HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-060Introduced by
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. — p
AN ORDINANCE AMENDING ORDINANCES NO. 1-64
AND 72-6, KNOWN AS THE ZONING ORDINANCES
OF THE CITY OF TAMARAC, BY ADDING A NEW
ARTICLE XVII, SPECIAL EXCEPTIONS; PROVID-
ING A SAVINGS CLAUSE; REPEALING LAWS IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That Ordinances No. 1-64 and 72-6 of
the City of Tamarac be amended by the creation of a new
article, Article XVII thereof, as follows:
"ARTICLE XVII. SPECIAL EXCEPTIONS.
The regulations set forth in this Article qualify
or supplement the Distract Regulations appearing elsewhere
in this Ordinance.
Section 17.1 PURPOSE
The purpose of the special exception is to provide
for certain uses which cannot be well adjusted to their en-
vironment in particular locations and full protection offered
to surrounding properties by rigid application of the District
Regulations. Due to the nature of the use, the importance of
relationship to the Comprehensive Development Plan, ;the pos-
sible impact on neighboring properties, require the exercise
of planning judgment on location and site plan.
Section 17.2 SPECIAL EXCEPTIONS ENUMERATED
The following building, structures, and uses may
be approved by the City Council as Special Exceptions in
certain Districts, except as otherwise provided, in accordance
with the procedures and standards of this Article, provided
that the public health, safety, morals, and general welfare
will not be adversely affected, that adequate off street
parking facilities will be provided, and that necessary safe-
guards will be provided for the protection of surrounding
property, persons, and neighborhood values. Unless otherwise
specified in this Article, or specified as a condition of
approval, the height limits, yard spaces, lot area, and
other applicable regulations, shall be the same as for
other uses in the District in which the Special Exception
is located.
In any District except a residential district:
1. Hospitals
2. Nursing or Convalescent Homes
3. Funeral Homes
4. Automobile Service Stations; provided, however,
that automobile service stations shall be permitted in B-3
districts. For purposes of this Ordinance, the term "resi-
dential district" shall not include the R-O district.
5. Water and waste water treatment facilities.
6. Ambulance service.
Section 17.3 SITE PLAN REQUIREMENTS
Each application for approval for a Special Exemp-
tion shall be accompanied by a site plan meeting the requirements
of the Tamarac Site Plan Review Ordinance #73-42, including
such amendments as may hereinafter be adopted, and such other
information as may be required for a determination of the nature
of the proposed use and its effect on the Comprehensive Develop-
ment Plan, the neighborhood, and surrounding properties.
Section 17.4 PROCEDURES - SPECIAL EXCEPTIONS
1. Applications for approval of a Special Exception
shall be submitted to the Building and Zoning Department,
which Department shall review the application and site plan
for sufficiency under the requirements of these regulations,
and forward necessary copies of the application to the Clerk
of the City Council for notation in the record of Council
business. The Clerk shall forward six copies to the Zoning
Commission for study, for holding of a public hearing, and
for recommendation and report to the City Council. Within
a reasonable time of the receipt of the application, the
Zoning Commission shall hold a public hearing in relation
thereto, at which parties in interest and citizens shall
have an opportunity to be heard. At least 15 days notice
of the time and place of such hearing shall be published in
a newspaper of general circulation in the municipality, no-
tice of the hearing shall be posted on the property in
question, and all property owners within a 300 foot radius
of the boundaries of the subject property shall be notified
by certified mail at least 15 days in advance of the hearing,
provided, however, that where the applicant is the owner of
land not included in the application, and that land not in-
cluded is a part of or adjoins the parcel for which the Special
Exception is requested, the 300 foot requirement shall be
measured from the boundaries of the applicant's ownership,
including the land not covered by the application. Within
30 days of the public hearing, the Zoning Commission shall
submit a report and recommendations to the City Council in
approving the Special Exceptions. The City Council may
establish additional conditions for an approval by a simple
majority vote, but shall require a vote of four -fifths of all
members of the Council to overrule a Zoning Commission recom--
I
mendation for disapproval or to eliminate or substantially
change any conditions attached to an approval by the Zoning
Commission.
2. It shall be the responsibility of the applicant
to furnish at the applicant's expense a certified list of
all property owners within a 300 foot radius of the boundaries
of the subject property. This list must be certified by a
licensed title company or other qualified individual, and the
applicant will bo responsible for the accuracy of the list
of property owners. The List must be submitted to the Building
and Zoning Department at the time of the filing of the appli-
cation. The list of property owners must be dated and certified
to a date not exceeding thirty days prior to the date of filing
of the application.
3. Approval of a Special Exception under this
Article shall be valid for a period of one year following
the date of approval, and thereafter shall become null and
void unless construction or use is substantially underway
during said one year period, or unless an extension of
time is approved by the Zoning Commission before the ex-
piration of said one year period.
4. Permits issued under a Special Exception
approval may be revoked by the Chief Building Inspector
for failure to comply with conditions of approval or ap-
plicable regulations.
5. The procedure for amendment of a Special.
Exception already approved, or a request for a change of
conditions attached to an approval, shall be the same as
for a new application, except that where the Zoning Commis-
sion determines the change to be a minor one relative to
the original approval, the Commission may transmit the same
to the Clerk of the City Council with the original record
without requiring that a new application and site plan be
filed."
SECTION 2: Should any section or provision of
this Ordinance or any portion hereof, or any paragraph,
sentence or word be declared by a Court of competent juris-
diction 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.
SECTION 3: All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed to the extent of
such conflict, including but not limited to Ordinance No. 72-6.
SECTION 4: This Ordinance shall become effective
immediately upon its final passage.
PASSED FIRST READING THIS DAY OF
PASSED SECOND READING THIS � DAY OF
PASSED THIRD READING THIS 1IDAY OF
, 1973.
, 1973.
, 1973.
ATTEST:
I dCITY CLERK
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Councilman Johnson
Councilman Sholtz
Councilman Socker