outdoor gathering spaces on the north and east
sides of buildings under shade devices such as awnings, verandahs, or deep
balconies.
Figure 10- 4.7-1: Multi-Building Developments
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(C) General Site Layout Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 186
(3) Outdoor Gathering Spaces
(a) Definition
For purposes of this requirement, an
outdoor gathering space is an open
or partially open area intended for
the benefit of residents, employees,
or visitors to a site. The following
shall not be counted toward any
requirement of this section:
(i) Private yards;
(ii) Public or private streets or
rights-of-way; and
(iii) Parking areas and driveways.
(b) Standards
Developments on sites of 10 acres or larger shall devote a minimum of two percent of the
net site area to an outdoor gathering place that:
(i) Is integrated as part of the overall design of the site and located in an area that
provides benefit to a large number of users;
(ii) Helps establish or improve functional relationships and linkages within a site or
between adjacent sites. Potential locations include near anchor tenants, transit
stops, as a centralized site feature, or as a continuation of an adjacent natural area,
trail, canal, or other waterway;
(iii) Is designed as a single, contiguous space, rather than multiple smaller spaces;
(iv) Incorporates a minimum of five of the following pedestrian-scaled features:
A. Lighted bollards;
B. Movable tables and chairs;
C. Benches;
D. Seat walls and/or raised landscape planters;
E. Shade and/or palm trees;
F. Pots or hanging baskets filled with seasonal plant material;
G. Information kiosks;
H. Stage, amphitheater, or other performance space; and
I. Sculptures or other public art features;
(v) Integrates landscaping and/or structures to provide shading for outdoor gathering
spaces, particularly those with a southern or western exposure. The shading may be
freestanding or integrated with the adjacent building;
(vi) Provides direct access to sidewalks and pedestrian walkways; and
Figure 10- 4.7-2: Outdoor Gathering Spaces
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(D) General Building Design Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 187
(vii) Is maintained by the owners of the development, unless otherwise agreed to as part
of the development approval process.
(D) General Building Design Standards
(1) Purpose
Building design directly impacts the character and function of mixed-use and nonresidential
development. These standards are intended to:
(a) Ensure that multi-building or phased mixed-use and/or nonresidential developments
use compatible schemes of materials, colors, and architectural vocabulary to ensure
consistency;
(b) Ensure building materials are durable and have low maintenance requirements in the
tropical environment;
(c) Ensure buildings are designed to a human scale;
(d) Ensure design that is sensitive to the subtropical climate;
(e) Encourage sustainable development by limiting the amount of resources necessary to
construct and operate buildings, and by designing buildings to be adaptable for multiple
uses; and
(f) Require buildings that incorporate standardized formulas or market prototypes to meet
a higher level of building design.
(2) Architectural Character
(a) Four-Sided Design
Architectural detailing shall be incorporated on all sides of a building that reflects the
front facade. Blank walls void of architectural details or other variation are prohibited.
(b) Exterior Trademarked Design Features
Each building with exterior trademarked architectural design features located 12 feet or
more above finished grade, including trademarked roof and parapet design features but
not including signs, shall provide a higher level of building design by meeting the
following additional requirements:
(i) Section 10-4.7(D)(4)(a) Horizontal Articulation: Meet four or more of the listed
standards; and
(ii) Section 10-4.7(D)(5)(a) Primary Building Entrance: Meet four or more of the listed
standards.
(iii) For purposes of this provision, a trademarked design feature is any building design
element, including but not limited to specific colors, pattern, or shape, but not
including signs, associated with a registered federal trademark or trade dress (i.e.,
the general visual characteristics of a product or its packaging).
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(D) General Building Design Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 188
(3) Response to the Subtropical Environment
(a) Shaded Sidewalks
(i) Shaded sidewalks shall be
provided along at least 50
percent of all building facades
adjacent to or facing streets,
outdoor gathering spaces, or
parking areas.
(ii) Shaded sidewalks shall
constitute a minimum of 30
percent of the sidewalks within the
site (i.e., not including perimeter
sidewalks that are adjacent to a
public street right-of-way).
(iii) For purposes of these requirements, a shaded sidewalk shall be any one of the
following:
A. A sidewalk at least ten feet wide made of pervious concrete with shade trees at
30-foot intervals or of standard concrete with the trees planted in grates at the
same distance.
B. A five-foot sidewalk adjacent to a landscape strip at least ten feet wide planted
with shade trees at 30-foot intervals.
C. A sidewalk at least six feet wide covered with weather-protection materials
(such as awnings, an arcade, or other structure).
(b) Contextual References
Developments shall include features typical of Tamarac and Broward County’s
architecture and the subtropical environment in the building design, such as, but not
limited to:
(i) Architectural shade devices or roofs with canopies that extend over the exterior
envelope below;
(ii) Deeply recessed windows;
(iii) Covered porches or arcades; and
(iv) Gabled roof forms.
(c) Sustainable Design
To the maximum extent practicable, new buildings shall incorporate two or more of the
features below:
(i) Integration of renewable power in the design of buildings or sites. Renewable power
may be derived from solar, wind, geothermal, biomass, or low impact hydro
sources;
(ii) Avoidance of dark colors on exterior walls exposed to the sun;
Figure 10- 4.7-3: Shaded Sidewalks
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(D) General Building Design Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 189
(iii) Energy-efficient materials, including recycled materials that meet the standards of
§10-4.7(D)(6) Architectural Details, Materials, and Colors, in the building design;
(iv) Fully shaded ground surfaces to reduce glare;
(v) A sustainable roof or light colored roofing materials; or
(vi) Skylights, atria, light shelves, clerestory windows, or light tubes to maximize the
amount of natural light that enters the building.
(4) Building Mass
(a) Horizontal Articulation
Buildings shall be designed to reduce
apparent mass by dividing facades into
a series of smaller components. No
individual component shall have a
length of more than 60 feet.
Distinguish components from one
another through two or more of the
following:
(i) Variations in roof form or
variations in roof height of two
feet or more;
(ii) Changes in wall plane depth of 12
inches or more;
(iii) Variations in the arrangement and
recessing of windows;
(iv) Recognizable changes in texture,
material, or surface colors; or
(v) Engaged columns (i.e., a column
embedded in and partially
projecting from a wall).
(b) Vertical Articulation
Buildings shall be designed to
reduce apparent mass by including a
clearly identifiable base, body, and
top, with horizontal elements
separating these components. The
component described as the body
must constitute a minimum of 50
percent of the total building height.
Figure 10- 4.7-4: Outdoor Gathering Spaces
Figure 10- 4.7-5: Vertical Articulation
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(D) General Building Design Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 190
(5) Design for Pedestrians
(a) Primary Building Entrance
Design shall include visually prominent primary building entrances including providing
shade for pedestrians. Unless otherwise provided in this Code, a combination of two or
more of the following features shall be incorporated:
(i) Canopy, portico, archway, arcade, or similar projection that provides architectural
interest and protection for pedestrians;
(ii) Prominent tower, dome, or spire;
(iii) Peaked roof;
(iv) Projecting or recessed entry;
(v) Outdoor features, such as seat walls, landscaping with seasonal color, or
permanent landscape planters with integrated benches; or
(vi) Other comparable techniques/features.
(b) Transparency
(i) Throughout the City, on the façade facing the principal street:
A. At least 30 percent of the ground-floor wall area between two and ten feet
above grade shall consist of transparent glazing;
B. At least 20 percent of each upper-floor wall area shall consist of transparent
or nontransparent glazing.
(ii) Glazing required by this Code should be concentrated in areas of high pedestrian
activity and, to maximize energy efficiency, should be used in conjunction with shade
features required by §10-4.7(D)(3), including awnings, shaded sidewalks, deeply
recessed windows, and covered porches or arcades.
Figure 10- 4.7-6: Primary Building Entrance
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(D) General Building Design Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 191
(iii) Except as otherwise permitted in this section and in §10-4.10, Signs, transparent
glazing required by this Code shall be maintained without interior or exterior
obstructions that substantially limit visibility, including, but not limited to, window
signs, interior shelving, tinting, or window coverings (except window blinds) during
hours of business operation. This section shall not apply to signage, shelving,
displays, or the like, set back at least three feet from the glazing surface.
(c) Pedestrian Amenities
Ground-floor facades that face public streets or other public areas (e.g., outdoor
gathering spaces, parks or open space, parking areas with more than five spaces) shall
incorporate pedestrian-oriented design features along no less than 60 percent of their
horizontal length. Pedestrian-oriented design features may include arcades, display
windows, entryways, awnings, or other features. Shaded sidewalks required by §10-
4.7(D)(3) that are part of the building design may be credited toward this standard, as
well.
(6) Architectural Details, Materials, and Colors
(a) Permitted Wall Materials
The following materials are permitted for use on exterior building walls, individually or in
combination:
(i) Brick;
(ii) Stone (natural or simulated);
(iii) Painted, stained, or integrally-colored concrete masonry units (CMU), split face or
ground face;
(iv) Textured tilt-up concrete panels, with or without reveals;
(v) Stucco;
(vi) Exterior Insulation and Finish Systems (EIFS);
(vii) Clear and tinted glass;
(viii) Tile;
(ix) Wood; and
(x) Architectural metal.
Other materials may be used provided they are of comparable quality, durability, and
character, as determined by the Director.
(b) Accent Wall Materials
A minimum of 10 percent and a maximum of 25 percent of the exterior building wall
facing the principal street (not including windows and doorways) shall consist of an
accent material from the list in subsection (a) above that is different than the remainder
of the building façade material.
(c) Prohibited Wall Materials
The following materials are prohibited:
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(E) Supplemental Standards: Mixed-Use Districts
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 192
(i) Un-textured tilt-up concrete panels (acceptable for industrial buildings);
(ii) Pre-fabricated steel panels (acceptable as an accent element);
(iii) Corrugated metal (Corten or rust finish acceptable as an accent element); and
(iv) Mirrored or otherwise highly reflective glass.
(d) Roof Materials
Flat roofs, standing seam metal roofs, and concrete and clay tile roofs are permitted.
Asphalt shingle roofs are not permitted.
(e) Metal Finishes
(i) Metal may be painted or left it in a natural state to derive its character from
weathering and oxidation.
(ii) Bright or highly reflective metal finishes are prohibited.
(f) Colors
(i) The predominant exterior colors on multi-family buildings shall be earth tones to
minimize the visual impact of these buildings.
(ii) Darker accent colors shall be utilized on garage door surfaces to minimize their
visual prominence.
(iii) The use of bright, fluorescent, metallic, highly reflective, or other high-intensity
colors and finishes shall be limited to accent materials and may be used on no more
than 30 percent of any elevation.
(E) Supplemental Standards: Mixed-Use Districts
(1) Purpose
These standards are intended to preserve and enhance the unique character and identity of
Tamarac. They are intended to ensure that future infill and redevelopment will be context-
sensitive and have high-quality site layout, architectural detailing, façade articulation, and
other features that provide a distinct character and pedestrian scale.
(2) Applicability
Development of any structure that will contain a use categorized in Table 10-3.1, Allowed
Uses, as a commercial use, or a mix of commercial and other uses, and that is located within
the Mixed-Use Corridor or Mixed-Use General districts, shall comply with the general site
layout and building design standards of §10-4.7(C) and §10-4.7(D) above, plus the standards
of this section.
(3) Site Planning
(a) Parking Location
Surface parking shall be located behind buildings. Surface parking is not permitted
between the building and the primary street frontage or to the side of the building where
it may be viewed from the primary street frontage.
Article 4 Development and Design Standards
10-4.7 Mixed-Use and Nonresidential Site and Building Design
10-4.7(F) Supplemental Standards: Business Park District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 193
(b) Ground-Floor Uses
The incorporation of retail shops and/or restaurants is encouraged at the street level to
promote a more active environment for pedestrians and to support residential and office
uses located within the same building (on upper floors) or nearby. This configuration of
uses is particularly encouraged along Commercial Boulevard, McNab Road, State Road
7, NW 57 Street, NW 70 Street, and University Drive, as well as adjacent to major public
spaces, including canals and waterways, where a high level of activity and visibility is
desirable. If a limited portion of a structure’s ground level will be devoted to retail or
restaurant space, such space should be located along those facades adjacent to or most
visible from primary street frontages or major pedestrian walkways.
(c) Build-To Line
First floors of all buildings shall “build to” the back of the sidewalk or edge of property.
Exceptions to the build-to line may be permitted if:
(i) The space set back from the build-to line is used for an outdoor gathering space, as
defined in §10-4.7(C)(3)(a);
(ii) The space set back from the build-to line is designed as a protected walkway for
pedestrians, with the second floor placed at the build-to line; or
(iii) The space set back from the build-to line is used to provide a mid-block pedestrian
connection to an outdoor gathering space provided at the rear of the building or to an
adjacent canal or waterway. Mid-block pedestrian connections shall be a minimum
of 15-feet in width.
(F) Supplemental Standards: Business Park District
(1) Industrial Activities in Enclosed Buildings
Except as expressly provided otherwise in this Code, all activities associated with any
industrial use (as listed in Table 10-3.1: Allowed Uses) shall be conducted within a totally and
permanently enclosed building.
(2) Façade Articulation
Each street-facing building facade shall be horizontally and/or vertically articulated to avoid
long, blank wall planes, by meeting at least one of the following standards:
(a) Wall Plane Horizontal Articulation
Each facade greater than 100 feet in width shall be articulated with wall offsets (e.g.,
projections or recesses in the facade plane), changes in facade color or material, or
similar features that visually interrupt the wall plane horizontally such that the width of
uninterrupted facade does not exceed 100 feet.
(b) Vertical Articulation
Each facade greater than 30 feet in height shall incorporate a change in the wall surface
plane or in facade color or material that visually interrupts the wall plane vertically such
that the height of uninterrupted facade does not exceed 30 feet.
Article 4 Development and Design Standards
10-4.8 Fences, Walls, and Hedges
10-4.8(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 194
(c) Roof Line Variation
The facade shall include variations in roof planes and/or in the height of a parapet wall at
least every 60 feet of roofline length along the facade.
(3) Entrance
(a) Each principal building shall have clearly defined, highly visible primary entrances for
occupants and patrons.
(b) Street-facing facades of the ground level floor shall not include overhead doors, sliding
glass doors, removable panels, or similar type of doors.
(4) Building Façade Materials
The use of vinyl siding aluminum siding, corrugated metal siding, any other metal siding,
unfinished or untreated tilt-up concrete panels, or standard single- or double-tee concrete
systems as a primary exterior facade material shall be limited to those portions of rear and
side building facades that are not visible from the public right-of-way or an adjacent
residential, institutional, or commercial use.
(5) Loading and Service Areas
Loading and service areas shall be separated from patron parking, pedestrian areas, and
main drive aisles, and shall be located as far as practicable from any abutting single-family
residential development.
(6) Off-Street Parking Location
No more than two bays of off-street parking may be located between the front building facade
and the street it faces. This may be doubled for buildings of two or more stories.
10-4.8 Fences, Walls, and Hedges
(A) Purpose
This section ensures that fences, walls, and hedges are regulated to ensure the location, height,
and appearance of fences, walls, and hedges:
(1) Maintain visual harmony within neighborhoods and the City;
(2) Protect adjacent properties from the indiscriminate placement and unsightliness of fences,
walls, and hedges; and
(3) Ensure the safety, security, and privacy of properties.
(B) General Standards
(1) All Districts
(a) Except where specifically noted, all walls and fences shall be constructed of one of the
following materials or a combination thereof:
(i) Wood,
(ii) Rock,
Article 4 Development and Design Standards
10-4.8 Fences, Walls, and Hedges
10-4.8(B) General Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 195
(iii) Stone,
(iv) Solid masonry with stucco and paint,
(v) Pierced masonry,
(vi) Ornamental metal,
(vii) Vinyl coated chain link, or
(viii) Plastic Vinyl Coated (PVC).
(b) No electrified fences are permitted.
(c) Bare metal chain link fences are not permitted unless utilized for temporary or
construction fencing. All chain link fences shall be vinyl coated.
(d) Bamboo or materials similar in appearance are not permitted.
(e) Fences and walls shall not be comprised of more than one material unless it is done in a
decorative manner at the discretion of the Director.
(f) The height of all fences, walls, and hedges shall be measured from the finished elevation
of the property at the point of installation.
(g) No fence or wall shall be erected or installed within the City's jurisdiction unless the
design and structurally sound materials have been approved by and a permit for same
has been issued by the building department of the City.
(h) At all roadway intersections, fences, walls, or hedges shall not obstruct visibility of
traffic as determined by the City Engineer. (See §10-4.4(D)(6), Sight Distance.)
(i) The continued maintenance of any fence, wall, or hedge within the City shall be the
responsibility of the owner or other person responsible for the property upon which
such fence, wall, or hedge lies.
(j) Fences, walls, and hedges shall always be maintained in a condition that will ensure
safety, functional use, and a proper aesthetic appearance. Such maintenance shall
include but not be limited to painting, repairing, or pruning.
(k) The City Commission shall, in approving site development plans, require that appropriate
fence, wall or hedge protection is provided to prevent or minimize hazards to contiguous
residential properties from noise, glare, odors, smoke, vibrations, flying objects, or
traffic.
(l) The Director may allow a maximum of two additional feet in height for a decorative rail on
top of walls. The rail can exceed the maximum allowable wall height by no more than 2
feet if the applicant can provide safety and/or security reasons for the justification at the
discretion of the Director.
(m) Within the I-1, I-2, BP, PF, and SU zoning districts, fences for utility sites and industrial
sites shall be permitted for security reasons with a maximum height of eight feet.
(n) Where a canal maintenance easement exists, an opening shall be provided for
maintenance purposes, which shall be a minimum of eight feet in width. If there is a gate,
it shall be hinged or removable for access. A gate also shall be required if the property
contains any area that cannot be accessed due to the fence to allow access for
maintenance.
Article 4 Development and Design Standards
10-4.8 Fences, Walls, and Hedges
10-4.8(B) General Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 196
(2) Residential Districts
(a) Fences and Walls
(i) Fences and walls may be erected to a maximum height of six feet along the rear
property line; except, if the rear property line abuts a nonresidential zoned property,
then such maximum height permitted shall be eight feet.
(ii) The maximum height permitted to be installed along the side property line or
elsewhere within the required side yard between the required street front setback
and the rear property line shall be six feet for fences and walls.
(iii) Fences and walls are prohibited from extending beyond the front line of the house
and no fence or wall shall be allowed within the front setback.
(iv) No fences or wall shall be installed or be permitted to remain in required front street
setback areas of single- and two-family dwellings or public rights-of-way, except
those properties containing two street yards may erect a fence or wall on or near
the property line adjacent to the secondary street. A secondary street shall be
defined as the street front not used as the primary entrance to a residential
dwelling.
(v) Multi-family residential developments may install decorative style fences or walls
within the front street setback up to six feet in height. Decorative style fences or
walls shall not be chain link, PVC, or wood fences.
(vi) Fences or walls are permitted within existing planting strip easements.
(vii) In instances where a double-frontage lot is fenced, walled, or hedged, a gate shall
be installed to allow access to utilities and maintenance of the right-of-way. Gates
are prohibited from being installed in such a way that access is required from
private property.
(viii) A fence wing shall not extend into a canal area that is not on the subject property
without written approval from the entity with jurisdiction for the waterway or
easement. The wing wall may not extend more than three feet into such waterway.
(b) Hedges
(i) All hedges, whether abutting residential, nonresidential, mixed-use, or special
purpose districts, or public rights-of-way shall be maintained at a maximum of ten
feet along the front setback line, side, and rear property lines.
(ii) Palm species planted to create a solid buffer, and maintained according to Section
10-4.4 standards shall be exempt from the height restrictions of this Section. Palms
may not be used as a solid buffer along waterway property.
(iii) No hedge shall be installed or be permitted to remain in required front street
setback areas or public rights-of-way, except those properties containing two
street yards may erect a hedge on or near the property line adjacent to the
secondary street. A secondary street shall be defined as the street front not used as
the primary entrance to a residential dwelling.
(iv) Where a canal maintenance easement exists, an opening must be provided for
maintenance purposes, which shall be a minimum of eight feet in width.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 197
(3) Mixed-Use and Nonresidential Districts
(a) Fences, walls, and hedges may be erected to a maximum height of eight feet along the
rear and side property lines.
(b) Developments may install decorative style fences or walls within the front street
setback up to six feet in height. Decorative style fences or walls shall not be chain link,
PVC, or wood fences.
(c) Along the street property lines, the maximum height permitted for fences, walls, and
hedges shall be six feet and shall be allowed no closer than five feet from such property
lines. When the fence, wall, or hedge is set back at least ten feet from such a property
line, the maximum height may be increased to eight feet.
(4) Special Purpose Districts
(a) Along the street property lines, a fence, wall, or hedge may be erected within five feet of
street property lines providing that the maximum height does not exceed six feet. The
maximum height permitted along the rear and side property lines shall also be six feet
except whenever a Special Purpose district abuts a residentially zoned district, in which
case no fence, wall, or hedge shall exceed six feet in height.
(b) The Director may approve additional fence, wall, or hedge height at their discretion for
fences, walls, and hedges.
(c) In industrial districts, barbed-wire fencing is prohibited.
10-4.9 Exterior Lighting
(A) Purpose
The purpose of this section is to regulate exterior lighting to ensure the safety of motorists and
pedestrians as well as minimize adverse impacts to adjacent properties. More specifically, this
section is intended to:
(1) Ensure exterior lighting does not adversely impact land uses on adjacent lands by minimizing
light trespass, obtrusive light, and glare;
(2) Ensure the safety of motorists by minimizing light spillage and glare onto adjacent streets;
(3) Curtail light pollution and preserve the nighttime environment for the enjoyment of residents
and visitors;
(4) Conserve energy and resources to the greatest extent possible; and
(5) Provide security for people and property.
(B) Applicability
(1) General Applicability
All exterior lighting for any type of residential or nonresidential development shall comply
with the standards of this section, unless exempted in subsection (2) below.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(B) Applicability
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 198
(2) Exemptions
The following are exempted from the exterior lighting standards of this §10-4.9:
(a) Emergency Lighting
Lighting used only under emergency conditions.
(b) Seasonal Lighting
Temporary seasonal lighting between Thanksgiving and January 15, provided such
lighting does not create glare to motorists or result in light trespass onto adjacent
properties.
(c) Lighting Required by FAA or FCC
Lighting required by the Federal Aviation Administration or the Federal Communications
Commission.
(d) Special Events
Special events that have been issued a temporary use permit shall be allowed
temporary lighting for the duration of the event, provided such lighting does not create
glare to motorists or result in light trespass onto adjacent properties.
(e) Underwater Lighting
Underwater lighting used for the illumination of swimming pools and decorative water
fountains shall not be subject to this §10-4.9, though they must conform to all other
provisions of this Code.
(f) Lighting Required by Building Code
Any lighting that is required by the building code for life safety purposes such as stairway
lighting, walkways, and building entrances, shall not be prohibited by this §10-4.9 but
shall be subject to the lighting standards.
(g) Single-and Two-Family Dwellings
Single- and two-family dwellings are exempt from the exterior lighting standards of this
Section except:
(i) §10-4.9(C)(1), Maximum Lighting Height; and
(ii) §10-4.9(C)(3), Hours of Illumination and Lighting Controls.
(3) CPTED Waiver
The Director may waive all or part of the standards in this§10-4.9 if it is demonstrated that the
implementation of the standards results in a conflict with the City's adopted CPTED
guidelines.
(4) Security Plan
Government maintenance facilities, public safety facilities, parks and public spaces, and
other uses where sensitive or dangerous materials are stored may submit to the Director a
site security plan proposing exterior lighting that deviates from the standards in this section.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(C) General Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 199
The Director shall approve, or approve with conditions, the site security plan and its proposed
deviation from the standards of this section, on finding that:
(a) The proposed deviation from the standards is necessary for the adequate protection of
the public;
(b) The condition, location, use of the land, or the history of activity in the area, indicates the
land or any materials stored or used on it are in significantly greater danger of theft or
damage, or members of the public are at greater risk for harm than on surrounding land;
and
(c) The proposed deviation from the standards is the minimum required, and will not have a
significant adverse effect on neighboring lands.
(5) Lighting Plan Required
Applications for approval of Major or Minor Site Plan shall include a lighting plan, including a
photometric plan, that addresses the standards in this section. An outdoor lighting
installation shall not be placed in permanent use until a letter of compliance signed and
sealed by a registered engineer or architect is provided to the City stating that the lights have
been field- tested and meet the standards of this Code.
(C) General Requirements
(1) Maximum Lighting Height
(a) Except for street lights (addressed in §10-4.9(F)) and outdoor recreational facilities
(addressed in §10-4.9(I)), the maximum height of exterior lighting fixtures, whether
mounted on poles, walls, or by other means, shall be:
(i) 17.5 feet in single-family residential (RE and R-1) zoning districts;
(ii) 20 feet in multifamily residential (R-2 and R-3) zoning districts and those parts of
nonresidential district within 200 feet of a residential zoning district; and
(iii) 30 feet in all other parts of nonresidential districts.
(b) Wherever possible, illumination of outdoor seating areas, building entrances, and
walkways shall be accomplished by use of ground-mounted fixtures not more than four
feet in height.
(2) Maximum Illumination Levels
All exterior lighting shall have intensities and a uniformity ratio consistent with the IESNA
Lighting Handbook (Illuminations Engineering Society of North America) and shall be
designed and located so that the illumination measured in foot-candles at finished grade
shall comply with the standards in Table 10-4.10: Minimum and Maximum Illumination Levels.
The illumination shall take into account changes in finished grade, walls, and other existing
or proposed building and site conditions.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(C) General Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 200
Table 10-4.10: Minimum and Maximum Illumination Levels
Zoning District Minimum Illumination in
Vehicular Use Areas1
Maximum Illumination at
Property Line2
Single-Family Residential
(RE and R-1) 0.5 foot-candle 1.0 foot-candle
Multi-Family Residential
(R-2 and R-3) 0.5 foot-candle 2.0 foot-candle
All Other Districts 1.0 foot-candle 3.0 foot-candle
NOTES:
1 Measured at the edge of a vehicular use area, at ground level.
2 Measured at five feet above ground level.
(3) Hours of Illumination and Lighting Controls
(a) General
All exterior lighting not necessary for security or emergency purposes shall be reduced,
activated by motion sensors, or turned off during non-operating hours. For the purposes
of this requirement, lighting "necessary for security or emergency purposes" shall be
construed to mean the minimum amount of exterior lighting necessary to illuminate
possible points of entry or exit into a structure, to illuminate exterior walkways, or to
illuminate outdoor storage areas or parking lots. Such lighting may be activated by
motion sensor devices.
(b) Controls
To minimize the amount of excess lighting at night, the use of the following types of
lighting controls to control the amount and duration of nighttime illumination is
encouraged and for some applications may be required.
(i) Motion Sensors
These mechanisms are the preferred method for controlling nighttime illumination
since they turn on lights only when activated by motion and will remain on during the
activity and for a set period of time (typically up to 30 minutes) following the last
detection of motion. Sensors must be triggered by activity within the owner's
property lines and should be used with incandescent, compact fluorescent, or
halogen lamps.
(ii) Timer/Photocell Combinations
These are also a preferred method for control when used for nighttime control at
primary points of entrance (e.g., front entries) and at commercial and industrial
properties. These activate the light source at dusk and turn it off at a selected time
several hours later, well before dawn.
(iii) Photocells
Use of photocells is appropriate when illumination is required all night for safety,
their use is otherwise discouraged. These controls are activated by sunlight, turning
lights on at dusk and off at dawn and illuminate an area for the entire night.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(C) General Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 201
(iv) Timers
These mechanisms are prohibited when used alone.
(4) Illumination Direction and Shielding
(a) Upwardly-directed lighting used to
illuminate all or part of a structure
or building facade shall use low-
wattage architectural or decorative
lighting so that direct light
emissions are contained by the
structure or facade and are not
visible above the building roof line.
(b) Light fixtures used to illuminate
flags, statutes, or other objects
mounted on a pole, pedestal, or
platform shall use a narrow cone beam of light that does not extend beyond the
illuminated object.
(c) Any light source forming a lineal pattern shall be recessed within the structure in which
it is located.
(d) Any light source or lamp that
emits more than 900 lumens shall
be concealed or shielded with a
full cut-off style fixture with an
angle not exceeding 90 degrees to
minimize glare and unnecessary
light diffusion onto adjacent
properties and streets.
Figure 10- 4.9-1: Upwardly-Directed Lighting
Figure 10- 4.9-2: Full-Cutoff Light Fixture (Section)
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(D) Residential Lighting Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 202
(5) Wall Pack Lights
Wall packs on buildings may be used at
entrances to a building to light unsafe
areas. They are not intended to draw
attention to the building or provide
general building or site lighting. Wall
packs on the exterior of the building shall
be fully shielded with true cut-off type
bulb or light source not visible from off-
site, or similar, to direct the light
vertically downward and have a light
output of 900 lumens or less.
(6) Electrical Service
Electrical service shall be placed underground unless the fixtures are mounted directly on
utility poles.
(D) Residential Lighting Standards
The following lighting standards shall be applicable in all residential districts:
(1) General Standards
(a) Glare
All exterior lighting shall be designed so that the point light source or bulb is not directly
visible from adjoining properties or public rights of way. Placement of a fixture shall
minimize light glare and shall comply with the limits in Table 10-4.10: Minimum and
Maximum Illumination Levels, at the property line.
(b) Flood Lights
Flood lights shall be restricted as follows:
(i) The point light source shall not be visible from adjoining lots or streets.
(ii) Lights shall be focused on the task, fully shielded, down directed, and screened from
adjacent properties in a manner that prevents light trespass.
(iii) Maximum incandescent wattage for a flood is 75 watts per bulb and 150 watts total
per fixture.
(iv) Light level shall not exceed ten foot-candles at grade.
(v) Incandescent flood lights shall be controlled by a motion sensor for uses after 10:00
p.m.
(vi) Compact fluorescent floodlights shall not exceed a maximum 2,400 lumens (32
watts) per fixture and can be controlled by photocell/timer.
Figure 10- 4.9-3: Wall Pack Light (Section)
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(E) Nonresidential and Mixed-Use Lighting Standards
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 203
(2) New Construction
(a) Maximum Wattage
Incandescent light sources including halogen shall not exceed 75 watts per lamp or 150
watts per fixture. Compact fluorescent sources shall not exceed 15 watts per lamp.
Outdoor lighting with high-intensity discharge (HID) light sources in excess of 3,400
lumens shall be prohibited.
(b) Fixtures
Fully shielded, down-directed light sources are required. Point sources or bulbs shall
not be visible from adjoining properties or adjoining public rights of way. Clear, wavy, or
seeded glass shall not be acceptable. Frosted or translucent glass that does not show
the light source is acceptable for retrofit applications.
(E) Nonresidential and Mixed-Use Lighting Standards
The lighting standards below shall be applicable in all nonresidential, mixed-use, and special
purpose districts.
(1) Reduce Glare from Point Sources
Outdoor lighting used to illuminate parking spaces, loading areas, driveways, maneuvering
areas, or buildings shall be designed, arranged, and screened so that the point light source
shall not be visible from adjoining lots or streets.
(2) Entrances and Storefront Windows
Maximum light level range including spillage from inside to outside shall be no more than 15
foot-candles (fc). Maximum light level reading shall be no more than 15 fc, measured at
ground, between two feet from the building façade and either the edge of the curb or eight feet
from the building façade, whichever is closer to the building.
(3) Walkways/Bikeways and Pedestrian Areas
Illumination is encouraged for these areas. If an applicant chooses to illuminate areas the
following standards apply:
(a) The ground area shall be illuminated to a maximum level of five fc, no more than 0.5 fc
average;
(b) The vertical illumination level at a height of five feet above grade shall be no more than
0.5 fc; and
(c) Lighting shall be directed downward, pedestrian-friendly, and fully shielded or with full
cut-off luminaires. Light sources for luminaries mounted 12 feet above grade or lower
shall have a maximum of 3,200 lumens. Light sources for luminaries mounted between
12 and 16 feet shall have a maximum of 5,000 lumens.
(4) Lower Light Levels in Mixed-Use Areas
Mixed-use areas that include residential occupancies shall comply with the residential
lighting standards in §10-4.9(D)on those floors or areas that are more than 50 percent
residential based on square footage of uses.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(F) Street Lighting
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 204
(5) Wattage Specifications
Maximum bulb wattage shall be 75 watts incandescent or 32 watts fluorescent, with a
maximum two bulbs per fixture. HID light sources are limited to 14,000 lumens; 2,800 to 3,200
degree Kelvin lamp is preferred. Standards for HID light sources may be established by the
City for new technology consistent with the above restrictions.
(6) Fixture Types
Fixtures shall be fully shielded or full-cutoffs. In certain applications cut-off fixtures with
louvers or shields may be used for aesthetic purposes.
(7) Security Lighting
Lighting for entrances, stairways, and loading areas shall not exceed five fc and for parking
lots shall not exceed two fc. Other areas of specific security concern may be lit at a level not
to exceed 1.5 fc.
(F) Street Lighting
(1) Required
(a) A street lighting system shall be provided in all subdivisions or as part of the
improvements in any new land development project. Installation of all underground
facilities must be completed before streets are paved.
(b) The first 12 months of estimated maintenance and service charges for the street lighting
system shall be paid by the developer of the project before the issuance of a building
permit. In cases where the estimated completion time of a project exceeds 12 months,
the City Commission may require payment of additional maintenance and service
charges until such time as the Director releases the public improvement bond.
Figure 10- 4.9-4: Example Light Fixtures
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(G) Vehicular Use Area Lighting
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 205
(2) Design and Construction Standards
All street lighting as required by this subsection shall conform to the following standards of
design and construction:
(a) All designs for lighting shall be approved by the City Engineer and the franchised electric
utility, who will follow, as a minimum, the current edition of the IESNA Lighting
Handbook, published by the Illuminating Engineers Society of North America.
(b) Wiring for street lighting shall be underground except in areas where primary
distribution conductors are overhead. Subject to the approval of the City engineer, the
primary poles may be used for streetlights and associated wiring.
(c) All luminaries shall be a minimum of 9,500 lumen lights, mounted on concrete poles.
(3) Enforcement
(a) No building permit shall be issued in any subdivision or new land development project
unless the engineering drawings therefor contain adequate provisions for street
lighting.
(b) No Certificate of Occupancy shall be issued to any structure until the street lighting is
completed and operable or a commitment acceptable to the City engineer has been
provided by the electric utility for that area.
(c) The design standards of this subsection may be waived by the City Commission where a
waiver would not be detrimental to the public health, safety or welfare of the citizens of
the City, subject to agreement or covenant providing for installation and maintenance,
plans to be approved by City engineer.
(G) Vehicular Use Area Lighting
(1) Illumination Levels
Illumination of vehicular use areas, including parking lots and accessways, shall comply with
the limits in Table 10-4.10: Minimum and Maximum Illumination Levels.
(2) Fixture Type
All lighting fixtures serving parking lots shall be full cut-off fixtures, maximum of two
fixtures per pole.
(3) Height
Lighting poles in vehicular use areas shall not exceed 15 feet in height.
(4) Vehicular Use Area Lighting Design Generally
Parking lots and other background spaces shall be illuminated as unobtrusively as possible
while meeting the functional needs of safe circulation and protection of people and property.
Foreground spaces, such as building entrances and outside seating areas, shall utilize local
lighting that defines the space without glare. Up-lighting (including floodlighting) shall not be
utilized to illuminate all or any portion of a building façade; down-lighting is acceptable.
Article 4 Development and Design Standards
10-4.9 Exterior Lighting
10-4.9(H) Prohibited Lights
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 206
(H) Prohibited Lights
This subsection identifies applications of lighting that cause glare, decrease our ability to see in
dark, low-level ambient light environments, produce unattractive lighting environments, or
excessive light pollution. These types of lighting are prohibited.
(1) Roof Lights
Light sources shall not be affixed to the top of a roof, except where required by building code
requirements.
(2) Unshielded Light Sources
Unshielded light sources are prohibited except as listed in residential section.
(3) Building Illumination
Flood illumination of buildings shall be prohibited from the ground, on pole-mounted lights,
or by lights mounted on adjoining structures. Buildings with exceptional symbolic (i.e.
churches or public buildings) or historical significance may request exemptions to this
prohibition.
(4) Nuisance Lights
Lights that flash, move, revolve, blink, flicker, vary in intensity, change color, or use
intermittent electrical pulsation are prohibited unless specifically approved as part of the
lighting code exemption. Winter holiday lights are exempt.
(5) Other Lamps
Mercury vapor and low-pressure sodium lighting shall be prohibited.
(6) Architectural Lighting
Linear lighting such as: fluorescent awnings, rope light, or neon, except neon signs as
permitted in §10-4.10, is prohibited. Façade lighting primarily intended as an architectural
highlight to attract attention or used as means of identification or advertisement shall be
prohibited.
(7) Neon Lights
Existing neon lights are considered a pre-existing, nonconforming use. New uses are
prohibited. These pre-existing, nonconforming lights must be brought into conformance
when a major alteration is made to the exterior lighting or which increases the square
footage of the building.
(I) Outdoor Recreational Facilities
(1) Condition
Conditions placed on the lighting for the recreational facility may include: limited hours of
operation, limits on lighting intensity, specific requirements for fixture design and others.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 207
(2) Light Trespass
Designs should address limiting light trespass to surrounding neighborhoods. Floodlights in
this application should not be aimed above 62 degrees from vertical. In order to minimize light
pollution and light spillage into the neighborhood, the lights should have louvers and external
shields.
(3) Maximum Wattage
Wattage of lamps shall be 250 watts HID or less.
10-4.10 Signs
(A) Purpose
This section sets fort the criteria for the location, installation, configuration, removal, and other
standards for signs within the City. It is the intent of this section to authorize the uses of signs that:
(1) Are compatible with their surroundings, legible in the circumstances in which they are seen,
and appropriate to the activity that displays them;
(2) Are expressive of the identity of individual activities and the community as a whole;
(3) Promote the creation of an attractive visual environment that integrates signs into the
architectural design and promotes an aesthetically pleasing community; and
(4) Foster public safety along public and private streets within the community by assuring that
all signs are in safe and appropriate locations that do not create a nuisance, conflict with
traffic control devices, or unreasonably distract motorists.
(B) Sign Permits
(1) General
A Sign Permit is required pursuant to §10-5.4(L), Sign Permit, before the construction,
erection, installation, posting, relocation, or alteration of any sign unless it is exempt under
10-4.10(B)(2), Exemptions.
(2) Exemptions
A Sign Permit is not required for the following signs, though the signage standards in §10-4.10
do apply to such signs, and all signs within City public easements or rights-of-way and all
traffic regulatory or traffic control signs are subject to Improvement Permits:
(a) Entrance signs installed by the City at or near the city limits, on which may be listed
institutional names and points of interest;
(b) Off-premise signs installed by the City that announce subdivisions and projects
currently under development;
(c) Signs installed by the City that provide for the health, safety, and welfare of the
community;
(d) Signs installed under the direction of federal, State, County, or City agencies, including
community service signs, community directional signs, and directional signs;
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(C) Comprehensive Sign Plan (CSP)
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 208
(e) Window signs;
(f) Yard signs for single-family lots;
(g) Flags of nations, states, counties, municipalities, civic organizations, and corporations;
(h) Nameplate signs, building address signs, general information signs, “open” signs, and
business signs, where such signs do not exceed three square feet in sign area;
(i) Change of copy in permitted changeable copy signs;
(j) Individual tenant panels in permitted multiple tenant monument signs; and
(k) The refurbishing of a sign where copy is not changed, the cost of any repair does not
exceed 50 percent of the original cost of the sign, and no electrical work other than for
normal maintenance is necessary.
(C) Comprehensive Sign Plan (CSP)
(1) A multi-tenant commercial and/or mixed-use developments may submit a Comprehensive
Sign Plan that establishes a coordinated approach to site signage. Comprehensive Sign Plans
shall provide specifications regarding sign:
(a) Type;
(b) Materials;
(c) Illumination;
(d) Colors
(e) Dimensions; and
(f) Location
(2) Developments utilizing a CSP may propose variations from City signage standards that
address sign size and the number of signs allowed. Variations of up to 10 percent from the
general requirement may be approved administratively. Variations above 10 percent must be
approved by the Planning Board.
(D) General Sign Requirements
Only such permanent signs detailed in this section shall be permitted to be erected or maintained
upon any building, lot, or parcel of land. Permits for permanent signs shall be reviewed by
applicable city staff and issued by the building department based upon the signage regulations in
effect, unless exempted from permit requirements.
(1) Signs Permitted in All Zoning Districts Generally
The signs below are allowed generally in all zoning districts, subject to the listed standards.
(a) Signs installed under the direction of federal, state, county, or municipal agencies;
(b) General information signs, each not to exceed three square feet in area; and
(c) One nameplate sign per residence or business, each attached to a front wall or door and
not to exceed three square feet in total area.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 209
(2) Signs Permitted in Residential Districts
The signs below are allowed generally in all residential zoning districts, subject to the listed
standards.
(a) Community Directional Signs
The standards below shall be applied to general information, community directional
signs, and directional signs.
(i) The maximum sign area shall be three square feet;
(ii) The maximum sign height shall not exceed three feet; and
(iii) In no case shall such signs be located in the public rights-of-way.
(b) Entrance Wall or Monument Signs
(i) A maximum of two entrance
wall or monument signs are
permitted per subdivision or
multi-family residential
development for each vehicular
entrance.
(ii) Entrance wall or monument
signs shall be located on the
adjacent sides of the vehicular
entrance unless placed in the
entrance median.
(iii) In no case shall such signs be
located in a public right-of-way.
Figure 10- 4.10-1: Entrance Monument Sign
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 210
(c) Multi-Family Building Identification Signs
Each building shall include an address sign no smaller than six inches in height. A
building identification sign is also permitted at the same height as a building address
sign.
(d) Yard Signs in Residential Districts
Yard signs, except for temporary yard signs, are allowed in residential districts without a
sign permit pursuant to the following:
(i) Shall not exceed more than four signs per property at any one time;
(ii) Shall not exceed four (4) square feet per sign;
(iii) Shall not exceed 24 square feet total yard signage on any property;
(iv) Shall not exceed a height of 42 inches;
(v) Shall not be located in the public right-of-way;
(vi) Shall be located at least five feet from any property line; and
(vii) Shall not be displayed for a period of more than 90 days per calendar year.
(3) Signs Permitted in Nonresidential, Mixed-Use, and Special Purpose Districts
The signs below are allowed generally in all nonresidential, mixed-use, and special purpose
districts, subject to the listed standards.
(a) Automatic Teller Machines (ATM)
(i) ATMs are permitted one sign per machine not to exceed eight square feet in sign
area.
(ii) The ATM sign shall be located adjacent to the machine and shall not exceed nine feet
in height above grade.
(iii) ATM signs shall display only the business name and/or business logo offering or
maintaining the ATM.
(b) Business Hours and Open Signs
(i) One business hours sign and one open sign is permitted per building or bay entrance
on the primary frontage which advertises the hours of business operation and the
availability of the business, respectively.
(ii) Business hours and open signs shall not exceed three square feet in sign area per
sign.
(iii) Business hours and open signs are only permitted on the window or door of the
primary frontage.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 211
(c) Canopy Sign
One canopy sign per store front
located directly adjacent to the main
entrance of the bay, not to exceed
three square feet in area is
permitted. The sign must be
positioned 90 degrees to façade.
(d) Changeable Copy Signs
(i) Theatres, playhouses,
convention centers, educational,
governmental, or religious uses shall be permitted changeable copy signs as part of
the monument sign detailed in this section.
(ii) Theatres and playhouses may also display changeable copy signs in lieu of façade
signs permitted in accordance with §10-4.10(E), Design Criteria.. Changeable copy
signs displayed in lieu of the façade signs shall not be larger in height than the
maximum character and graphic height permitted by the design criteria.
(iii) Changeable copy signs shall provide a minimum distance of 250 feet separation as
measured directly from changeable copy sign to changeable copy sign on the same
property.
(e) Directional Signs
(i) Directional signs may be
permitted where there are two or
more buildings on a property, a
building on the property contains
a drive-through, or a building on
the property is not visible from
the primary frontage of the
development. Such directional
signs shall only display address
signs, building identification
signs, use location, and
corresponding directional
arrows.
(ii) Directional signs shall not exceed
three square feet in sign area and
shall not exceed three feet in height.
(iii) One directional sign is permitted per each vehicular access from the official rights-
of-way plus one directional sign per building on the property.
Figure 10- 4.10-2: Canopy Sign
Figure 10- 4.10-3: Directional Sign
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 212
(f) Directory Signs
(i) One directory sign is permitted where there are three or more buildings in a
complex.
(ii) A directory sign may only identify the complex by name and the location and name of
the building or bay tenants.
(iii) Directory signs may not exceed 12 square feet in sign area.
(iv) The complex name must be in letters not to exceed six inches in height. The building
or tenant name must be in letters not to exceed four inches in height.
(v) Directory signs shall not exceed six feet in height.
(vi) Directory signs shall be placed a minimum of 50 feet from all property lines.
(g) Façade Signs
(i) For single tenant stand-alone buildings, one façade sign per street frontage is
allowed. In no instance shall there be more than one façade sign per façade.
(ii) For multiple tenant buildings with internal access to the individual tenant bays, one
façade sign per street frontage identifying the name of the building, business name
and/or business logo, or primary use of the anchor tenant only, is allowed. There
shall be no more than one façade sign identifying the name of the building, business
name and/or business logo, or primary use of the anchor tenant, per façade.
(iii) For multiple tenant buildings with external access to the individual tenant bays, one
façade sign per tenant bay located on the primary frontage of the tenant bay is
allowed.
(iv) For multi-story buildings, façade signs located above the top of the first floor of a
two-story building shall not exceed the maximum character and graphic heights of
existing façade signs located on the first floor.
(v) No façade sign shall be located higher than the top of the first floor of a multi-story
building excluding two-story buildings with external access to the individual tenant
bays. Façade signs which identify the name the building, or business name and/or
business logo or the primary use of the single tenant or anchor tenant, located
above the top of first floor of a multi-story building shall be placed at the top of the
top floor on the uppermost portion of the building. The Director may grant approval,
on a case-by-case basis, of an alternate location of façade signs which identify the
name of the building, business name and/or business logo, or the primary use of the
single tenant or anchor tenant, located above the top of first floor on a multi-story
building. The Director’s decision may be based on architectural building features
and will be considered through a written request from the property owner or their
authorized agent.
(vi) Outparcel buildings of commercial shopping centers or office complexes are
allowed one façade sign facing the primary right-of-way the outparcel building
directly faces as well as one additional façade sign on one of the remaining façades.
In no case shall an outparcel building be permitted more than two façade signs.
(vii) All façade signs shall comply with §10-4.10(E), Design Criteria.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 213
(viii) Upon the removal of any façade sign, the building façade shall be repaired and
repainted to match existing façade in one uniform color.
(h) Monument Signs
(i) For single-tenant stand-alone buildings, one monument sign per street frontage is
allowed. Monument signs for single-tenant stand-alone buildings shall only display
the name of the business, business logo, numeric address, and/or the primary use
of the occupant.
(ii) For multiple tenant complexes, one monument sign per street frontage is allowed.
Monument signs for multiple tenant complexes shall convey complex center name.
Monument signs for multiple tenant complex centers may:
A. Display the anchor tenant name and/or anchor tenant logo;
B. Incorporate a list of tenants into the sign area identifying the business name
and/or logo; or
C. Display the primary use of the occupants of the multiple tenant complex
center.
(iii) The name of the multiple tenant complex center must occupy a minimum of 25
percent of the allowable copy area and be placed above any tenant listing or sign
copy.
(iv) For outparcel buildings of commercial shopping centers or office buildings, one
monument sign per street frontage is allowed. Monument signs for outparcel
buildings of commercial shopping centers or office buildings shall only display the
name of the business, business logo, numeric address, and/or the primary use of
the occupant.
(v) The standards below shall be applied to monument signs for gasoline stations and
the gasoline station portion of a convenience store including price rate signs.
A. Monument signs for gasoline stations and the gasoline station portion of a
convenience store shall comply with §10-4.10(E), Design Criteria.
B. The monument sign area shall include the business name offering or supplying
the gasoline and shall not exceed six square feet within the sign area permitted
with a maximum character or graphic height of 12 inches.
C. One price rate sign advertising the price of gasoline is permitted on gasoline
monument signs. The price rate sign shall not exceed 16 square feet within the
sign area permitted.
D. The price rate sign may have changeable copy.
E. Price rate signs placed on gasoline pump unit dispensers are permitted and
may include the type of fuel and octane rating; however, such signs may not
exceed three square feet in sign area per pump unit dispenser. Price rate signs
placed on gasoline pump unit dispensers do not require a permit.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(D) General Sign Requirements
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 214
F. The adoption of mandatory regulations regarding gasoline pricing signs by the
federal, state, or local government shall preempt and govern gasoline pricing
signs permitted by this Section.
(vi) All monument signs shall comply with §10-4.10(E), Design Criteria.
(i) Portable Signs
In the mixed-use districts, portable signs are allowed pursuant to the following
standards:
(i) One per tenant with street frontage;
(ii) Eight square feet maximum total sign area;
(iii) Four feet maximum sign height;
(iv) Shall maintain five feet sidewalk clearance;
(v) Shall be located directly in front of tenant space and not off-premises;
(vi) Shall be separated from other portable signs by 15 feet; and
(vii) Signs shall not be affixed to street lights, traffic poles, sign posts, or other site or
landscape features.
(j) Rear Identification and Building Identification Signs
(i) One rear identification sign per rear
bay door, not to exceed three square
feet in area is required. For purposes
of this standard, the rear bay door is
that portion of the building containing
the service or employee entrances.
(ii) Each building shall include an
address sign no smaller than six
inches in height. A building
identification sign at the same height
as the building address sign is also
permitted for properties containing multiple buildings.
(k) Window Signs
(i) Window signs shall not exceed 15
percent of the total window area per
building or bay frontage. The total
window area is defined as the
contiguous window panels separated by
dividers or mullions less than six inches
in width.
(ii) Window signs shall be professionally
drawn, placed, and/or constructed, and
shall include any signs located within two feet of the window.
Figure 10-4.10-5: Window Sign
Figure 10- 4.10-4: Address Sign
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(E) Design Criteria
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 215
(iii) Exposed neon tubing illuminated signs may be displayed on the interior of a window
in accordance with these provisions for window signs.
(iv) Window signs shall meet the standards below.
A. Maximum character or graphic height is eight inches.
B. Logos may not exceed the maximum character or graphic height for windows
signs.
C. Window signs must be kept in a condition that will maintain the original
aesthetic appearance of the structure and may not be placed across window
dividers or mullions, regardless of size.
(l) Yard Signs in Mixed-Use, Nonresidential, and Special Purpose Districts
Yard signs, except for temporary yard signs, are allowed in mixed-use, nonresidential,
and special purpose districts without a sign permit pursuant to the following:
(i) Shall not exceed more than four signs per property at any one time;
(ii) Shall not exceed 24 square feet total yard signage on any property;
(iii) Shall not exceed a height of six feet, or 42 inches if placed within a sight distance
triangle;
(iv) Shall not be located in the public right-of-way; and
(v) Shall not be displayed for a period of more than 90 days per calendar year.
(E) Design Criteria
(1) Monument and Entrance Wall Signs
(a) Standards
The following table shows the sign standards for monument and entrance wall signs:
Table 10-4.11: Monument and Entrance Sign Standards
Zoning District
Maximum Letter and
Graphic Height
(in inches)
Maximum Sign Height
(in feet)
Maximum Sign Area
(in square feet)
Residential 18 6 42
Non-Residential
GFA <64,999 SF 18 6 42
Non-Residential
GFA >65,000 SF 18 8 72
NOTES: GFA- Gross Floor Area of all buildings on property exclusive of outparcel buildings.
SF- Square Feet
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(E) Design Criteria
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 216
(b) Implementation
(i) All monument and entrance wall signs shall be landscaped around the base of the
sign in a manner which conceals the entire base of the sign on all sides but which
does not obscure the message on the sign.
(ii) Non-residential monument signs may only display the legitimate business name, as
listed on a City of Tamarac business tax receipt, incorporation documents or
otherwise registered to the company of the business or use requesting the sign.
(iii) Monument signs shall have a minimum distance of separation of 150 feet as
measured directly from sign-to-sign on the same side of the street for non-
residential properties.
(iv) For corner properties along official rights-of-way, the maximum monument sign
height and area may be increased up to 25 percent if monument signage is limited to
one sign at the corner of the intersection of the official rights-of-way in lieu of one
sign per street frontage.
(v) An address sign shall be prominently displayed on all monument signs with a
minimum height of four inches.
(vi) All monument signs allowed per street frontage must match in design, color,
illumination method, and method of construction.
(2) Façade Signs
(a) Standards
The following table shows the sign standards for façade signs:
Table 10-4.12: Façade Sign Standards
Right-of-way Width
(in feet)
Maximum Character and Graphic Height
(in inches)
0-100 18
101-120 24
121-200 28
Over 200 30
(b) Implementation
(i) All signs shall have an unobstructed sign face border on any background space in
which the sign is located with a minimum border height and width of 25 percent of
the largest character or graphic height.
(ii) Allowance for additional character and graphic height:
A. The maximum character and graphic height may be increased one inch for
each rounded increment of 50 feet the building to receive a façade sign is from
property line of the primary street right-of-way.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(E) Design Criteria
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 217
B. For a building to receive a façade sign in which the building is not equidistant
from the primary right-of-way, the allowance for additional character and
graphic heights shall be determined by the average of the distance between
the portion of the building that is closest to the property line of the street right-
of-way in which the property is addressed and the portion of the building that is
the farthest from the property line of the street right-of-way in which the
property is addressed.
(iii) The wall or space in which the façade sign is located shall be considered in
determining the sign dimensions. Façade sign dimensions may not exceed 70
percent of the width of any wall or space on the building in which the sign is located.
For an individual tenant bay in a multiple tenant building, façade sign dimensions
may not exceed 70 percent of the width between the tenant's demising partitions
which separate adjacent bays.
(iv) Each separate street frontage shall be considered individually for the purpose of
determining maximum character and graphic heights, unless otherwise specified
elsewhere in this Section.
(v) Non-residential façade signs shall only display the business name and/or business
logo, or the primary use of the occupant except for façade signs which identify the
name of the building.
(vi) Non-residential façade signs may only display the legitimate business name, as
listed on a City of Tamarac business tax receipt, incorporation documents, or
otherwise registered to the company of the business or use requesting the sign.
(vii) All façade signs are limited to two lines of copy.
(viii) All façade signs allowed per street frontage shall be designed to be in proportion to
the architectural façade upon which it is placed, shall be no greater in character or
graphic height than the façade sign placed on the primary frontage, and must match
the façade sign placed on the primary frontage in design, color, illumination method,
and method of construction.
(3) Illuminated Signs
(a) Generally
Signs shall not create glare or unduly illuminate the surrounding area.
(b) Externally Illuminated Signs, the Preferred Method of Illumination
(i) The average level of illumination on the vertical surface of the sign shall not exceed
ten fc.
(ii) Point source of light or bulbs shall not be visible to a passerby.
(iii) Lighting fixtures for illuminating signs shall be carefully located, aimed, and
shielded so that light is directed only onto the sign façade. Down directed lighting for
signs is preferred. If ground mounted lighting is used, the light source must be fully
shielded by landscaping or other means.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(F) Construction and Location
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 218
(c) Internally Lit Signs
(i) Illumination sources shall not exceed a total of 9,600 lumens.
(ii) Pan channel-lit signs are preferred versus internally-lit signs. White lettering is not
permitted.
(F) Construction and Location
Any and all signs shall be constructed, erected, placed, repaired, altered, or maintained in
accordance with the standards below.
(1) Every sign and all components of such sign shall be kept in good structural condition and be
in conformance with the applicable building code at the time of permitting, as may be
amended from time to time.
(2) All structural, electrical, and mechanical members utilized in the construction, erection, and
operation of signs shall be concealed except for vertical supports of other supporting
members which are designed and arranged so as to be an integral part of the aesthetic
composition of a sign.
(3) No visible wires or face jumping to signs shall be permitted.
(4) Every sign shall be constructed in accordance with the applicable building code, as may be
amended from time to time.
(5) All wood permitted to be used for signs shall be of a type or condition that is resistant to rot
and deterioration.
(6) The height of a permanent sign shall not extend beyond the building height including
parapets.
(7) All signs shall be setback a minimum of ten feet from all property lines to any portion of the
sign, and no sign shall be permitted to overhang into the minimum sign setback. The Director
may grant a reduction in the minimum sign setback on a case-by-case basis, based on
physical site constraints through a written request from the property owner or their
authorized designee.
(8) Signs shall not obstruct sight distance triangles determined by §10-4.4(D)(6), Sight Distance.
(9) All sign copy four inches or larger on permanent signs shall extrude from the sign face a
minimum of one-half-inch or intrude into the background by routing the copy out of the sign
face background.
(10) No illuminated signs shall face a residential use in such a way as to be a distraction at night to
the persons living in the residential structure.
(11) Once a sign is erected, no additional signs may be attached to or displayed on any sign on a
temporary or permanent basis.
(12) There shall be a minimum of eight feet vertical height clearance from the bottom of any sign
projecting from the underside of a canopy to the surface of a walkway below.
(13) A sign may be internally illuminated, backlit, or ground-lit. For internally illuminated signs,
sign copy shall illuminate and the remainder of the sign must remain permanently opaque,
except for individual tenant panels on a multiple tenant monument sign that conveys the
complex center name.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(G) Maintenance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 219
(14) No logo or trademark shall be displayed that is greater than the maximum character or
graphic height permitted on the sign.
(15) No sign shall create a traffic or fire hazard, be dangerous to the general welfare of the
citizenry, or interfere with the free use of public rights-of-way.
(16) No sign shall display intermittent lights or simulated traffic control signs resembling the
flashing lights which are customarily associated with danger, customarily used by police,
fire, or ambulance vehicles, or for navigational purposes are prohibited.
(17) No advertising sign shall be displayed which uses the word "stop" or "danger.” No advertising
sign shall be displayed which presents or implies the need for stopping or the existence of
danger, or which is a copy or imitation of an official sign. This provision regarding the word
"stop" and "danger" does not apply when the words are part of an attraction title for a motion
picture, theater event, opera or concert event, or when they are used in advertising, so long
as they are not used to simulate, copy, or imply any official traffic warning either for vehicles
or pedestrians.
(18) No sign shall be displayed so as to provide background of colored lights blending with the
traffic signals so as to confuse a motorist.
(19) No sign shall display any statement, word, character, or illustration of any obscene, indecent,
or immoral nature.
(20) Sign location shall not interfere with public alarms, signals, or signs. No sign or support shall
be placed in such position or manner as to obstruct or interfere, either physically or visually,
with any fire alarm, police alarm, traffic signal or sign, or any devices maintained by or under
public authority.
(21) All signs must be placed on the property in which they serve unless unique situations exist
regarding limited access to the property as determined by the Director. In cases where
unique situations exist regarding limited access to the property, the sign owner may request
to locate a sign in an adjacent property or right-of-way, provided that the applicant can meet
the following criteria:
(a) Provide a certified written letter from the property or right-of-way owner to receive the
sign that he/she does not object to the location of the sign in the adjacent property or
right-of-way.
(b) Provide a hold harmless agreement with the property or right-of-way owner to receive
the sign recorded in the Public Records of Broward County.
(c) Provide a written agreement with the City of Tamarac and property owner that when the
property or right-of-way owner to receive the sign requests removal of the sign through
certified letter to the sign owner, the sign owner will remove the sign within ten days of
notice from the property or right-of-way owner and return said property or right-of-way
to a finished condition in accordance with §10-4.4, Landscaping and Tree Preservation.
(G) Maintenance
(1) All components of every sign type, together with its framework and structural supports, shall
be well-maintained and aesthetically pleasing in appearance. Signs must also be in a good
and safe condition, properly secured, supported, and able to withstand wind pressures as
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(H) Temporary Signs
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 220
required by the applicable building code or any other regulatory code or ordinance in effect
within municipal limits.
(2) All letters, lights, and luminous tubes illuminating a sign shall be maintained in good working
condition. All replacement bulbs and lenses shall be of the same wattage and color as the
light it is replacing unless a change is required to meet applicable lighting code
requirements.
(3) When visible components are replaced, the colors of the replacement parts should match the
existing components, taking into consideration fading due to sun and environmental
conditions, otherwise all parts of the sign should be refurbished if this is not possible.
(4) In the event that a wall sign is removed, all anchor holes shall be repaired in such a way that
all anchor holes are no longer visible and the wall must be repainted to match the existing
color of the building within 30 days of the removal of such sign.
(5) The required perimeter landscaping for a monument sign must be maintained by the owner in
a safe and aesthetically pleasing condition at all times. The owner is responsible for
maintaining such required sign landscaping so that the entire sign, exclusive of the base, is
visible at all times.
(6) In the event that a monument or ground sign is removed, the location of the removed
monument or ground sign must be returned to a finished condition in accordance with the
landscaping provisions of this Code.
(H) Temporary Signs
Only such temporary signs, as prescribed herein shall be permitted to be erected or maintained
upon any building, lot, parcel of land, bay, or space.
(1) Temporary Signs, Residential Districts
(a) Up to four temporary signs may be placed either on the owner’s property or offsite for
the purpose of directing the public when the property owner is opening the property to
the public for a residential or nonprofi t activity (e.g. real estate open house, garage/yard
sale, estate sale), subject to the following:
(i) A maximum of one sign may be located on-site;
(ii) A maximum of three signs may be located off-site, with no more than one sign per
turning movement; and
(iii) Signs may be displayed a maximum of 12 times per year.
(b) For new construction, a maximum of one sign per project frontage, not exceeding 20
square feet. erected from the date of final site plan approval up to the issuance of the
final Certificate of Occupancy.
(c) Signs shall not exceed three square feet in area and three feet in height.
(d) Signs shall not be illuminated.
(e) Signs shall not be placed so as to create a traffic hazard, as determined by city staff.
Signs shall not be placed in state right-of-way, traffic medians, public sidewalks, or
bicycle paths.
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(H) Temporary Signs
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 221
(f) Signs may be placed in city right-of-way in residential districts, but shall not be attached
to any trees, fences, utility poles, light posts, street signs, or any other public facility
located within city right-of-way.
(g) Signs shall have sufficient weight and durability to withstand wind gusts, storms, and
other weather elements.
(h) Signs shall not be made of flimsy or unstable materials such as cardboard boxes, poster
board, or paper.
(i) Signs shall not have attachments, including, but not limited to, balloons, ribbons, loud
speakers, etc.
(j) Signs may be placed on privately owned property within residential districts with the
written permission of the property owner.
(2) Temporary Signs: Mixed-Use, Nonresidential, and Special Purpose Districts
Temporary signs are allowed in mixed-use, nonresidential, and special purpose districts
subject to the following limitations:
(a) Temporary signs may be displayed on-site five times per year for a maximum of five
consecutive days each time, or for new construction, one sign per project frontage, from
the date of final site plan approval up to the issuance of the final Certificate of Occupancy.
(b) New businesses shall be permitted to display one temporary sign for a maximum of 30
days. This 30-day period shall not start prior to issuance of a Tenant Occupancy permit
and shall not extend beyond installation of the permanent sign for the business or 30
days after issuance of a Certifi cate of Occupancy, whichever is sooner.
(c) Temporary signs shall not exceed 20 square feet in area.
(d) Temporary signs shall be attached to the building of the business of which they are
advertising or on the fencing enclosing the project site for new projects.
(i) Temporary signs may be freestanding if the overall height does not exceed 8 feet.
(ii) When attached to the building, temporary signs shall not be mounted higher than the
eave line or top of the parapet wall of the building and no portion of the sign shall
extend beyond the ends of the wall to which it is attached.
(iii) Temporary off-premises signs are prohibited except for temporary wayfinding
signs for nonprofit or residential activities which are permitted, subject to the
conditions in §10-4.10(H)(1)Temporary Signs, Residential Districts, for nonprofit or
residential activities occurring adjacent to commercial districts.
(iv) The following signs may be permitted only through a Temporary Sign Permit:
A. Flag-mounted signs;
B. Banners;
C. Pennants;
D. Streamers;
E. Balloons;
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(I) Sign Variances
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 222
F. Infl atable signs;
G. Costumed characters;
H. Sandwich board or A-frame signs.
(I) Sign Variances
Variances to this section shall be reviewed and administered in accordance with §10-5.4(Q),
Variance.
(J) Violations and Penalties
(1) Any persons, residents, business owners, or property owners violating any of the terms,
conditions, regulations, or provisions of this article shall be subject to the enforcement
actions prescribed by this section.
(2) Contractors installing signs without a permit in the City are subject to fines, penalties, or
other legal remedies authorized pursuant to state or local law.
(3) No sign shall be permitted or placed in the City contrary to the provisions of this section.
(K) Enforcement
(1) The Director is hereby designated and authorized to enforce this section and directed to
remove signs which are contrary to the provisions of this section.
(2) Violations of the provisions of this article shall be subject to enforcement by the City using
any duly enacted provisions available. Violation hearings shall be conducted by the special
magistrate in accordance with Chapter 162, Florida Statutes and sections 2-71 through 2-76 of
the Code of Ordinances of the City.
(3) Permitted signs shall be subject to all appropriate inspections, including but not limited to
electrical, structural, and zoning. All signage on the property receiving the permitted sign
shall be in conformance with the provisions of this article to receive consent of inspections.
(4) Prohibited signs placed in the City shall be subject to enforcement and shall be removed by
the City.
(5) Permanent and temporary signs placed in the City without a permit shall be subject to
enforcement. Temporary signs placed within public rights-of-way without a permit shall be
removed by the City.
(6) When determined by the Chief Building Official that a sign causes imminent danger to the
public safety and contact cannot be made with the sign or property owner, the City shall
correct the danger by removing the sign.
(7) Signs removed by the City shall become the property of the City of Tamarac and may be
disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by
the City shall be collected from the owner of the property on which the sign was located
pursuant to any authorized legal process. The cost of sign removal shall include any and all
incidental expense incurred by the City in connection with removal of the sign.
(L) Prohibited Signs
The following are signs which shall not be installed in the municipal boundaries of the City:
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(L) Prohibited Signs
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 223
(1) Animated signs including signs which intermittently illuminate, flash, or change illumination
colors;
(2) Sidewalk, sandwich signs, or A-frame signs, except as allowed as portable signs under §10-
4.10(D)(3)(i);
(3) Snipe signs;
(4) Exposed neon tubes except for window signs described elsewhere in this article;
(5) Roof mounted signs;
(6) Mansard signs, except where there is no other available area to place a sign on the façade of
the existing building, as determined by the Director;
(7) Signs exceeding the height of the façade or parapet wall;
(8) Billboard signs;
(9) Internally illuminated ground or monument signs in the form of box or cabinet signs, except
where the box or cabinet sign consists of illuminated sign copy that extrudes from or intrudes
into the sign face and the remainder of the sign is permanently opaque in accordance with the
construction, location, and design standards of this article;
(10) Façade signs in the form of box or cabinet signs, except where the box or cabinet sign
consists of individual characters or an individual logo;
(11) Vehicle signs with the exception of the following:
(a) Vehicles with vehicle signs may be parked on nonresidential property when parked
within the confines of a building or in a manner so that the vehicle is screened from view
from any public right-of-way;
(b) Vehicles with vehicle signs shall not be parked overnight in a front yard in a residential
zoning district with the exception of vehicles displaying removable magnetic signs or
that are covered. Other vehicles with signage and/or utility trailers shall be in an
enclosed garage or parked in a side yard;
(12) Cantilever or projecting signs in excess of 18 inches from the structure upon which it is
constructed;
(13) Painted signs except window signs;
(14) Mobile billboards;
(15) Inflatable or wind-blown signs, including cold or hot air balloons with advertising;
(16) A sign which covers or interrupts architectural features of building;
(17) Signs, pennants, and banners attached to poles, trees, or other vegetative or landscaping
material, or stuck in the ground in a manner not approved as a ground, monument, or
temporary sign;
(18) Electronic sign displays excluding changeable copy signs permitted elsewhere in this article;
(19) Electronic message centers and electronic time/temperature displays;
(20) Pole or pylon signs except for traffic regulatory and traffic control signs.
(21) Façade signs on parapet walls, unless no other façade is available to erect a façade sign;
Article 4 Development and Design Standards
10-4.10 Signs
10-4.10(M) Nonconforming Signs
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 224
(22) Signs erected on public property other than signs erected by a public authority for a public
purpose;
(23) Human signs;
(24) Skylights, gas flood lights, or search lights;
(25) Exposed bare bulb lighting of any type that is utilized on a building exterior or interior
specifically to attract attention to such building for advertising purposes and not used as an
architectural feature;
(26) Window signs located above the top of the first floor of a multi-story building excluding two-
story buildings with external access to the individual tenant bays; and
(27) Façade signs which are raceway mounted or otherwise attached with supports except where
existing structural conditions warrant this type of attachment as determined by the Chief
Building Official.
(M) Nonconforming Signs
(1) An existing nonconforming sign may be maintained and/or repaired, including the changing
of individual tenant panels in multiple tenant monument signs as allowed by this section, but
shall not be structurally or mechanically extended to further the nonconformity.
(2) Any sign that had been granted a waiver or variance that existed and was maintained on the
effective date of this section or any amendment thereto may continue although the sign does
not conform to all the provisions contained in this section.
(3) A nonconforming sign that is destroyed or damaged to the extent of 50 percent or more of its
replacement value shall not be repaired or rebuilt.
(4) Where a nonconforming sign exists, such sign shall be brought into conformance with this
Code or be removed when the name of the enterprise, business advertised, or the copy on the
sign is changed. This shall be done prior to the issuance of a local business license for any
new business or enterprise.
(N) Dilapidated and Abandoned Signs
(1) Any sign permitted in accordance with the terms, conditions, regulations, and provisions of
this section which is no longer in full compliance with the provisions of this Section or any
sign which has become dilapidated shall be repaired, corrected, returned to full compliance
with the provisions of this section, or removed.
(2) Any sign permitted in accordance with the terms, conditions, regulations, and provisions of
this section which has become abandoned shall be removed.
(3) The owner of any property on which a dilapidated or abandoned sign is located shall be
subject to fines, penalties, or other legal remedies available to the City pursuant to state or
local law enforcement.
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 225
10-4.11 Subdivision Design and Development Standards
(A) Purpose
This section ensures that subdivisions are designed and developed to assure the orderly and
efficient development of the City.
(B) General Standards
(1) Blocks
(a) Length, Width, and Shape
Block length shall not exceed 1,320 feet, nor be less than 500 feet, unless found
unavoidable by the Director. The length, width, and shape of blocks shall be determined
with due regard to:
(i) Provision of building sites adequate for the contemplated use;
(ii) Zoning district requirements;
(iii) Need for convenient and safe access, circulation, and control of pedestrian and
vehicular traffic;
(iv) Limitations and opportunities of topographic features.
(b) Pedestrian Crosswalks
Pedestrian crosswalks not less than ten feet in width shall be required in blocks over
1,000 feet in length to provide safe and convenient access to schools, playgrounds,
shopping centers, transportation, transit stops, or other community facilities.
(2) Lots
(a) General Arrangement and Design
(i) The lot arrangement and design shall be such that all lots will provide satisfactory
and desirable building sites, properly related to topography and to the character of
the surrounding development.
(ii) Lot dimensions and areas shall not be less than specified by applicable provisions of
the City zoning regulations.
(iii) Every lot shall abut upon and have permanent access to a public street.
(iv) Residential lots shall have a street frontage of not less than 20 feet.
(v) Side lot lines shall be substantially at right angles or radial to street lines.
(b) Corner Lots
Corner lots shall be a minimum of five feet wider than the minimum width required by the
City dimensional standards for interior lots.
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(C) Streets and Alleys
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 226
(c) Double- and Reverse-Frontage Lots for Residential Use
Double- and reverse-frontage lots for residential use shall be avoided except where
essential to provide separation of residential development from trafficways or to
overcome specific handicaps of topography and orientation. A non-vehicular access line,
across which there shall be no right of vehicular movement or use, shall be provided
along the property line of lots abutting such trafficway or other disadvantageous
situation.
(C) Streets and Alleys
(1) Conformity to Official Trafficways Plan and Existing Streets
(a) The location, direction, and width of all highways shall conform to the official Broward
County trafficways plan.
(b) Streets in new subdivisions shall make provisions for proper extension of existing
dedicated streets in existing subdivisions, where such extension is appropriate.
(c) Where a residential subdivision or residential property abuts on an existing or proposed
trafficway, the Director may require:
(i) Marginal-access streets;
(ii) Reverse frontage with screen planting contained in a non-access strip along the
rear property line; or
(iii) Deep lots with or without rear service alleys or such other treatment as may be
necessary for adequate protection of residential properties and to minimize conflict
of through and local traffic.
(2) Circulation and Access
(a) The circulation pattern of new development and the design and installation of all streets
and sidewalks shall comply with §10-4.2, Transportation and Connectivity.
(b) Streets in new subdivisions shall be arranged to provide for local circulation, convenient
access to neighborhood facilities, pedestrian and bicycle access, and access to transit
stops.
(c) Residential streets shall not connect with industrial areas, unless no other routing is
possible as determined by the Director.
(d) The vehicular access and circulation for a development shall incorporate the
continuation and connection of public streets and associated rights-of-way that have
been extended or connected to the boundary of the development site from existing or
approved abutting developments.
(e) Minor and collector residential streets shall be laid out and arranged so as to discourage
their use by through traffic. Residential streets shall not connect with industrial areas,
unless unavoidable.
(3) Plats Adjacent to or Containing Rights-of-Way
Where a subdivision borders on or contains a right-of-way for a railroad, expressway,
drainage canal, or waterway, the City Engineer may require a street approximately parallel to
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(C) Streets and Alleys
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 227
and on each side of such right-of-way, at a distance suitable for the appropriate use of the
intervening land. Such distances shall also be determined with due regard for the
requirements of approach grades for future grade separations.
(4) Adjoining Unplatted Areas
The arrangement of streets in new subdivisions shall facilitate and coordinate with the
desirable future platting of adjoining unplatted property of a similar character.
(5) Reserve Strips
Reserve strips controlling access to streets shall be prohibited except where their control is
definitely placed under conditions approved by the City Engineer.
(6) Private Streets
Private streets shall be allowed within the City only at the absolute discretion of the Director
of Public Services or their designee in individual circumstances and subject to the following
terms and conditions in addition to any other terms and conditions deemed necessary by the
Director of Public Services or their designee to protect the health, safety and welfare of the
citizens of the City.
(a) There shall be no waiver from any of the requirements of this Section.
(b) All private streets must be constructed to standards applicable for publicly dedicated
streets within the City as such requirements exist when a permit to construct a private
street is obtained. If a permit lapses, the standards that will apply are those in effect
when the next permit is obtained.
(c) All private streets must be self-contained, that is, they must be interior residential
streets and not through streets or streets connecting directly onto through streets.
(d) There must be a covenant placed upon the public records requiring future owners of
property surrounding the private street to maintain the street for as long as it remains a
private street.
(e) All private streets shall be open to all City vehicles, all emergency vehicles, and all City
personnel at all times. City police shall be authorized to have complete access at all
times to enforce all existing laws, ordinances, and motor vehicle regulations on all
private streets.
(f) All private streets must be completely constructed with the first three-fourths-inch
layer of asphalt surface, and approved by the City Engineer, prior to the issuance of any
building permits for homes to be located thereon. Upon completion of all building on the
street, the last three-fourths-inch or greater layer of asphalt surface shall be
constructed and approved by the City Engineer. It is not intended that this subsection
modify or reduce any applicable municipal construction standards, and any stricter
standards will control in the event of a conflict.
(g) The party developing a private street shall be required to post with the City a cash bond,
irrevocable letter of credit, negotiable certificate of deposit, or surety bond executed by a
company authorized to do business in the state, in the full amount of the cost of the
streets and drainage therefor guaranteeing completion of the work within 18 months of
commencement of construction to City's standards. If the work is not completed within 18
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(C) Streets and Alleys
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 228
months, the City shall be given the right to complete the work. Any extra costs would be
chargeable to the developer. This bond would be in addition to all other bonds required by
City regulations.
(h) Private streets shall only be permitted in RE and R-1 zoning districts or in other
residential districts when building is to be at a density of seven dwelling units per acre or
less.
(i) Prior to approval by the Director of Public Services or their designee, there must be
recorded a covenant relieving the City, County and any other entity of any liability for any
injuries which may occur as a result of the street being a private street. The covenant
shall also hold the City and County harmless for all attorneys' fees incurred.
(j) A private street will be allowed only if all utilities are authorized to go thereon for any
improvements or utility work needed on, near, or about the road and if all utility
easements required by the utilities prior to construction are provided.
(k) Streetlights shall be erected in accordance with City standards, unless alternative
designs are approved by the Director of Public Services. The homeowners within the
area served by private streets shall be responsible for payment of the streetlights,
electricity, and maintenance therefor.
(l) As a prerequisite to acceptance of ownership of a private street at the request of those
obligated to maintain it by the City, the physical condition of that street must meet then-
existing City standards and be so certified by the City Engineer or by an engineer licensed
in the state whose certification is concurred with by the City Engineer and City
Commission.
(7) Half or Partial Streets
(a) New half or partial streets shall not be permitted except where essential to allow the
subdivision of a tract in conformance with this section or where satisfactory assurance
for dedication of the remaining part of the street is provided.
(b) Whenever a tract to be subdivided borders on an existing half or partial street, the other
part of the street shall be dedicated within such tract.
(8) Future Subdivision Right-of-Way
If lots resulting from original subdivision are large enough to permit or require resubdivision,
or if a portion of the tract is not subdivided, adequate street right-of-way to permit future
subdivision shall be provided as necessary.
(9) Dead-End Streets
Dead-end streets shall be prohibited except where appropriate as stubs to permit future
street extension into adjoining unsubdivided tracts or when designed as cul-de-sacs.
(10) Minimum Widths of Rights-of-Way
Unless otherwise indicated or required by the trafficways plan or specifically excepted by the
Director of Public Services or their designee, street rights-of-way shall not be less than the
following widths:
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(C) Streets and Alleys
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 229
Table 10-4.13: Minimum Rights-of-Way Widths
Street Type Minimum Right-of-Way
(in feet)
To be determined by City
engineer 106 or greater
Principal Collector 80
Principal Collector 60
Secondary Collector 60
Local Service 50
Limited Service* 30
Cul-De-Sac
(Commercial) 120 (diameter)
Cul-De-Sac
(Residential) 100 (diameter)
(a) *A limited service street:
(i) Serves 25 dwelling units or less.
(ii) Connects to another street besides a limited service street at each end.
(iii) Shall be properly signed to prohibit parking within the right-of-way.
(iv) Will only be allowed where required by court order.
(11) Excessive Street Width
No street shall be platted to a width of more than 200 percent of the minimum width specified
in this chapter for the type of street involved. No street shall be platted for center island
development, except where such center islands may be desirable or necessary for traffic
separation and safety, as determined by the Director of Public Services or their designee.
(12) Alleys
Alleys should be provided to serve multiple dwelling, business, commercial, and industrial
areas. The Director of Public Services or their designee may waive this requirement where
other definite and assured provision is made for service access, off-street loading,
unloading, and parking, consistent with and adequate for the uses permissible on the
property involved. Alleys shall be provided per the standards detailed below.
(a) The width of an alley shall be at least 20 feet.
(b) Changes in alignment or intersections of alleys shall be made on a centerline radius of
not less than 35 feet.
(c) Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided
with adequate turnaround facilities for service trucks at the dead end, with a minimum
external diameter of 94 feet, or as determined to be adequate by the City Engineer.
(d) Block corners adjacent to alleys shall have a minimum radius of 15 feet in residential
areas and 25 feet in business, commercial, and industrial areas.
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(C) Streets and Alleys
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 230
(13) Easements
(a) Easements across lots or centered on rear or side lot lines shall be provided for public
utilities where necessary and shall be at least 12 feet in total width.
(b) Where a subdivision is traversed by a watercourse, drainage way, canal, or stream, there
shall be provided a drainage easement or right-of-way, conforming substantially with
the lines of such watercourses. Parallel streets or maintenance easements may be
required where necessary for service or maintenance.
(c) Easements may be required for drainage purposes, of such size and location as may be
determined by the City Engineer, or by a drainage district if the plat lies within its
jurisdiction. Such easements shall be required if necessary to tie into the City drainage
plan or any drainage district plan as certified to by the City Engineer or the drainage
district engineer.
(14) Curvilinear Streets
(a) Curvilinear streets are recommended for residential minor and collector streets, in
order to discourage excessive vehicular speeds and to provide attractive vistas.
(b) Whenever a street changes direction, or connecting street lines deflect from each other
by more than ten degrees, there may be a horizontal curve.
(c) To ensure adequate right distance, should curvilinear streets be designed, minimum
centerline radii for horizontal curves shall be as follows:
Table 10-4.14: Minimum Centerline Radii for Horizontal Curves
Right-of-Way Width
(in feet) Design Purpose Minimum Radius of Curve
(in feet)
106 of greater To be determined by City
engineer 750
80 Principal Collector 500
60 Principal Collector 300
60 Secondary Collector 150
50 Local Service 100
30 Limited Service* 55
120 (diameter) Cul-De-Sac
(Commercial) ------
100 (diameter) Cul-De-Sac
(Residential) ------
(i) *A limited service street:
A. Serves 25 dwelling units or less.
B. Connects to another street besides a limited service street at each end.
C. Shall be properly signed to prohibit parking within the right-of-way.
D. Will only be allowed where required by court order.
(d) A tangent of at least 100 feet shall be inserted between horizontal curves in opposite
directions on collector streets. On secondary thoroughfares this tangent shall be 150
Article 4 Development and Design Standards
10-4.11 Subdivision Design and Development Standards
10-4.11(D) Waterways
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 231
feet. Such tangent distances on major thoroughfares will be evaluated considering the
overall plat layout, intersections, etc.
(15) Intersections
(a) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall
intersect another at an angle of less than 60 degrees, except as a Y intersection of two
minor streets.
(b) Multiple intersections involving the junction of more than two streets shall be prohibited,
except where found to be unavoidable by the City Engineer.
(c) As far as possible, intersections with trafficways other than secondary thoroughfares
shall be located not less than 660 feet apart, measured from centerline to centerline,
unless otherwise approved by the City Engineer.
(d) Street intersections shall be a minimum of 125 feet apart, except where both centerlines
are continuous through the intersection.
(e) Property line corners at intersections shall have minimum radii of 25 feet. Where the
angle of intersection is less than 60 degrees, a greater radius may be required by the City
Engineer.
(D) Waterways
(1) Canals and Water Areas
(a) Right-of-Way
(i) Future canals are to be dedicated to the public and shall have a minimum right-of-
way width of 80 feet.
(ii) Lakes shall be dedicated to the public and shall be a minimum of 150 feet in width.
(b) Maintenance Easements
A maintenance easement 20 feet in width shall be provided adjacent to the entire
boundary of a lake or canal.
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 232
ARTICLE 5. ADMINISTRATION
10-5.1 Purpose and Organization
This Article describes the procedures for review of all applications for land use and development
activity in Tamarac.
(A) §10-5.2, Summary Table of Development Review Procedures, lists the land use and
development procedures in this Code.
(B) §10-5.3, Common Review Procedures, describes standard procedures that generally apply to
most types of development applications.
(C) §10-5.4, Application-Specific Review Procedures, supplements the common review
procedures with additions and variations specific to each type of development application,
such as review standards and special submittal or voting requirements.
(D) §10-5.5, Enforcement, identifies what constitutes a violation of this Code and sets forth
procedures for enforcement, including remedies and penalties.
(E) §10-5.6, Review Authorities, describes the powers and duties, composition, and rules for
each of the City boards or other entities that have advisory and/or decision-making roles and
responsibilities under this Code.
10-5.2 Summary Table of Development Review Procedures
The following table lists the types of development applications authorized by this Code. For each
type of application, the table indicates whether a pre-application staff conference or
neighborhood meeting is required, what role City review authorities play in its review, when a
public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved.
Article 5 Administration
10-5.2 Summary Table of Development Review Procedures
10-4.11(D) Waterways
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 233
Table 10-5.1: Summary of Development Review Procedures
C = Review and Comment R = Review and Recommend D = Review and Decide
[ ] = Standard Public Hearing < > = Quasi-Judicial Public Hearing
Application Type Pre-Application Staff Conference Pre-Application Neighborhood Meeting Review Authorities Development Review Committee Director Planning Board City Commission Amendments
Comprehensive Plan Amendment -
§10-5.4(B)
General Required R [R] [D]
Site-Specific Required Required R <R> <D>
Establishment of Use - §10-5.4(C) Required R [R] [D]
Amendment to Text of Development Code - §10-5.4(D) Required R [R] [D]
Planned Development Plan/Agreement - §10-5.4(E) Required Required R [R] [D]
Rezoning - §10-5.4(F) General Required R [R] [D]
Site -Specific Required Required R <R> <D>
Permits and Development Approvals
Special Exception - §10-5.4(G) R <D>
Site Plan Approval - §10-5.4(H) Major Required Required C R [D]
Minor Optional D
Improvement Permit - §10-5.4(I) Optional D
Plat - §10-5.4(J) Required C R <R> <D>
Temporary Use/Structure Permit - §10-5.4(K) Optional D
Sign Permit - §10-5.4(L) Optional D
Tree Removal License - §10-5.4(M) See Broward County Tree Preservation and Abuse Ordinance
Building Permit - §10-5.4(N) Optional D
Certificate of Occupancy - § 10-5.4(O) Optional D
Vacation of Easement Optional C <D>
Relief Procedures
Administrative Adjustment - §10-5.4(P) Required D
Variance -§10-5.4(Q) Required R <D>
Administrative Appeal - §10-5.4(R) N/A <D>
Other Procedures
Flex and Redevelopment Units and Acreage - §10-5.4(S) Required C R [R] [D]
Newsrack Certificate of Compliance - §10-5.4(T) Optional D
Zoning in Progress Determination - §10-5.4(U) Optional R D
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(A) Purpose
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 234
10-5.3 Common Review Procedures
(A) Purpose
This section describes the common procedural steps and other rules that generally apply to
development applications reviewed under this Code, unless otherwise expressly exempted or
alternative procedures are specified in §10-5.4, Application-Specific Review Procedures.
(B) Pre-Application Staff Conference
(1) Purpose
The purpose of a pre-application conference is to provide an opportunity for an applicant and
City staff to review applicable submittal requirements, procedures, and schedules; discuss
the scope, features, and potential impacts of the proposed development as they relate to the
standards in this Code; and identify primary contacts for the applicant and City staff.
(2) When Required
A pre-application conference between the applicant and City staff is mandatory for certain
particular application types as shown in Table 10-5.1: Summary of Development Review
Procedures. A pre-application conference is optional for all other application types as shown
in Table 10-5.1: Summary of Development Review Procedures.
(3) Procedure
If a pre-application conference is held, whether it is mandatory or optional, it shall be
scheduled and conducted in accordance with the following procedural provisions.
(a) Request
An applicant shall submit a request for a pre-application conference to the Director.
(b) Scheduling
On receiving a request for a pre-application conference, the Director shall schedule the
pre-application conference with appropriate City staff members and notify the applicant
of the time and place of the conference.
(c) Required Information Submitted Prior to Conference
For those types of development required to hold a pre-application conference per Table
10-5.1: Summary of Development Review Procedures, the following information shall be
submitted prior to the conference:
(i) Amendments
At least two business days before a scheduled pre-application conference for an
Amendment to Text of Development Code or Rezoning application, the applicant
shall submit to the Director a written description of the nature and purpose of the
amendment or rezoning and its consistency with the Comprehensive Plan.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(C) Pre-Application Neighborhood Meeting
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 235
(ii) Permits and Development Approvals, Relief Procedures, and Other Procedures
At least two business days before a scheduled pre-application conference for any
other development application, the applicant shall submit to the Director conceptual
plan drawings showing and describing the location, general layout, and main
elements of the proposed development.
(d) Conference Determinations
City staff attending the pre-application conference shall verbally identify concerns,
problems, or other factors the applicant should consider about the application and the
scope, features, and potential impacts of the proposed development as they relate to
compliance with this Code, including the need for other approvals and the opportunity or
need for approval of deviations from Code standards through an Administrative
Adjustment or Variance.
(4) Effect
The pre-application conference is intended as a means of facilitating the review process.
Discussions held in accordance with this Section are not binding on the City or the applicant.
Processing times for review of development applications do not begin until a formal
application is submitted and accepted for review.
(C) Pre-Application Neighborhood Meeting
(1) Purpose
The purpose of the neighborhood meeting is to educate owners and occupants of nearby
lands about an application that is being reviewed under this Code and to provide the applicant
an opportunity to hear comments and concerns about the development proposal and resolve
conflicts and outstanding issues where possible.
(2) Applicability
A neighborhood meeting is required for a particular application type as shown in Table 10-5.1:
Summary of Development Review Procedures. A neighborhood meeting is optional for all
other application types.
(3) Procedure
If a neighborhood meeting is held by the applicant, whether it is mandatory or voluntary, it
shall comply with the following procedures:
(a) Time and Place
(i) The meeting shall be held after 5:00 P.M. on a weekday, on a date after the pre-
application staff conference, and at least 21 days before the public hearing for the
application.
(ii) The meeting shall be held at a place within the City that is convenient and accessible
to neighbors residing in close proximity to the land subject to the application in a
facility that can support all interested parties.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(C) Pre-Application Neighborhood Meeting
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 236
(b) Notification
(i) Mailed Notice
A. The applicant shall mail notice of the meeting a minimum of ten days in advance
of the meeting to City staff, the owner of land subject to the application (if
different from the applicant), and any organization or person who has
registered to receive notice of development application public hearings, and
the owners of real property within:
1. 400 feet of the land subject to the application, for applications for a
General Zoning District Map Amendment, Site-Specific Zoning District
Map Amendment, Comprehensive Plan Amendment, Planned
Development, or Special Use Permit; or
2. 150 feet of the land subject to the application, for all other applications.
B. Where neighboring lands are part of a townhouse, condominium, or timeshare
development, the notice may be mailed to the president or manager of the
development’s property owners’ association instead of individual unit owners.
(ii) Posted Notice
The applicant shall post notice of the neighborhood meeting on the land subject to an
application for a development permit, and in the clubhouse or offices of the adjacent
homeowners association(s) as applicable, at least ten days before the date fixed for
the meeting, in a form established by City staff.
(iii) Notice Content
The notice shall state the time and place of the meeting, the general nature of the
development proposal, and that the meeting is being hosted by the applicant.
(c) Conduct of Meeting
At the meeting, the applicant shall explain the development proposal and application,
inform attendees about the application review process, respond to questions and
concerns, and propose ways to resolve conflicts and concerns.
(d) Staff Attendance
At the applicant’s expense, City staff, at their own discretion, may attend the meeting for
the purpose of advising attendees about applicable provisions of this Code and the
Comprehensive Plan, but shall not serve as facilitators or become involved in
discussions about the development proposal.
(e) Written Summary of Neighborhood Meeting
The applicant shall submit a written summary of the meeting to City staff at least 21 days
before the application is reviewed by an advisory board or a decision-making board (if no
advisory board review is involved). The summary shall include a list of meeting
attendees, a summary of attendee comments, discussed issues related to the
development proposal, note of the opportunity to submit a written response to the
summary, and any other information the applicant deems appropriate. The meeting
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(D) Application Submittal, Acceptance, Revisions, and Withdrawal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 237
summary shall be included with the application materials and be made available to the
public for inspection.
(D) Application Submittal, Acceptance, Revisions, and Withdrawal
(1) Authority to Submit Applications
(a) Unless expressly stated otherwise in this Code, applications reviewed under this Code
shall be submitted by:
(i) The owner, contract purchaser, or any other person having a recognized property
interest in the land on which an application is proposed; or
(ii) A person authorized to submit the application on behalf of the owner, contract
purchaser, or other person having a recognized property interest in the land, as
evidenced by a notarized letter or document signed by the owner, contract
purchaser, or other person.
(b) If there are multiple owners, contract purchasers, or other persons authorized to submit
the application, all such persons shall sign the application or provide a letter or
document consenting to the application in accordance with subsection (a)(ii) above.
(2) Application Content
Applications shall be submitted to the Director on forms for the particular application type.
Such requirements shall be established by the Director as necessary to ensure effective and
efficient review, and shall be placed in the Administrative Manual. The applicant bears the
burden of ensuring that an application contains sufficient information to demonstrate
compliance with all applicable standards.
(3) Application Fees
(a) Applications shall be accompanied by payment of the application fee required for the
particular application type at the time of submission. The amount of application fees shall
be established by resolution of the City Commission as sufficient to cover all costs
typically associated with review of the type of application—including, but not be limited
to, the costs of providing thorough professional review of the application and the costs of
providing required public notice.
(b) Where initial application fees are based on the estimated costs of review of the
application by an outside consultant (e.g., review of an application’s traffic impacts by a
traffic consultant), and the Director determines that additional funds are needed to
complete the consultant’s review, the Director may impose additional application fees to
recover the City’s actual costs in completing review.
(4) Submittal and Review Schedule
The Director shall establish a submittal and review schedule for the development
applications included in the Administrative Manual. The Director may amend and update the
schedule as necessary.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(D) Application Submittal, Acceptance, Revisions, and Withdrawal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 238
(5) Determination of Application Completeness
(a) Completeness Review
On receiving a development application, the Director shall determine whether the
application is complete. A complete application is one that:
(i) Contains all information and materials required by the Administrative Manual and
this Code for submittal of the particular development application, and in sufficient
detail and readability to evaluate the application for compliance with applicable
review standards of this Code;
(ii) Is in the form required by the Administrative Manual for submittal of the particular
development application; and
(iii) Is accompanied by the fee established for the particular development application.
(b) Application Incomplete
(i) On determining that the development application is incomplete, the Director shall
notify the applicant of the submittal deficiencies. The applicant may correct the
deficiencies and resubmit the application for a completeness determination until
the Director determines the application is complete.
(ii) If the applicant fails to resubmit an application within 45 calendar days after being
notified of submittal deficiencies, the application submittal shall be considered
abandoned and any processing fees that have not been expended may be refunded.
(iii) No development application shall be accepted for review until it is determined to be
complete.
(c) Application Complete
On determining that the application is complete, the Director shall accept the application
for review in accordance with the procedures and standards of this Code.
(6) Application Revisions
(a) Revisions to Correct Compliance Deficiencies
An applicant may revise a development application after receiving notice of compliance
deficiencies following staff review (see §10-5.3(E)(2)).
(i) Minor Revisions
The review process shall continue so long as the revisions directly respond to
specific staff comments and constitute, at the discretion of the Director, only minor
additions, deletions, or corrections and do not include significant substantive
changes to the development proposed in the application.
(ii) Major Revisions
If the Director determines that revisions to correct compliance deficiencies do not
constitute minor revisions as described above, the revised application shall be
submitted to the Director and reviewed as if it were a new application. The revised
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(E) Staff Review and Action
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 239
application submittal may be subject to additional fees required by the
Administrative Manual.
(b) Other Revisions
An applicant may revise a development application at any time upon requesting and
receiving permission from an advisory or decision-making body after that body has
reviewed, but not yet taken action on, the application. If the revisions are determined by
the Director to be major, the revised application submittal shall be reviewed as if it were
a new application and may be subject to additional fees required by the Administrative
Manual.
(c) Change in Applicant
Any change in applicant or person authorized to submit the application shall provide
written notification in the form of a notarized letter or document signed by the owner,
contract purchaser, or other person to the City before the application may advance to the
next stage in the process.
(7) Application Withdrawal
(a) After an application has been accepted for review, the applicant may withdraw the
application at any time by submitting a written letter of withdrawal to the City Engineer.
(b) If an application is withdrawn after required notice of any public hearing scheduled for
the application, the application shall be subject to limitations on the subsequent
submittal of similar applications (See §10-5.3(J)(5), Limitation on Subsequent Similar
Applications).
(c) Application fees shall not be refunded for withdrawn applications.
(E) Staff Review and Action
(1) Referral of Application to Development Review Committee, Staff, and Review Agencies
If a development application is subject to review and comment by the Development Review
Committee (see Table 10-5.1: Summary of Development Review Procedures), the Director
shall refer the application to the Committee for review.
(a) In all other cases, the Director shall refer the application to the appropriate Development
Review Committee members and other agencies deemed appropriate for review of the
application.
(2) Staff Review and Opportunity for Application Revision
(a) Prior to preparing a staff memorandum or making a decision on a development
application, the Director shall review the application, relevant support material, and any
comments from the Development Review Committee and other agencies to which the
application was referred.
(b) If deficiencies in complying with the applicable requirements are identified, the Director
shall notify the applicant of such deficiencies and provide the applicant a reasonable
opportunity to discuss the deficiencies and revise the application to address them. The
Director may also offer the applicant recommendations regarding possible
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(E) Staff Review and Action
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 240
improvements to the proposed development that are not required by this Code, provided
the notice distinguishes such recommendations from any identified compliance
deficiencies.
(c) The applicant shall respond to the notice by either requesting that the application be
processed as submitted or submitting a revised application identifying changes after
being notified of compliance deficiencies. If the applicant fails to so respond to the notice
within this time period granted by the Director, the application shall be considered
withdrawn.
(d) If the applicant submits a revised application, the Director shall refer the application to
the appropriate City staff members and review agencies for review and shall review any
such comments received. At the discretion of the Director, the applicant may be provided
the opportunity to revise the application further to address remaining compliance
deficiencies.
(3) Applications Subject to Staff Recommendation
(a) Staff Memorandum
If a development application is subject to staff review and a staff recommendation to the
Planning Board or City Commission (see Table 10-5.1: Summary of Development Review
Procedures), the Director shall prepare a written staff memorandum. The staff
memorandum shall conclude whether the application complies with all applicable
standards of this Code and recommend one of the decisions authorized for the particular
type of application, based on the review standards applicable to the application type, as
set forth in §10-5.4, Application-Specific Review Procedures. The staff memorandum
may identify and recommend conditions of approval addressing how compliance
deficiencies might be corrected and adverse effects of the development proposal might
be mitigated.
(b) Distribution and Availability of Application and Staff Memorandum
Within a reasonable time period before the meeting at which a development application
is scheduled for review by an advisory or decision-making body, the Director shall:
(i) Schedule and verify any required public notice of the meeting in accordance with
§10-5.3(F), Scheduling and Notice of Public Hearings.
(ii) Transmit the development application, related materials, and the staff
memorandum to the appropriate advisory or decision-making body;
(iii) Transmit a copy of the staff memorandum to the applicant; and
(iv) Make the application, related materials, and the staff memorandum available for
examination by the public during normal business hours, and make copies of such
materials available at a reasonable cost.
(4) Applications Subject to Staff Decision
(a) Decision
If a development application is subject to staff review and a final decision by the Director
(see Table 10-5.1: Summary of Development Review Procedures), the Director shall
make a decision authorized for the particular type of application based on the review
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(F) Scheduling and Notice of Public Hearings
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 241
standards applicable to the application type, as set forth in §10-5.4, Application-Specific
Review Procedures. The decision shall be in writing and shall clearly state reasoning for
a denial or for conditions of approval.
(b) Conditions of Approval
Any conditions of approval shall be expressly set forth in the approval, shall be limited to
conditions deemed necessary to ensure compliance with the requirements and
particular standards of this Code, and shall relate in both type and scope to the
anticipated impacts of the proposed development.
(F) Scheduling and Notice of Public Hearings
(1) Scheduling
(a) If a development application is subject to a public hearing (see Table 10-5.1: Summary of
Development Review Procedures), the Director shall ensure that the public hearing is
scheduled for either a regular meeting of the body conducting the hearing or a meeting
specially called for that purpose by such body.
(b) The public hearing shall be scheduled for a meeting that allows sufficient time for
preparation of a staff memorandum and provision of the required public notice.
(2) General Notice Requirements
The Director shall provide notice of the public hearing on a development application in
accordance with the requirements shown in Table 10-5.2: General Notice Requirements, for
the type of application and the type of notice. The table depicts only those development
applications for which a public hearing is required.
Table 10-5.2: General Notice Requirements
Application Type Notice Timing Requirement
Published Notices Mailed Notices Posted Notices
Comprehensive Plan
Amendment: Small-
Scale Development
Notice of City Commission public
hearing at least 5 days before
hearing date
Comprehensive Plan
Amendment: Other
than Small-Scale
Development
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
Establishment of Use
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(F) Scheduling and Notice of Public Hearings
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 242
Table 10-5.2: General Notice Requirements
Application Type Notice Timing Requirement
Published Notices Mailed Notices Posted Notices
Amendment to Text of
Development Code to
revise text other than
the use tables in Article
3: Use Regulations
Notice of City Commission public
hearing at least 10 days before
hearing date
Amendment to Text of
Development Code to
revise use tables in
Article 3: Use
Regulations
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
Planned Development
Plan/Agreement
• Notice of Planning Board public
hearing at least 15 days before
hearing date
• Notice of City Commission
public hearing at least 15 days
before hearing date
• The Director shall mail notice of the
Planning Board public hearing at
least 10 days before the hearing
date to owners of property subject
to the proposed PD rezoning
• The Director shall mail notice of the
City Commission public hearing at
least 30 days before the hearing
date to owners of property subject
to the proposed PD rezoning
• The Director shall post notice
of the Planning Board public
hearing on the site at least 15
days before the hearing date
• The Director shall post notice
of the City Commission public
hearing on the site at least 15
days before the hearing date
City-initiated General
or Site-Specific
Rezoning to reclassify
10 or more contiguous
acres
• Notice of Planning Board public
hearing at least 15 days before
hearing date
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
• Mail notice of Planning Board
public hearing at least 10 days
before hearing date to owners of
property subject to the proposed
rezoning
• Mail notice of City Commission
public hearing at least 10 days
before hearing date to owners of
property subject to the proposed
rezoning
• Post notice of Planning Board
public hearing on site at least
15 days before hearing date
• Post notice of first City
Commission public hearing
on site at least 15 calendar
days before hearing date
City-initiated General
or Site-Specific
Rezoning to reclassify
parcel(s) involving less
than 10 contiguous
acres
• Notice of Planning Board public
hearing at least 15 days before
hearing date
• Notice of City Commission
public hearing at least 15 days
before hearing date
• The Director shall mail notice of the
Planning Board public hearing at
least 10 days before the hearing
date to owners of property subject
to the proposed rezoning
• The Director shall mail notice of the
City Commission public hearing at
least 30 days before the hearing
date to owners of property subject
to the proposed rezoning
• The Director shall post notice
of the Planning Board public
hearing on the site at least 15
days before the hearing date
• The Director shall post notice
of the City Commission public
hearing on the site at least 15
days before the hearing date
General or Site-
Specific Rezoning
initiated by any person
other than the City
• Notice of Planning Board public
hearing at least 15 days before
hearing date
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
The applicant shall mail notice of the
Planning Board and City Commission
public hearings at least 15 days before
the hearing dates to the owners of the
application site and all properties
within 400 feet of the application site
• The applicant shall post
notice of the Planning Board
public hearing on the site at
least 15 days before the
hearing date
• The applicant shall post
notice of the City Commission
public hearing on the site at
least 15 days before the
hearing date
Special Exception
Notice of Planning Board public
hearing at least 15 days before
hearing date
The applicant shall mail notice of the
Planning Board public hearing at
least 15 days before the hearing date
to the owners of the application site
and all properties within 400 feet of
the application site
The applicant shall post notice of
the Planning Board public
hearing on the site at least 15
days before the hearing date
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(F) Scheduling and Notice of Public Hearings
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 243
Table 10-5.2: General Notice Requirements
Application Type Notice Timing Requirement
Published Notices Mailed Notices Posted Notices
Site Plan Approval,
Major
Notice of Planning Board public
hearing at least 15 days before
hearing date
The applicant shall mail notice of the
Planning Board public hearing at
least 15 days before the hearing date
to the owners of the application site
and all properties within 400 feet of
the application site
The applicant shall post notice of
the Planning Board public
hearing on the site at least 15
days before the hearing date
Plat Approval
• Notice of Planning Board public
hearing at least 7 days before
hearing date
• Notice of City Commission
public hearing at least 5 days
before hearing date
Vacation of Public
Easement
• Notice of City Commission
public hearing at least 15 days
before hearing date
Variance or
Appeal
Notice of Planning Board public
hearing at least 15 days before the
hearing date
For applications for a variance or an
appeal that pertains to a particular
site, the applicant shall mail notice of
the Planning Board public hearing on
the site at least 15 days before the
hearing date to the owners of the
application site and all properties
within 400 feet of the application site
For applications for a variance
or an appeal that pertains to a
particular site, the applicant
shall post notice of the Planning
Board public hearing on the site
at least 15 days before the
hearing date
Flex and
Redevelopment Units
• Notice of first City Commission
public hearing at least 7 days
before hearing date
• Notice of second City
Commission public hearing at
least 5 days before hearing date
(3) Notice Format and Content
(a) Published and Mailed Notices
(i) The Director shall determine the format and content of notices to be published and
mailed.
(ii) Required published and mail notices shall, at a minimum:
A. Identify the application type;
B. Describe the nature and scope of the proposed development or action;
C. Identify the location of land subject to the application;
D. Identify the date, time, and location of the hearing being noticed;
E. Identify where and when the application may be inspected by the public;
F. Advise that interested parties may appear at the hearing; and
G. Comply with any other notice content requirements established by State law.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(F) Scheduling and Notice of Public Hearings
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 244
(iii) Published notices shall be published in a newspaper having general circulation in
the city, and shall comply with the size and format requirements in F.S. §166.041.
(iv) Mailed notices shall be mailed via first class mail to those persons identified in Table
10-5.2:: General Notice Requirements as the required recipients for the particular
type of application, including apartment units. Unless evidence to the contrary
exists, property owner names and addresses used shall be those shown on the
current records of the Broward County tax appraiser. Distances defining the
properties whose owners must be mailed a notice shall be measured from the
boundary of the lot or parcel that is the subject of the application.
(b) Posted Notices
(i) The Director shall determine the size, format, and content of notices to be posted.
Such notices shall be posted on along each of the application site’s right-of-way
frontages, in a location clearly visible to traffic along the right-of-way. The person
required to post the notice shall ensure that the notice is maintained in place until
after a final City decision on the subject application is rendered, and shall remove
the posted notice within 14 days after the final City decision on the application.
(ii) Required posted notices shall, at a minimum:
A. Identify the application type;
B. Identify the date, time, and location of the meeting being noticed;
C. Identify a telephone number from which more information may be obtained;
and
D. Comply with any other notice content requirements established by State law.
(c) Additional Content for Quasi-Judicial Hearing Notices
If the hearing is a quasi-judicial hearing (see Table 10-5.1: Summary of Development
Review Procedures), the published and mailed notice shall also state that all affected
persons are allowed to present evidence at the hearing, bring forth witnesses, and cross
examine witnesses—provided they comply with the requirements in §10-5.3(I)(2)(a),
Notice of Intent to Testify or Present Evidence.
(d) Affidavit of Notice
The person or persons required to provide notice shall sign an affidavit that proper
notice has been provided in fact. Such certificate shall be deemed conclusive in the
absence of fraud.
(4) Requests to Defer Scheduled and Noticed Hearings
An applicant may request that review of a development application scheduled for a hearing
before the Planning Board or City Commission be deferred in accordance with the following
provisions.
(a) Before any mailed notices of the hearing are mailed and final arrangements for any
published notice of the hearing are made, a written request for deferral that states the
reasons for deferral may be submitted to the Director, who may grant the request for
good cause shown.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(G) Planning Board Review and Action
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 245
(b) Any subsequent request for deferral shall be in writing, state the reasons for deferral,
and be submitted directly to the body scheduled to review the application. The Planning
Board or City Commission, as appropriate, shall consider such a request and may either
grant the request for good cause shown or deny the request and proceed to hear public
comments, review, and take action on the application. If the Board or Commission grants
the request for deferral, it shall concurrently identify the date and time of a subsequent
meeting at which the application shall be scheduled for public comments and review. The
application may be subject to additional application fees to defray additional costs of
processing the application.
(5) Registering to Receive Notice
Any organization or person wishing to receive notice of development application public
hearings shall register with the City Clerk. Registration may take up to 15 business days to
process.
(6) Registering to Testify or Present Evidence
At least seven days prior to the public hearing date(s), any affected party (e.g. the applicant or
other affected persons) intending to testify or present evidence at the hearing may register
with the City Clerk per the notice requirements within subsection 10-5.3(I)(2)(a) below.
(G) Planning Board Review and Action
(1) Hearing, Review, and Action
If a development application is subject to a recommendation or a final decision by the
Planning Board (see Table 10-5.1: Summary of Development Review Procedures), the
Planning Board shall review and act on the application in accordance with the following
procedures.
(a) If the application is subject to a public hearing, the Planning Board shall hold a public
hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.
(b) The Planning Board shall then consider the application, relevant support materials, staff
memorandum, and any public comments made at the public hearing and take one of the
following actions:
(i) If the application is subject to a recommendation by the Planning Board, the Board
shall recommend a decision authorized for the type of development application,
based on the review standards applicable to the application type set forth in §10-5.4,
Application-Specific Review Procedures.
(ii) If the application is subject to a final decision by the Planning Board, the Board shall
render a decision authorized for the type of development application, based on the
review standards applicable to the application type set forth in §10-5.4, Application-
Specific Review Procedures.
(c) The Board shall clearly state the factors considered in making its recommendation or
decision, as well as the basis or rationale for the recommendation or decision.
(d) If the review involves a quasi-judicial hearing, the Board’s recommendation or decision
shall be based only on the record of the public hearing and shall be in writing; include
findings of fact based on competent, material, and substantial evidence presented at the
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(H) City Commission Review and Decision
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 246
hearing; reflect the determination of contested facts; and state how the findings support
compliance with applicable review standards.
(e) The Board shall take action as promptly as possible in consideration of the interests of
the applicant, affected parties, and citizens of the City. The Board will grant either a Board
Order or a Resolution depending on the nature and type of development application.
(f) The City Attorney shall prepare a final Board Order or Resolution that includes findings of
facts, the final decision, and whether the Order or Resolution will be recorded, at the
applicant’s cost, by the Broward County Clerk and Recorder.
(2) Revision of Application
(a) After the Planning Board has reviewed an application but has not yet taken action on it,
the applicant may request an opportunity to revise the application. The Board may grant
such a request on condition that revisions shall be limited changes that directly respond
to specific requests or suggestions made by the staff or the Planning Board and shall
constitute only minor additions, deletions, or corrections, and not significant substantive
changes, to the development proposed by the application.
(b) Any other revisions to the application may be submitted, but the revised application shall
be submitted to the Director and reviewed as if it were a new application. The revised
application is subject to additional application fees to defray the additional processing
costs as identified in the Administrative Manual.
(H) City Commission Review and Decision
(1) Hearing, Review, and Decision
If a development application is subject to a final decision by the City Commission (see Table
10-5.1: Summary of Development Review Procedures ), the City Commission shall review and
act on the application in accordance with the following procedures.
(a) If the application is subject to a public hearing, the City Commission shall hold a public
hearing on the application in accordance with §10-5.3(I), Public Hearing Procedures.
(b) The City Commission shall then consider the application, relevant support materials,
staff memorandum, the recommendation from the Planning Board (where applicable),
and any comments made at a public hearing, and shall render a decision authorized for
the type of development application, based on the review standards applicable to the
application type, as set forth in §10-5.4, Application-Specific Review Procedures.
(c) The Commission shall clearly state the factors considered in making its decision, as well
as the basis or rationale for the decision.
(d) If the review involves a quasi-judicial hearing, the decision shall be based only on the
record of the public hearing and shall be in written form, include findings of fact based on
competent, material, and substantial evidence presented at the hearing(s), reflect the
determination of contested facts, and state how the findings support compliance with
applicable review standards.
(e) The Commission shall take action as promptly as possible in consideration of the
interests of the applicant, affected parties, and citizens of the City.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(I) Public Hearing Procedures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 247
(2) Conditions of Approval
Any conditions of approval shall be expressly set forth in the approval, shall be limited to
conditions deemed necessary to ensure compliance with the requirements and particular
standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts
of the proposed development.
(3) Ex Parte Communications Allowed
If the development application being heard requires a quasi-judicial hearing (see Table 10-5.1:
Summary of Development Review Procedures), a person may not be precluded from
communicating directly with a member of the decision-making body about the application.
However, the member of the decision-making body is required to disclose such
communication, and any nondisclosure shall be presumed prejudicial to the decision-making
body’s decision on the application. All decisions must be supported by substantial,
competent, and material evidence in the public hearing record, irrespective of such
communications.
(4) Revision of Application
(a) After the City Commission has reviewed an application but has not yet taken action on it,
the applicant may request an opportunity to revise the application. The Commission may
grant such a request on condition that revisions shall be limited changes that directly
respond to specific requests or suggestions made by the staff or Commission, as
appropriate, and shall constitute only minor additions, deletions, or corrections, and not
significant substantive changes, to the development proposed by the application.
(b) Any other revisions to the application may be submitted, but the revised application shall
be submitted to the Director and reviewed as if it were a new application. The revised
application is subject to additional application fees identified in the Administrative
Manual.
(I) Public Hearing Procedures
(1) General
If the application is subject to a public hearing (see Table 10-5.1: Summary of Development
Review Procedures), the Planning Board or City Commission, as appropriate, shall hold a
hearing on the application in accordance with the following procedures:
(a) On being properly recognized by the person chairing the hearing, any person may appear
at the public hearing, either individually or as a representative of an organization, and
submit documents, materials, and other written or oral testimony in support of or in
opposition to the application.
(b) Before start of the meeting, persons intending to speak at the public comment session
shall register to speak, providing their name, home or business address, and if
appearing on behalf of an organization, the name and mailing address of the
organization. Persons actually speaking at the session shall begin by identifying
themselves.
(c) The person chairing the hearing may place reasonable and equitable time restrictions on
the presentation of testimony and the submittal of documents and other materials.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(I) Public Hearing Procedures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 248
(d) The Board or Commission may, on its own motion or at the request of any person,
continue the public hearing to a fixed date, time, and place, for good cause.
(e) The proceedings of the hearing shall be recorded by any appropriate means. If a sound
recording is made, any person shall be entitled to listen to the recording or make copies,
at that person’s expense, in the Department of Community Development (for hearings
conducted by the Planning Board) or in the offices of the City Clerk (for hearings
conducted by the City Commission).
(2) Quasi-Judicial Hearings
If the application being heard requires a quasi-judicial hearing (see Table 10-5.1: Summary of
Development Review Procedures), the hearing shall be subject to the following additional
procedures.
(a) Notice of Intent to Testify or Present Evidence
At least seven days before the hearing date, any affected party (not including the
applicant and City staff) intending to testify or present evidence at the hearing may
complete and submit to the City Clerk forms containing the following information, which
shall serve as notice of the affected party’s intent to appear at the hearing to testify,
present evidence, bring forth witnesses, or cross-examine witnesses:
(i) The affected party’s name, address, and telephone number;
(ii) An indication of how the affected party qualifies as an affected party;
(iii) An indication of whether the affected party is for or against the application;
(iv) The name, address, and telephone number of all witnesses expected to testify on
behalf the affected party at the hearing; and
(v) Copies of all documents, correspondence, memoranda, or other evidence the
affected party intends to present at the hearing.
(b) Order of Proceedings
To the extent possible, the following shall be the order of the proceedings:
(i) Opening of Hearing
The person chairing the body conducting the hearing shall open the public hearing
and announce the matter to be heard and the rules concerning the admissibility of
evidence.
(ii) Swearing In or Affirmation of Witnesses
All persons who will testify at the hearing shall be sworn in or affirmed.
(iii) Staff Presentation
City staff shall provide a brief introductory narrative or graphic description of the
application and present the staff memorandum (see §10-5.3(E)(3)(a)) and any prior
Planning Board findings and recommendations (see §10-5.3(G)), including
supporting exhibits or testimony of witnesses. After each witness’s presentation,
the witness may be asked questions by members of the body conducting the
hearing, then by the applicant and other affected persons.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(I) Public Hearing Procedures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 249
(iv) Applicant Presentation
The applicant (or the applicant’s representatives) shall present any information the
applicant deems appropriate, including any supporting exhibits or testimony of
witnesses. After each witness’s presentation, the witness may be asked questions
by members of the body conducting the hearing, then by City staff and affected
persons.
(v) Affected Persons’ Presentations
Affected persons may present any information the affected person deems
appropriate, including any supporting exhibits or testimony of witnesses. After each
witness’s presentation, the witness may be asked questions by members of the
body conducting the hearing, then by City staff and the applicant.
(vi) Public Comments
Any person other the applicant or affected persons may be allowed to speak in
support of or in opposition to the application.
(vii) Response to Presentations
A. The applicant may respond to any testimony, documents, or materials
presented by City staff, affected persons, or the public.
B. Affected parties may respond to any testimony, documents, or materials
presented by City staff, the applicant, or the public.
C. City staff may respond to any testimony, documents, or materials presented by
the applicant, affected persons, or the public.
(viii) Conclusions
Affected persons, the applicant, and City staff may present brief conclusionary
statements.
(ix) Close of Hearing
The person chairing the body conducting the hearing shall close the public hearing.
No further testimony shall be taken and no further questions may be asked of
witnesses.
(c) Evidence
(i) The body conducting the hearing may admit and consider all testimony and evidence
it deems competent and material to the application, and may refuse to hear or
exclude testimony or evidence it determines to be irrelevant, unreliable, or unduly
repetitious.
(ii) Hearsay evidence may be used to supplement or explain other evidence, but shall
not be sufficient by itself to support a finding.
(iii) Documentary evidence may be presented in the form of a copy or the original, if
available. On request, parties shall be given an opportunity to compare the copy with
the original.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(J) Post-Decision Actions and Limitations
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 250
(iv) Statements of counsel shall only be considered as argument and not be considered
as testimony.
(v) The City Attorney shall represent the Planning Board or City Commission. Any
questions as to the propriety and admissibility of evidence shall be presented to the
City Attorney in a timely fashion.
(vi) The applicant bears the burden of demonstrating that the application complies with
applicable standards of this Code, which shall be demonstrated by competent,
material, and substantial evidence. The burden is not on the City or other parties to
show that the standards have not been met by the applicant.
(d) Cross-Examination
Persons questioning a witness may not make statements, and may only ask questions
directly related to the testimony or evidence presented. Counsel for parties shall not be
subject to cross-examination.
(e) Public Hearing Record
The public hearing record shall include the application, staff memorandum, this Code, all
testimony offered at the hearing, and all written materials concerning the application
presented or entered into the record at the hearing.
(J) Post-Decision Actions and Limitations
(1) Notice of Decision
(a) Within ten calendar days after a final decision on a development application, the Director
shall provide a written copy of the decision via personal delivery, electronic mail, or
first-class mail to the applicant and make a copy of the decision available to the public in
the Department of Community Development during normal business hours. In the case
of site plan approval, the written copy of decision may advise that the site plan needs
minor modification through staff review for ultimate approval.
(b) If the review involves a quasi-judicial hearing, the Director shall, within ten days after a
final decision on the application, also provide a written copy of the decision via personal
delivery, electronic mail, or first-class mail to the owner(s) of application site, to any
affected party who submitted a notice of intent to testify or present evidence under §10-
5.3(I)(2)(a), Notice of Intent to Testify or Present Evidenc, and any other person has
submitted a written request for a copy of the decision before its effective date. The
Director shall also certify that the copy of the decision has been provided.
(2) Appeal
(a) A party aggrieved or adversely affected by any decision of the Planning Board or City
Commission for which no further administrative review is provided by this Code may
seek review of the decision in the courts in accordance with applicable State law,
provided that the appeal shall be filed with the clerk of the circuit court in accordance
with State law within 30 days.
(b) A party aggrieved by final administrative decisions may appeal the decision in
accordance with the procedures and standards in §10-5.4(R), Administrative Appeal.
Article 5 Administration
10-5.3 Common Review Procedures
10-5.3(J) Post-Decision Actions and Limitations
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 251
(3) Effect of Approval
(a) Authorized Activity
(i) Approval of any development application in accordance with this Code authorizes
only the particular use, plan, or other specific activity approved, and not any other
development requiring separate application.
(ii) If one development permit or approval is a prerequisite to another permit or
approval (e.g., variance approval prior to a site plan approval), development may not
take place until all required permits and approvals are obtained. Approval of one
application does not necessarily guarantee approval of any subsequent application.
(b) Expiration of Approval
(i) General
A. A development application approval shall be valid as authorization for the
approved activity unless it expires in accordance with expiration time periods
provided in §10-5.4, Application-Specific Review Procedures, for the particular
type of application.
B. A change in ownership of the land shall not affect the established expiration
time period of an approval.
(ii) Extension of Expiration Time Period
Except as otherwise provided in 10-5.4, Application-Specific Review Procedures,
for the particular type of application, the City Engineer may grant extensions of the
expiration time period for the lesser of the original time period or one year, on
receiving a written request for extension before the expiration date and on a
showing of good cause. Any further extensions shall be subject to approval by the
authority that approved the development application, on submittal of a written
request to the Director before the current expiration date and a showing of good
cause.
(4) Modification or Amendment of Approval
Unless otherwise provided in §10-5.4, Application-Specific Review Procedures, for the
particular type of application, any modifications of approved plans or conditions of approval
shall require a new application that is submitted and reviewed in accordance with the full
procedure and fee requirements applicable to the particular type of application.
(5) Limitation on Subsequent Similar Applications
(a) Prior Application Withdrawal
If an application requiring a public hearing is withdrawn after provision of or final
arrangement for required notice of the public hearing (see §10-5.3(D)(7), Application
Withdrawal), no application proposing the same or similar development on all or part of
the same land shall be submitted within six months after the date of the withdrawal.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(A) General
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 252
(b) Prior Application Denial
(i) If an application requiring a public hearing is denied, no application proposing the
same or similar development on all or part of the same land shall be submitted
within one year after the date of the denial unless the decision-making body waives
this time limit in accordance with provision (ii) below.
(ii) The owner of land subject to the time limit provided in provision (i) above, or the
owner's authorized agent, may submit a written request for waiver of the time limit,
along with a fee to defray the cost of processing the request, to the Director, who
shall transmit the request to the decision-making body. The decision-making body
may grant a waiver of the time limit only if two-thirds of its membership finds that
the owner or agent has demonstrated that:
A. There is a substantial change in circumstances relevant to the issues or facts
considered during review of the prior application that might reasonably affect
the decision-making body's application of the relevant review standards to the
development proposed in the new application; or
B. New or additional information is available that was not available at the time of
review of the prior application and that might reasonably affect the decision-
making body's application of the relevant review standards to the development
proposed in the new application; or
C. The new application proposed to be submitted is materially different from the
prior application; or
D. The final decision on the prior application was based on a material mistake of
fact.
10-5.4 Application-Specific Review Procedures
(A) General
This section sets forth supplemental procedures, standards, and related information for each
development application reviewed under this Code, as listed in Table 10-5.1: Summary of
Development Review Procedures. Each procedure is described by referencing the common
review procedures in §10-5.3, Common Review Procedures, including any variations of or
additions to the common procedures.
(B) Comprehensive Plan Amendment
(1) Applicability
(a) The procedures and standards in this subsection apply to the review of any proposal to
revise the text of the Comprehensive Plan or for a general or site-specific amendment of
the land use classification applicable to land.
(b) As described in F.S. §163.3187, site-specific Comprehensive Plan Amendments are
considered small-scale when the proposed amendment involves a use of ten acres or
fewer and does not involve a text change to the goals, policies, and objectives of the City’s
Comprehensive Plan. Text changes that relate directly to, and are adopted
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(B) Comprehensive Plan Amendment
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 253
simultaneously with, a site-specific, small-scale future land use map amendment shall
be permissible.
(2) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Comprehensive Plan Amendment
applications and note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Pre-Application Neighborhood Meeting
If the application is for a site-specific Comprehensive Plan Amendment, the applicant
shall hold a pre-application neighborhood meeting in accordance with §10-5.3(C).
(c) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), except that:
(i) An application for a general Comprehensive Plan Amendment may be initiated only
by the Director (upon referral from City staff, the Planning Board, or the City
Commission); and
(ii) An application for a site-specific Comprehensive Plan amendment may be initiated
by the Director (upon referral from City staff, the Planning Board, or the City
Commission), the applicant for a concurrent site-specific Rezoning application for
the same land, or any other person who may submit applications under §10-
5.3(D)(1), Authority to Submit Applications.
(d) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(e) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(f) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G).
(ii) If the application is for a site-specific Comprehensive Plan Amendment, the hearing
shall be a quasi-judicial hearing.
(g) City Commission Review and Decision
(i) If the application is for a small-scale amendment, the City Commission shall review
the application, hold a public hearing in accordance with §10-5.3(I), and decide the
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(B) Comprehensive Plan Amendment
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 254
application in accordance with §10-5.3(H). Small-scale development amendments
require only one public hearing.
(ii) If the application is for a Comprehensive Plan Amendment not classified as a small-
scale amendment, the City Commission shall review the application, hold an initial
public hearing in accordance with §10-5.3(I), and preliminarily approve or deny the
application in accordance with §10-5.3(H). In accordance with F.S. §163.3184, an
approval shall be preliminary, pending review and comment on the proposed
amendment by reviewing agencies and the public and a report by the State land
planning agency. After receiving the State land planning agency’s report, the City
Commission shall hold a second public hearing on the application and decide the
application in accordance with §10-5.3(H). If the application is for a site-specific
Comprehensive Plan Amendment, the hearing(s) shall be quasi-judicial hearing(s).
(iii) The decision shall be one of the following:
A. Adopt the amendment as proposed;
B. Adopt a revised amendment that reduces the area proposed to be reclassified;
C. Adopt a revised amendment that reclassifies the area proposed to be
reclassified to a more restrictive classification;
D. Adopt a revised amendment other than as included in provisions B or C above
(this may require a new public hearing);
E. Deny the amendment;
F. Remand the application back to the Director and Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(iv) In accordance with State law, an adopted Comprehensive Plan Amendment is
subject to a final review by the State land planning agency and its acceptance of the
amendment as compliant with State law.
(h) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Appeal
The compliance of an adopted Comprehensive Plan Amendment with State law may
be challenged by any affected person or the State land planning agency in
accordance with F.S. §163.3184 and 3187.
(ii) Effect of Approval
Approval of a Comprehensive Plan Amendment and acceptance by the State land
planning agency authorizes the approved revisions to the Comprehensive Plan and
development of any proposed LDC amendments necessary to implement the
Comprehensive Plan as amended. Such approval does not itself authorize specific
development activity. All development in the city occurring subsequent to the
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(C) Establishment of Use
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 255
effective date of an amendment shall be consistent with the Comprehensive Plan as
amended.
(iii) Expiration of Approval
A Comprehensive Plan Amendment does not expire, but shall remain valid unless
and until the revised Comprehensive Plan is subsequently amended in accordance
with this subsection’s Comprehensive Plan Amendment procedure.
(3) Review Standards
Amending the Comprehensive Plan is a matter committed to the legislative discretion of the
City Commission In deciding the application, the City Commission shall consider and weigh
the relevance of and consider whether and the extent to which the proposed amendment is
necessary in order to address conditions including, but not limited to, the following:
(a) A change in projections or assumptions from those on which the Comprehensive Plan is
based: Are public facilities and services available for the proposed use.
(b) Is the plan amendment suitable for its proposed use considering the character of the
undeveloped land, soils, topography, natural resources, and historic resources of the
site;
(c) Is the plan amendment the minimum amount of land needed to achieve the goals and
requirements of the Comprehensive Plan;
(d) A change in the policies, objectives, principles, or standards governing the physical
development of the City or any other geographic areas addressed by the Comprehensive
Plan; or
(e) Identification of errors or omissions in the Comprehensive Plan.
(C) Establishment of Use
(1) Applicability
This subsection applies to the establishment of uses not currently listed or addressed within
this Code.
(2) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Code Text Amendment applications and
note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D) except that:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(C) Establishment of Use
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 256
(i) An application may be initiated only by the Director upon referral from City staff, the
Planning Board, or the City Commission.
(ii) This Code may also be amended by initiative and referendum in accordance with
Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac
City Code.
(c) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E). When considering an unlisted use in any
zoning district as part of an interpretation, the Director shall also determine whether
additional use-specific standards are necessary.
(d) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(e) Planning Board Review and Action
The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G).
(f) City Commission Review and Decision
(i) The City Commission shall review the application, hold a standard public hearing,
and decide the application in accordance with §10-5.3(H).
(ii) Any determination shall be made available to the public and shall be binding on
future decisions of the City until the City Commission makes a different
interpretation or this Code is amended to treat the use differently.
(iii) The decision shall be one of the following:
A. Adopt the use as proposed;
B. Adopt a revised use (which may require a new public hearing);
C. Deny the establishment of use; or
D. Remand the application back to the Director or Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(g) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
Approval of an Establishment of Use authorizes the approved revisions to the text of
this Code. Such approval does not itself authorize specific development activity.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(D) Amendment to Text of Development Code
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 257
(ii) Expiration of Approval
An Establishment of Use determination does not expire, but shall remain valid
unless and until the revised text of this Code is subsequently amended in
accordance with this Article’s Amendment to Text of Development Code procedure.
(iii) Amendment to Text of Development Code
On interpreting an unlisted use or structure as allowed in a zoning district, and
finding that the use or structure is likely to be common or would lead to confusion if
it remains unlisted, the Director may initiate an application for a text amendment to
this Code in accordance with §10-5.4(D), Amendment to Text of Development Code,
to list the use or structure in Table 10-3.1 Allowed Uses, as a permitted use or special
exception use, as appropriate. Until final action is taken on the amendment
application, the interpretation of the City Commission shall be binding.
(3) Review Standards
In making an Establishment of Use interpretation, the City Commission shall consider its
potential impacts, including but not limited to:
(a) The nature of the use and whether it involves dwelling activity; sales; processing; type of
product, storage and amount, and nature thereof; enclosed or open storage;
(b) Anticipated employment;
(c) Transportation requirements;
(d) The amount of noise, odor, fumes, dust, toxic material, and vibration likely to be
generated; and
(e) The general requirements for public utilities such as water and sanitary sewer.
(D) Amendment to Text of Development Code
(1) Applicability
The procedures and standards in this subsection apply to the review of any proposal to revise
the text of this Code.
(2) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Code Text Amendment applications and
note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D) except that:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(D) Amendment to Text of Development Code
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 258
(i) An application may be initiated only by the Director upon referral from City staff, the
Planning Board, or the City Commission.
(ii) This Code may also be amended by initiative and referendum in accordance with
Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac
City Code.
(c) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(d) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(e) Planning Board Review and Action
The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G).
(f) City Commission Review and Decision
(i) The City Commission shall review the application, hold a standard public hearing,
and decide the application in accordance with §10-5.3(H), except that the City
Commission shall hold two standard public hearings if the amendment proposes to
revise the use tables in Article 10-4: Use Regulations.
(ii) The decision shall be one of the following:
A. Adopt the amendment as proposed;
B. Adopt a revised amendment (which may require a new public hearing);
C. Deny the amendment; or
D. Remand the application back to the Director or Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(g) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
Approval of an Amendment to Text of Development Code authorizes the approved
revisions to the text of this Code. Such approval does not itself authorize specific
development activity.
(ii) Expiration of Approval
An Amendment to Text of Development Code does not expire, but shall remain valid
unless and until the revised text of this Code is subsequently amended in
accordance with this subsection.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(E) Rezoning to Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 259
(3) Review Standards
Amending the text of this Code is a matter committed to the legislative discretion of the City
Commission In deciding the application, the City Commission shall consider and weigh the
relevance of and consider whether and the extent to which the proposed amendment:
(a) Is consistent with the Comprehensive Plan;
(b) Conflicts with any other provisions of this Code or the Tamarac City Code;
(c) Is required by changed conditions;
(d) Addresses a demonstrated community need;
(e) Is consistent with the purpose and intent of the zoning districts in this Ordinance, or
would improve compatibility among uses and would ensure efficient development within
the City;
(f) Would result in a logical and orderly development pattern; and
(g) Would avoid significantly adverse impacts on the natural environment—including, but
not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands,
and the natural functioning of the environment.
(E) Rezoning to Planned Development District
(1) Applicability
(a) Planned developments are planned and developed under unified control and in
accordance with flexible standards and procedures that are conducive to creating more
mixed-use, pedestrian-oriented, and otherwise higher-quality development, as well as
community benefits and amenities, than could be achieved through base zoning district
regulations.
(b) The purpose of this subsection is to provide a uniform means for amending the Official
Zoning Map to reclassify land to the Planned Development (PD) zoning district
established in Article 2.
(c) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Planned Development (PD) District
Rezoning applications and note any specific variations of, or additions to, those review
steps.
(d) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(e) Pre-Application Neighborhood Meeting
For all PD District Rezonings, the applicant shall hold a pre-application neighborhood
meeting in accordance with §10-5.3(C).
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(E) Rezoning to Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 260
(f) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), except that applications may be initiated only by the owner(s) of all
property included in the proposed PD District to ensure unified control and shall include
the following:
(i) A PD Plan that depicts the general configuration and relationship of the principal
elements of the proposed development, including uses, general building types,
density/intensity, resource protection, pedestrian and vehicular circulation, open
space, public facilities, and phasing;
(ii) A PD Agreement that specifies terms and conditions defining development
parameters, provides for environmental mitigation, outlines how public facilities
will be provided to serve the planned development, and provides for management
and maintenance of development; and
(iii) A copy of the title to all land that is part of the proposed PD district to ensure unified
control.
(g) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(h) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(i) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G).
(ii) If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial
hearing.
(j) City Commission Review and Decision
(i) The City Commission shall review the application, hold a public hearing in
accordance with §10-5.3(I), and decide the application in accordance with §10-
5.3(H), except that the City Commission shall hold two public hearings if the
application is initiated by the Director and proposes to rezone ten or more
contiguous acres.
(ii) If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-
judicial hearing(s).
(iii) The decision shall be one of the following:
A. Adopt the amendment as proposed;
B. Adopt a revised amendment that reduces the area proposed to be designated;
C. Deny the amendment; or
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(E) Rezoning to Planned Development District
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 261
D. Remand the application back to the Director and Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(k) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
A. Approval of a Planned Development authorizes the approved revisions to the
Zoning Map. Lands rezoned to a PD district shall be subject to the approved PD
Plan/Agreement. The PD Plan/Agreement is binding on the land as an
amendment to the Official Zoning Map.
B. The PD Plan/Agreement shall be binding on the landowners, their successors,
and assigns, and shall constitute the development regulations for the land.
C. Development of the land shall be limited to the uses, intensity and density,
configuration, and all other elements and conditions set forth in the PD
Plan/Agreement.
D. The applicant may apply for and obtain subsequent improvement permits
necessary to implement the PD Plan/Agreement in accordance with the
appropriate procedures and standards set forth in this Code. Any development
permits shall be in substantial compliance with the PD Plan/Agreement.
(ii) Expiration of Approval
The PD Plan/Agreement shall automatically expire if an application for
Site Plan Approval (§10-5.4(H)) for any part of the development shown on the
approved PD Plan or covered under the PD Agreement is not submitted within one
year after approval of the Planned Development, or an extension of this time period
is authorized by the Director. Extension requests shall be provided to the Director in
writing no later than 60 days prior to the one year expiration date.
(iii) Recordation
The Director shall record the adopting ordinance and the PD Plan/Agreement with
the Broward County Records Department at the expense of the applicant.
(2) Review Standards
Amending the Zoning Map (PD District Rezoning) is a matter committed to the legislative
discretion of the City Commission. In deciding the application, the City Commission shall
consider and weigh the relevance of and consider whether and the extent to which the
proposed amendment:
(a) Is consistent with the Comprehensive Plan;
(b) Is consistent with any provisions of this Code or the Tamarac City Code;
(c) Addresses a demonstrated community need;
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(F) Rezoning
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 262
(d) Is required by changed conditions;
(e) Is compatible with existing and proposed uses surrounding the subject land, and is the
appropriate zoning district for the land;
(f) Would result in a logical and orderly development pattern;
(g) Would result in development that is adequately served by public facilities (e.g., streets,
potable water, sewerage, stormwater management, solid waste collection and disposal,
schools, parks, police, and fire and emergency medical facilities);
(h) Would avoid significantly adverse impacts on the natural environment—including, but
not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands,
and the natural functioning of the environment; and
(i) Would be consistent with the public interest and the purposes and intent of this Code.
(F) Rezoning
(1) Applicability
(a) The procedures and standards in this subsection apply to the review of any proposal for a
general or site-specific amendment of the Zoning Map to change the zoning district
classification applicable to land.
(b) An application for Rezoning may be submitted and reviewed concurrently with an
application for Flex/Redevelopment Unit Assignment.
(2) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Rezoning applications and note any
specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Pre-Application Neighborhood Meeting
If the application is for a site-specific Rezoning, the applicant shall hold a pre-application
neighborhood meeting in accordance with §10-5.3(C).
(c) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), except that:
(i) A general Rezoning application may be initiated only by the Director (upon referral
from City staff, the Planning Board, or the City Commission); and
(ii) A site-specific Rezoning application may be initiated by the Director (upon referral
from City staff, the Planning Board, or the City Commission) or the owners of over 50
percent of the land area involved in the proposed rezoning (which must be
contiguous), as well as any person who may submit applications under §10-5.3(D)(1),
Authority to Submit Applications.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(F) Rezoning
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 263
(iii) This Code may also be amended by initiative and referendum in accordance with
Article VI (Initiative and Referendum) of Chapter 2 (Administration) of the Tamarac
City Code.
(d) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(e) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(f) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G).
(ii) If the application is for a Site-Specific Rezoning, the hearing shall be a quasi-judicial
hearing.
(g) City Commission Review and Decision
(i) The City Commission shall review the application, hold a public hearing in
accordance with §10-5.3(I), and decide the application in accordance with §10-
5.3(H), except that the City Commission shall hold two public hearings if the
application is initiated by the Director and proposes to rezone ten or more
contiguous acres.
(ii) If the application is for a site-specific Rezoning, the hearing(s) shall be quasi-
judicial hearing(s).
(iii) The decision shall be one of the following:
A. Adopt the amendment as proposed;
B. Adopt a revised amendment that reduces the area proposed to be reclassified;
C. Adopt a revised amendment other than as included in provisions B or C above
(this may require a new public hearing);
D. Deny the amendment;
E. Remand the application back to the Director and Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(h) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
Approval of a Rezoning authorizes the approved revisions to the Zoning Map. Such
approval does not itself authorize specific development activity.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(G) Special Exception
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 264
(ii) Expiration of Approval
A Rezoning does not expire, but shall remain valid unless and until the revised
Zoning Map is subsequently amended in accordance with this subsection.
(3) Review Standards
Amending the Zoning Map (Rezoning) is a matter committed to the legislative discretion of
the City Commission. In deciding the application, the City Commission shall consider and
weigh the relevance of and consider whether and the extent to which the proposed
amendment:
(a) Is consistent with the Comprehensive Plan;
(b) Is consistent with any provisions of this Code or the Tamarac City Code;
(c) Addresses a demonstrated community need;
(d) Is required by changed conditions;
(e) Is compatible with existing and proposed uses surrounding the subject land, and is the
appropriate zoning district for the land;
(f) Would result in a logical and orderly development pattern;
(g) Would result in development that is adequately served by public facilities (e.g., streets,
potable water, sewerage, stormwater management, solid waste collection and disposal,
schools, parks, police, and fire and emergency medical facilities);
(h) Would avoid significantly adverse impacts on the natural environment—including, but
not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands,
and the natural functioning of the environment; and
(i) Would be consistent with the public interest and the purposes and intent of this Code.
(G) Special Exception
(1) Purpose
The purpose of the Special Exception is to provide for individualized review of certain uses
that—due to their nature, relationship to the Comprehensive Plan, and potential adverse
impacts on surrounding areas—require special consideration of their location, design, and
methods of operation, as well as the imposition of conditions to mitigate concerns, before
they can be deemed appropriate in a zoning district and compatible with their surroundings.
(2) Applicability
(a) A Special Exception is required for any proposed development involving a Special
Exception use as designated in the use tables in Article 10-4: Use Regulations, or for
proposed development for which a Special Exception is required by any other provision
of this Code.
(b) An application for a Special Exception may be submitted and reviewed concurrently with
an application for Site Plan Approval (and any other application submitted and reviewed
concurrently with the Site Plan Approval application, including an application for an
Administrative Adjustment).
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(G) Special Exception
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 265
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Special Exception applications and note
any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), except that the application shall include a site plan if it is not submitted
and reviewed concurrently with an application for Site Plan Approval. In addition to the
materials required by the administrative manual, the following studies may be required
at the Director’s discretion: a natural resources survey or resource management plan, a
traffic study, conceptual engineering plans, parking study, architectural review and
consultant fee, feasibility analysis, a phasing plan, and any other study the Director’s
deems appropriate.
(b) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(c) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(d) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a quasi-judicial public hearing,
and decide the application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following:
A. Approve the application as submitted;
B. Approve the application subject to conditions;
C. Deny the application;
D. Remand the application back to the Director for further consideration(This may
require further public hearing notice and additional review fees.); or
E. Forward the application to the City Commission for further consideration.
(e) City Commission Request for Review
(i) If an application for special exception is approved or denied through the Planning
Board, the City Commission may adopt a motion to set a hearing to review the
application if it is found that the new project is in an area that, due to characteristics
of the project and the surrounding area, requires additional review in order to
ensure that development standards and criteria have been met and to ensure that
the area surrounding the development is protected from the impacts of the
development. The process for request for Commission review may be initiated by a
statement of intent filed by any member of the City Commission with the city clerk
with a copy to the department. Except as provided herein, the motion shall be
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(G) Special Exception
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 266
considered within 15 days of the decision by the lower body. If no City Commission
meeting is to be held within the timeframes provided herein, the motion shall be
considered at the next regularly scheduled City Commission meeting.
(ii) The motion approving a Commission request for review shall set a date for
consideration of the application no later than 60 days from the date the motion is
adopted. Notice of the hearing shall be given to the public as directed in §10-5.3(F),
Scheduling and Notice of Public Hearings. Review by the City Commission shall be
by de novo hearing supplemented by the record below and the same standards and
criteria applicable to the special exception shall be applied. At the conclusion of the
hearing, the City Commission shall take action either approving, approving with
conditions, or denying the application.
(iii) The timeframes for setting a hearing provided herein may be extended by written
request of the applicant.
(f) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
Approval and recordation of a Special Exception Board Order allows approval of a
concurrently-reviewed site plan application for the same development, and
authorizes submittal of other development applications that may be required before
construction or use of the development authorized by the approved Special
Exception.
(ii) Expiration of Approval
Approval of a Special Exception shall automatically expire if the authorized use or
construction is not substantially underway within one year after the date of the
Special Exception approval, or an extension of this time period under §10-
5.3(J)(3)(b)(ii), Extension of Expiration Time Period.
(iii) Minor Modifications Allowed
A. Subsequent development applications for development authorized by a
Special Exception approval may incorporate minor changes from the approved
plans and conditions without the need to amend the Special Exception in
accordance with §10-5.3(J)(4), Modification or Amendment of Approval—
provided, however, that the Director determines that such changes:
1. Continue to comply with this Code;
2. Are necessary to comply with conditions of approval; or
3. Are consistent with the Special Exception approval—i.e., the changes
would not significantly alter the development’s general function, form,
intensity, character, demand on public facilities, impact on adjacent
properties, or other characteristic from that indicated by the Special
Exception approval.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(G) Special Exception
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 267
B. In any case, the following changes from the Special Exception approval shall
constitute a major change requiring amendment of the Special Exception in
accordance with §10-5.3(J)(4), Modification or Amendment of Approval:
1. A change in a condition of approval;
2. An increase greater than 20 percent in residential density;
3. An increase greater than 20 percent in total nonresidential floor area;
4. An increase greater than ten percent in the amount of land devoted to
nonresidential uses;
5. A change greater than ten percent in the ratio of gross floor area devoted
to residential uses to that devoted to nonresidential floor area; and
6. A decrease greater than 20 percent in the ratio of single-family dwelling
units to other residential building types.
C. Before determining whether a change is a minor change or a major change, the
Director shall review the record of the proceedings on the Special Exception
application and consider whether any proposed modification would require
evidentiary support in addition to that on which approval of the Special
Exception application was based.
(4) Review Standards
A Special Exception application shall be approved only if the Planning Board makes the
following findings, based on competent substantial evidence in the record:
(a) The proposed development will be consistent with the Comprehensive Plan;
(b) The proposed development will comply with applicable zoning district, use, and
development standards of this Code;
(c) The proposed development will be compatible with the existing natural environment and
community character of the properties within the immediate neighborhood;
(d) The proposed development will be desirable for public convenience, and not injurious or
otherwise detrimental to the public health, safety, comfort, and welfare;
(e) The proposed development will minimize adverse effects, including noise, light, dust, or
other potential nuisances, on adjacent properties to the greatest extent practicable;
(f) The proposed development will include adequate provisions for safe and convenient
vehicular and pedestrian traffic movement to, from, and through the site that minimizes
traffic congestion in the public streets;
(g) The site area is sufficient, appropriate, and adequate for the use and any reasonably
anticipated expansion of the use;
(h) The Special Exception shall only remain valid during the period of which the certificate of
occupancy and business license remains active;
(i) The Special Exception is transferable administratively pursuant to compliance with City
Codes, submitting documentation and payment of fees only after the previous condition
has been met; and
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(H) Site Plan Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 268
(j) Any pre-existing code violations shall be satisfied before a certificate of occupancy is
issued for the proposed use.
(H) Site Plan Approval
(1) Purpose
The Site Plan Approval procedures and standards of this section are intended to ensure that
layout and general design of proposed development comply with all applicable standards in
this Code.
(2) Applicability
(a) General
(i) Site plan approval, either Major or Minor, is required for construction of any new
structure, modification of an existing structure, and the occupancy of an existing
structure, unless exempted under subsection (b) below.
(ii) Site plan approval is required prior to submittal of an application for an
Improvement Permit or Plat, unless the applicant elects to submit applications for
both Site Plan Approval and an Improvement Permit or Plat for concurrent review.
(b) Exemptions
The following development is exempt from the requirements of this subsection:
(i) A change in use that does not involve or require other development (such as new or
expanded structures, additional parking, etc.);
(ii) Internal construction that does not increase gross floor area or building height,
increase the density or intensity of use, or affect parking or landscaping
requirements; and
(iii) Construction of or addition to a single-family detached dwelling or a duplex
dwelling, or a structure accessory to such a dwelling.
(c) Major Site Plan Approval
Major Site Plan Approval is required for any of the following development, unless such
development is exempted from Site Plan Approval under subsection (b) above:
(i) New development or the expansion of existing development that proposes 15 or
more new or added dwelling units;
(ii) New development or the expansion of existing development that proposes 10,000 or
more square feet of new or added gross floor area devoted to nonresidential use.
(iii) New development that proposes 30 or more new or added vehicle parking spaces;
or
(iv) New development or the expansion of existing development that proposes 15,000 or
more square feet of new or added cleared land.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(H) Site Plan Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 269
(d) Minor Site Plan Approval
Minor Site Plan Approval is required for any development other than that for which Major
Plan Approval is required under subsection (c) above, unless exempted from Site Plan
Approval under subsection (b) above.
(e) Concurrent Review
(i) An application for Site Plan Approval may be submitted and reviewed concurrently
with an application for a Special Exception or an Administrative Adjustment. In such
a case, the Director shall not decide the Site Plan Approval application until after the
Special Exception application or Administrative Adjustment is approved.
(ii) An application for Site Plan Approval may be submitted and reviewed concurrently
with an application for an Improvement Permit or Plat. In such a case, the City
Engineer shall not decide the Site Plan Approval application until after the
Improvement Permit application is approved.
(3) Major Site Plan Approval Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Major Site Plan Approval applications and
note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Pre-Application Neighborhood Meeting
The applicant shall hold a pre-application neighborhood meeting in accordance with §10-
5.3(C).
(c) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), except that the application shall include a site plan. In addition to the
materials required by the administrative manual, the following studies may be required
at the Director’s discretion: a natural resources survey or resource management plan, a
traffic study, conceptual engineering plans, parking study, architectural review and
consultant fee, feasibility analysis, a phasing plan, and any other study the Director’s
deems appropriate.
(d) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(e) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a quasi-judicial public hearing,
and decide the application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(H) Site Plan Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 270
A. Approve the application as submitted;
B. Approve the application subject to conditions;
C. Deny the application;
D. Remand the application back to the Director for further consideration. (This
may require further public hearing notice and additional review fees.); or
E. Forward the application to the City Commission for further consideration.
(iii) The Planning Board shall, at its discretion, review and recommend that a Major Site
Plan Approval be heard by the City Commission.
(f) City Commission Request for Review
(i) If an application for major site plan is approved or denied through the Planning
Board, the City Commission may adopt a motion to set a hearing to review the
application if it is found that the new project is in an area that, due to characteristics
of the project and the surrounding area, requires additional review in order to
ensure that development standards and criteria have been met and to ensure that
the area surrounding the development is protected from the impacts of the
development. The process for request for Commission review may be initiated by a
statement of intent filed by any member of the City Commission with the city clerk
with a copy to the department. Except as provided herein, the motion shall be
considered within 15 days of the decision by the lower body. If no City Commission
meeting is to be held within the timeframes provided herein, the motion shall be
considered at the next regularly scheduled City Commission meeting.
(ii) The motion approving a Commission request for review shall set a date for
consideration of the application no later than 60 days from the date the motion is
adopted. Notice of the hearing shall be given to the public as directed in §10-5.3(F),
Scheduling and Notice of Public Hearings. Review by the City Commission shall be
by de novo hearing supplemented by the record below and the same standards and
criteria applicable to the special exception shall be applied. At the conclusion of the
hearing, the City Commission shall take action either approving, approving with
conditions, or denying the application.
(iii) The timeframes for setting a hearing provided herein may be extended by written
request of the applicant.
(4) Minor Site Plan Approval Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Minor Site Plan approval applications and
note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold an optional pre-application conference with City staff, as
determined by staff, in accordance with §10-5.3(B).
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(H) Site Plan Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 271
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D) except that the application shall include a site plan and may be required
to include a landscape plan, a natural resources survey or resource management plan, a
traffic study, conceptual engineering plans, parking study, architectural review and
consultant fee, or a phasing plan.
(c) Staff Review and Action
The Director shall review the application, allow revisions of the application, and decide
the application in accordance with §10-5.3(E). The decision shall be one of the following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
(iii) Deny the application.
(5) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to both Major and Minor
Site Plans, except as follows:
(a) Effect of Approval
Site Plan Approval allows the approval of any concurrently-reviewed applications for
the same development. It also authorizes submittal of any other development
applications that may be required before construction or use of the development
authorized by the Site Plan Approval.
(b) Expiration of Approval
Approval of a Site Plan shall automatically expire if the authorized development is not
substantially underway within one year after the date of the Site Plan. This time period
may be extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.
(i) For purposes of this requirement, construction shall be deemed to be
"substantially underway" if the right of way has been cleared, the roadways,
internal streets, and/or parking areas have been rough graded, the drainage
system and/or stormwater management facilities have been rough-graded and
erosion and sediment control measures are in place and being actively maintained.
(ii) In a case where no new construction is required to implement the approved use,
the use shall be deemed "substantially underway" if the activity permitted by
the approved conditional use is actively underway.
(c) Minor Changes Allowed
(i) Subsequent development applications for development authorized by a Site Plan
Approval may incorporate minor changes from the approved plans and conditions
without the need to amend the Site Plan in accordance with §10-5.3(J)(4),
Modification or Amendment of Approval—provided, however, that the Director
determines that such changes:
A. Continue to comply with this Code;
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(H) Site Plan Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 272
B. Are necessary to comply with conditions of approval; or
C. Are consistent with the Site Plan approval—i.e., the changes would not
significantly alter the development’s general function, form, intensity,
character, demand on public facilities, impact on adjacent properties, or other
characteristic from that indicated by the Site Plan.
(ii) In any case, the following changes from the approved Site Plan shall constitute a
major change requiring amendment of the Site Plan in accordance with §10-
5.3(J)(4), Modification or Amendment of Approval:
A. A change in a condition of approval;
B. An increase greater than 20 percent in residential density;
C. An increase greater than 20 percent in total nonresidential floor area;
D. An increase greater than ten percent in the amount of land devoted to
nonresidential uses;
E. A change greater than ten percent in the ratio of gross floor area devoted to
residential uses to that devoted to nonresidential floor area; and
F. A decrease greater than 20 percent in the ratio of single-family dwelling units
to other residential building types.
(6) Site Plan Approval Standards
An application for Major Site Plan Approval or Minor Site Plan Approval shall be approved
only if the Planning Board or Director, as appropriate, determines that the proposed
development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable district, use, and development standards in this Code; and
(c) Will comply with all requirements and conditions of approval.
(7) Phase Development
(a) For the purpose of this subsection, "phase developments" means that, as to any
recorded plat or approved final site plan, a developer may choose to construct, bond, pay
inspection fees and complete the improvements provided for in the plat or site plan, as
the case may be, in whatever phases as have been delineated on the approved overall
site plan submitted by the developer, provided that:
(i) The developer shall not be obligated to submit individual site plans for any of the
phases, provided there is no deviation from the phases as delineated upon the
approved overall site plan.
(ii) The phases, with respect to utilities, drainage and parking, shall meet appropriate
criteria independently of subsequent phases, but may be dependent upon preceding
completed phases.
(iii) The phases when completed shall not unreasonably interfere with or eliminate the
legal access to any remaining phase within the recorded plat.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(I) Improvement Permit
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 273
(iv) The city engineer shall have approved the engineering plans and specifications for
the phase being constructed.
(v) No phase shall contain less than 25 dwelling units as described in the approved
overall site plan.
(vi) If the county requires bonding in a manner not consistent with the manner set forth
above, bonding shall be consistent with county regulations and the bonds shall be
held by the city.
(b) Furthermore, in connection with phase developments:
(i) Not more than one year may elapse between city commission approval of an overall
site plan and the issuance of a development or building permit for the first phase to
be constructed.
(ii) Not more than two years may elapse between issuance of the first building permit
and the issuance of the first certificate of occupancy in a phase, provided that the
issuance of same is not unreasonably withheld.
(iii) Not more than two years may elapse between the issuance of certificates of
occupancy for the first unit and the last unit to be constructed in a phase.
(iv) Not more than one year may elapse between the issuance of the certificates of
occupancy for all of the units in a phase and developer's application for the first
development permit for a subsequent phase.
(c) In any of such events, unless an extension is granted by the city commission, the site plan
shall automatically become invalid; and all claims of vested rights or equitable estoppel
to continue to build in accordance with previously approved site plan shall be
extinguished; and the developer or its successors shall thereafter be required to submit
a new site plan consistent with city regulations then in effect and pay a new site plan
application fee and any increases in fees and charges.
(d) Approved site plans shall show all proposed phases; and, subject to and in accordance
with the provisions in the preceding sentences, so long as each phase is completed in
accordance with the plan, no subsequent revisions to or changes in development
regulations of the city shall apply to the property included in the site plan unless
mandated by a governmental agency other than the city.
(I) Improvement Permit
(1) Purpose
The Improvement Permit procedures and standards of this section are intended to ensure
that final detailed engineering plans for a proposed development comply with all applicable
standards in this Code and city engineering standards and details, as determined by the City
Engineer.
(2) Applicability
(a) General
An Improvement Permit is required for any:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(I) Improvement Permit
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 274
(i) Clearing or grubbing;
(ii) Construction, installation, or modification of public or private paving and drainage
improvements—including, but not limited to, streets (including subgrade
preparation, base, and surface), alleys, sidewalks, walkways, driveways, bridges,
medians and median crossings, guardrails, street name signs, curb and gutter,
storm sewers or drains, swales, culverts, headwalls, endwalls, detention/retention
structures, canal or lake excavation, dredging, bulkheads, grading, and earthwork
(cut or fill);
(iii) Construction, installation, or modification of public or private water or wastewater
improvements—including, but not limited to, water mains, sanitary sewers, and
other water distribution or sewage collection facilities;
(iv) Construction, installation, or modification of public or private irrigation
improvements within public easements, right-of-way, or City-owned property—
including, but not limited to, irrigation lines, valves, heads, and other appurtenances;
and
(v) All improvements located within City of Tamarac public easements or right-of-way.
(b) Concurrent Review
An application for an Improvement Permit shall be submitted and reviewed as part of
Site Plan Approval, if required. In such a case, the Director shall not decide the
Improvement Permit application until after the Site Plan Approval.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Improvement Permit applications and
note any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
(b) Staff Review and Action
The City Engineer shall review the application, allow revisions of the application, and
decide the application in accordance with §10-5.3(E). The decision shall be one of the
following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
(iii) Deny the application.
(c) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(J) Plat Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 275
(i) Performance Guarantees
Before issuance of an approved Improvement Permit for development other than
just clearing and grubbing, the applicant shall submit to the City Engineer a
performance guarantee ensuring payment of fees required by the City and
completion of required improvements, in accordance with §10-156.
(ii) Effect of Approval
An Improvement Permit authorizes clearing and grubbing or the construction,
installation, or modification of approved improvements in accordance with the
terms and conditions of the permit.
(iii) Expiration of Approval
Approval of an Improvement Permit shall automatically expire if the authorized
development is not substantially underway within six months after the date of
issuance of the Improvement Permit, or is suspended or abandoned for a period of
90 days from the date of the most recent inspection. These time periods may be
extended under §10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.
(iv) For purposes of this requirement, construction shall be deemed to be
"substantially underway" if the right of way has been cleared, the roadways,
internal streets, and/or parking areas have been rough graded, the drainage
system and/or stormwater management facilities have been rough-graded and
erosion and sediment control measures are in place and being actively maintained.
(v) In a case where no new construction is required to implement the approved use,
the use shall be deemed "substantially underway" if the activity permitted by
the approved conditional use is actively underway.
(4) Review Standards
An application for an Improvement Permit shall be approved only if the City Engineer
determines that the proposed development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable district, use, and development standards in this Code;
(c) Will comply with all requirements and conditions of approval of any prior development
permits or approvals;
(d) Will be consistent with §10-154; and
(e) Will comply with all local, state, and federal regulations and codes.
(J) Plat Approval
(1) Purpose
The purpose of this section is to provide a review procedure that:
(a) Conforms to the Broward County Land Use Plan’s mandate that local governments
require platting wherever the County Land Use Plan requires platting;
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(J) Plat Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 276
(b) Ensures that subdivisions of land comply with applicable provisions of this Code and
otherwise provide for the orderly and efficient development of the city; and
(c) Assure consistent and equitable treatment for engineers, surveyors, and subdividers in
the review and processing of applications for plat approval.
(2) Applicability
(a) General
Unless exempted under subsection (b) below, Plat Approval in accordance with this
subsection is required:
(i) Before any Building Permit may be issued for a principal building on a lot;
(ii) Before any plat of a subdivision of land may be recorded or any development
associated with the subdivision may occur; and
(iii) Before any Improvement Permit may be issued, unless the Improvement Permit is
for clearing and grubbing only.
(b) Exemptions
(i) Plat Approval is not required where expressly exempted from platting by Article 7 of
the Broward County Administrative Rules as amended from time to time.
(ii) Plat Approval is not required under provision (a)(ii) above for:
A. The combination or recombination of lots or portions of previously subdivided
and recorded lots where:
1. The total number of lots is not increased;
2. Each resulting lot complies with applicable lot standards of this Code; and
3. No nonconformities are created.
B. The division of a lot resulting from the public acquisition of land for the purpose
of establishing, opening, widening, or expanding streets, parks, or greenways.
C. A revision of a previously approved and recorded plat that incorporates only
minor changes to nonvehicular access easements or openings or to plat notes.
(iii) The Director shall determine whether these exemptions apply in response to a
written request for such a determination. The requestor shall pay the application fee
established for such reviews by the City Commission under §10-5.3(D)(3),
Application Fees.
(c) Alternatives to Plat Approval
Generally, development may not cross platted property lines. However, Plat Approval
shall not be required in the following instances:
(i) Unity of Title
The Director may approve a Unity of Title application as set forth in the
administrative manual, which shall demonstrate common ownership of the subject
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(J) Plat Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 277
properties. The Unity of Title shall be approved and recorded prior to issuance of
building permit.
(ii) Declaration of Unity of Control
The Director may approve a Declaration of Unity of Control that authorizes
subdivision of portions of an overall site that were previously approved as a unified
site. This allows the previous development regulations to remain applicable to the
overall property and individual subparcels, regardless of ownership, and not
individually required to meet property development regulations in accordance with
the Declaration of Unity of Control.
(d) Concurrent Review
(i) An application for Plat Approval may be submitted and reviewed concurrently with
an application for Site Plan Approval or an Administrative Adjustment. In such a
case, the Director shall not decide the Plat Approval application until after the Site
Plan Approval or Administrative Adjustment application is approved.
(ii) An application for Plat Approval may be submitted and reviewed concurrently with
an application for an Improvement Permit or a Building Permit. In such a case, the
Director and the Chief Building Official shall not approve the Improvement Permit or
Building Permit application until after the Plat Approval application is approved by
the City.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Plat Approval applications and note any
specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
(b) Staff Review and Action
The Director and the Chief Building Official shall review the application and prepare a
staff memorandum and recommendation in accordance with §10-5.3(E).
(c) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(d) Planning Board Review and Action
The Planning Board shall review the application, hold a public hearing, and make a
recommendation in accordance with §10-5.3(G). The hearing shall be a quasi-judicial
hearing.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(J) Plat Approval
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 278
(e) City Commission Review and Decision
(i) The City Commission shall review the application, hold a public hearing in
accordance with §10-5.3(I), and decide the application in accordance with §10-
5.3(H). The hearing shall be a quasi-judicial hearing.
(ii) The decision shall be one of the following:
A. Adopt the plat as proposed;
B. Deny the plat;
C. Remand the application back to the Director and Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(f) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
A. Plat Approval by the City allows submittal and review of an application for
approval of the same plat by the Broward County Commission in accordance
with the Broward County Land Development Code.
B. On obtaining Broward County approval of the plat and recording the plat in
accordance with Broward County platting requirements, the landowner is
authorized to convey any newly created lot by reference to the record plat and
to submit applications for an Improvement Permit, Building Permit, or other
development approval required to develop the lot(s).
(ii) Expiration of Approval
Plat Approval shall automatically expire if an application for approval of the same
plat is not approved by the Broward County Commission within two years after the
date of Plat Approval by the City. This time period may be extended under § 10-
5.3(J)(3)(b)(ii), Extension of Expiration Time Period.
(iii) Minor Changes Allowed
Minor changes from the plat (including conditions and notes) approved as part of
Plat Approval may be incorporated into the application for Broward County approval
of the City-approved plat, or onto the plat approved under Broward County platting
requirements, or in subsequent applications for development authorized by the Plat
Approval—without the need to amend the Plat Approval in accordance with § 10-
5.3(J)(4), Modification or Amendment of Approval—provided, however, that the
Director determines that such changes:
A. Continue to comply with this Code;
B. Are necessary to comply with conditions of approval; or
C. Are consistent with the Plat Approval—i.e., the changes would not significantly
alter the development’s general function, form, intensity, character, demand
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(K) Temporary Use/Structure Permit
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 279
on public facilities, impact on adjacent properties, or other characteristic from
that indicated by the Plat Approval.
(4) Review Standards
An application for Plat Approval shall be approved only if the Director determines that the
proposed development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable district, use, and development standards in this Code; and
(c) Will comply with all requirements and conditions of approval of any prior development
permits or approvals.
(K) Temporary Use/Structure Permit
(1) Purpose
The purpose of this subsection is to provide a uniform mechanism for reviewing applications
for Temporary Use/Structure Permits to ensure temporary uses and structures comply with
the applicable standards in §10-3.5, Temporary Uses and Structures.
(2) Applicability
A Temporary Use/Structure Permit is required before the establishment, construction, or
installation of any temporary use or structure designated in the temporary use/structure
tables in 10-3.5, Temporary Uses and Structures, as requiring a Temporary Use/Structure
Permit.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Temporary Use/Structure Permit
applications and note any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
(b) Staff Review and Action
The Director and the Chief Building Official shall review the application, allow revisions
of the application, and decide the application in accordance with §10-5.3(E). The decision
shall be one of the following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
(iii) Deny the application.
(c) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(L) Sign Permit
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 280
(i) Effect of Approval
A Temporary Use/Structure Permit authorizes establishment or construction or
installation of the approved temporary use or structure in accordance with the
terms and conditions of the permit, including the specified time period.
(ii) Expiration of Approval
A Temporary Use/Structure Permit shall be valid beginning on the date specified on
the permit and shall remain valid for the time period indicated on the permit. In no
case shall a Temporary Use/Structure Permit be valid for more than one year after
its approval. This expiration period may not be extended.
(4) Review Standards
An application for a Temporary Use/Structure Permit shall be approved only if the Director
and the Chief Building Official determine that the proposed development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable temporary use standards, as well as all other applicable
standards in this Code; and
(c) Will comply with all requirements and conditions of approval of any prior development
permits or approvals.
(L) Sign Permit
(1) Purpose
The purpose of this subsection is to provide a uniform mechanism for reviewing applications
for Sign Permits to ensure signs comply with the applicable standards in §10-4.10.
(2) Applicability
A Sign Permit is required before the construction, erection, installation, posting,
relocation, or alteration of any sign unless it is exempt under §10-4.10(B)(2)Exemptions.
(3) Procedure
Table 10-5.1:, Summary of Development Review Procedures, and the following subsections
identify those steps in the common review procedures (see §10-5.3) applicable to the review of
Sign Permit applications and note any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
(b) Staff Review and Action
The Director and the Chief Building Official shall review the application, allow revisions
of the application, and decide the application in accordance with §10-5.3(E). The decision
shall be one of the following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(M) Tree Removal License
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 281
(iii) Deny the application.
(c) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
A Sign Permit authorizes the construction, erection, installation, posting, relocation,
or alteration of the approved signage in accordance with the terms and conditions of
the permit.
(ii) Expiration of Approval
Approval of a Sign Permit shall automatically expire if the authorized development
is not substantially underway within three months after the date of issuance of the
permit. This time period may be extended under §10-5.3(J)(3)(b)(ii), Extension of
Expiration Time Period.
(4) Review Standards
An application for a Sign Permit shall be approved only if the Director and the Chief Building
Official determine that the proposed development:
(a) Will be consistent with the Comprehensive Plan;
(b) Will comply with applicable signs standards, as well as all other applicable standards in
this Code; and
(c) Will comply with all requirements and conditions of approval of any prior development
permits or approvals.
(M) Tree Removal License
(1) General
Tree Removal Licenses are approved and issued by Broward County in accordance with
review procedures and standards in the Broward County Tree Preservation and Abuse
Ordinance. A Tree Removal License is required before relocation or removal of any tree
(except as exempted by the Ordinance). The license certifies that such relocation of removal,
or mitigation thereof, complies with the tree protection standards in the Broward County Tree
Preservation and Abuse Ordinance.
(2) Relationship to this Code
(a) If the relocation or removal of a tree would occur in conjunction with development
proposed in a Site Plan Approval application, any approval of the Site Plan Approval
application shall be contingent on Broward County approval of a Tree Removal License
for the tree relocation or removal, and the relocation, removal, and required
replacement shall occur before a Certificate of Occupancy for the development is issued.
(b) Failure of a landowner to replace a removed tree in accordance with the Broward County
Tree Preservation and Abuse Ordinance shall also constitute a violation of this Code.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(N) Building Permit
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 282
(N) Building Permit
(1) General
Building Permits are approved and issued by the Chief Building Official in accordance with
review procedures and construction standards in the Florida Building Code, as adopted and
modified in accordance with Chapter 5 (Building and Building Regulations) of the Tamarac
City Code. A Building Permit is required before construction, erection, alteration, movement,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal, or demolition of any building or structure. The permit certifies that such work
complies with the construction standards in the Building Code and Chapter 5.
(2) Relationship to this Code
No Building Permit shall be issued for a structure unless and until the structure is completed
in full compliance with any other approvals required under this Code for development that
includes the structure, including any applicable Site Plan Approval.
(O) Certificate of Occupancy
(1) General
(a) Certificates of Occupancy are approved and issued by the Chief Building Official in
accordance with review procedures and standards in the Florida Building Code, as
adopted and modified in accordance with Chapter 5 (Building and Building Regulations)
of the Tamarac City Code.
(b) A Certificate of Occupancy is required before a structure may be used or occupied, or the
existing use of any part of a structure is changed to a use in a different use and
occupancy classification as established in the Building Code. It certifies that work on the
structure is completed in compliance with the Building Code and the terms and
conditions of the Building Permit, but also in compliance with all other applicable City
regulations, including those in this Code. A Certificate of Occupancy serves as a final
check on a structure’s compliance with the requirements of this Code.
(c) A Business Tax Receipt shall be obtained for a new or transferring business prior to the
issuance of a Certificate of Occupancy.
(2) Relationship to this Code
No Certificate of Occupancy shall be issued for a development unless and until the
development is completed in full compliance with approvals under this Code for the
development. Issuance of a Certificate of Occupancy does not preclude requirements for
licenses and other approvals.
(P) Administrative Adjustment
(1) Purpose
An administrative adjustment is intended to allow minor deviations, or adjustments, to
certain dimensional or numerical standards in this Ordinance based on specific criteria. The
intent is to provide relief where application of a standard creates practical difficulties in
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(P) Administrative Adjustment
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 283
allowing development that otherwise advances the purposes served by the standards of this
Ordinance and the Comprehensive Plan, and is compatible with surrounding development.
(2) Applicability
(a) Concurrent Application Required
An application for an Administrative Adjustment may only be submitted and reviewed
concurrently with applications for a Special Exception, Site Plan Approval, Improvement
Permit, Plat Approval, or Sign Permit. Where the application is subject to review and
approval by the Planning Board and/or City Commission, the Director shall review and
decide the Administrative Adjustment application before distributing the application to
the Board and/or Commission.
(b) Table of Allowable Administrative Adjustments
The procedure and standards in this subsection apply to the review of applications for an
Administrative Adjustment, which may be submitted and granted for the standards
identified in Table 10-5.3: Allowable Administrative Adjustments, up to the limits set forth
in the table.
Table 10-5.3: Allowable Administrative Adjustments
Standard Maximum Allowable
Administrative Adjustment
Lot Standards
Net lot area 10 %
Lot width 10 %
Lot or pervious coverage 10 %
Setbacks
Front setback 5 %
Corner side setback 15 %
Side setback 15 %
Building separation 30 %
Rear setback 15 %
Building Standards
Structure height 10 %
Site Development and Design Standards
Block length 10 %
Block length 10 %
Perimeter buffer width 10 %
Perimeter buffer planting rate 10 %
Driveway spacing 10 %
Street intersection spacing 10 %
Number of vehicle parking spaces 10 %
Number of bicycle parking spaces 10 %
Stacking lane distance for parking area entrance drives, 10 %
Walking distance between shared, off-site, or on-street vehicle parking
spaces and primary pedestrian entrance of uses served 10 %
Vegetation size at time of planting 10 %
Vehicle use area planting island area and dimensions 10 %
Street tree planting rate 10 %
Fence or wall height 1 ft
Outdoor Lighting Standards
Average light level to minimum light level uniformity ratio 15 %
Lighting height 10 %
Sign Standards
Projection fascia sign 10 %
Sign face area or dimensions 10 %
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(P) Administrative Adjustment
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 284
Table 10-5.3: Allowable Administrative Adjustments
Standard Maximum Allowable
Administrative Adjustment
Sign height 10 %
Sign wall coverage 10 %
Encroachment into required yards 15 %
(c) Reasonable Accommodations Under the FFHA
(i) In response to a written application identifying the type of housing being provided
and the portions of the Federal Fair Housing Act that require that reasonable
accommodations be made for such housing, the Director is authorized to take any of
the following actions in order to provide reasonable accommodations without the
need for a rezoning or variance:
A. Modify any facility spacing, building setback, height, lot coverage, or
landscaping requirement by no more than ten percent; or
B. Reduce any off-street parking requirement by no more than one space.
(ii) The Director may approve a type of reasonable accommodation different from that
requested by the applicant if the Director concludes that a different form of
accommodation would satisfy the requirements of the Federal Fair Housing Act with
fewer impacts on adjacent areas. The decision of the Director shall be accompanied
by written findings of fact as to the applicability of the Fair Housing Act, the need for
reasonable accommodations, and the authority for any reasonable
accommodations approved. Requests for types of accommodation that are not
listed above may only be approved through a variance or rezoning process.
(d) Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)
The Director may grant Administrative Adjustments in order to eliminate a substantial
burden on religious exercise as guaranteed by the Federal Religious Land Use and
Institutionalized Persons Act of 2000, as amended. In no circumstance shall the Director
approve an adjustment that allows a religious assembly use, or any uses, structures, or
activities accessory to it, in a zoning district where this Code prohibits such use or
accessory use, structure, or activity.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedures (see §10-5.3) applicable to the review of an Administrative Adjustment
application and note any specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(P) Administrative Adjustment
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 285
(c) Staff Review and Action
The Director shall review the application, allow revisions of the application, and decide
the application in accordance with §10-5.3(E). The decision shall be one of the following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
(iii) Deny the application.
(d) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
Approval of an Administrative Adjustment authorizes only the particular adjustment
of standards approved, as applied only to the development authorized by the
approved development application with which it is associated.
(ii) Expiration of Approval
Approval of an Administrative Adjustment shall automatically expire if the
associated development application is denied or if approval of the concurrently
reviewed application expires, is revoked, or otherwise becomes invalid.
(4) Review Standards
An application for an Administrative Adjustment shall be approved only if the Director
determines that the adjustment falls within the limitations in Table 10-5.3: Allowable
Administrative Adjustments, and that:
(a) The Administrative Adjustment is consistent with the character of development in the
surrounding area, and will not result in incompatible development.
(b) Any adverse impacts resulting from the Administrative Adjustment will be mitigated to
the maximum extent practicable.
(c) The Administrative Adjustment is of a technical nature (i.e., relief from a dimensional or
design standard), and is either:
(i) Required to compensate for some unusual aspect of the development site or the
proposed development that is not shared by landowners generally;
(ii) Proposed to protect sensitive natural resources or save healthy existing trees; or
(iii) Required to eliminate a minor inadvertent failure to fully comply with a standard.
(d) The Administrative Adjustment will not substantially interfere with the convenient and
enjoyable use of adjacent lands, and will not pose a danger to the public health or safety.
(e) The Administrative Adjustment is consistent with the purpose of the zoning district
where located and with the Comprehensive Plan.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(Q) Variance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 286
(Q) Variance
(1) Purpose
The purpose of a Variance is to allow certain deviations from standards of this Code when the
landowner demonstrates that, owing to special circumstances or conditions beyond the
landowner’s control, the literal application of the standards would result in undue and unique
hardship to the landowner and the deviation would not be contrary to the public interest.
Variances are to be sparingly exercised and only in rare instances and under exceptional
circumstances to relieve undue and unique hardships to the landowner. No change in
permitted uses or increases in maximum allowable development intensity may be authorized
by a Variance.
(2) Applicability
The Variance procedure may be used to seek and obtain hardship relief from the standards in
this Code, provided that no Variance may be sought or granted that would permit a use not
allowed by use standards applicable in a zoning district or increase development intensity
(e.g., dwelling units per acre or floor area ratio) beyond that allowed by intensity standards
applicable in a zoning district.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Variance applications and note any
specific variations of, or additions to, those review steps.
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D).
(c) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(d) Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for the
Planning Board hearing in accordance with §10-5.3(F).
(e) Planning Board Review and Action
(i) The Planning Board shall review the application, hold a quasi-judicial public hearing,
and decide the application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following:
A. Approve the application as submitted;
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(Q) Variance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 287
B. Approve the application subject to conditions;
C. Deny the application; or
D. Remand the application back to the Director for further consideration. (This
may require further public hearing notice and additional review fees.)
(f) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
A. Approval of a Variance authorizes only the particular regulatory relief
approved as part of the Variance, as applied only to the land for which the
Variance is approved, and only in accordance with any approved plans and
documents, and conditions of approval. It does not exempt the applicant from
the responsibility to obtain all other development permits and approvals
required by this Code and any other applicable laws, and does not indicate that
the development for which the Variance is granted should receive approval of
other applications for a development permit required under this Code unless
the relevant and applicable portions of this Code or any other applicable laws
are met.
B. Unless it expires in accordance with provision (ii) below, an approved
Variance—including any approved plans and documents and conditions of
approval—shall run with the land, shall be binding on the landowners and their
successors and assigns, and shall not be affected by a change in ownership. All
decisions, determinations, and interpretation by City staff shall be consistent
with the approved Board Order granting the Variance.
(ii) Expiration of Approval
A Variance shall automatically expire if development allowed by the Variance is not
commenced or other relief provided by the Variance does not take place within one
year after the date the Variance is approved. This time period may be extended under
§10-5.3(J)(3)(b)(ii), Extension of Expiration Time Period.
(4) Review Standards
(a) General Variance Review Standards
A Variance application shall be approved only if the Planning Board reaches each of the
following conclusions, based on findings of fact supported by competent, substantial,
and material evidence presented at the hearing:
(i) There are special conditions and circumstances (such as topographic conditions or
the narrowness, shallowness, or shape of the lot) pertaining to the particular
property for which the Variance is sought, that do not generally apply to other
property subject to the standard from which the Variance is sought;
(ii) The special conditions and circumstances referred to above are not the result of the
actions of the landowner;
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(Q) Variance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 288
(iii) Because of the special conditions and circumstances referred to above, the literal
application of this Code to development of the property for which the Variance is
sought would effectively deprive the landowner of rights commonly enjoyed by
other properties subject to the standard from which the Variance is sought, and
would result in unnecessary and undue hardship on the landowner;
(iv) The Variance would not confer any special privilege on the landowner that is denied
by law to other similarly situated properties subject to the standard from which the
Variance is sought;
(v) The extent of the Variance is the minimum necessary to allow a reasonable use of
the property;
(vi) The Variance is in harmony with the general purpose and intent of this Code and
preserves its spirit;
(vii) The Variance would not adversely affect the health or safety of persons residing or
working in the neighborhood, be injurious to property or improvements in the
neighborhood, or otherwise be detrimental to the public welfare; and
(viii) The Variance is consistent with the Comprehensive Plan.
(b) Insufficient Grounds for Approving Variances
(i) The following factors shall not constitute sufficient grounds for approval of any
Variance:
A. A request for a particular use that is expressly, or by inference, prohibited in
the zoning district;
B. Hardships resulting from factors other than application of requirements of this
Code;
C. The fact that property may be utilized more profitably or be more marketable
with a Variance; or
D. The citing of nonconformities in the same or other zoning districts.
(ii) Should an applicant wish to appeal a decision by the Planning Board, they shall
follow the provisions of §10-5.4(R), Administrative Appeal.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(R) Administrative Appeal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 289
(R) Administrative Appeal
(1) Purpose
The purpose of this section is to establish an administrative remedy whereby persons
claiming to having been aggrieved by a decision of the Director or other administrative official
in administering this Code may appeal that decision administratively.
(2) Right to Appeal
Any party aggrieved by a decision, interpretation, or order made by the Director or other
administrative official in administering or enforcing the provisions of this Code may appeal
the decision, interpretation, or order to the Planning Board by submitting an Administrative
Appeal application to the Director within 30 days after the decision, interpretation, or order
being appealed.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Administrative Appeal applications and
note any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D), subject to the following:
(i) The application shall:
A. Identify the decision, interpretation, order being appealed;
B. State facts demonstrating that the applicant is a party aggrieved by the
decision, interpretation, or order being appealed;
C. Describe the alleged error in the decision, interpretation, or order being
appealed and the grounds on which the applicant contends that an error was
made;
D. Set forth facts and materials in support of the appeal; and.
E. Set forth the relief the applicant seeks.
(ii) Except for appeals of the amount of an imposed civil penalty, submittal and
acceptance of an Administrative Appeal application stays all work on the premises
(if the appeal pertains to a particular development site) and stays all City actions in
furtherance of the decision, interpretation, or order being appealed unless the
Director certifies to the Planning Board that, because of facts stated in the
certification, a stay would cause imminent peril to life or property. In that case, City
actions may not be stayed except by a restraining order granted by the Planning
Board or by a court of record on petition, after notice to the Director, and for due
cause shown.
(b) Staff Transmittal of Materials to Planning Board
The Director shall:
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(R) Administrative Appeal
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 290
(i) Refer the application to the administrative official whose decision, interpretation, or
order is being appealed;
(ii) Collect and compile all documents and other materials relevant to the decision,
interpretation, or order being appealed; and
(iii) Transmit the application and relevant documents and other materials to the
Planning Board in accordance with §10-5.3(E)(3)(b).
(c) Scheduling and Public Notice of Hearing
The application shall be scheduled, and required public notices provided, for the
Planning Board hearing in accordance with §10-5.3(F). If the appeal is of a decision,
notice of the hearing shall also be sent to the applicant for the decision, if different from
the applicant for the appeal.
(d) Planning Board Review and Decision
(i) The Planning Board shall review the application, hold a quasi-judicial public hearing,
and decide the application in accordance with §10-5.3(H).
(ii) The decision shall be one of the following:
A. Affirmation of the decision, interpretation, or order being appealed (in whole or
in part);
B. Modification of the decision, interpretation, or order being appealed (in whole
or in part); or
C. Reversal of the decision, interpretation, or order being appealed (in whole or in
part).
(iii) In deciding the application, the Planning Board shall make any order, requirement,
decision, or determination that in its opinion ought to be made in the circumstances,
and shall have all the powers of the official from whom the appeal is taken.
(e) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Effect of Approval
To the extent a decision on an Administrative Appeal application pertains to
application of a particular provision of this Code in a particular circumstance, the
appeal decision shall be binding on subsequent decisions by the Director or other
administrative official in applying the same provision of this Code in the same
circumstance.
(ii) Expiration of Approval
The decision on an Administrative Appeal application does not expire, but shall
remain valid except to the extent this Code is subsequently amended to reflect any
reversal or modification of the decision, interpretation, or order that was appealed.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(S) Flex and Redevelopment Units and Acreage
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 291
(4) Review Standards
(a) The Planning Board shall review the Administrative Appeal application in accordance
with the standards of this Code applicable to the decision, interpretation, or order being
appealed, and shall base its decision solely on the record established below for the
decision, interpretation, or order being appealed. The record shall consist of the all
documents, hearing records, and other materials related to the decision, interpretation,
or order.
(b) The Planning Board may modify or reverse a decision, interpretation, or order (in whole
or in part) only if it finds that there is competent substantial evidence in the record of a
clear and demonstrable error in the administrative official’s application of the relevant
standards or provisions of this Code.
(5) Appeal of Planning Board Decisions
Appeal of any Planning Board decisions under this subsection shall be made to the City
Commission. Notice of such appeal shall be provided to the Director within 30 days of the
Planning Board decision.
(6) Appeal of City Commission Decisions
Appeal of any City Commission decision made under this Code shall be to the courts.
(S) Flex and Redevelopment Units and Acreage
(1) Purpose
The Broward County Land Use Plan establish flexibility in order to facilitate the arrangement
of densities and intensities, and allow local governments and the private sector to respond to
changing condition. The City’s certified land use plan may rearrange the residential densities
shown on the Broward County Land Use Plan Map utilizing “flexibility units” and/or
“redevelopment units” in accordance with the rules established within the “Administrative
Rules Document: Broward Land Use Plan.” The purpose of this subsection is to provide a
uniform mechanism for reviewing applications for assignment of flex/redevelopment units
to a particular site.
(2) Applicability
(a) The procedures and standards in this subsection apply to the review of any proposal to
assign flex/redevelopment units to a particular site.
(b) An application for flex/redevelopment units may be submitted and reviewed
concurrently with an application for Rezoning.
(c) The City may approve a different arrangement of commercial and residential acreage
than shown on the Broward County Land Use Plan if consistent with all of the provisions
in §3.5 of the Broward County Administrative Rules Document: BrowardNext.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedures (see §10-5.3) applicable to the review of flex/redevelopment units applications
and note any specific variations of, or additions to, those review steps.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(S) Flex and Redevelopment Units and Acreage
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 292
(a) Pre-Application Staff Conference
The applicant shall hold a pre-application conference with City staff in accordance with
§10-5.3(B).
(b) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D). The application shall include information required in the Administrative
Manual, which at minimum shall include:
(i) A statement and appropriate documentation of the applicant's interest in the
property for which the application is filed;
(ii) The legal description of the property, accompanied by a map or survey which depicts
the location of the property in relation to major streets and landmarks;
(iii) A recorded plat or a survey of the property that has been performed within one year
preceding the date of application;
(iv) A statement of the reasons for the requested increase in density and how the
application adheres to the goals and objectives of the comprehensive master plan
and the purpose of the flex/redevelopment units concepts as stated in the plan;
(v) A statement of the number of flex/redevelopment units requested and the overall
number of dwelling units and the gross density with respect to the project which will
result from the approval of the application and a statement as to the gross density
which would apply if the application were disapproved;
(vi) An executed agreement providing that there shall be no application for any
development permit as defined in the land use plan, unless and until the City
Commission has found that all development review requirements have been met, or
proof that all development review requirements have been satisfied;
(vii) Such other information as shall be deemed by the Director to be necessary in order
to evaluate the application; and
(viii) A statement of land proposed to be dedicated, or payment in lieu of dedication for
recreational, drainage or other municipal purposes per unit to be granted.
(c) Staff Review and Action
The Director shall review the application and prepare a staff memorandum and
recommendation in accordance with §10-5.3(E).
(d) Scheduling and Public Notice of Hearings
The application shall be scheduled, and required public notices provided, for Planning
Board and City Commission hearings in accordance with §10-5.3(F).
(e) Planning Board Review and Action
The Planning Board shall review the application, hold a quasi-judicial public hearing, and
make a recommendation in accordance with §10-5.3(G).
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(S) Flex and Redevelopment Units and Acreage
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 293
(f) City Commission Review and Decision
(i) The City Commission shall review the application, hold a quasi-judicial public
hearing in accordance with §10-5.3(I), and decide the application in accordance with
§10-5.3(H).
(ii) The decision shall be one of the following:
A. Approve the application with the number of flex/redevelopment units
proposed;
B. Approve the application with a reduced number of flex/redevelopment units;
C. Deny the application;
D. Remand the application back to the Director and Planning Board for further
consideration. (This may require further public hearing notices and additional
review fees.)
(g) Post-Decision Actions and Limitations
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Agreement
If the application is approved, the applicant and the City shall prepare and execute an
agreement that shows the terms and conditions for the approved assignment of
flex/redevelopment units. The applicant or the City may elect to record the
agreement in the public records.
(ii) Payment or Dedication of Consideration
The consideration for the flex/redevelopment units (land to be dedicated or the
payment in lieu of dedication for recreational, drainage or other municipal
purposes) shall be paid or dedicated at the time of approval of an application for
flex/redevelopment units or in accordance with such other schedule or payment
established by resolution of the Commission. This consideration is in addition to
other fees and charges applicable to the development of property required by this
Code.
(iii) Effect of Approval
Approval of a flex/redevelopment units application authorizes assignment of the
approved flex/redevelopment units to the subject property and reduces the number
of flex/reserve units available for use elsewhere by a corresponding number. Such
approval does not itself authorize specific development activity.
(iv) Expiration of Approval
A flex/redevelopment unit assignment does not expire, but shall remain valid unless
and until the revised Comprehensive Plan is subsequently amended in accordance
with this subsection’s Comprehensive Plan Amendment procedure.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(T) Newsrack Certificate of Compliance
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 294
(4) Review Standards
Assigning flex/redevelopment units is a matter committed to the legislative discretion of the
City Commission In deciding the application, the City Commission shall consider the
characteristics of the development proposed to use the assigned flex/redevelopment units
and whether it:
(a) Would be consistent with the Comprehensive Plan;
(b) Would address a community need;
(c) Would be compatible with the surrounding area;
(d) Could be adequately served by City and Broward County facilities and services; and
(e) Would provide sufficient dedication of land for municipal purposes, or payment in lieu of
such dedication.
(T) Newsrack Certificate of Compliance
(1) Purpose
The purpose of this subsection is to provide a uniform mechanism for reviewing applications
for Newsrack Certificates of Compliance to ensure the placement of newsracks complies
with standards in Chapter 20, Article V of this City Code.
(2) Applicability
A Newsrack Certificate of Compliance is required before the placement of any newsrack. An
Improvement Permit is required for a newsrack located within a public easement of right-of-
way.
(3) Procedure
Table 10-5.1: and the following subsections identify those steps in the common review
procedure (see §10-5.3) applicable to the review of Newsrack Certificate of Compliance
applications and note any specific variations of, or additions to, those review steps.
(a) Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in accordance
with §10-5.3(D) except that applications may also be submitted by the publisher or
distributor of publications to be displayed in the proposed newsrack(s).
(b) Staff Review and Action
The Director shall review the application, allow revisions of the application, and decide
the application in accordance with §10-5.3(E). The decision shall be one of the following:
(i) Approve the application as submitted;
(ii) Approve the application subject to conditions; or
(iii) Deny the application.
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(U) Zoning in Progress Determination
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 295
(c) Post-Decision Actions
The post-decision actions and limitations in §10-5.3(J) shall apply to the application
except as follows:
(i) Certificate of Insurance and Indemnification Agreement
Before issuance of an approved Newsrack Certificate of Compliance, the publisher
or distributor of publications to be displayed in the approved newsrack(s) shall
furnish the City the certificate of insurance and execute any indemnification
agreement required by Chapter 20, Article V, of the City Code.
(ii) Effect of Approval
A Newsrack Certificate of Compliance authorizes placement of the approved
newsrack(s) in accordance with the terms and conditions of the certificate.
(iii) Expiration of Approval
A Newsrack Certificate of Compliance does not expire.
(4) Review Standards
An application for a Newsrack Certificate of Compliance shall be approved only if the Director
determines that the proposed newsrack will comply with applicable standards for
newsracks, as well as all other applicable standards in this Code.
(U) Zoning in Progress Determination
(1) Purpose
The purpose of this subsection is to provide an administrative and legislative procedure
whereby the City can place a temporary hold on development permits and approvals if there
are pending active efforts underway to amend this Code in a way that would preclude such
permits and approvals should the pending amendment be adopted.
(2) Applicability
(a) From the time the Director determines that:
(i) the City is actively developing and processing a proposal to amend this Code in a way
that would preclude permits and approvals of certain uses and development, and
(ii) authorization or approval of such uses and development before the proposed
amendment is decided would be detrimental to the public interest,
the City shall not grant any development permit or approval, or accept any application for
a development permit or approval, that authorizes or proposes development that would
not be allowed under the proposed amendment to this Code.
(b) The determination of when a proposal to amend this Code is being actively developed and
processed may be based on when the City Commission or Planning Board first directed
or requested the Director to prepare the amendment in sufficiently specific terms to
understand the proposed amendment’s impact on certain uses or forms of development,
or when the Director first recommended the amendment to the Planning Board or City
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(U) Zoning in Progress Determination
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 296
Commission in sufficiently specific terms to understand the proposed amendment’s
impact on certain uses or forms of development.
(3) Procedure
(a) Director’s Determination and Administrative Order
(i) On making a zoning in progress determination in accordance with §10-5.4(U)(2), the
Director shall immediately issue an administrative order that delineates a specific
area(s) affected by the proposed amendment (e.g., involving a rezoning) and that:
A. Prohibits the issuance of any development permits or granting of development
approvals that would be precluded by the proposed amendment;
B. Revokes any already issued development permits or granted development
approvals that would be precluded by the proposed amendment where no
construction or substantial land development has started for the authorized
development; and
C. Prohibits the acceptance of any applications for development permits and
approvals that would be precluded by the proposed amendment.
(ii) The administrative order shall also revoke any development permit or approval
subject
(iii) All City personnel shall comply with any such administrative order, which shall be
effective until reversed or modified by resolution of the City Commission or until the
adoption of a Text Amendment or Rezoning implementing the proposed amendment.
(iv) Notwithstanding the administrative order, the Chief Building Official may authorize
the issuance of Building Permits for non-deleterious items—including, but not
limited to, fences, repairs, utilities, maintenance, and like matters that are not
directly affected by the proposed amendment.
(v) On issuing the administrative order, the Director shall schedule consideration of a
resolution confirming the administrative order for the next available City
Commission meeting.
(b) City Commission Conformation of Director’s Determination
(i) The City Commission shall review the Director’s zoning in progress determination
and decide whether to confirm or reject it.
(ii) If the City Commission decides to confirm the Director’s zoning in progress
determination, it shall adopt a resolution affirming the administrative order and
prohibiting the issuance of any development permits or granting of development
approvals that would be precluded by the proposed amendment, as well as the
acceptance of any applications for such development permits and approvals. If the
proposed amendment would be limited to a defined area (e.g., a Rezoning), the
Commission’s resolution shall also identify the area to which the prohibition applies.
(iii) The City Commission's resolution may fix a time within which the Director shall
report back to the Commission with specific recommendations relating to the
proposed amendment. The said time limitation shall be the minimum reasonable
time based on the time needed for a comprehensive analysis of the need for and
Article 5 Administration
10-5.4 Application-Specific Review Procedures
10-5.4(U) Zoning in Progress Determination
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 297
impacts of the proposed amendment. If the Director is unable to complete the
recommendations and report back to the City Commission within the prescribed
time period, the City Commission may adopt a resolution reasonably extending the
time period.
(c) Scheduling and Public Notice of Hearing
When prepared to submit recommendations relating to the proposed amendment to the
City Commission, the Director shall schedule and provide required public notices for a
City Commission hearing on the recommendations in accordance with §10-5.3(F).
(d) City Commission Review and Action
(i) The City Commission shall review the Director’s recommendations, hold a public
hearing, and decide whether to refer the proposed amendment to the Director to
initiate a Text Amendment application under §10-5.4(C) or a Rezoning application
under §10-5.4(E).
(ii) In making its decision, the City Commission shall consider the propriety of the
Director’s recommendations, the reasonable necessity for the amendment, and the
proposed amendment’s potential impact on affected area(s) and the probability of
detriment to the character of those areas by the continued application of the existing
regulations. The Commission’s consideration shall be based on criteria that include,
but are not limited to, the following:
A. Promotion of redevelopment and elimination of the causes of physical and
economic blight;
B. Enrichment of the visual and functional quality of the streetscape for all user
groups;
C. Creation of housing/affordable housing opportunities and choices by
presenting innovative mixed land-use proposals;
D. Creation of an environment which fosters economic development through
commercial redevelopment/revitalization, investment and job creation;
E. Creation of opportunities and incentives that facilitate redevelopment of
private property;
F. Improvement of circulation for pedestrians, bicyclists and motorists;
G. Maintenance of Tamarac's strong demographic make-up and enhancement of
the community's competitive position within Broward County;
H. Improper land use distribution; or
I. Any other factor that has a deleterious effect on the quality of life of the
residents of affected areas, economic viability, and overall environment.
(e) Termination of Zoning in Progress Determination and Orders
The zoning in progress determination and resulting prohibitions in a confirmed
administrative order (see §10-5.4(U)(3)(a)(i)) shall continue until adoption of the
Article 5 Administration
10-5.5 Enforcement
10-5.5(A) General
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 298
Amendment to Text of Development Code or Rezoning implementing the proposed
amendment.
10-5.5 Enforcement
(A) General
(1) Purpose
This section establishes and references procedures through which the City seeks to ensure
compliance with the provisions of this Code and obtain corrections for Code violations. It also
sets forth the remedies and penalties that apply to violations of this Code. The provisions of
this section are intended to encourage the voluntary correction of violations, where possible.
This section is intended to complement the code enforcement system established in Division
2 (Code Compliance) of Chapter 2 (Administration) of the Tamarac City Code and used by the
City for enforcement of City regulations.
(2) Compliance Required
Compliance with all the procedures, standards, and other provisions of this Code is required
by all persons owning, developing, managing, using, or occupying land or structures in the
City.
(B) Violations and Responsible Persons
(1) Violations Generally
(a) Failure to Comply With Code or Term or Condition of Approval Constitutes Code Violation
Any failure to comply with a standard, requirement, prohibition, or limitation imposed by
this Code, or the terms or conditions of any development permit or development order or
authorization granted in accordance with this Code shall constitute a violation of this
Code punishable as provided in this section.
(b) Development Permits or Approvals Only Authorize Development Approved
Development permits or approvals issued under this Code authorize only the specific
use, arrangement, location, design, density or intensity, and development set forth in
such development permit or approval.
(2) Specific Violations
It shall be a violation of this Code to undertake any activity contrary to the provisions of this
Code, including but not limited to any of the following:
(a) Develop land or a structure without first obtaining all appropriate development permits
and approvals, and complying with their terms and conditions.
(b) Occupy or use land or a structure without first obtaining all appropriate development
permits and approvals, and complying with their terms and conditions.
(c) Subdivide land without first obtaining all appropriate development permits and
approvals required to engage in subdivision, and complying with their terms and
conditions.
Article 5 Administration
10-5.5 Enforcement
10-5.5(C) Enforcement Responsibility and Procedures
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 299
(d) Excavate, grade, cut, clear, or undertake any land disturbing activity without first
obtaining all appropriate development permits and approvals, and complying with their
terms and conditions.
(e) Remove existing trees from a site or parcel of land without first obtaining appropriate
development permits and approvals, and complying with their terms and conditions.
(f) Disturb any landscaped area or vegetation required by this Code.
(g) Install, create, erect, alter, or maintain any sign without first obtaining the appropriate
building permits and approvals, and complying with their terms and conditions.
(h) Fail to remove any sign installed, created, erected, or maintained in violation of this Code,
or for which the relevant development permit or approval has expired.
(i) Create, expand, replace, or change any nonconformity except in compliance with this
Code.
(j) Reduce or diminish the requirements for development, design, or dimensional
standards below the minimum required by this Code.
(k) Increase the intensity or density of development, except in accordance with the
standards of this Code.
(l) Utilize or operate a business out of a structure without obtaining and maintaining a valid
Business Tax Receipt.
(m) Through any act or omission, fail to comply with any other provisions, procedures, or
standards as required by this Code.
(3) Responsible Persons
The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder,
contractor, agent, or any other person who participates in, assists, directs, creates, or
maintains a situation that constitutes a violation of this Code may be held responsible for the
violation and subject to the remedies and penalties set forth in this article.
(C) Enforcement Responsibility and Procedures
(1) Responsibility for Enforcement
The Code Inspectors, Code Prosecutor, and Special Magistrate established and provided code
enforcement authority under Division 2 (Code Enforcement) of Chapter 2 (Administration) of
the Tamarac City Code shall have primary responsibility for enforcing the provisions of this
Code in accordance with Chapter 2 and this section. All other officers and employees of the
City shall have the duty to assist in enforcing this Code by reporting apparent violations of this
Code to a Code Inspector authorized by Chapter 2.
(2) Complaints Regarding Violations
Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a
complaint with a Code Inspector authorized by Division 2 (Code Enforcement) of Chapter 2
(Administration) of the Tamarac City Code. The complaint shall state fully the cause and basis
for the alleged violation.
Article 5 Administration
10-5.5 Enforcement
10-5.5(D) Remedies and Penalties
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 300
(3) Inspections
On presenting proper credentials, a Code Inspector may enter on land or inspect any
structure to ensure compliance with the provisions of this Code. These inspections shall be
carried out during normal business hours unless the Code Inspector determines there is an
emergency necessitating inspections at another time.
(4) Enforcement Procedure
The provisions of this Code shall be enforced in accordance with the procedures in Division 2
(Code Enforcement) of Chapter 2 (Administration) of the Tamarac City Code.
(D) Remedies and Penalties
(1) General
The Director may use any combination of the following remedies and enforcement powers to
administer and enforce this Code, in addition to remedies and enforcement powers
authorized by Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac
City Code.
(2) Civil Remedies
(a) Issuance of Stop Work Order
Whenever construction, demolition, renovation, alteration, or repair of a structure—or
work involving landscaping or trees—is being conducted in violation of any applicable
provision of this Code, the Chief Building Official may issue a Stop Work Order. The Stop
Work Order shall be in writing, directed to the person doing the work, and shall state the
specific work to be stopped, the specific reasons for cessation, and the action(s)
necessary to lawfully resume work.
(b) Revocation of Permit or Approval
The City Manager may revoke any development permit or approval by written notice to
the holder when false statements or misrepresentations were made in securing the
development permit or approval, work is being or has been done in substantial
departure from the approved application or plan, there has been a failure to comply with
the requirements of this Code, or a development permit or approval has been mistakenly
granted in violation of this Code.
(c) Denial or Withholding of Related Permits
The City Manager may deny or withhold authorization to use or develop any land,
structure, or improvements until an alleged violation related to such land, use, or
development is corrected and any associated civil penalty is paid.
(d) Citations and Civil Penalties
The City may issue citations and impose civil penalties in accordance with the
procedures and standards in Division 2 (Code Enforcement) of Chapter 2
(Administration) of the Tamarac City Code.
Article 5 Administration
10-5.6 Review Authorities
10-5.5(D) Remedies and Penalties
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 301
(e) Injunction
In accordance with Division 2 (Code Enforcement) of Chapter 2 (Administration) of the
Tamarac City Code, the City may seek injunctive relief where the Special Magistrate
believes a violation presents a serious threat to the public health, safety, and welfare.
(f) Order of Abatement
(i) In addition to an injunction, the City may apply for and the court may enter an Order
of Abatement as part of the judgment in the case. An Order of Abatement may direct
any of the following actions:
A. That buildings or other structures on the land be closed, demolished, or
removed;
B. That fixtures, furniture, or other moveable property be moved or removed
entirely;
C. That improvements, alterations, modifications, or repairs be made;
D. That removed trees be replaced; or
E. That any other action be taken as necessary to bring the land into compliance
with this Code
(ii) The City may execute an Order of Abatement.
(g) Equitable Remedy
The City may apply to a court of law for any appropriate equitable remedy to enforce the
provisions of this Code. The fact that other remedies are provided under general law or
this Code shall not be used by a violator as a defense to the City’s application for
equitable relief.
(3) Criminal Penalties
Any person violating any of the provisions of this Code or who fails to abide by or obey all
orders and resolutions promulgated as herein provided, shall be guilty of a misdemeanor of
the second degree, and shall be subject to all criminal penalties authorized by the State of
Florida for such violation. Fines and liens may be imposed by the Special Magistrate in
accordance with Division 2 (Code Enforcement) of Chapter 2 (Administration) of the Tamarac
City Code.
(4) Cumulative Remedies and Penalties
The remedies and penalties provided for violations of this Code, whether civil or criminal,
shall be cumulative and in addition to any other remedy or penalty provided by law, and may
be exercised in any order.
10-5.6 Review Authorities
This section identifies the roles and responsibilities of City staff and City boards involved in the
review of development applications.
Article 5 Administration
10-5.6 Review Authorities
10-5.6(A) City Staff
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 302
(A) City Staff
(1) Community Development Director
(a) General
The Community Development Director (Director) is the City official responsible for
administering provisions of this Code. The Director may delegate any review or decision-
making authority to any management staff in the Community Development Department
and may delegate clerical authority to any staff in the Community Development
Department.
(b) Powers and Duties
(i) Review of Development Applications
The Director shall have the review, recommendation, and decision-making authority
and responsibilities shown in Table 10-5.1: Summary of Development Review
Procedures.
(ii) Other Powers and Duties
The Director shall have the following additional powers and duties under this Code:
A. To conduct pre-application conferences (§ 10-5.3(B));
B. To serve as Chair of the Development Review Committee and participate in the
review of development applications as a member of the Committee;
C. To establish requirements for the contents and format of development
applications reviewed under this Code, and a schedule for the submittal and
review of such applications;
D. To develop, adopt, and amend an administrative manual that may specify
detailed submittal and procedural requirements for various development
applications (e.g., application forms, checklists for plans and other documents
to be submitted with applications, the content and scale/format of such plans
and documents, schedules and timelines for application review steps), identify
application fees (as established by the City Commission), summarize
development review procedures and standards to facilitate the use and
understanding of them, and include detailed specifications and illustrations
identifying how this Code’s standards for landscaping, public infrastructure,
and other aspects of development may be met;
E. To monitor the impact of existing and committed development on public
facilities subject to levels of service standards (concurrency monitoring);
F. To maintain the official Zoning Map and related materials;
G. To serve as professional staff to the Planning Board and City Commission;
H. To assist in enforcing this Code in accordance with §10-5.5, Enforcement;
I. To interpret the provisions of this Code in accordance with the standards in
Article 6, Rules of Construction and Definitions;
Article 5 Administration
10-5.6 Review Authorities
10-5.6(A) City Staff
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 303
J. To provide expertise and technical assistance to the City’s review and
decision-making bodies on request;
K. To maintain on file a record of all development applications reviewed under
this Code and make copies available on request through the City’s Public
Record request process;
L. To assist the Planning Board in preparing and maintaining the Comprehensive
Plan; and
M. To perform such other functions specified in Division 2 (Community
Development), Article IV (Departments) of Chapter 2 (Administration) of the
Municipal Code.
(2) Chief Building Official
(a) General
The Chief Building Official is the City official responsible for reviewing building plans for
compliance with the Building Code, including review and deciding applications for a
Building Permit (§10-5.4(N)) and a Certificate of Occupancy (§10-5.4(O)). The Chief
Building Official may delegate any review or decision-making authority to any
professional-level staff in the Building Department and may delegate clerical authority
to any staff in the Building Department.
(b) Powers and Duties
In addition to the powers authorized by the Building Code, the Chief Building Official shall
have the following powers and duties under this Code.
(i) Review of Development Applications
The Chief Building Official shall have the review, recommendation, and decision-
making authority and responsibilities shown in Table 10-5.1: Summary of
Development Review Procedures.
(ii) Other Powers and Duties
The Chief Building Official shall have the following additional powers and duties
under this Code:
A. To participate in the review of development applications as a member of the
Development Review Committee;
B. To assist the Director in establishing requirements for the contents of
development applications reviewed under this Code, on request;
C. To assist the Director in developing and maintaining an administrative manual,
on request;
D. To assist in enforcing this Code in accordance with §10-5.5; and
E. To provide expertise and technical assistance to the City’s review and
decision-making bodies on request.
Article 5 Administration
10-5.6 Review Authorities
10-5.6(A) City Staff
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 304
(3) Development Review Committee
(a) General
The Development Review Committee (DRC) is an advisory group of City staff members
and outside agencies (as necessary) who meet to review and comment on major
development applications and discuss other matters related to the City’s review and
management of development.
(b) Powers and Duties
(i) Review of Development Applications
The Development Review Committee shall have the review authority and
responsibilities shown in Table 10-5.1: Summary of Development Review
Procedures.
(ii) Other Powers and Duties
The Development Review Committee shall have the following additional powers and
duties under this Code:
A. Provide expertise and technical assistance to the City’s review and decision-
making bodies on request; and
B. Review and comment on proposed amendments.
(iii) Membership
A. The Development Review Committee shall consist of the Director and the City
Engineer, plus representatives from each of the following City or County
departments and divisions typically involved with review of development, as
designated by the head of the department or division:
1. Community Development Department, Planning and Zoning Division;
2. Public Services Department;
3. Building Department;
4. Fire Rescue Department; and
5. Broward County Sheriff’s Office, at the Director’s discretion.
B. On request by the Director, representatives from other City departments or
divisions (e.g., Code Enforcement Division, Parks and Recreation Department)
and from outside regulatory agencies, service providers, and organizations
generally involved with development review or commonly affected by
development in Tamarac may participate in committee meetings.
(iv) Chair and Vice-Chair
The Director or designee shall serve as Chair of the Development Review
Committee, and shall schedule meetings, coordinate committee activities, preside
over committee meetings, prepare committee reports, and serve as liaison to the
departments and agencies involved for clarification of issues and resolution of
Article 5 Administration
10-5.6 Review Authorities
10-5.6(A) City Staff
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 305
conflicts. The City Engineer or designee shall serve as Vice-Chair, and shall preside
over board meetings in the absence of the Chair.
(v) Meetings
A. The Development Review Committee shall establish a regular meeting
schedule and meet frequently enough to act as expeditiously as practicable on
matters before it. The Chair may adjourn a regular meeting on determining that
there are no agenda items for consideration, and may call a special or
emergency meeting.
B. The Chairperson of the Development Review Committee may invite applicants
to attend Development Review Committee meetings as necessary to answer
questions from, or provide clarifications requested by, Development Review
Committee members.
C. Development Review Committee meetings are open to the public.
(4) City Attorney
(a) General
The City Attorney is appointed by the City Commission and serves as its legal advisor.
(b) Powers and Duties
In addition to the authority and duties conferred by general law and the City Commission,
the City Attorney shall have the following powers and duties under this Code:
(i) To review and approve as to form all written findings of fact, conclusions of law,
development permits, ordinances, and other documents drafted by the City
Commission, Planning Board, Development Review Committee, Director, and City
departments in connection with any requirement of this Code;
(ii) To review as to form all agreements, easements, declarations of covenants,
performance or maintenance guarantees, or other such documentation in
connection with any requirement of this Code;
(iii) To assist the Director in interpreting the provisions of this Code;
(iv) To assist in enforcing this Code and in prosecuting actions against violators in
accordance with §10-5.5; and
(v) To counsel the City Commission, Planning Board, Director, and City departments in
the review of development applications and the general implementation of this
Code.
(5) Special Magistrate
In accordance with Division 2 (Code Enforcement Board) of Chapter 2 (Administration) of the
Municipal Code, the Special Magistrate is established to provide an equitable, expeditious,
effective, and inexpensive method of enforcing all City building codes and ordinances,
including this Code. The Special Magistrate is appointed by the City Commission and is
authorized to hold administrative hearings on alleged violations of City building codes and
Article 5 Administration
10-5.6 Review Authorities
10-5.6(B) Planning Board
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 306
ordinances referred to it by inspectors and other City staff, and to assess fines against the
violators.
(B) Planning Board
(1) Establishment and Designation as Local Planning Agency
The Planning Board is hereby established in accordance with State law and designated the
local planning agency as provided for by the Community Planning Act.
(2) Powers and Duties
To exercise the authority granted it by State law and the City Charter, the Planning Board
shall have the following powers and duties under this Code.
(a) Review of Development Applications
The Planning Board shall have the review and recommendation authority and
responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.
(b) Other Powers and Duties
(i) LDC Amendment, Implementation, and Enforcement
The Planning Board shall advise and make recommendations to the City
Commission concerning proposed revisions to, or issues concerning the
implementation and enforcement of, the provisions of this Code.
(ii) Comprehensive Plan
The Planning Board shall:
A. Prepare a Comprehensive Plan in accordance with the Community Planning
Act, and make recommendations to the City Commission regarding adoption of
the Plan; and
B. Monitor and oversee the effectiveness and status of the Comprehensive Plan
and submit periodic reports on the Plan to the City Commission as required by
Florida Statutes.
(iii) Other
The Planning Board shall:
A. Have all other powers and duties of a planning board as provided by the
Community Planning Act.
B. Have any other powers and duties delegated to it by the City Commission,
consistent with State law.
(c) Membership, Appointment, and Terms of Office
(i) Membership and Appointment
A. The Planning Board shall consist of:
Article 5 Administration
10-5.6 Review Authorities
10-5.6(B) Planning Board
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 307
1. Five regular voting members appointed by the City Commission in
accordance with subsection 2-56 et seq. of the Municipal Code;
2. Two alternate members appointed by a majority vote of the Mayor and
Commissioners; and
3. One ex officio, non-voting member designated by the Broward County
School Board in accordance with F.S. §163.3174.
B. Each member of the Planning Board shall be a resident of the city.
C. The Chair of the Planning Board shall assign alternate members, generally on
a rotating basis, to serve as substitutes for regular members who are
temporarily absent or disqualified. When substituting for a regular member, an
alternate member shall have the same powers and duties as the replaced
regular member.
D. The member designated by the School Board may participate in all matters
related to land use and zoning matters which, if approved, would increase
residential density.
E. Any interested citizen may be appointed to the Planning Board, but those with
experience or interest in the following areas shall receive special
consideration:
1. Architecture;
2. Law;
3. Land development;
4. Real estate development or sales;
5. Environmental science;
6. Urban planning;
7. Engineering; or
8. Activism in a neighborhood, condominium, or homeowners’ association.
(ii) Terms
A. Regular members of the Planning Board shall be appointed for four-year
terms that are staggered to concur with the election of Commissioners for
odd-numbered districts and Commissioners for even-numbered districts and
the Mayor. Such terms shall coincide with the term of the nominating
Commissioner and expire when that term expires or is vacated, or until a
successor is appointed.
B. Alternate members of the Planning Board shall be appointed for four-year
terms that concur with the election of the Mayor. Such terms shall coincide
with the term of the Mayor and expire when that term expires, or until a
successor is appointed.
Article 5 Administration
10-5.6 Review Authorities
10-5.6(B) Planning Board
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 308
(iii) Attendance
A Planning Board member may be removed and replaced for absenteeism from
regular Board meetings in accordance with §2-31 of the Municipal Code.
(iv) Removal of Board Members
Notwithstanding anything in this subsection to the contrary, any member of the
Planning Board may be removed in the manner prescribed by F.S. §163.180(2) or by
four-fifths vote of the City Commission if no written notice or public hearing is
granted to the member.
(d) Staff
The Director or designee shall serve as the professional staff for the Planning Board and
as the Board’s secretary, providing it administrative support, notifying members of
board meetings, and keeping the minutes of meetings.
(e) Officers
(i) The Planning Board shall elect a Chair and Vice-Chair from among its members in
accordance with §2-31 of the Municipal Code.
(ii) The Chair shall preside over all Board meetings. The Vice-Chair shall preside over
Board meetings in the absence of the Chair. If both the Chair and Vice-Chair are
absent, the Board shall vote to determine who shall serve as acting Chair for the
meeting.
(f) Meetings
(i) Meeting Schedule
The Planning Board shall establish a schedule of regular meetings, including the
date, time, and location of meetings. The Chair may adjourn a regular meeting on
determining that there are no agenda items for consideration, and may call a special
or emergency meeting in accordance with State law.
(ii) Meeting Notice
Notice of all Planning Board meetings shall be provided in accordance with State
law and the requirements in §10-5.3(F), Scheduling and Notice of Public Hearings.
(iii) Open Meetings
All Planning Board meetings shall be open to the public in accordance with State
law.
(iv) Meeting Procedure
In conducting its meetings, the Planning Board shall follow Robert's Rules of Order,
Newly Revised, consistent with the procedural requirements of this Code and State
law.
Article 5 Administration
10-5.6 Review Authorities
10-5.6(C) City Commission
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 309
(v) Meeting Record
The Planning Board shall keep full and accurate minutes of its meetings in
accordance with State law, including its findings and decisions and the votes
thereon. Meeting minutes shall be a public record in accordance with State law.
(vi) Quorum and Vote
A. Quorum
A majority of the Planning Board’s regular membership shall constitute a
quorum. No official business of the Board shall be conducted without a quorum
present.
B. Voting
The concurring vote of a majority of Planning Board members present and
constituting a quorum shall be required for all decisions of the Board, other
than to adjourn a meeting for lack of a quorum.
(g) Conflict of Interest and Code of Ethics
Planning Board members are subject to the Tamarac Conflict of Interest Ordinance and
the City of Tamarac Code of Ethics for Public Officers (Article V (Conflicts of Interest) and
XI (Code of Ethics) of Chapter 2 (Administration) of the Municipal Code.
(C) City Commission
(1) General
The City Commission is the governing or legislative body of the City and has sole authority to
adopt or amend provisions in this Code and the Zoning Map.
(2) Powers and Duties
To exercise the authority granted it by State law and the City Charter, the City Commission
shall have the following powers and duties under this Code.
(a) Review of Development Applications
The City Commission shall have the review and decision-making authority and
responsibilities shown in Table 10-5.1: Summary of Development Review Procedures.
(b) Adopt Schedule of Development-Related Fees
The City Commission is authorized to adopt, by resolution, a schedule of fees governing
the review of development applications and plans, inspections, and other matters
involving the administration and enforcement of this Code.
(c) Adopt Schedule of Civil Penalties
The City Commission is authorized to adopt, by resolution, a schedule of civil penalties
for violations of this Code.
Article 5 Administration
10-5.6 Review Authorities
10-5.6(D) City Engineer
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 310
(d) Other Actions
The City Commission is authorized to take any other action not assigned or delegated to
the Director, Planning Board, or other advisory or decision-making authority as the City
Commission deems desirable and necessary to implement provisions of this Code, and
as authorized by State law.
(D) City Engineer
(1) General
The City Engineer is the City official responsible for reviewing engineering plans for
compliance with the Standard Details minimum engineering standards and City Code,
including review and deciding applications for Improvement Permits. City Engineer may
delegate any review or decision-making authority to any professional-level staff in the Public
Service Department and may delegate clerical authority to any staff in the Public Service
Department.
(2) Powers and Duties
In addition to the powers authorized by this Code, the City Engineer shall have the following
powers and duties under this Code.
(a) Review of Development Applications
The City Engineer shall have the review, recommendation, and decision-making
authority and responsibilities shown in Table 10-5.3: Summary of Development Review
Procedures.
(b) Other Powers and Duties
The City Engineer shall have the following additional powers and duties under this Code:
(i) To participate in the review of development applications as a member of the
Development Review Committee;
(ii) To assist the City Manager in establishing requirements for the contents and format
of development applications reviewed under this Code, on request;
(iii) To assist the City Manager in developing and maintaining an administrative manual,
on request;
(iv) To assist in enforcing this Code in accordance with Sec. 10-5.6:; and
(v) To provide expertise and technical assistance to the City’s review and decision-
making bodies on request.
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 311
ARTICLE 6. RULES OF CONSTRUCTION AND DEFINITIONS
10-6.1 Rules of Construction
(A) Meanings and Intent
All provisions, terms, phrases, and expressions contained in this Code shall be construed
according to the general purposes set forth in §10-1.4, Purpose, and the specific purpose
statements set forth throughout this Code. When, in a specific section of this Code, a different
meaning is given for a term defined for general purposes in this Article 6, the specific section’s
meaning and application of the term shall control.
(B) Headings, Illustrations, and Text
In the event of a conflict or inconsistency between the text of this Code and any heading, caption,
figure, illustration, table, or map, the text shall control.
(C) Lists and Examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as “for
example,” “including,” and “such as,” or similar language are intended to provide examples and are
not exhaustive lists of all possibilities.
(D) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by the city, the deadline or required date of action shall be the next day that is not a
Saturday, Sunday, or holiday observed by the City. References to days are calendar days unless
otherwise stated.
(E) References to Other Regulations/Publications
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall
be construed as a reference to the most recent edition of such regulation, resolution, ordinance,
statute, regulation, or document, unless otherwise specifically stated.
(F) Delegation of Authority
Any act authorized by this Code to be carried out by a specific official of the City may be carried out
by a designee of such official.
(G) Technical and Non-Technical Terms
Words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases that may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning.
(H) Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the City of
Tamarac, Florida, unless otherwise indicated.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.1(I) Mandatory and Discretionary Terms
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 312
(I) Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature, establishing an obligation or duty to
comply with the particular provision. The words “may” and “should” are permissive in nature.
(J) Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected items, conditions, provisions or events apply; and
(2) “Or” indicates that one or more of the connected items, conditions, provisions, or events
apply.
(K) Tenses, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular number
include the plural number and the plural number includes the singular number, unless the
context of the particular usage clearly indicates otherwise. Words used in the masculine gender
include the feminine gender, and vice versa.
10-6.2 Use Categories and Use Types Defined
(A) Residential Uses
(1) Household Living
Uses characterized by residential occupancy of a dwelling unit by a household. Tenancy is
arranged on a month-to-month or longer basis. (Lodging where tenancy may be arranged for
a period of less than 30 days is classified under the “lodging facilities” category). Common
accessory uses include recreational activities, raising of pets, gardens, personal storage
buildings, hobbies, and parking of the occupants’ vehicles. Specific use types include:
(a) Dwelling, Live/Work
An integrated housing unit and working space, occupied and used by a single household
in either a single-family dwelling or multifamily dwelling in a mixed use or non-
residential zone district, that has been designed or structurally modified to
accommodate joint residential occupancy and work activity.
(b) Dwelling, Manufactured Home
A factory-built structure, transportable in one or more sections, that is built on a
permanent chassis and designed to be used as a dwelling when connected to the
required utilities, and includes the plumbing, heating, air conditioning and electrical
systems contained therein. This includes any structure with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the United
States Department of Housing and Urban Development and complies with the standards
established under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. § 5401 et seq.), as amended. This does not include travel
trailers or recreation vehicles.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(A) Residential Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 313
(c) Dwelling, Multi-family
A building or portion of a building used for occupancy by three or more dwelling units.
For purposes of this ordinance, a condominium structure containing three or more
individual dwelling units shall be defined as a multiple family dwelling unit.
(d) Dwelling, Single-family
A detached building designed for or occupied exclusively by one family.
(e) Dwelling, Two-family
A detached dwelling, on a single lot, divided horizontally or vertically, and designed to
contain two dwelling units occupied by two families living independently of each other.
(2) Group Living
Uses characterized by residential occupancy of a structure by a group of people who do not
meet the definition of “household living.” Tenancy is arranged on a monthly or longer basis,
and the size of the group may be larger than a family. Generally, group living structures have
a common eating area for residents. The residents may receive care, training, or treatment,
and caregivers may or may not also reside at the site. Accessory uses commonly include
recreational facilities and vehicle parking for occupants and staff. Specific use types include:
(a) Assisted Living Facility or Nursing Home or Convalescent Facility
Residential care facilities that provide housing, meals, personal care, and supportive
services to older persons and disabled adults who are unable to live independently. Any
building(s) or part(s) of a building or residential facility, including licensed facilities, that
provides housing, meals, and one or more personal services for a period exceeding 24
hours to one or more adults who are not relatives of the owner or administrator.
Personal services includes direct physical assistance with or supervision of the
activities of daily living (e.g., eating, bathing, dressing, toileting, transferring, continence)
and the self–administration of medication and other similar services—but does not
include the provision of medical, nursing, dental, or mental health services. Accessory
uses may include dining rooms and recreation rooms for facility residents, and offices
and storage facilities for supervisory staff.
(b) Community Residential Home, Type I
A community residential home with six or fewer residents is a state-licensed dwelling
unit providing a family living environment and care for a group of six or fewer unrelated
persons who meet statutory requirements of F.S. §419.001(2), as amended. A community
residential home with six or fewer residents may include such supervision and care by
supportive staff as may be necessary to meet the physical, emotional, and social needs
of the residents.
(c) Community Residential Home, Type II
A community residential home with seven to 14 residents is a state-licensed dwelling
unit to provide a family living environment and care for seven to 14 unrelated persons
who meet statutory requirements of F.S. § 419.001(1)(a), as amended. A community
residential home with seven to 14 residents may include such supervision and care by
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(B) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 314
supportive staff as may be necessary to meet the physical, emotional, and social needs
of the residents.
(d) Continuing Care Retirement Community
A continuing care retirement facility is an integrated development that offers senior
citizens a full continuum of housing options and assistance, ranging from fully
independent dwelling units, to assistance with personal care in assisted living facilities,
to long-term skilled nursing care in a nursing home facility.
(B) Public, Institutional, and Civic Uses
(1) Community and Cultural Facilities
Uses including buildings, structures, or facilities owned, operated, or occupied by a
governmental entity or nonprofit organization to provide a service to the public. Specific use
types include:
(a) Club or Lodge, Private
Nonresidential organization of persons for special purposes or for the promulgation of
sports, arts, literature, politics, or other common goals, interests or activities,
characterized by membership qualifications, dues, regular meetings, minutes, and/or
board members. This definition includes uses such as fraternal lodge; and singing
society. This definition shall not include residential facilities or social membership clubs.
(b) Country Club
An establishment associated with a golf course that is intended as a place of social and
recreational gatherings for members of a club which may include accessory uses such
as restaurants, bar, hotel, and retail uses related to the golfing industry.
(c) Hall for Hire
A facility or hall available for lease by private parties to accommodate private functions,
and is not open to the general public. The hall may or may not include kitchen facilities for
the preparation of food. Private functions can include, but are not limited to, banquets,
weddings, anniversaries, and other similar celebrations.
(d) Library, Art Gallery, or Museum
Facilities containing collections of books, manuscripts, and similar materials for study
and reading, or exhibiting works of art or objects in one or more of the arts and sciences.
(e) Municipal Facilities
Municipal Facility uses include buildings, structures, or facilities owned, operated, or
occupied by a governmental agency to provide a service to the public.
(f) Religious Assembly
A structure or group of structures that is intended for regular gatherings of people to
attend, participate in, or conduct religious services and other related activities and
associated accessory uses. Accessory uses may include Sunday School and caretaker’s
quarters.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(B) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 315
(g) Stadium or Arena
Facilities containing stands that draw large numbers of people to specific events
primarily of a sporting variety, or shows. Activities are generally of a spectator nature,
although participatory events can also be classified as stadium uses. Accessory uses
may include concessions, restaurants, retail, and offices.
(2) Day Care Facilities
Establishments that provide care for individuals on a regular basis away from their primary
residence. Accessory uses include offices, recreation areas, and parking. This category does
not include public or private schools or facilities operated in connection with an employment
use, shopping center, or other principal use, where children are cared for while parents or
guardians are occupied on the premises.
(a) Adult Day Care Center
An adult day care center is any building(s) or part(s) of a building that provides basic
non-medical services for part of a day to three or more persons who require such
services, are 18 years of age or older, and are unrelated by blood or marriage to the
owner or operator. Basic services include providing a protective setting that is as
noninstitutional as practicable, therapeutic programs of social and health activities and
services, leisure activities, self-care training, rest, nutritional services, and respite care.
Accessory uses include recreational facilities, food preparation and eating areas, and
offices.
(b) Child Care Facility
A child care facility is a place or child care arrangement, other than an occupied
residence, that is licensed by Broward County's Child Care Licensing and Enforcement
Section per the Broward County Child Care Ordinance (Chapter 7), as amended, that
provides care for more than five children unrelated to the operator and that receives a
payment, fee, grant, or some other form of compensation for any of the children in child
care, whether or not operated for profit. A child care facility can include a before and/or
after care school program. A child care facility includes public school programs
referenced in Section 402.3025(1)(b), Florida Statutes as amended. A child care facility
does not include arrangements exempted from licensure. Arrangements exempt from
licensure include the following:
(i) Public school programs referenced in Section 402.3025(1)(a), Florida Statutes;
(ii) Summer camps having children in full-time residence;
(iii) Bible or other religious schools normally conducted during vacation periods and
sponsored and supervised by a recognized religious group or institution;
(iv) Summer day camps for school age children;
(v) Operators of transient public lodging establishments, as defined in Chapter 509,
Florida Statutes, that provide child care services solely for the guests of their
establishment (Such child care is subject to the personnel screening requirements
of the Broward County Child Care Ordinance.);
(vi) Drop-in child care (as defined in this section); and
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(B) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 316
(vii) All programs that provide child care exclusively for children grades six and above,
regardless of location.
Accessory uses include recreational facilities, food preparation and eating areas, and
offices. This use does not include family child care homes or large family child care
homes, which are accessory uses to a dwelling.
(3) Educational Facilities
Public, private, and parochial institutions at the primary, elementary, middle, high school, or
post-secondary level, or trade or business schools, that provide educational instruction to
students. Accessory uses include play areas, cafeterias, recreational and sport facilities,
auditoriums, dormitories, and before- or after-school day care. Specific use types include:
(a) Business, Trade, or Vocational School, Heavy
A specialized instructional establishment that provides more intense and impactful on-
site training of business or commercial skills, or a trade school that prepares students
for jobs in a trade (e.g., HVAC). Examples include, but are not limited to, automotive
mechanic, heavy equipment operation, and welding school.
(b) Business, Trade, or Vocational School, Light
A specialized instructional establishment that provides on-site training of business,
artistic, or commercial skills, or a trade school that prepares students for jobs in a trade
(e.g., carpentry). Examples include, but are not limited to, fine arts schools, cosmetology,
computer instructional services, and driving schools.
(c) College or University
A degree-granting institution, other than a business, trade, or vocational school, that
provides education beyond the high school level. The use includes, but is not limited to,
classroom buildings, offices, laboratories, lecture halls, athletic facilities, and
dormitories.
(d) Parochial School, Incidental
An accredited institution of learning under the sponsorship of a religious agency, having
a curriculum generally equivalent to public elementary or secondary schools, not
including commercial institutions of learning, and that is allowed as an accessory us e
under this Code, incidental to a religious assembly use on the same premises.
(e) School
An accredited institution of learning under the sponsorship of a public, private, or
religious agency, having a curriculum generally equivalent to public elementary or
secondary schools, not including commercial schools.
(4) Health Care Facilities
Uses characterized by activities focusing on medical services, that provide primary health
services and medical or surgical care to persons suffering from illness, disease, injury, or
other physical or mental conditions. Accessory uses may include laboratories, outpatient, or
training facilities, or other amenities primarily for the use of employees in the firm or
building. Specific use types include:
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(B) Public, Institutional, and Civic Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 317
(a) Clinic, Medical, Urgent Care, or Dental
A public or private facility primarily engaged in furnishing, on an outpatient basis,
chiropractic, dental, medical, surgical, medical imaging, or other services to individuals,
including the offices of chiropractors, physicians, dentists, and other health
practitioners, medical and dental laboratories, outpatient care and outpatient care
facilities. Also includes an outpatient health care facility designed to evaluate and treat
conditions that generally are not severe enough to require treatment in a hospital
emergency room but still require immediate treatment usually beyond normal physician
office hours or before a physician appointment is available. Overnight care is prohibited.
This use does not include detoxification facilities.
(b) Detoxification Facility
A facility that provides subacute care on an inpatient or an outpatient basis to assist
individuals to withdraw from the physiological and psychological effects of substance
abuse and who meet the applicable placement criteria for this type of clinical treatment
under state law.
(c) Hospital, Public or Private
An institution consisting of a single or multiple buildings or campus that provides health
services, primarily for in-patients and medical or surgical care of the sick or injured,
including related facilities such as laboratories, out-patient facilities, training facilities,
central service facilities, and staff offices. This use does not include detoxification
facilities.
(5) Parks and Open Space
Uses with a focus on natural areas, large areas consisting mostly of vegetative landscaping
or outdoor recreation, community gardens, or public squares. Lands tend to have few
structures. Accessory uses may include playgrounds, maintenance facilities, concessions,
and parking. Specific use types include:
(a) Botanical Garden
A public or private facility for the demonstration and observation of the cultivation of
flowers, fruits, vegetables, or ornamental plants without the sale of such plants.
Permitted accessory uses include gift shops, cafes, snack bars, and parking.
(b) Community Garden
A facility on private or public property for the cultivation of fruits, flowers, vegetables, or
ornamental plants by more than one person or family that is open to the public.
(c) Golf Course
A tract of land with at least nine holes for playing the game of golf and improved with
tees, greens, fairways, and hazards. Accessory uses of a golf course may include a
country club, shelters, a driving range, putting green, maintenance facilities, and an
irrigation system.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 318
(d) Park and Playground
A property used for recreational purposes whether active or passive in nature. Uses
include a neighborhood park, an urban park, a community-wide park, and/or a natural
area with buildings and facilities supporting the park or playground.
(C) Commercial Uses
(1) Agriculture and Animal-Related Services
Agricultural services involve farming, dairying, pasturage, apiculture, horticulture,
floriculture, viticulture, and animal husbandry. Animal-related services include the boarding
and care of animals on a commercial basis. Accessory uses may include confinement
facilities for animals, parking, and storage areas. Specific use types include:
(a) Agriculture, General
The raising of food and feed crops and products, and including tree and vine products,
animal husbandry including beekeeping, dairying, poultry, and pasturage. This use
includes the ordinary accessory uses and structures for preparing, treating, and storing
agricultural products, equipment and machinery, but does not include fat rendering,
meatpacking, or tanning, cutting curing, cleaning or storing of green hides or skins,
slaughtering or meatpacking of animals, or poultry dressing of animals.
(b) Animal Boarding Kennel
Any establishment where animals are lodged and cared for, exclusive of veterinary care.
Only the grooming of lodged animals is permitted.
(c) Pet Care Daily
Business primarily engaged in providing pet care services (except veterinary), such as
grooming (including pet clipping and pedicure services), pet day care services, training
pets, and incidental retail sales of pet care products. No overnight stay is allowed.
(d) Stable
A facility to house horses and provide riding classes or equestrian activities to the public.
This definition includes but is not limited to horse barns and horse boarding and riding
facilities.
(e) Veterinary Office/Clinic
A place where animals are given medical care and the boarding of animals limited to
short-term care incidental to the hospital use.
(2) Food and Beverage Services
Establishments involved in serving prepared food or beverages for consumption on or off the
premises. Accessory uses may include food preparation areas and storage areas, and
offices. Specific use types include:
(a) Bar, Lounge, or Tavern
A structure or part of a structure used primarily for the sale or dispensing and on-site
consumption of alcoholic beverages or liquor by the drink, which may or may not serve
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 319
food. Any facility providing both food and alcoholic beverages or liquor by the drink for
on-site consumption that does not meet the definition of a restaurant shall be
considered a bar, lounge, or tavern. Any establishment that meets the definition of “adult
cabaret” or “adult nightclub” is not included under this definition.
(b) Bottle Club
Commercial establishment operated for a profit wherein patrons consume alcoholic
beverages which are brought onto the premises and not sold by the establishment.
(c) Brewery
An establishment primarily engaged in the brewing ale, beer, malt liquors, and
nonalcoholic beer that is licensed to do so in accordance with applicable state
regulations, with a capacity less than 15,000 barrels per year, and with 75 percent or
more of its ale, beer, and malt liquors sold off-site. Accessory uses include a restaurant,
a public tasting room, and the retail sales of ale or beer, or related products.
(d) Nightclub
A commercial establishment dispensing alcoholic beverages for consumption on the
premises and in which dancing and musical entertainments are permitted. Nightclubs
shall not be permitted within 250 feet of a residential zone district or an existing
residential use, excluding residential uses located in a non-residential zone district.
(e) Restaurant
An establishment where meals or prepared food, including beverages and confections,
are served to customers. Accessory uses may include bars, banquet rooms, catering
services, pick-up facilities for take-out orders, windows for walk-up service, and
outdoor seating. Drive-through or drive-in service may be approved as an accessory
use however this shall not include alcohol or convenience item sales. An establishment
that sells both alcoholic beverages and food is classified as a bar or lounge if it dedicates
less than 50 percent of its gross floor area to the sale of food and nonalcoholic
beverages consumed on the premises.
(f) Restaurant, Fast Casual
An establishment that dispenses food for consumption on or off the premises, with no
table service, and that advertises food that is healthier and with fewer frozen or
processed ingredients than a fast food restaurant.
(g) Restaurant, Fast Food
Any establishment that dispenses food for consumption on or off the premises, and that
has the following characteristics: a limited menu, items prepared in advance or prepared
or heated quickly, no table orders, and food served in disposable wrapping or containers.
(a) Restaurant, with Microbrewery
A restaurant with a component of brewing ale, beer, malt liquors, and nonalcoholic beer
that is licensed to do so in accordance with applicable state regulations, with a capacity
less than 15,000 barrels per year, and where more than 25 percent of produced ale, beer,
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 320
and malt liquors are sold onsite. Accessory uses a public tasting room and the retail
sales of ale or beer, or related products.
(3) Funeral and Interment Services
Establishments primarily engaged in the provision of services involving the care,
preparation, or disposition of human dead other than in cemeteries or religious assembly
uses. This use includes mortuaries, which are facilities in which dead bodies are prepared for
burial or cremation, crematoriums, columbariums, and funeral homes.
(a) Cemetery or Mausoleum
An area of land and related facilities used for the interment of the dead. This definition
includes columbaria and mausoleums.
(b) Crematorium
A facility containing furnaces for the reduction of dead bodies to ashes by fire.
(c) Funeral Home
An establishment used primarily for human funeral services, which may or may not
include facilities on the premises for embalming, performance of autopsies, or other
surgical procedures.
(4) Lodging
For-profit facilities providing lodging units or rooms for short-term stays of typically less
than 30 days for rent, lease, or interval occupancy. This use category does not include
rooming houses, which are generally occupied for tenancies of a month or longer, and thus
categorized as group living uses. Accessory uses may include pools and other recreational
facilities, restaurants, bars, limited storage, laundry facilities, gift shops, supporting
commercial activities, meeting facilities, and offices. Specific use types include:
(a) Bed and Breakfast
One building containing no more than eight sleeping rooms that are occupied or intended
or designed to be occupied as the temporary abiding place of persons who are lodged
with or without meals, for compensation, but not including a trailer court or camp,
hospital, asylum, orphanage, or building where persons are housed under restraint. The
building is occupied by either the owner or a resident manager.
(b) Hotel
A building or group of buildings used, kept, maintained, advertised as, or held out to the
public as a place where at least nine or more guest rooms are offered for rental for
occupancy by transient or permanent guests or tenants, on an overnight basis, and with
generally indoor covered access (not outdoor) provided to each room. Such uses may
include kitchenettes, microwaves, and refrigerators for each guest unit. Accessory use
may include restaurants, bars or lounges, conference and meeting rooms, business
centers, newsstands, gift shops, exercise or fitness facilities, swimming pools, etc. This
use does not include a motel, which is a building or a group of buildings in which sleeping
accommodations are offered to the public and has direct outside access to each room.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 321
(5) Offices, Business, and Professional Services
Uses that provide executive, management, administrative, or professional services, but do
not involve the sale of merchandise except as incidental to a permitted use. Prohibited uses
include daily employment waiting services. Typical uses include real estate, insurance,
property management, investment, employment, travel, advertising, law, architecture,
design, engineering, accounting, call centers, and similar offices. Accessory uses may
include cafeterias, health facilities, parking, or other amenities primarily for the use of
employees in the firm or building. Other specific use types include:
(a) Bank/Financial Institution
An establishment that provides banking services, lending, or similar financial services to
individuals and businesses. This definition includes those institutions engaged in the on-
site circulation of cash money and check-cashing facilities, but shall not include bail
bond brokers. A drive-through facility may be included as an accessory use.
(b) Office, Professional and Business
An establishment that provides executive, management, administrative, or professional
services, but not involving the sale of merchandise except as incidental to a permitted
use, and not including a medical office or clinic. Typical examples include real estate,
insurance, property management, investment, employment, travel, advertising, law,
architecture, design, engineering, accounting, broadcasting, and similar offices.
Temporary employment offices are prohibited.
(c) Telephone Call Center
An establishment primarily engaged in answering telephone calls and relaying
messages to clients or in initiating or receiving communications for telemarketing
purpose, such as promoting clients' products or services, taking orders for clients, or
soliciting contributions or providing information for clients.
(6) Personal Services
Establishments that provide individual services related to personal needs directly to
customers at the site of the business, or that receive goods from or return goods to the
customer, which have been treated or processed at that location or another location. Specific
use types include:
(a) Coin Laundry and Dry Cleaning (no chemical processing onsite)
An establishment where laundry or dry cleaning is dropped off by customers or picked
up by customers and that also includes on-site laundry and/or cleaning activities,
including related operation of equipment and machinery without the use of chemical.
Establishments that do not include on-site cleaning activities are classified as “personal
service establishments.”
(b) Day Spa
An establishment that offers a variety of health, beauty, and relaxation services and
treatments or other services related to hygiene or body care, or similar services, but
does not include a massage establishment.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 322
(c) Dry Cleaning (chemical processing onsite)
An establishment where laundry or dry cleaning is dropped off by customers or picked
up by customers and that also includes on-site laundry and/or cleaning activities,
including related operation of equipment and machinery including the use of chemicals.
Establishments that do not include on-site cleaning activities are classified as “personal
service establishments.”
(d) Massage Establishment
A site or premises, or portion thereof, wherein a licensed Massage therapist practices
massage, and which meets the requirements of chapter 480.043, Florida Statutes, as
may be amended from time to time, and Chapter 64B7-26, F.A.C. et. Seq., as may be
amended from time to time, and Section 10-3.3(D)(9), Massage . This definition shall not
be construed to include a hospital, nursing home, medical clinic, or the office of a
physician, surgeon, physical therapist, chiropractor or osteopath duly licensed by this
state.
(e) Stylist/Salon
A business primarily engaged in the provision of hair care and/or cosmetology, including
barber and beauty shops, hair stylists, cosmeticians, toning or tanning salons, and nail
care salons. The use does not include an adult establishment or a tattoo or body-piercing
establishment.
(f) Tailor/Shoe Repair
A business primarily engaged in the construction, modification, and repair of shoes
and/or clothing.
(g) Tattoo or Body-Piercing Establishment
An establishment whose principal business activity, either in terms of operation or as
held out to the public, is the practice of one or more of the following: (1) making indelible
marks or designs on or visible through the skin of a human by puncturing or pricking the
skin with a needle or other instrument and inserting ink or other pigments; or (2)
creating an opening in any part of the human body, other than the outer perimeter or lobe
of the ear, for the purpose of inserting jewelry or other decorative object for a non-
medical purpose.
(7) Recreation and Entertainment
Uses that provide recreation or entertainment activities. Accessory uses may include
concessions, snack bars, parking, and maintenance facilities. Specific use types include:
(a) Adult Entertainment
Any body rub or bathhouse establishment, adult bookstore, adult motion-picture
theater, adult mini-motion-picture theater, adult cabaret or theater, escort service, body
painting studio, encounter parlor, sex consultation business, nude photography studio,
nude modeling business, nude dancing studio, dating service or any other similar adult
entertainment business.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 323
(b) Amusement Arcade
An establishment providing multiple machines or devices (mechanical or electronic)
that, upon insertion of a coin or similar object or payment of a consideration, may be
operated by the general public as a game, entertainment, or amusement. Such machines
and devices include video games, pinball machines, mechanical grab machines, pool
tables, foosball tables, and other games of skill or scoring. This use does not include any
machines or devices regulated under state gambling laws. The use term does not include
vending machines that do not incorporate game or amusement features, nor does the
use include any coin-operated musical devices or rides.
(c) Fitness or Recreational Center
A facility primarily featuring equipment for exercise and other active physical fitness
and/or recreational sports activities, such as swimming, racquet sports, aerobic dance,
gymnasium facilities, yoga, and other kinds of fitness facilities.
(d) Indoor Recreation, General Commercial
An establishment offering entertainment, game playing, rides, or similar amusements to
the public within an enclosed building. This shall include bowling alleys, laser tag
parlors, skating, batting cages, indoor soccer and indoor shooting ranges. This use does
not include bingo games or activities that meet the definition of “amusement arcades.”
(e) Movie Theater, Indoor
A facility with fixed seats for the viewing of movies.
(f) Outdoor Recreation, General Commercial
Intensely developed recreational uses for commercial use, lighted or unlighted, such as
amusement parks, miniature golf courses, commercial tennis courts, batting cages,
skateboard or skate parks or courses, bicycle motocross courses, commercial pools,
courses for paramilitary games, and archery facilities. This use does not include bingo
games or activities that meet the definition of “amusement arcades.”
(g) Shooting Range
An area or facility to be used for firearm target practice, competitions, or similar uses,
including but not limited to archery, skeet, trap, paintball, and similar shooting activities,
and including both indoor and outdoor facilities.
(8) Retail Sales
Uses involving the sale of a product directly to the final consumer for whatever purpose but
not specifically or exclusively for the purpose of resale.
(a) Bulk Pool Chemical Sales
A commercial establishment primarily engaged in the retail sale of bulk swimming pool
chemicals including but not limited to sodium hypochlorite and muriatic acid.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 324
(b) Equipment Sales and Repair, Heavy
A commercial establishment primarily engaged in the retail sale and repair of intensive
and/or heavy equipment such as welding supplies, but not including pool and cleaning
supplies.
(c) Farmer’s Market, Outdoor
A public market held open area, where farmers sell produce and other farm products
they have grown, gathered, or raised directly to consumers. A farmers’ market occurring
regularly for all or most of the year, or a temporary use, occurring only occasionally or
periodically for only a limited time period during the year.
(d) Nursery
The use of land, buildings or structures for the production of flowers, shrubs, and plants
and their retail sales.
(e) Pawn Shop
A business that advances funds to a person on the security of pledged tangible personal
property on condition that the pledged property is left in the possession of the
pawnbroker until redeemed by the pledger within an established default time period,
after which title in unredeemed property vests in the pawnbroker, who may then sell the
property.
(f) Personal and Household Goods Repair
An establishment primarily engaged in the provision of repair services for TVs, bicycles,
clocks, watches, shoes, guns, canvas products, appliances, and office equipment—
including tailor, and locksmith.
(g) Print Shop
A retail establishment that includes a quick print shop or the operation of offset printing
and other related equipment including reproduction machines, paper cutters, collating
machines, multi-colored press equipment, plate burners, binding, and photographic
developing equipment.
(h) Retail Sales, General
A commercial enterprise that provides goods directly to the consumer for immediate
purchase and removal from the premises by the consumer. Examples include, but are
not limited to: apparel shops, appliance sales, auto parts store, bait shop, bakeries,
bookstores, convenience stores without gas pumps, department stores, factory outlet
stores, precious metals dealer, and florists.
(i) Thrift, Consignment, and Used Merchandise
A retail establishment that purchases and offers for sale used clothing, furniture,
household goods, and similar items.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(C) Commercial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 325
(9) Vehicle and Equipment
Uses include a broad range of uses for the maintenance, sale, or rental of motor vehicles and
related equipment. Accessory uses may include incidental repair and storage and offices.
Specific use types include:
(a) Boat and Marine Sales
An establishment primarily engaged in the display, sale, or lease of boats and other
marine vehicles.
(b) Vehicle Fuel Sales
Buildings and premises where gasoline and similar fuels for automotive use are
supplied and dispensed at retail (or in connection with a private operation where the
general public is excluded from use of facilities).
(c) Vehicle Rental
An establishment engaged in the rental of new or used motor vehicles. Vehicles
included, but are not limited to, automobiles, light trucks, vans, trailers, recreational
vehicles, motorcycles, personal watercraft other than boats, utility trailers, all-terrain
vehicles, and mobile homes. Minor vehicle repair is allowed as an accessory use.
(d) Vehicle Sales, New
An establishment engaged in the display, sale, or leasing of new motor vehicles. Vehicles
included, but are not limited to, automobiles, light trucks, vans, trailers, recreational
vehicles, motorcycles, personal watercraft other than boats, utility trailers, all-terrain
vehicles, and mobile homes. Vehicle repair is allowed as an accessory use.
(e) Vehicle Sales, Used
An establishment engaged in the retail sale of more than five used motor vehicles a year,
or the display of two more used motor vehicles for sale in any month. Vehicle repair is
allowed as an accessory use.
(f) Vehicle Service and Repair, Major
An establishment engaged in the major repair and maintenance of automobiles,
motorcycles, trucks, vans, trailers, recreational vehicles, or mobile homes. Services
include engine, transmission, or differential repair or replacement; body, fender, or
upholstery work; and painting.
(g) Vehicle Service and Repair, Minor
An establishment engaged in light maintenance activities such as engine tune-ups; oil
change or lubrication; carburetor cleaning; muffler replacement; brake repair; and tire
shops. Vehicle parts are sold and are ordinarily installed on the premises.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(D) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 326
(D) Industrial Uses
(1) Communications
Telecommunications facilities transmit analog or digital voice or communications
information between or among points using electromagnetic signals via antennas,
microwave dishes, and similar structures. Supporting equipment includes buildings,
shelters, cabinets, towers, electrical equipment, parking areas, and other accessory
development. Specific use types include, but are not limited to:
(a) Broadcast Studio
A building or portion of a building used as a place for radio or television broadcasting or
recording but without a transmission tower.
(b) Communication Facility
A facility for the offices and supporting equipment of a communications company such as
telephone or internet service provider.
(c) Motion Picture Studio
A facility for the production and/or broadcasting of motion pictures, videos, television
programs, or sound recordings. The use may also include facilities for the rehearsal of
dance, music, or other performing arts.
(2) Industrial Services
Uses are engaged in the repair or servicing of agricultural, industrial, business, or consumer
machinery, equipment, products, or by-products. Firms that service consumer goods do so
by mainly providing centralized services for separate retail outlets. Contractors and similar
uses perform services off-site. Few customers come to the site. Accessory activities may
include sales, offices, parking, and storage, as permitted under the Broward County Land Use
Plan. Specific use types include, but are not limited to:
(a) Building Material Sales, Indoor Retail
An establishment for the sale of materials, hardware, and lumber customarily used in
the construction of buildings and other structures, and where most display and sale of
materials occurs inside the primary structure.
(b) Building Material Sales, Outdoor or Wholesale
Outdoor sale of materials, hardware, and lumber customarily used in the construction of
buildings and other structures.
(c) Industrial Service, General
Establishments engaged in the storage, repair, or servicing of agricultural, industrial,
business, or consumer machinery, equipment, products, or by-products. Examples
include: construction materials storage; welding shops, machine shops; tool repair;
electric motor repair; repair of scientific or professional instruments; repair, storage,
salvage, or wrecking of heavy machinery; heavy truck servicing and repair; aircraft
servicing and repair; swimming pool equipment sales and storage; tire retreading or
recapping; and gas and liquid fuel distributors.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(D) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 327
(d) Laboratory, Research
A facility for conducting medical or scientific research, investigation, testing, or
experimentation; however, this does not include facilities for the manufacture or sale of
products, except as incidental to the main purpose of the laboratory. This definition
includes electronic and telecommunications laboratories, including assembly.
(3) Manufacturing and Production
This use category includes firms involved in the manufacturing, processing, fabrication,
packaging, or assembly of goods. Natural, constructed, raw, secondary, or partially
completed materials may be used. Products may be finished or semi-finished and are
generally made for the wholesale market, for transfer to other plants, or to order for firms or
consumers. Custom industry is included (i.e., establishments primarily engaged in the on-
site production of goods by hand manufacturing involving the use of hand tools and small-
scale equipment). Goods are generally not displayed or sold on site, but if so, such activity is a
subordinate part of sales. Relatively few customers come to the manufacturing site.
Accessory activities may include retail sales, offices, cafeterias, parking, employee
recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and
caretaker's quarters as permitted under the Broward County Land Use Plan. Specific use
types include, but are not limited to:
(a) Assembly, Light
An establishment engaged only in the on-site assembly of goods. No manufacturing of
parts occurs. Goods are shipped to the establishment, assembled, packaged, and
reshipped. Assembly and packaging involves only the use of hand tools or domestic
mechanical equipment not exceeding two horsepower or a single kiln not exceeding
eight kilowatts.
(b) Food Processing
The sorting, treatment, or preparation of food products for sale such as bakeries, or as
inputs to further processing, but not including the slaughtering of small or large
livestock or confined animal feeding operations.
(c) Manufacturing, Artisan
An establishment primarily engaged in the on-site production of goods by hand
manufacturing involving the use of hand tools and small-scale equipment, such as
jewelry manufacture and ceramic studios. Activities do not involve the creation of
noxious by-products.
(d) Manufacturing, Heavy
An establishment engaged in the manufacture or compounding process of raw
materials. Such activities may include the storage of large volumes of highly flammable,
toxic matter or explosive materials needed for the manufacturing process. Examples
include, but are not limited to: refining or initial processing of raw materials; rolling,
drawing, or extruding of metals; asphalt batching plants; sawmills; and manufacture or
packaging of cement products, feed, fertilizer, flour, glue, paint, petroleum products,
soap, turpentine, varnish, charcoal, or distilled products.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(D) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 328
(e) Manufacturing, Light
An establishment engaged in the manufacture, predominantly from previously prepared
materials, of finished products or parts, including processing, fabrication, assembly,
treatment, and packaging of such products, and incidental storage, sales, and
distribution of such products, but excluding basic industrial processing. Examples of
allowable uses include, but are not limited to: airplane, automobile, or truck assembly,
remodeling, or repair; bottling works; boat building, machine or blacksmith shops;
metalworking or welding shops; and paint shops.
(4) Utilities
All lines, buildings, passageways, or structures used or intended to be used by any public or
private utility related to the provision, distribution, collection, transmission, or disposal of
power, oil, gas, water, sanitary sewage, communication signals, or other similar services at a
local level.
(a) Utility Facility, Major
A service that is necessary to support regional development that typically has
employees on the site on an ongoing basis. Examples include, but are not limited to:
wastewater treatment plans, water works, reservoirs, power or heating plants, and
steam generating plants.
(b) Utility Facility, Minor
A service that is necessary to support development within the immediate vicinity and
that involves only minor structures. The structure or facility by itself is a relatively minor
component of an infrastructure system providing community- or region-wide services
and that needs to be located in or near the neighborhood or use type where the service is
provided. Employees typically are not located at the site on an ongoing basis. Examples
include, but are not limited to: electric lines and transformer stations; gas transmission
lines and regulator stations; telephone lines and exchange buildings; stormwater and
retention/detention facilities; well, water, and sewer lines and pumping stations; water
storage tanks; and water pressure regulating stations.
(c) Wind Energy Conversion Systems
The equipment that converts and then stores or transfers energy from the wind into
usable forms of energy, including any base, blade, foundation, generator, nacelle, rotor,
transformer, turbine, vane, wind tower, wire, or other component used in the system. In
the case of multiple wind energy conversion systems, this shall also include the
collection, transmission lines, and any related accessory use, building, or structure.
(5) Warehouse, Wholesale, and Freight Movement
Uses that are engaged in the storage or movement of goods for themselves or other firms.
Goods are generally delivered to other firms or the final consumer, except for some will call
pickups. There is little on site sales activity with the customer present. Accessory uses may
include offices, truck fleet parking, and maintenance areas. Specific use types include:
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(D) Industrial Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 329
(a) Contractor’s Storage Yard and Supply
Contractor activities and incidental storage on lots other than construction sites. Also
includes landscape contractors and landscape maintenance businesses.
(b) Distribution Center
The intake of goods and merchandise, individually or in bulk, the short-term holding or
storage of those goods or merchandise, and/or the breaking up into lots or parcels and
subsequent shipment off-site of such goods and merchandise. Distribution may be
provided to an entity with an identity of interest with the distribution facility or to
businesses and individuals unrelated to the distributor. The term "Distribution Facility"
shall also include a transshipment facility for the temporary holding, storage, and
shipment of goods or vehicles.
(c) Food and Other Products, Wholesale
A structure containing an area available for the purpose of storing food products for
wholesale sales. The use may include incidental sales.
(d) Parcel Delivery Service
An establishment primarily engaged in the delivery of individually addressed letters,
parcels, and packages.
(e) Personal Hobby Activity
An establishment engaged in the repair or creation of items for personal use only, such
as making a guitar, surf boards, or rebuilding cars.
(f) Self-service Storage, Indoor
A building or group of buildings with controlled access that contains varying sizes of
individual, compartmentalized, and controlled access stalls or lockers for the storage of
customers' goods or wares, and in which only indoor access is provided to storage units.
(g) Self-service Storage, Outdoor
A building or group of buildings with controlled access that contains varying sizes of
individual, compartmentalized, and controlled access stalls or lockers for the storage of
customers' goods or wares, and which allows outdoor access to storage units.
(h) Storage Buildings
A structure containing an area available for the purpose of storing raw materials, goods,
or property. Such storage may include heavy equipment and machinery.
(i) Wholesale Establishment
An establishment primarily engaged in the bulk sale or distribution of goods and
materials in large quantity to retailers or other businesses for resale to individual or
business customers, and limited retail uses when directly associated with the wholesale
use. This term shall not include retail sales to the general public, heavy manufacturing,
resource extraction, bulk storage of hazardous materials, or scrap or salvage
operations.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(E) Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 330
(6) Waste and Salvage
Uses that receive solid or liquid wastes from others for disposal on the site or for transfer to
another location. The category includes uses that collect sanitary wastes, or uses that
manufacture or produce goods or energy from the composting of organic material or
processing of scrap or waste material. Waste and Salvage uses also include uses that
receive hazardous wastes from others. Accessory uses may include recycling of materials,
offices, and repackaging and shipment of by-products. Specific use types include, but are not
limited to:
(a) Auto Towing
The removing of an automobile by towing, carrying, hauling, or pushing from public or
private property when such vehicle has been ordered to be impounded to a public or
private impound lot. This shall not include an “automobile servicing” use that has a tow
truck and repair vehicles onsite.
(b) Auto Wrecking and Salvage Yard
Any lot upon which two or more motor vehicles of any kind, which are incapable of being
operated due to condition or lack of license or registration, have been placed for the
purpose of obtaining parts for recycling or resale.
(c) Recycling Center
A facility in which recoverable resources such as newspapers, glassware, plastics, and
metal cans are recycled, reprocessed, and treated to return such products to a condition
in which they can again be used for production, and in which some of the operations or
storage take place outside or inside of an enclosed building. This facility is not a junkyard
or salvage yard.
(7) Wireless Communication Facilities
See §10-3.3(F).
(E) Accessory Uses
(a) Accessory Dwelling Unit (ADU)
An additional dwelling unit with separate cooking, sleeping, and sanitation (bathroom)
facilities. An accessory dwelling unit is intended to be subordinate to a primary single
family residential structure.
(b) Assembly Hall
A public or private building or structure, or group of buildings or structures, owned or
operated by a public entity, intended primarily for the conducting of organized assembly.
Accessory uses may include meeting rooms, kitchen facilities for preparation of food to
be consumed on the premises, parking, and childcare provided for persons while they
are attending assembly functions. Schools associated with assembly uses are not an
accessory use.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(E) Accessory Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 331
(c) Bingo Game
The activity, commonly known as “bingo,” in which participants pay a sum of money for
the use of one or more bingo cards. When the game commences, numbers are drawn by
chance, one by one, and announced. The players cover or mark those numbers on the
bingo cards which they have purchased until a player receives a given order of numbers
in sequence that has been preannounced for that particular game. This player calls out
“bingo” and is declared the winner of a predetermined prize. More than one game may be
played upon a bingo card, and numbers called for one game may be used for a
succeeding game or games.
(d) Building-mounted or Rooftop Antenna
Any antenna directly attached or affixed to a building, tank, tower, building-mounted
mast, or structure, excluding satellite dish antennas. (Antenna with supports resting
directly on the ground are defined as “antenna, ground-mounted.”)
(e) Car Wash and Auto Detailing, Automatic
A facility (coin-operated or otherwise automatic) for the cleaning of automobiles.
(f) Car Wash and Auto Detailing, Non-automatic
A facility (coin-operated or hand wash) for the cleaning of automobiles, providing either
self-serve facilities or employees to perform washing and detailing operations.
(g) Drive-through Service Facility
Establishments offering goods and services directly to customers waiting in motor
vehicles such as but not limited to banks, financial institutions, restaurants, drug stores,
dry cleaners, and pharmacies, excluding alcohol sales and convenience stores.
(h) Dormitory or Residence Hall
A building intended or used principally for sleeping accommodations where such
building is related to an educational or public institution, including religious institution.
The dormitory or residence shall be accessory to a principal use.
(i) Dwelling, Caretaker
A permanent structure used as a dwelling on the same site as a building, operation, plant
or recreation facility that is occupied by an employee of those premises.
(j) Garage or Carport
An accessory building or part of a principal building used primarily for the storage of
passenger vehicles as an accessory use.
(k) Home Occupation
An activity conducted for gain entirely within a residential unit, or an accessory unit
thereto, that is incidental and secondary to the use of such unit for dwelling purposes
and that does not change the essential residential character of such unit.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 332
(l) Outdoor Courts, Fields, Playgrounds, and Pools
Public or private land that is developed and maintained for active or passive recreational
use including courts, fields, playgrounds and pools.
(m) Outdoor Seating, Commercial (Accessory to Eating and Drinking)
Picnic tables, benches, counters and any similar facilities, or area, provided in
conjunction with a restaurant for the serving and/or consumption of food out-of-doors,
not contained within a building.
(n) Outdoor Storage Non-sales, Accessory
Storage of materials, merchandise, products, stock, supplies, machines, operable
vehicles, equipment, manufacturing materials, or personal property of any nature that
are not kept in a structure having at least four walls and a roof, regardless of how long
such materials are kept on the premises. This use shall be permitted as an accessory to
General Retail Sales ≥ 10,000 sq. ft. and shall be secured by a wall on at least one side.
(o) Outdoor Vehicle Storage, Accessory
The holding or storage of a commercial vehicle including but not limited to automobiles,
trucks, buses, boats, mobile homes, trailers, recreational vehicles, farm machinery, or
construction machinery or equipment.
(p) Satellite Dish
A round or parabolic antenna and its supporting structure for the purposes of sending or
receiving radio or electromagnetic signals.
(q) Small Wind Energy System
A wind energy conversion system consisting of a wind turbine, a tower, and associated
control or conversion electronics that has a rated capacity of not more than 100 kilowatts
(kW) and that is intended primarily to reduce on‐site consumption of utility power.
(r) Solar Energy Collection System, Accessory Use
A solar collector or other device or structural design feature of a structure that relies
upon sunshine as an energy source and is capable of collecting, distributing and storing
(if appropriate to the technology) the sun's radiant energy for a beneficial use.
(s) Utility Shed
An outbuilding or other structure that is accessory to a principal use on the same lot.
Storage shipping containers shall be allowed only in I-1 and I-2 zoning districts.
(F) Temporary Uses
(a) Construction-related Structure or Facility
A temporary building or structure used for a project located on the same site during its
construction.
Article 6 Rules of Construction and Definitions
10-6.2 Use Categories and Use Types Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 333
(b) Food Truck
Mobile food vendor housed within a self-driven vehicle associated with a temporary
event.
(c) Garage or Yard Sale
A sale of personal property including used general household items to the general public
on any portion of a residential property, excluding properties in nonresidential zoning
districts that are used for residential purposes. The temporary use shall not limit the
sale of arts and crafts, baked goods, or other food products.
(d) Mobile Classroom, Temporary
A manufactured structure not permanently attached to the ground, used on a temporary
basis in conjunction with a permanent structure to provide educational services.
(e) Model Home
A dwelling unit temporarily used for display purposes as an example of a dwelling unit to
be available for sale or rental in a particular residential development and located within
that development.
(f) Office Space/Equipment Storage, Temporary
A space or structure used as a temporary office or storage facility. Outside storage and
trailers are prohibited.
(g) Outdoor Sales, Seasonal
Temporary display and sales of merchandise sold seasonally (i.e. fireworks, Christmas
trees, etc.).
(h) Portable Storage Unit, Temporary
A container designed and rented or leased for the temporary storage of household
goods, and does not contain a foundation or wheels for movement. This definition
includes facilities such as piggyback containers that can be transported by mounting on
a chassis, and “POD” type boxes that can be transported on a flatbed or other truck; but
do not include prefabricated sheds that are not designed for transport after erection, or
commercial trailers used by construction or other uses in the regular performance of
their business.
(i) Real Estate Sales Office, Temporary
A temporary trailer or similar temporary office space associated with real estate sales.
(j) Special Event
A temporary commercial or festive activity or promotion at a specific location, which
does not exceed four consecutive days and takes place no more than four times per year
including, but not limited to, carnivals, circuses, and festivals. City Commission approval
shall be required for associated outside alcohol consumption.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 334
10-6.3 Other Terms Defined
Abutting
The condition of two adjoining properties having a common property line or boundary, including cases
where two or more lots adjoin a corner, but not including cases where adjoining lots are separated by a
street or alley.
Accent Lighting
Any luminary that emphasizes a particular object or draws attention to a particular ar ea for aesthetic
purposes.
Accent Material
Building materials used to integrate with the primary building materials of a wall elevation.
Accessory Building
A subordinate building, the use of which is incidental to that of the primary building and located on the same
lot.
Accessory Structure
A structure that is detached from a principal structure on the same lot and is incidental and subordinate in
use and size to the principal structure and the principal use of the lot.
Accessory Use
A use of land or of a building or portion thereof customarily used with, and clearly incidental and
subordinate to, the principal use of the land or building and ordinarily located on the same lot with such
principal use.
Accessway
A private vehicular roadway or driveway intersecting a public right-of-way.
Acre
A measure of land area (43,560 square feet).
Area, Gross
A measure of land area that includes the net area plus the area of half of the right-of-way that is contiguous
to the property.
Area, Net
The gross area of land excluding the half of the right-of-way area contiguous to the property.
Adjacent
The condition of being near to or close to, but not necessarily sharing a common dividing line (e.g. two
properties that are separated only by a street or alley shall be considered as adjacent to one another).
Administrative Adjustment
A development approval authorizing limited deviations from certain of this Code’s dimensional or
development standards and that is reviewed and decided under §10-5.4(P).
Administrative Appeal
An appeal of an administrative decision-maker’s interpretation or decision on certain applications and
other matters, and that is reviewed and decided under §10-5.4(R).
Administrative Manual
A manual containing details on the mechanics of the development review process, information for potent ial
applicants, and development review forms.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 335
Adult Bookstore
An establishment having as a significant portion of its stock in trade books, magazines, periodicals, still or
motion pictures, sexual prosthetic devices, or other materials which are distinguis hed or characterized by
their emphasis on matters depicting, describing or relating to specified sexual activities or specified
anatomical areas; or an establishment with a segment or section devoted to the sale or display of such
material; or an establishment which advertises or otherwise indicates that such materials, or a segment or
section devoted to such materials, are open to and available for examination or purchase only by persons
over the age of 18 years.
Adult Cabaret or Theater
An establishment, whether licensed for sale of alcoholic beverages consumed on the premises or not,
presenting performances or other live activity having as a dominant theme or distinguished or
characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or
specified anatomical areas, for observation by patrons therein.
Adult Entertainment
Without limitation, any place of business which advertises or conducts activities for compensation that is
designed or intended to establish a sexual or social communication, engagement or relationship, whether
on or off the premises, between its clients and its employees.
Adult Mini-Motion-Picture Theater
An enclosed building or portion thereof with a seating capacity for less than 50 persons, used for presenting
material having as a dominant theme or presenting material distinguished or characterized by an emphasis
on matters depicting, describing or relating to specified anatomical areas or specified sexual activities for
observation by patrons therein.
Adult Motion Picture Theater
An enclosed building or portion thereof with a seating capacity of 50 or more persons, or an open -air drive-
in facility of any size or capacity, used for presenting material having as a dominant theme or presenting
material distinguished or characterized by an emphasis on matters depicting, describing or relating to
specified sexual activities or specified anatomical areas, for observation by patrons therein.
Advertising Circular
Any publication that contains only advertising and no news reports.
Aggrieved or Adversely Affected Party
Any person or local government that will suffer an adverse effect to an interest protected or furthered by
this Code and the City’s decision on the application for a development permit or approval being considered,
including interests related to: health and safety; law enforcement and fire protection service systems;
densities or intensities of development; transportation facilities; health care facili ties, equipment, or
services; and environmental or natural resources. The alleged adverse impact may be shared in common
with other members of the community at large, but must exceed in degree the general interest in
community good shared by all persons. The term includes the owner, developer, or applicant for a
development permit or approval.
Amendment to Text of Development Code
A change to the text of this Code, decided by the City Commission under §10-5.4(D).
Antique Shop
An establishment that sells items such as furniture, household wares, and decorations, and related
articles, which have value and significance because of factors such as age, ra rity, historical significance,
design, and sentiment. This use falls within the “Thrift, Consignment, and Used Merchandise” land use
category. This use does not include pawn shops.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 336
Applicant
A person who submits a development application requesting a development permit or approval authorized
by this Code.
Application Acceptance
The formal acceptance of a development application for review following determination that the application,
as submitted, complies with all applicable submittal requirements, in accordance with Section 10-5.3(D).
Arcade
A ground level semi-enclosed walkway contiguous to a street or building that is accessible to the public at
all times. Arcades include a series of arches on one (1) or both sides, while colonnades consist of a row of
columns supporting a beam or entablature.
Architectural Feature
Ornamental or decorative embellishments attached to or protruding from an exterior wall of a building.
Assembly Area
Part of a building used for the gathering together of persons primarily for the purposes of group meetings,
deliberation or entertainment.
Assisted Living Facility
State-licensed building or buildings, section or distinct part of a building, private home, boarding home,
home for the aged, or other residential facility, whether operated for profit or not, which undertakes
through its ownership or management to provide housing, meals, and one or more personal services for a
period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.
Awning
A roof-like cover designed and intended for protection from weather or as a decorative embellishment that
projects from a wall of a building over a walk, window, door or the like.
Bench Mark
A securely set concrete or stone monument into which a brass marker has been secured on which its
elevation above mean sea level has been stamped or engraved and bearing the registration number of its
surveyor or engineer.
Berm
A natural or constructed earthen mound used in landscape design to provide a barrier to visual views and
noise and to provide a feature of interest or decoration or to provide other buffering functions.
Bike Path
That portion of a right-of-way improved, designed or ordinarily used for bicycle traffic.
Boat
Any watercraft used or capable of being used as a means of transportation on water.
Body Rub or Bathhouse Establishment
Any establishment having a fixed place of business, other than a massage establishment licensed and
regulated under F.S. chapter 480, which advertises or administers, as a substantial or significant portion of
its business activity, without limitation, baths, showers, sauna baths, steam baths or similar devices.
Broward County Land Use Plan
The future land use plan element for all of Broward County, Florida adopted by the Broward County
Commission in conformance with the requirements of the Broward County Charter and the Community
Planning Act.
Buffer
A continuous area of land along the perimeter of a plot, lot, parcel or tract to provide a transition between
one type of land use and another or one intensity or density of use to another.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 337
Building
A structure having one or more stories and roof, designed primarily for the shelter, support, or closure of
persons, animals or property of any kind.
Building Area
The building footprint and any other areas in which structures or roofed impervious areas are placed on a
lot, plot, or parcel.
Building Height
The vertical dimension measured from the average elevation of the finished lot grade at the front of the
building to the top of a parapet or to the top of a flat roof, or to the mid-height of an angular roof, whichever is
the tallest. Elevator housing and stairwells may extend up to ten feet above the height of a building. All
references to a height of a specified number of stories or a specified number of feet sh all mean a maximum
of that number of stories and within that number of stories the number of feet enumerated may not be
exceeded. For example, a maximum height of three stories or 40 feet means that the maximum number of
stories shall be three and that the maximum height of the building, including any walls necessary to hide
air-conditioning equipment and all other equipment except elevator housing and stairwells shall be 40 feet.
Build-to Line
An alignment established a certain distance from the property line and parallel to the curb line where a
building wall must be located for the purpose of reinforcing the spatial definition and visual character of the
street as illustrated below.
Building Code
The Florida Building Code, as adopted and modified pursuant to Chapter 5 (Buildings and Building
Regulations) of the Tamarac City Code.
Building Permit
An official document or certification that is issued by the Chief Building Official pursuant to the Building
Code and authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling,
rehabilitation, erection, demolition, moving, or repair of a building or structure as being in compliance with
Building Code standards.
Caliper
See “diameter at breast height (dbh).”
Canopy
Any roof-like cover projecting over a walk, driveway, entry or similar area, for the purpose of sheltering
pedestrians or inanimate objects from environmental elements, which may be w holly supported by a
building or wholly or partially supported by columns, poles or braces extending from the ground.
Figure 10- 6-1: Build-to Line3.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 338
Certificate of Compliance
For purposes of the newsrack regulations of this Code, the certificate that authorizes the construction for
and placement of a newsrack in an approved location, prior to the placement of vended material.
Certificate of Occupancy
A document issued by the Chief Building Official pursuant to the Building Code that allows the occupancy
and use of building(s) and structure(s) and certifying that said building(s) and structure(s) and use(s) have
been constructed and will be used in compliance with all applicable municipal codes.
Change in Use
See §10-1.9(B)(3), Change in Use.
Chief Building Official
The Chief Building Official of the City of Tamarac, or a designee.
City
The City of Tamarac, Florida.
City Attorney
The City Attorney of the City of Tamarac, or a designee.
City Code
The Tamarac City Code.
City Commission
The elected legislative governing body of the City of Tamarac.
City Manager
The City Manager of the City of Tamarac, or a designee.
Clear Trunk
The point above the root ball along the vertical trunk or trunks of a tree at which lateral branching or fronds
begin.
Code Enforcement Officer/Inspector
Any authorized agent or employee of the city whose duty it is to assure Code compliance.
Collector Street
A street which, in addition to giving access to abutting properties, carries traffic from minor streets to the
major system of arterial streets and highways, including the principal entrance street of a residenti al
development, as defined by the Comprehensive Plan.
Colonnade
See “arcade.”
Commercial Vehicle
Any vehicle which is not used solely for personal nonbusiness activities. The following types of vehicles
shall be considered commercial: truck cab; trailer; semitrailer; tractor crane; power shovel; well driller;
bus; taxi, limousine, and other vehicles for hire; ambulance; wrecker (tow truck); hearse; vehicles with
more than two axles; vehicles which exceed 20 feet in length and eight feet in height; vehicles with visible
outside lettering, licensure information, decals, logos, vehicle wraps, or other commercial information;
and/or vehicles with visible ladder, bucket, aerial device, refrigerated box, or having any equipment for the
purpose of performing any work of a commercial nature or carrying goods other than for personal effects of
passengers.
Completed Application
An application packet that contains all required information and documentation.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 339
Comprehensive Plan
The Comprehensive Plan of the City of Tamarac, including the elements or portions thereof, as adopted and
amended by ordinance of the City Commission.
Comprehensive Plan Amendment
A change to the text of the Comprehensive Plan, or to its land use classifications of land, reviewed and
decided by the City Commission under §10-5.4(B).
Comprehensive Plan Amendment, General
A Comprehensive Plan Amendment that changes the Plan’s land use classification of a relatively large
number of properties.
Comprehensive Plan Amendment, Site-Specific
A Comprehensive Plan Amendment that changes the Plan’s land use classification of a single or limited
number of properties for small-scale development activities.
Conceptual Plan
An instrument for discussing the feasibility of a proposed project, with minimum drawings required.
Condominium
A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the
structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
Conforming Use
Any lawful use of a building, structure, or parcel of land that complies with the provisions of this Code.
Consignment
The act of delegating the custody of personal effects to a merchandiser with an agreement to transfer
earnings from the sale of such personal effects to the original owner after they are sold.
Consignment Shop
A retail establishment primarily engaged in selling used household goods and merchandise (e.g., clothing,
furniture, books, shoes, small appliances), where all such goods and merchandise are sold on
consignment. This use does not include thrift shops or antique shops or pawn shops.
Consistent
As applied to the relationship between this code and the Comprehensive Plan, “consistent” means
compatible with—i.e., not in conflict with— and furthers—i.e., takes action in the direction of realizing the
Plan’s goals and policies.
Contractor
Any person who accepts orders or is engaged in the business of accepting orders or contracts on a cost
plus, fixed fee, stated sum or percentage basis, or any combination thereof, or for compensation other than
wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar,
cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or
to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick,
stone, cement or wood or any combination thereof; or to excavate for foundations or any other purpose; or
to construct bridges, seawalls and bulkheads of any and all descriptions; and who is engaged in the
business of building, remodeling, repairing, razing or moving, whether by contract, fixed fee or sublet,
percentage, or any combination thereof, or for compensation other than wages.
Construction
Any improvement, development, or change of the land from its present state, or building, repairing,
relocating, or demolishing a structure. A permit shall be obtained before any of the above actions or uses
are begun.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 340
Cornice
An ornamental, structural or nonstructural horizontal molding that projects from the exterior wall and
spans the top of a building's structural beam. A cornice is typically a decorative architectural feature that
frames or crowns a building.
County
Broward County, Florida.
Crown Spread
The outermost branches of a tree in all directions.
Density
The allowable number of residential dwelling units per gross area.
Developer
Any person, including a governmental agency, undertaking development.
Development
The carrying out of any building activity or mining operation, the making of any material change in the use or
appearance of any structure or land, or the dividing of land into three or more parcels, including all acts and
activities included in the definition of “development” set forth in F.S. §380.04, or its successor provision .
Development Application
The completed form or forms and all accompanying plans, documents, exhibits, and fees required to be
submitted, and submitted, as part of the review of a request for a development permit or approval.
Development Order
An order issued by the city commission authorizing the granting, denying, or granting with conditions of an
application for a development permit.
Development Permit or Approval
Any engineering permit, building permit, zoning permit, subdivision or plan approval, site plan approval,
rezoning, special exception, variance or other official action of a unit of local government having the effect
of permitting the development of land, but does not include any variance or other official action necessary
solely for the purpose of issuing a permit, other than a building permit, pursuant to the Florida Building
Code, Broward County Amendments, and other regulatory codes of the State of Florida.
Diameter at Breast Height (DBH)
The measurement of a tree's trunk diameter in inches at breast height (four and one-half feet) above ground
level). For trees with less than four and one-half feet of clear trunk, diameter shall be of the largest leader
measured four and one-half feet above ground level. For multi-trunk trees it shall be the sum of the
diameter of the individual trunks measured four and one-half feet above ground level.
Director
The Director of the Department of Community Development, or such other person as designated in writing
by the City Manager.
Distributor
For purposes of the newsrack regulations of this Code, the person responsible for placing and maintaining
a newsrack, the owner of the newsrack or the publisher of the newspaper vended therein.
Dormer
A window set vertically in a structure projecting through a sloping roof; also, the roofed structure
containing that window.
Double Frontage Lot
A lot having frontage on two separate parallel or approximately parallel dedicated streets. (Also known as a
“through lot.”)
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 341
Dripline
A vertical line extending from the outermost branches of a tree to the ground however, that the same shall
not be less than a circle with a five-foot radius measured from the center of the tree.
Dripline Encroachment
Any activity that has the effect of causing soil compaction, injury to lower limbs, grade change,
contamination of soil, or damage to the root system. Specifically, this definition shall include acts such as
parking of vehicles, use of heavy earth moving or grading equipment, placement of construction materials,
excavation and filling, trenching, and the exposure of paints, oils, or chemicals within a tree's dripline.
Specifically excluded from this definition are routine maintenance activities such as mowing or walking
within the tree's dripline.
Drive Aisle
Any lane in a parking lot devoted to the passage of vehicles, as opposed to the parking spaces/stalls. The
term drive aisle does not include lanes used for drive-in customer service.
Driveway
Every entrance or exit used by vehicles to enter or exit from properties connected to a public or private
roadway and intended to provide vehicular access into that property in a manner that will not cause the
blocking of any sidewalk, border area, or street roadway.
Drop-In Child Care
An occasional child care arrangement within a shopping mall or business establishment, the sole purpose
of which is to provide babysitting for no more than a four-hour period while the parent remains on the
premises. (Drop-in child care is subject to the licensing requirements of the Broward County Child Care
Ordinance (Chapter 7 of the Broward County Code of Ordinances), as amended.)
Dwelling
A building, part of a building, or combination of buildings, located on a lot, used as living quarters. Not
included are group living uses, nursing home facilities, shelters or halfway houses.
Easement
An interest in land granted by the property owner to another party (including the City, other government
entities, utility providers, ort other persons) that entitles the holder to a specific usage of the land for
specified purposes.
Emergency
Any occurrence or circumstances involving actual or imminent physical injury to persons or damage to
property, which demands immediate action. It shall be the burden of the alleged violator to prove the
emergency.
Emergency Vehicle
A motor vehicle used in response to a public emergency or to protect persons or property from imminent
danger.
Emergency Work
Work necessary to restore property to a safe condition following a public calamity, work to restore public
utilities, or work required to protect persons or property from an imminent exposure to danger.
Employee
Any person directly connected with the business, owner or operator.
Engineering Drawings, Final
Drawings, specifications, and calculations prepared and sealed by an engineer registered in the state which
specifically describes parameters required for construction of all on-site and off-site improvements
necessary for the ultimate development of land for the project.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 342
Engineering Drawings, Schematic
Diagram of wastewater collection and transmission, water distribution, storm drainage systems,
designating direction of flow and connections with existing facilities, ground floor e levations, fire hydrants
and street and parking area paving.
Entrance, Primary
The means of ingress and egress to a building that pedestrians are expected to use.
Entryways
Open areas, adjoining entry doors to a defined space, which may or may not be roofed.
Equivalent Newsrack
Any newsrack that is of the same size, dimensions, and style of the specified newsrack.
Equivalent Replacement
For purposes of the landscaping provisions of this Code, the replacement of a removed or damaged tree to
compensate for that tree's removal is determined through Broward County’s Tree Removal and
Replacement Permit procedures.
Equivalent Value
For purposes of the landscaping provisions of this Code, an amount of money which reflects the estimated
cost of equivalent tree replacement, as determined by Broward County.
Façade
The exterior walls of any side of a building.
Façade, Primary
The façade of a building oriented toward the primary street frontage.
Family
1 or more persons related by blood, marriage, or adoption and living as a single housekeeping unit in a
dwelling. The following persons shall be considered related for the purpose this chapter:
1. Not more than 5 persons under 19 years of age, residing a foster home licensed or approved by the
state:
2. Any person who is living with a family at the direction of a court.
A number of persons, but not exceeding 3, living as a single housekeeping unit, though not related by blood,
marriage or an adoption, shall be deemed to constitute a family for the purpose of this chapter.
Family Child Care Home
A licensed residence in which child care is regularly provided for compensation (e.g., payment, fee, or
grant)—whether or not operated for profit—for children that come from at least two unrelated families.
Family Child Care Home, Large
A licensed residence in which child care is regularly provided for compensation (e.g., payment, fee, or
grant), —whether or not operated for profit —for children that come from at least two unrelated families.
Fence
An artificially constructed barrier which is erected to enclose, screen, buffer, enhance or separate areas .
Fenestration
The windows, doors, and other openings that form a part of a building facade.
Fire Protection Water Supply, Private
Water used as part of the fire protection system which is not a part of the potable water supply, but which
requires positive pressure from such sources as canals, deep wells or lakes.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 343
Floor Area Ratio (FAR)
The total gross floor area of the building or buildings on a building site divided by the net area of the site. The
total floor area shall include the gross horizontal area of the several stories of any building or buildings on
the site, as measured from the exterior facing of exterior walls.
Fountain
An amenity that pours, jets, drips, or sprays water into a basin or into the air for a decorative or aesthetic
effect.
Full Circulation Parking Lot
A parking lot design, which permits a car entering a parking lot to circulate in front of all parking stalls and
restart the same movement again without using the public right-of-way.
Glazing
The portion of an exterior building surface occupied by glass or windows.
Grasses
See “turf.”
Gross Floor Area
The floor area inside of the exterior walls of a building.
Ground Cover
Plant material that normally reaches a maximum height of not more than 18 inches.
Hat Racking
Flat-cutting the top or sides of a tree, severing the leader or leaders, or pruning a tree by stubbing of mature
wood.
Hedge
An evenly spaced planting of shrubs to form a compact, dense, visually opaque living barrier or screen.
Horizontal Articulation
The way in which a building wall surface is broken down into horizontal modules, sub-parts, or major
elements, which are distinguished by changes in materials, texture, plane, or other architectural elements.
Impervious Area
Land surfaces that do not allow, or minimally allow, the penetration of water. Examples include building
roofs, normal concrete and asphalt pavements, and some fine-grained soils such as clays.
Improvements, Private
Development of land in private ownership for any use—including, but not limited to, the construction of a
golf course, waterway, lake, rockpit, canal, filling, grading, dredging, building, and landscaping.
Improvements, Public
Installations in the public right-of-way or easements, including but not limited to canals, bulkheads, curb
cuts, driveways, aprons, street pavement, curb, gutters, sidewalks, public parking areas, alley pavement,
water mains, sanitary sewers, storm drains, street name signs, landscaping, medians, median openings
and sprinkling systems
Infill
Land development that occurs within designated areas based on local land use or adopted plan where the
surrounding area is generally developed, and where the site or area is either vacant or has been previously
used for another purpose.
Intermittent Parking
The periodic parking of licensed vehicles of employees, occupants, owners, tenants or customers utilizing a
commercial building during business hours (not to exceed a period of 24 hours).
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 344
Irrigation
The supply and application of water other than natural rainfall.
Land
The earth, water, and air, above, below, or on the surface, and including any improvements or structures
customarily regarded as land.
Landscaping
Living plant material such as grass, sod, turf, ground cover, shrubs, vines, trees and palms; grading of land
area; irrigation; and nonliving durable materials commonly used in landscape design such as, but not
limited to, rocks, crushed stone, mulch, sand, walls, paved blocks, fences and water features which are
used separately or in combination with each other or with living plant materials to meet the requirements of
this chapter. Nonliving material usage must meet the intent of the landscape code and be approved by the
city during the approval process. Decorative rocks, pebbles, stone, etc., should only be used to accent
organic landscape material.
Lawn/Turf
See “Turf.”
Limited Service Street
See §10-4.11(C)(10), Minimum Widths of Rights-of-Way.
Liner Building
A building specifically designed to mask a parking lot or a parking garage from a frontage.
Local Street
A street used primarily for access to abutting property.
Lot
A parcel or tract of land.
Lot of Record
A parcel or tract of land which is or may be occupied by a building, and including open spaces required under
this chapter, which parcel or tract of land is described by a plat recorded among the public records of the
county.
Lot, Corner
A lot abutting on two intersecting streets.
Lot Depth
The distance measured from the midpoint of the street lot line to the midpoint of the opposite rear lot line. In
the case of a corner lot, the depth shall be the longer of the two possibilities.
Lot, Double-Frontage (also “Through Lot”)
A lot extending between, having frontage on and vehicular acces s from two streets.
Lot Line
The lines bounding a lot.
Lot Width
The average horizontal distance between side lot lines. For lots with irregularly shaped front building lines,
the lot shall be as determined by the Director.
Management
Anyone who conducts, directs the affairs of a business, either for his own interest or that of an owner and
includes those responsible for operation and supervision.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 345
Manufactured Home
A transportable, factory-built structure that is designed to be used as a single dwelling unit, that was
manufactured after 1976 or otherwise complies with the construction standards in the federal
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401).
Massage Apprentice
For purposes of the Massage Establishment regulations of this Code in Section 10-3.3(D)(9): A person
approved by the State Board of Massage therapy (meeting the qualifications stated in Chapter 64B7 -20.002,
F.A.C.) to study massage under the control, and instruction of a massage th erapist.
Massage Services
For purposes of the Massage Establishment regulations of §10-3.3(D)(9): The manipulation of the soft tissue
of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by
hydrotherapy, including colonic irrigation, or thermal therapy; any electrical or mechanical device; or the
application to the human body of a chemical or herbal preparation.
Maximum Extent Practicable
Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or
requirement, the costs of compliance clearly outweigh the potential benefits to the public or would
unreasonably burden the proposed project, and reasonable steps have been undertaken to minimize any
potential harm or adverse impacts resulting from noncompliance.
Mixed Occupancy
Occupancy of a building for more than one use.
Merchandise
Any goods, wares, or commodities bought or sold in the usual course of trade or business.
Mixed-use Development
A development site that includes any combination of residential and non-residential uses, such as but not
limited to retail, office, commercial, institutional, civic, restaurant, or entertainment, mixed vertically (e.g.
housing above commercial uses) or horizontally (e.g. housing next to and integrated with commercial uses)
in one or more buildings.
Mixed-use Structure, Traditional
A single building which contains dwelling units located above the ground floor of a retail, office,
commercial, institutional, civic, restaurant, or entertainment use.
Motorboat
Any vehicle which is primarily operated on water or which does operate on water, such as boats, barges,
amphibious craft, or hover craft, and which is propelled by mechanical power.
Muffler
Any apparatus consisting of baffles, chambers, or acoustical absorbing material whose primary purpose is
to transmit liquids or gases while causing a reduction in sound emission at one (1) end.
Mobile Home
A structure, transportable in one or more sections, that is at least 8 feet wide and 35 feet long (with the
hitch), is built on an integral chassis, includes plumbing, heating, air-conditioning, and electrical systems,
and is designed to be used as a single dwelling unit when connected to required utilities.
Mulch
An organic material such as wood chips, or bark placed on the soil to reduce evaporation, prevent erosion,
control weeds, enrich the soil, and lower soil temperature.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 346
Multi-Use Path
A trail or path, either within a public right-of-way or an easement on private property, which is physically
separated from vehicular traffic by an open space or barrier.
Native Tree
A tree of a species identified as native to this area by the Association of Florida Native Nurseries as may be
amended from time to time.
Net Floor Area
The net floor area of each floor or story of the total net lot area inside of the exterior walls of a building
excluding elevators, stair wells, trash rooms, meter rooms and power equipment rooms.
Newsrack
Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or
maintained for the display, sale, or distribution of newspapers or other news periodicals or advertising
circulars.
Noise
Any sound which is plainly audible from a distance of twenty-five (25) feet, or from the property of another.
Noise-sensitive Area
Includes, but is not limited to, real property normally used for sleeping, or normally used as a school,
church, hospital or public library.
Non-Business Community Facilities
Facilities that include library, art gallery, museum, municipal facility, religious assembly, or educational
facility uses.
Nonconforming Site Feature
Any driveway, off-street parking and loading, landscaping, buffer, screening, or exterior lighting that
lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with
the driveway, off-street parking and loading, landscaping, buffer, screening, or exterior lighting standards
of this Code, or the subsequent amendment.
Nonconforming Structure
A structure that was lawfully established before the effective date of this Code, or a subsequent
amendment thereto, but no longer complies with this Code.
Nonconforming Use
A use of land, buildings, and/or structures that was lawfully established before the effective date of this
Code, or a subsequent amendment thereto, but does not comply with the use standards applied by this
Code, or the subsequent amendment.
Nonconformity
A use, sign, structure, or site feature that does not meet the requirements of this Code.
Nuisance Vegetation
Certain non-native trees and landscaping, as listed by the Florida Exotic Pest Plant Council Invasive Plant
List as amended from time to time.
Off-street Loading Area
An area provided off the public right-of-way for the temporary parking of trucks being loaded or unloaded.
Open Space
An at-grade, non-impervious, non-water outdoor or unenclosed area that is permanently set aside for
active or passive recreational use and is accessible to the public all or most of the time. Such space must be
unoccupied by any vehicular use area or by any structure, except structures such as fountains, open
gazebos, trellises and similar open accessory structures which enhance the use of the open space.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 347
Outdoor Dining/Café
A dining area with seats and/or tables located outdoors which is accessory to a licensed and operating
restaurant where food and beverage are served and consumed for pay. Outdoor dining shall not include the
preparation of food or beverages, cooking, storage or placement of equipment of any kind, except the
temporary placement of implements associated with the service of food.
Overlifting
The removal of the majority of the inner lateral branches and foliage thereby displacing weight and mass to
the ends of the branches. The alteration of the tree's live crown ration may be considered as evidence of
overlifting.
Owner
The person or persons reflected as the property owner in the most current deed.
Parcel of Land (or “Tract”)
Any quantity of land capable of being described with such definiteness that its location and boundaries may
be established, which is designated by its owner or developer as land to be used or developed as a unit or
which has been used or developed as a unit.
Parking Space/Stall
A permanently maintained space improved and used for the parking of one motor vehicle.
Parking Aisle
The driving lane area immediately adjacent to the car parking spaces which permits maneuvering of the
cars entering and leaving a parking space.
Partial Circulation Parking Lot
A parking lot design which permits a car entering a parking lot to circulate in front of all parking stalls
without using the public right-of-way.
Party
The applicant, City, and any affected person who has requested to be heard at a hearing on an application.
Patios
A paved area abutting a structure that is open to the sky.
Pawn Shop
A pawn shop is a business that advances funds to a person on the security of pledged tangible personal
property on condition that the pledged property is left in the possession of the pawnbroker until redeemed
by the pledgor within an established default time period, after which title in unredeemed property vests in
the pawnbroker, who may then sell the property. This does not include antique shops or consignment shops
or thrift shops.
Person
Any individual, corporation, government agency, government official, business trust, partnership, two or
more persons having a joint interest, or any other legal entity. Persons subject to the remedies and
penalties established in §10-5.5 (Enforcement) for violating this Code shall include: an architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates,
causes, or maintains a condition that results in or constitutes a violation of this Code; or an owner, any
tenant or occupant, or any other person who has control over, or responsibility for, the use or development
of the land on which the violation occurs.
Person in Charge
The person in the place of business at any time who is charged with the duty of supervising, operating or
managing such business at such time.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 348
Personal Wireless Services
Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange
access services, and shall include "wireless service" as defined in F.S. §365.172, as well as "personal
wireless services" defined in 47 USC § 332(c)(7)(C)(i), as they may be amended.
Pervious Area
Land surface that allows the penetration of water.
Plainly Audible
Any sound that can be detected by a reasonable person of ordinary sensitivities using his or her unaided
hearing faculties.
Plat
A complete and exact drawing, submitted for official recording as required by statute, to identify and define
property rights, dedications and public improvements, and incorporating all corrections required by the
city.
Plaza
A public space that allows for the congregation of persons for special events, outdoor seating, and similar
pedestrian activity.
Plot
See “Parcel of Land.”
Plot Plan
See “Site Plan.”
Porch
A roofed space attached to the exterior wall of a building, open on one or more sides.
Power Generation Plant
The source of electric energy produced by hydroelectric, thermal, nuclear or other types of generating
plants.
Property Owner
See “Owner.”
Powered Model Vehicles
Any powered vehicle, either airborne, waterborne or land borne, which are designed not to carry persons or
property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by
mechanical means.
Protected Tree
Any existing tree that is required to be protected by barricaees to prevent damage during construction.
Prune
The removal of dead, dying, diseased, weak, or objectionable branch es in a manner consistent with the
American National Standards Institute (ANSI A-300) standards as incorporated herein and as may be
amended from time to time.
Public Amenity
An aesthetic or other character of a development that increases its desirability to a community or its
marketability to the public. Such public amenities will be placed in publicly accessible areas or areas visible
from the sidewalk or right-of-way.
Public Hearing, Quasi-judicial
A hearing held by a board or the city commission to adjudicate private rights of a particular person after a
hearing which comports with due process requirements, and makes findings of fact and conclusions of law
on the issue.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 349
Public Hearing, Standard
A public hearing that focuses on providing members of the public the opportunity to present information
and comments related to certain types of application, with such information and comments available for
consideration as subsequent recommendations and decisions are made.
Public Need
For purposes of the newsrack regulations of this Code, the process to establish a need for and approval of
additional newsracks at a specified location based on demonstrated need as described in section 20 -149,
demonstration of public need.
Public Right-of-way
Any street, avenue, boulevard, highway, alley, or public space, which is dedicated to, owned or controlled by
a public governmental entity.
Public Space
Any real property or structures thereon normally accessible to the public.
Quorum
The minimum number of board members that must be present at a meeting for the board to conduct official
business or take official actions.
Reconstruction
Any construction that alters the existing pervious area of a plot.
Recreational Vehicle
A vehicle that is built on a single chassis, is designed to be self-propelled or permanently towable by an
automobile or light truck, and is designed not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
Redevelopment
The conversion, relocation, reconstruction, structural alteration, enlargement of any development where
more than 25 percent of the gross floor area of the original structure will be removed, replaced or
renovated.
Relocation
The transplanting of plant material from one location to another location that is acceptable by the city
landscape architect or designee following proper horticultural and arboricultural procedures which
includes but is not limited to root pruning for a period of at least six weeks, providing adequate irrigation
from the act of root pruning to relocation and providing care and irrigation for a period of one year or until
the plant material is established.
Retail Merchant
Any merchant who sells to the consumer or for any purpose other than resale.
Rezoning
A change in the zoning district classification applied to land by the Zoning Map, reviewed and decided by the
City Commission under §10-5.4(F). (Also known as a Zoning Map Amendment.)
Rezoning, General
A rezoning that is not a site-specific rezoning—i.e., one that has an impact on a relatively large number of
properties or applicant, where the decision is contingent on and can be functionally viewed as the setting of
policy rather than the application of policy.
Rezoning, Site-specific
A rezoning that has an impact on a single or limited number of properties or applicants, where the decision
is contingent on a fact or facts arrived at from distinct alternatives considered at a public hearing on the
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 350
application, and where the decision can be functionally viewed as policy application rather than policy
setting.
Right-of-way
Land reserved, used or to be used for a street, alley, walkway, drainage, or other public purpose and owned
by the city, county, state, water management district or any other agency.
Roadway
That portion of a right-of-way improved, designed or ordinarily used for vehicular travel.
Roof Line
The top edge of the roof which forms the top line of the building silhouette or, for flat roofs with or without a
parapet, the top of the roof.
Rooftop Photovoltaic Solar System
A system which uses one or more photovoltaic panels installed on the surface of a roof, parallel to a sloped
roof or surface- or rack-mounted on a flat roof, to convert sunlight into electricity.
Root Ball
The earthen ball encompassing the root system of a tree or plant.
Sale
The transfer of ownership, title or possession, whether conditional or otherwise, for a consideration.
Setback
The minimum street front, side, or rear yard open space as measured between a building and the boundary
lines of the lot on which the building is located.
Setback, Front
The setback extending across the full width of the lot between the front lot line and the closest projection of
a building or structure along a line at right angles to the lot line, exclusive of steps, platforms, open
terraces, and walls not exceeding five feet in height.
Setback, Rear
A setback extending across the full width of the lot between the rear lot line and the closest projection of a
building or structure along a line at right angles to the lot line, exclusive of steps, platforms, open terraces
and walls not exceeding five feet in height.
Setback, Side
A setback extending from the front setback area to the rear setback area between the side lot line and the
closest projection of a building or structure along a line at right angles to the side lot line, exclusive of steps,
platforms, open terraces and walls not exceeding five feet in height.
Sexual or Genital Parts
For purposes of the Massage Establishment regulations of this Code in Section 10-3.3(D)(9): The genitals,
pubic area, anus, perineum of any person, and/or the vulva of a female.
Sexual Activity
For purposes of the Massage Establishment regulations of this Code in §10-3.3(D)(9): Any direct or indirect
physical contact by any person or between persons which is intended to erotically stimulate either person
or both, or which is likely to cause such stimulation and includes sexual intercourse, fellatio, cunnilingus,
masturbation, or anal intercourse. For purposes of this definition, masturbation means the manipulation of
any body tissue with the intent to cause sexual arousal. As used herein, sexual activity can involve the use
of any device or object, and is not dependent on whether penetration, orgasm, or ejaculation has occurred.
Nothing herein shall be interpreted to prohibit a licensed Massage Therapist, duly qualified under Rule
64B7-31.00, from practicing colonic irrigation.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 351
Shaping
The regular and frequent shearing of outer branches, making pruning cuts of one inch in diameter or less,
for the purpose of controlling the size and shape of the tree canopy.
Shared Parking
A joint use of a parking area by more than one development or use.
Shrub
A multistemmed woody plant with several permanent stems instead of a single trunk and usually not over
10 feet in height.
Sidewalk
A paved pedestrian walkway within the public road right-of-way, easement, or on private property.
Sight Visibility Triangle
See §10-4.4(D)(6), Sight Distance.
Site Area, Gross
The total area of a development, including the width to the center line of the abutting public rights-of-way.
Maximum residential densities are based on this area in relation to permitted density in the city land use
element.
Site Area, Net
The area of the parcel.
Site Plan
A complete technical submission reviewed by the planning board and approved by the City Commission
prior to filing for any development permit except as may be excluded in §10-5.4(H).
Special Exception
A use, designated as a Special Exception in the principal use tables, that may be appropriate in a particular
zoning district, but because of its nature, extent, and external effects, requires special use -specific
standards and special consideration of its location, design, and methods of operation before it is allowed in
the district; also, an application for a development permit allowing such use that is reviewed and decided by
the Planning Board under §10-5.4(G).
Special Magistrate
The city special magistrate appointed by the city commission to hear code enforcement violation cases, civil
traffic infractions as authorized by law, and any and all other matters authorized by law.
Specified Anatomical Areas
Less than completely and opaquely covered:
1. Human genitalia, pubic regions;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola;
4. Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
1. Human genitalia in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast.
Specimen Tree
A tree that has a diameter breast height (DBH) of 18 inches or greater with the exception of the following:
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 352
1. Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit,
including but not limited to mangos, avocados, or citrus.
2. Nuisance vegetation.
3. All multi-trunk palms.
4. Trees that are in poor condition or form as determined by the city based on the Guide to Judging Plant
Condition, International Society of Arboriculture (ISA), as amended from time to time.
Staff
Employees of the City of Tamarac.
State
The State of Florida.
Stealth Facility
Any telecommunications facility which is designed to blend into the surrounding environment. Examples of
stealth facilities include architecturally screened roof-mounted antennas, antennas integrated into
architectural elements, poles in the rights-of-way that are designed to look like light poles, and
telecommunications towers designed to look like light poles, power poles or trees.
Stop Work Order
An order issued by a Code Inspector or other authorized City staff that directs the person responsible for a
activity in violation of this Code to cease and desist such activity.
Storefront
The room or set of rooms facing the street on the ground floor of a commercial building, typically used as a
retail store, and the location of the primary customer entrance.
Story
That portion of a building included between the upper surface of any floor and the upper surface of the floor
next above it, or if there is no floor above, then the space between the floor and the ceiling or roof above the
floor.
Street
A public or private way affording principal means of access to abutting property.
Street Frontage
The distance that a lot line adjoins a public or private street from one lot line intersecting the street to the
furthest lot line intersecting the same street.
Street Frontage, Primary
Street frontage to which the primary building on the site is oriented, generally the street containing the
primary pedestrian entrance to the building and/or the numbered street address of the building.
Street Tree
Any tree placed in the right-of-way; trees adjacent to pavement in cases where the streets are private.
Structure
Anything constructed or erected with a fixed location on the ground, except hedges, shrubs, and trees.
Subdivision
The division of land into two or more lots or parcels for the purpose of transfer of ownership or
development, or if a new right-of-way is involved, and division of a parcel of land.
Swale
The area within the public right-of-way between the sidewalk and the edge of the pavement of the roadway,
and where there is no sidewalk, the area within the public right-of-way between the edge of pavement of
any roadway and the private property line.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 353
Swimming Pool
A body of water in an artificial or semiartificial receptacle or other container, whether located indoors or
outdoors, and used or intended to be used for public, or private swimming by adults or children.
Temporary Use Permit
A document authorizing the establishment, construction, or installation of a temporary use or stru cture
designated as requiring such a permit in §10-3.2, reviewed and decided under §10-5.4(K).
Text Amendment
A change to the text of this Code, reviewed and decided by the City Commission under §10-5.4(D).
Topiary Pruning
The practice of pruning a tree into an ornamental shape by pruning branches one inch in diameter or less.
Topsoil
Fertile, friable natural surface soil with an acidity range of pH 5.0 to pH 7.0 containing not less than five
percent organic matter.
Townhouse
A residential dwelling unit attached to 2 or more other dwelling units where each individual single family
unit is owned in fee simple. Units are joined to one another side-to-side by a common party wall or garage,
and/or with connecting permanent and architecturally unified structures such as breezeways.
Trafficway
A public right-of-way, with the primary purpose of facilitating through movement of vehicles in substantial
volume, as delineated on the county trafficways plan or the city's transportation element as may be
amended.
Traveling Dealers
All traveling dealers who bargain to sell any goods, wares or merchandise from house to house, for cash or
otherwise, by sample or in any other manner, for present or future delivery. They shall be deemed peddlers,
hawkers or itinerant vendors within the meaning of this chapter, except those persons doing business in
interstate commerce as otherwise provided in this chapter, or unless such license tax is prohibited by
section 8 of article 1 of the United States Constitution.
Tree
A self-supporting woody perennial plant, usually with one vertical stem or main trunk, which naturally
develops a more or less distinct and elevated crown and provides, at maturity, c haracteristics of the
species.
Tree Abuse
1. Pruning that reduces the height or spread of a tree that has not attained a height or spread of 30 feet,
by altering the dominant stem(s) within the tree crown to such a degree as to remove the natural
canopy of the tree; or
2. Pruning that leaves stubs or results in a flush cut; or splitting of limb ends; or
3. Peeling or stripping of bark; or the removal of bark to the extent that, if a line is drawn at any height
around the circumference of the tree, over one-third of the length of the line falls on portions of the
tree where bark no longer remains; or
4. Using climbing spikes, nails or hooks, except for purposes of total tree removal; or
5. Destroying the natural habitat of growth which causes irreparable damage and permanent
disfigurement to a tree such that, even with regrowth, the tree will never regain the orig inal
characteristics of its tree species, and is a danger to the public or property; or pruning defined herein
as tree abuse that results in the tree's death; or
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.2(F) Temporary Uses
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 354
6. Hat racking, which is flat-cutting the top or sides of a tree, to sever the leader or leaders or to prune
a tree by stubbing of mature wood, except where removal of a branch is necessary to protect public
safety; or
7. Pruning of live palm fronds which initiate above the horizontal plane unless this reflects the natural
growth habit of the species in question (i.e. Phoenix dactylifera); or
8. Overlifting a tree as defined in this chapter; or
9. Girdling of trees by guying, staking, supports, string trimmers, nonremoval of planting materials
from root balls and trunks, or
10. Removing landscaping required by this Code or required on an approved landscape plan; or
11. Exception: The removal of diseased or dead portions of a tree (such as palm frond), the removal of an
interfering, obstructing, or weak branch shall not constitute tree abuse under this section.
Interference with or obstruction of street lights, stop signs or traffic signals is an example of pruning which,
if accomplished by the American National Standards Institute (ANSI A-300) standards, as amended from
time to time, is not a violation of this section.
Tree Canopy
The upper portion of a tree consisting of limbs, branches, and leaves.
Tree, Ornamental
A tree that, by habit of growth, form, foliage, flower, or color display, makes it unique to its location.
Tree, Palm
A monocotyledonous tree (of tropical or subtropical species) having fronds with parallel vegetation and no
true woody bark.
Tree Removal License
A document authorizing the relocation or removal of trees subject to the Broward County Tree Preservation
and Abuse Ordinance.
Tree, Shade
A self-supporting woody perennial plant, usually with one vertical stem or main trunk which naturally
develops a more or less distinct and elevated crown and which provides a minimum shade of 30 feet in
diameter at maturity.
Tree, Small
Any self-supporting wood perennial plant which at maturity normally attains an overall height less than 20
feet at maturity.
Thrift Shop
A thrift shop is a retail establishment primarily engaged in selling used household goods and merchandise
(e.g., clothing, furniture, books, shoes, small appliances), where such goods and merchandise are not sold
on consignment. This use does not include consignment shops or antique shops or pawn shops.
Trim
To reduce, shorten or diminish gradually a plant or parts of a plant without altering the natural shape.
Turf
The upper layer of soil matted with roots of grass and covered by viable grass blades.
Understory
Plant material developed as an undergrowth associated in the habitat with trees.
Unlawful Noise
Any sound that (a) endangers the safety or health of any person, (b) disturbs a reasonable person of normal
sensitivities, or (c) endangers personal or real property.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 355
Use, Principal
The predominant or primary use or activity taking place on a lot. The principal use does not include any
accessory uses occurring on the same lot.
Variance
A development application authorizing a deviation from the standards of this Code where strict application
of the standard creates a hardship due to circumstances particular to a lot, and that is reviewed and decided
by the Planning Board under §10-5.4(Q).
Vehicular Use Area
Any area (except public thoroughfares) used by motor vehicles for parking, displaying, storage or
traversing.
Vertical Articulation
The way in which a building wall surface is broken down into vertical modules, sub-parts, or major
elements, which are distinguished by changes in materials, texture, plane, or other architectural elements.
Vine(s)
A plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself about a
support or holding fast with tendrils.
Violator
The person responsible for the ordinance or code violation which, in the appropriate circumstances, shall
be the perpetrator of the violation, the owner of the real property or personal property, or person legally
responsible for the property upon which the violation occurred, or all.
Visual Screen
An obstruction used to separate two areas or uses for the purpose of buffering a building or activity from
neighboring areas or from a street or private street, which is at least 75 percent opaque. Visual screens
may include, but are not limited to, masonry walls, fences, hedges, informal plantings, or berms.
Wholesale Merchant
Any merchant who sells to another merchant for the purpose of resale.
Xeriscape
A type of landscaping utilizing native plants and ground cover that needs little maintenance, which is
detailed in the South Florida Water Management District publication Waterwise, South Florida Landscapes,
Landscaping to Promote Water Conservation Using the Principles of Xeriscape, incorporated herein by
reference, amended from time to time.
Yard
An open space or area unobstructed from the ground upward by any structure.
Zoning Map
The Official Zoning Map on which the boundaries of the various zoning districts are drawn and that is an
integral part of this code.
(A) Sign Definitions
Abandoned Sign
Any sign that remains in place after an area, community, subdivision, development, entity, enterprise, club,
institution, or business has changed names, is no longer licensed, no longer has a certificate of occupancy,
is no longer doing business, is closed, or which no longer serves the intended purpose of the sign.
Address Sign
A sign indicating the street address of a building, bay, space, or property and, the numerical prefix of the
street address. In certain cases the bay, suite, or unit number must also be included.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 356
Advertising
Any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a
product, commodity, service, activity or entertainment.
Anchor Tenant
A tenant in a multiple tenant complex or building whose space has the largest square footage.
Animated Sign
A sign which utilizes motion of any part by any means, or displays flashing, oscillating or intermittent lights.
Announcing Sign
A temporary sign that reveals a project under construction, or an intended use for the premises in the
immediate future.
Banner Sign
A temporary sign having the characters, letters or illustrations applied to cloth, paper, fabric, plastic or
vinyl of any kind, whether or not attached to any staffs, post, poles, cords, structures with only such material
for backing.
Bay
A discrete owned or leased area shown on a floor plan.
Billboard Sign
A large freestanding outdoor structure found in places with high traffic utilized for advertising an
establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured,
available or furnished at a place other than on the property on which sign is located.
Box or Cabinet Sign
Any type of sign which is enclosed, bordered, or contained within a box-like structure, frame or other
device.
Building Identification Sign
A sign indicating the letter or number designation used to identify a building.
Canopy
A covered structure that projects from or extends beyond the main building and provides protection for
pedestrians.
Canopy Sign
A sign hung from a canopy.
Cantilever or Projecting Sign
A sign that extends perpendicularly above grade from a building or structure.
Changeable Copy Sign
A sign that is designed so that characters, letters or illustrations can be changed or rearranged without
altering the face of the surface of the sign.
Community
A residential area within distinct geographic boundaries defined by plat or site plan.
Community Directional Sign
A sign that is used to direct traffic to a residential community, subdivision, section, or complex.
Community Identification Sign
A sign that displays and is used to identify the name of a residential community, subdivision, section, or
complex.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 357
Community Service Sign
A sign that solely advertises a function of a nonprofit organization or corporation as defined by IR S Code.
Contractor Sign
A temporary sign used to identify the name of the general contractor and/or subcontractors who are
building, improving, remodeling or renovating a new or existing structure.
Development Sign
See “community identification sign.”
Dilapidated Sign
Any sign that is in need of painting or maintenance, overgrown by landscaping, has been defaced, has
defective parts, is missing some or all illumination or characters, is structurally unsound, has fallen into
disrepair, fails to be in the same form as constructed, or no longer conveys the approved message on the
sign.
Directional Sign
a. A sign permanently erected and maintained by the city, the county, the state, the United States
government, or any agency thereof, which is used to denote the name of any thoroughfare the
route to any city, educational institution, public building, park, recreational facility or hospital;
to direct and regulate traffic; or to denote any transportation or other agency for the direction
or safety of the public.
b. A sign, notice or symbol used to inform the public as to locations, directions, lands and
conditions affecting the safety of aircraft and aviation.
c. A sign located on and relating to an activity on the premises upon which the sign is located,
used to provide information to pedestrians and vehicular traffic, such as providing directions to
buildings within a complex; includes general information signs.
d. A sign within a development or at the entrance(s) thereto, used to show the name(s), directions
to the location(s) and addresses of the subdivisions or communities comprising the
development.
Directory Sign
A sign consisting of the index of the names of tenants of an office building, shopping center or other multiple
tenant business complex.
Electronic Message Center
A changeable copy, lighted sign that moves and/or flashes to create an illusion of movement for the
purposes of advertising, promotion or attention-getting with or without copy.
Electronic Time/Temperature Display
A changeable copy, lighted sign that changes to display the current time, current temperature and/or
current date for information only.
Electronic Sign Display
An illuminant advertising media which utilizes electronic components to convert electric signals into a
visual image (i.e. OLED, LCD, LED technologies).
Entrance Wall Sign
A sign attached to an upright structure of masonry, wood, plaster, or other building material which def ines
the access to a residential community.
Façade
The exterior surface of a building or structure including awnings.
Façade Sign
A sign on the façade of any building or structure.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 358
Fire Sale
Any offer to sell to the public or a sale to the public of new retail goods, wares, or merchandise at low or
discounted prices.
Flag
A shaped piece of cloth, paper, fabric, plastic or vinyl of any kind attached to a singular staff, post, pole or
cord.
General Information Sign
A sign providing information or a warning, such as, "Entrance," "Exit," "Caution," "No Trespassing," "Beware
of Dog," "Wet Paint" or "Parking in Rear."
Grand Opening
The first opening of a business not previously conducted in the city by the same person(s), group,
corporation, or enterprise at the particular location.
Gross Floor Area
The sum of the horizontal areas of the stories of a building or buildings, measured from the exterior faces of
exterior walls or from the centerlines of walls which separate buildings. Included within such sum sh all be
the areas of all stories and attic spaces providing structural head room of at least five and one -half (5½)
feet; interior balconies or mezzanines; and any other space reasonably usable for any purpose except
parking garage structure, but does not include all other interior spaces including those which are not
heated or air conditioned.
Ground Sign
The type of sign that is self-supported, not attached to or affixed in any way to a building or other structure.
Height of Sign
Unless otherwise specified in this article, sign height shall be measured from the predominant finished
grade of the entire property in which the sign is located to the top of the sign's highest element.
Holiday
A day of observance set aside by law or statute, identified on a legal United States Gregorian calendar, used
to celebrate or commemorate something that happened on or near that date.
Human Sign
A sign held or attached to a person for advertising, or a worker costumed for the purpose of advertising or
drawing attention to a business, commodity, service or product.
Illuminated Sign
Any sign having or using characters, letters, designs, logos or outlines illuminated by electric lights or
luminous tubes, whether or not such lights or tubes are physically attached to the sign.
Internal Illumination
A light source concealed or/contained within the sign which becomes visible.
Leasing Sign
A temporary sign indicating the availability of property for lease or rent.
Logo
A symbol, emblem, trademark, design, graphic or combination thereof used to identify a business,
organization or corporation to identify corporate property or products.
Mansard
A sloping section of an exterior wall extending to the roof line of a building at an angle with the exterior w all
from which it extends. It may be covered with roofing material to simulate a roof, but services an aesthetic
rather than functional purpose.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 359
Mansard Sign
A sign erected on a mansard.
Master Residential Area
The umbrella designation of a large master planned residential subdivision which may contain two or more
residential developments (i.e. Woodmont or The Woodlands).
Mobile Billboard
An advertising display that is attached to a mobile, non-motorized vehicle (such as a trailer), device or
bicycle that carries, pulls or transports a sign or billboard and is for the primary purpose of advertising.
Also a motorized vehicle with changeable copy for the purpose of advertising.
Model Sign
A temporary sign which designates a new residential unit design which is exhibited to depict other new
units of a similar design that are for sale or lease.
Model Sales Office Sign
A temporary sign used to identify a new residential housing project model sales office.
Monument Sign
A freestanding self-supported sign mounted on a solid base from the ground upward, embellished to
conceal all structural or support members, where the supporting structure of the sign face is
architecturally and aesthetically integrated into the overall design of the sign.
Multi-family residential development
A residential development consisting of four units or more. This definition is for the purposes of this chapter
only.
Multiple Tenant
A building or complex which contains more than one bay.
Nameplate Sign
A sign, other than a director sign, indicating the name, profession or business address of the person or
entity occupying the premises indicated by this sign.
Nonconforming Sign
A sign existing within the city on the effective date of this article or a si gn existing in an area annexed to the
city, after the effective date of this article, which, by its design, height, type, content, square footage, surface
area, location, use, structural support, or other characteristics does not conform to the current
requirements of this article.
Off-premise Project Directional Sign
A sign, not within the boundaries of a project that contains directional information for such project.
Outparcel Building
A building constructed on a parcel of land, adjacent to a larger tract of land in which the parcel was
originally an integral part of, which shares common ingress/egress or parking facilities with the adjacent
tract of land and is detached from other structures in the center.
Painted Sign
A sign painted directly onto the façade of a building or structure.
Parapet Wall
That portion of an exterior wall or façade that extends above the roof line.
Personal Gain Sign
A temporary sign used for the purpose of advertising the sale of household personal items known as a
garage, yard or patio sale.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 360
Pole or Pylon Sign
A sign erected upon one or more poles or posts and which is wholly independent of any building and/or
structure for support.
Political Sign
A sign used to indicate the name, cause or affiliation of anyone seeking public office or which indicates any
issue for which a public election is scheduled to be held.
Portable Sign
Any sign not permanently attached to the ground or a building, not including signs attached to vehicles,
except vehicles parked specifically for the purpose of signage.
Price Rate Sign
A sign used to indicate prices of products or services.
Primary Frontage
For the purpose of the sign regulations of this Code, the primary frontage shall be considered the portion of
any frontage containing the primary public entrance to the building or building unit.
Project
An improvement which has received approval of a new or major revised site plan from the city commission.
Promotions
A particular activity that is intended to stimulate the business, service, or enterprise.
Real Estate Sign
A temporary sign, indicating property which is for sale.
Roof Sign
A sign that is fastened to and supported by or on the roof of a building, or which extends over the roof of a
building or projects more than 36 inches over or above the roofline, or parapet wall of a building.
Sidewalk, Sandwich, or A-frame Sign
A sign that is movable and is not secured or permanently attached to the ground. It may have more than one
(1) face and is usually hinged at the top.
Sign
Any structure and all parts composing the sign, together with the frame, background or support thereof, or
any material bearing lettered word(s) or message(s) which is used for advertising or display purposes or
any statuary, sculpture, molding or casting used for advertising or display, or any flags, bunting, banners or
materials used for display or advertising purposes, or for the purpose of bring the subject matter thereof to
the attention of another.
Sign Area
The square footage of the area enclosed by the perimeter of the sign face except for monument signs,
ground signs, or entrance wall signs which the area is determined by measuring the overall height and
width of the entire sign structure including all components above grade. When a sign is composed of
individual characters and/or graphics only, the sign area is the area of rectangles enclosing all characters
and graphics excluding spaces between lines of copy or graphics.
Sign Face
The part of the sign that is or can be used for communication purposes, including decorative border(s).
Snipe sign
A sign of any size, made of any material, including paper, cardboard, wood or metal, when such sign is
tacked, nailed, pasted, glued, staked, or otherwise attached to trees, poles, stacks, fences or to other
objects.
Article 6 Rules of Construction and Definitions
10-6.3 Other Terms Defined
10-6.3(A) Sign Definitions
City of Tamarac, Florida Land Development Code
Effective July 12, 2018 361
Special Occasion Banner
A temporary sign in the form of a banner announcing a specified activity, function or occasion for a
business, enterprise, group or entity for a specified period of time.
Structure
Anything constructed or erected which requires location on the ground or which is attached to an object
having a location on the ground.
Temporary Sign
A temporary sign is any sign not permanently affixed or attached to the ground or a structure, which can be
removed without special handling.
Traffic-control Sign
Any sign used to control traffic on public or private property, such as "One Way," "Do Not Enter," etc. (see
also Directional sign).
Vehicle Sign
A sign affixed to a transportation vehicle or vessel, including automobiles, trucks, boats, trailers or
campers, for the purpose of identification of the use of that vehicle or vessel only. Vehicle signs must not
inhibit the safe operation of the vehicle or vessel upon which they appear.
Wall Sign
See Façade sign.
Window Sign
A sign located on or adjacent to either inside or outside of a window.
Yard Sign
A temporary sign placed upon or supported by the ground independently of any other structure .