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Home My WebLink AboutCity of Tamarac Ordinance O-1970-045CITY OF TAMARAC, FLORIDA ORDINANCE AN 01F=T ;ANCE REPEALING ORDINANCES NUMBERS 17--69 & SECTION 1.08 OF ORDINANCE NUMBER 1~-04 AS AMENDED BY ORDINANCE NUMBER 17-69; 1'1:01IIr31TING ANY WALL, FENCE OR HEDGE UPON ANY RESIDENTIALLY ZONED LOT OR OTHER AREA SERVICED BY A CO11XON MAINTENANCE PROGRAM; PROVIDING REQUIREMENTS FOR FENCES, WALLS AND HEDGES ERECTED, PLACED OR MAINTAINED; REQUIRING A FENCE OR WALL BETWEEN AREAS ZONED FOR BUSINESS, COMMERCIAL OR INDUSTRIAL USE; REQUIRING COMPLIANCE FOR BUSINESS, COMMERCIAL OR INDUSTRIAL USE'S EXISING PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING A PENALTY THEREFOR; REQUIRING REVIEW OF SUI3DIV.I.SION PLATS IN REFERENCE TO FENCES AND/OR WALLS BY THE COUNCIL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE. WHEREAS, pursuant to the instruction of the City Council of the City of Tamarac, Florida, public notice has been given in accordance with the applicable law of the time and place of public hearing regarding the zoning ordinance described herein, and the said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard; andthe Council has examined and investigated the ordinance and its contents, and WHEREAS, public hearing has been held by the City Council pursuant to the Charter, and WHEREAS, the City of Tamarac is a planned community and maintenance of lawn areas is performed on a common basis, and WHEREAS, the City Council deems it to be in the best public interest to prohibit walls, fences and hedges'in those areas wherein lawns are maintained on a common basis in order to facilitate and implement the maintenance functions, and WHEREAS, the City Council deems it to be in the best public interest, welfare, safety, health and aesthetics to set certain standards for the construction, erection, installation and maintenance of fences, walls and hedges, and • W1-1EREAS, the City Council deems it in the best public interest, welfare, safety, health and aesthetics to reccuire the construction of fences between lands used for commercial purposes and lands used for residential purposes. NOW, T1EREFORE, BE IT ORDAINED BY THE COUNCIL of the City of Tamarac, Florida. SECTION 1: That Ordinance Number 17-69 and Section 1.06 of Ordinance Number 1-64 are hereby repealed in their entirety. SECTION 2: That no wall or fence, of whatever sub -- stance, or any series of schrubs, bushs, hedges, or other grow- ing matter placed or maintained in such a manner as to constitute a wall or a fence shall be constructed, maintained, or otherwise allowed on any lot within the City of Tamarac wherein said lot is maintained within the common maintenance scheme. Provided however, that this prohibition shall not apply to any existing or future perimeter fence surrounding the City boundary of the City of Tamarac nor any fence or similar structure to be located upon, patios or other similar non -lawn areas. SECTION 3: In residential districts fences, walls and hedges may be erected, installed and maintained along a lot line, or adjacent thereto, to a height not exceeding six (6) feet, except that no such fence or wall located in a required front yard setback or street side yard setback shall exceed four (4) feet in height. SECTION 4: No fence or wall or hedge shall be erected, placed or maintained along or adjacent to a lot line on any nonresidentailly zoned property to a height exceeding eight (8) feet. SECTION 5: Fences, walls and hedges erected, installed and maintained adjacent to a front or a side street plot Iine --2- 0 must be at least one (1) foot inside the said street plot line. SECTION 6: Fences, walls and hedges erected, installed and maintained on corner plots must be set back at least twenty (20) fret from the plot line running parallel to each side or front street. SECTION 7: No fence or wall shall be erected or installed unless a permit for same has been issued by the building department of the City of Tamarac and all walls and fences are to be located adjacent to the property line unless the adjoining I' property owners apply jointly for a permit and indicate their mutual assent to the erection of said wall or fence on their common property Line. SECTION 8: No fences or walls are to be erected or installed in a public right-of-way and permits may be refused ■, for fences or walls in easement areas. SECTION 9: Enclosures for pools, patios and back- stops for tennis or other games and sports are not permitted within required yard setback areas unless the same conform to the height restrictions contained herein. SECTION 10: The height of all fences and walls shall be measured from the grade at the center line of the street paving closest to the object regulated. SECTION 11: walls may be of concrete masonry, the or similar permanent materials, and fences may be of wood, bamboo, or similar materials, provided any design used is properly constructed and maintained. However, no fence may be of woven wire or chain link or similar material except to enclose pools. SECTION 12: Where property in a business, commercial or industrial district abuts, either directly or across an alley, property in a residential" district, a louvered concrete masonry - 3 - Iwall or fence shall be constructed on the side and/or rear of the property so abutting. Such wall shall not be less than five (5) feet nor more than six (6) feet in height. SECTION.13: The owners and/or other persons res- J! ponsible for any existing use as contemplated in SECTION 12 above that does not comply with the requirements of this ordinance on its effective date, shall have six months from the effective date herein within which to make those improvements necessary to comply. Failure to comply shall constitute a violation of this ordinance and any person who shall be convicted shall be punished by a fine not exceeding the sum of.Five Hundred Dollars ($500.00) or by imprisonment for not more than ninety (90) days or both such fine or imprisonment. SECTION 14: The continued maintenance of any fence, wall or hedge within the City of Tamarac shall be the responsibility of the owner or other person responsible for the property upon which said fence, wall or hedge lies or abuts. Fences, walls and hedges shall always be maintained in a condition that will insure safety, functional use, and a proper aesthetic appearance. No such fence, wall or hedge shall be maintained in such a manner as to constitute a nuisance. Such maintenance shall include but not be limited to: painting, repairing and pruning. SECTION 15: That any person, firm or corporation may apply to the Board of Adjustment for a variance of the terms of this ordinance. 'However, this shall not imply that the Board of Adjustment has the power to waive deed restrictions of record that may prohibit individual action. SECTION 16: The City Council, in considering any sub- division plat, may require that a fence or wall or hedge be con- - 4 - 4 1 M structed for screening purposes, and may fix the height of said fence, wall or -hedge, which height may exceed the Limitations set forth in this ordinance when said fence, wall or hedge is recciTa-,ended for screening purposes. The City Council, in reco,..ru:ending that a fence, wall or hedge be constructed for 1 screening purposes, shall take into consideration the following: i (a) Design of the fence, wall or hedge i + for appearance. (b) Location of the fence, wall or hedge If whether on private or public property. (c) Impairment of visibility at street or driveway intersections. SECTION 17: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such confl ict. SECTION 12: Should any section or provision of this ordinance or any portion hereof, or any paragraphs, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. ATTE - r PASSED FIRST READING this 11'day of , 1970. PA";S1::D SECOND READING this `j�-k day of , 1970. PASSED THIRD READING this day of , 1970. ke -"_Y�6� 5