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Home My WebLink AboutCity of Tamarac Ordinance O-1976-051PROPOSED BY: •["- Temp. #410 Sept. 17, 1976 INTRODUCED BY: 2� Revised 9/27/76 Revised 10/12/76 Revised 10/15/76 Revised 10/18/76 CITY OF TAMARAC, FLORIDA ORDINANCE NO. �?6 AN ORDINANCE AMENDING CHAPTER 28 OF TAMARAC'S ZONING CODE, ARTICLE VII, R-3 LOW DENSITY MULTIPLE DWELLING DISTRICT BY AMENDING SECTION 28-52 APPLICABILITY OF ARTICLE; 28-55 PLOT COVERAGE; SECTION 28-57 FRONT YARDS; SECTION 28-58 SIDE YARDS; AND SECTION 28-59 REAR YARDS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Tamarac has determined the need to amend the plot coverage and setback requirements for the R-3 Low Density Multiple Dwelling District, and WHEREAS, the Planning Commission has reviewed the proposed amendments and have determined that it would be in the best interest of the City of Tamarac to amend the existing requirements, and WHEREAS, the City Council of Tamarac is desirous of imple- menting the objectives of the aforesaid, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION l: CHAPTER 28-Zoning-Article VII R-3 Low Density Multiple Dwelling District is hereby amended by deleting Sub -section 28-52 ADDlicability of Article and substituting thereto the following: Section 28-52 A licabilit of Article and Definitions (a) The regulations contained in this article shall apply in all R-3 districts. (b) Patios, as referred to in this Chapter, shall be defined as areas, usually paved, adjoining homes, open to the sky for outdoor living. (c) Entryways, as referred to in this Chapter, shall be defined as open areas, adjoining entry doors to living areas, which may or may not be roofed. (d) Carports where dwellings are on a proposed right-of-way of less than fifty (50) feet shall not be permitted to be enclosed. SECTION 2: Sub --section 28-55 Plot Coverage of said Chapter shall be amended as follows: Section 28-55 Plot Coverage The maximum plot coverage of all main and accessory structures, excluding garages and carports, may be no greater than fifty (50%)percent of the area of the plot. SECTION 3: Sub -section 28-57 Front Yards of said Chapter shall be amended as follows: Section 28-57 Street Yards Setbacks (a) Residential Uses. Every plot used for single - story dwelling purposes shall have a minimum street setback of fifteen (15) feet, if the building fronts upon a right-of-way (R.O.W.) of fifty (50) feet or greater (see Exhibit "A"). Rights -of -way less than fifty (50) feet shall be permitted only where twenty-five (25) units or less are directly served by the proposed street. If a proposed building fronts upon a right-of-way (R.O.W.) less than fifty (50) feet, the minimum street setback shall be fifteen (15) feet and shall be measured from the closest point of living area of the build- ing, excluding such appurtenances, as open carports, entryways and patios. In the event, however, that the front wall of the living area is more than fifteen (15) degrees from being parallel to the right-of-way line in front of the building, the minimum setback area shall be reduced to ten (10) feet. In no event shall any appurtenances be less than five (5) feet from the property line (see Exhibit "B"). Every plot used for two-story dwelling pur- poses shall have a minimum street setback of twenty (20) feet in depth. Every plot used for a three-story dwelling purpose shall have a minimum street setback of twenty-five (25) feet in depth. (b) Nonresidential Uses. Every plot whose prin- cipal use is non-residential shall have a front yard not less than thirty feet in depth. SECTION 4: Subsection 28-58 Side Yards of said Chapter shall be amended as follows: Section 28-58 Side Yards (a) Residential Uses. Every plot used for single - story dwelling purposes shall have either a side yard clear of all structures including but not limited to such items as air condition- ers, garbage receptacles and so forth on each side of at least seven and one half feet or if the dwelling is not a row house, it may be built with a zero setback from any side prop- erty line provided however setback befrom less the opposite property line shall than fifteen (15) feet. (1) Roof overhangs shall not be permitted over property line where the zero lot line is utilized as setback on one side. (2) No openings of any kind shall be per- mitted on the interior property line wall, which wall shall be of fire wall construc- tion as defined in the Broward South Florida Building Code. (3) A recorded reciprocal easement of seven -and -a -half (7A) feet shall be re- quired on the adjoining lot adjacent to the zero lot line setback and in no case shall landscaping be placed so as to prevent rea- sonable access for maintenance purposes. IWZ (4) 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. (5) Every plot used for a two-story dwell- ing purpose shall have a minimum setback of at least ten (10) feet on each side clear of all structures, including but not limited to such items as air conditioners, garbage receptacles and so forth. (b) Nonresidential Uses. Every plot whose principal use is nonresidential shall have a side yard on each side, each of which shall be not less than twenty-five feet in width, with an in- crease of one foot in width for each two feet in height of the structure in excess of twenty feet. (c) Distance between Building. in any residential district, wherein more than one (1)bildding may be erected upon a lot, tract, plot, parcel of land: (1) If said buildings are 1-story build- ings, all parts of the buildings must be separated by a distance of not less than fifteen (15) feet if the exterior walls of said buildings are parallel. Where such exterior walls are faralleleen (theydegrees be or more from being p separated by a distance of not less than ten (10) feet (see Exhibit "C"). (2) If said buildings are 2-story buildings, all parts of the buildings must be separated by a distance of not less than twenty (20) feet if the exterior walls of said buildings are parallel. Where such exterior walls are fifteen (15) degrees or more from being parallel they shall be separated by a distance of not less than fifteen (15) feet. (3) If said buildings are 3-story buildings, all parts of the buildings must be separated by a distance of not less than twenty-five (25) feet if the exterior walls of said build- ings are parallel,. Where such exterior walls are fifteen (15) degrees or more from being parallel they shall be separated by a distance of not less than twenty (20) feet. Such buildings shall be erected, however, to provide "fire access" on at least three (3) sides of all buildings, except single family dwellings. "Fire access" is defined as a clear area, free of all structures. SECTION 5:Subsection 28-59 Rear Yards of said Chapter shall be amended as follows: Section 28-59 Rear Yards (a) Residential Uses. Every plot used for dwelling purposes shall have a minimum rear yard setback of fifteen feet, provided, however, the mini- mum rear yard setback may be decreased to ten (10) feet when the rear wall of the living area of the structure, excluding patios, is more than fifteen (15) degrees from being par- allel to the rear property line (see Exhibit ,'D"). The minimum rear yard of dwelling units abutting upon a waterway shall be at least twen- -3- 1 7 1.1 ty-five (25) feet in depth, from property line to building, except that when a bulk- head is not required, it shall be at least twenty-one (21) feet in depth. (b) Nonresidential Uses. Every plot whose prin- cipal use is nonresidential shall have a rear yard not less than twenty --five feet in depth. SECTION 6: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 7: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be de- clared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 8: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this day of_ � _ — , 1976. PASSED SECOND READING this lC -day of (/? 1975. Exhibits A,B,C & D attached ATTEST: X I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. LAO C T A ORN CZ %�4� U MAY0 'rr. VCK VAI H. MASSARO_ CAW M. KELCH_ CIM 0. TUCKER C/M M. WEINBERGER 11 1 1 story living r-- area 15 MMI. 1 story open carport, 1 i vi ng /1 entry way, or area L1 patio 15� MIM. 50' R/W or more EXHIBIT A: STREET YARDS FOR SINGLE STORY 150' DWELLINGS ON RIGHTS -OF WAY 50' OR GREATER -INCLUDES R-3, R-3U, R-lB, R-lC 1 story living area 15-degrees or more . - y r yes• tangent 1 i ne open .carport,^- -- entry way, 1 stor or patio o49' P,/W or less ; living � : �``' � area point o� tangency `1 h I parallel to less radius point i than 15 degrees EXHIBIT B: STREET YARDS FOR SINGLE STORY 1 55W DWELLINGS ON RIGHTS -OF WAY 49' OR LESS INCLUDES R-3, R-3U, R-1B, R-1C I 1 1 m parallel to less than 15 degrees 1 story 1 story living living area area R/W v •-15 'degrees or more 1 story living area open carport, 110 entry way, or patio EXHIBIT C: DISTANCE BETWEEN SINGLE ill 50' STORY DWELLINGS INCLUDES R-3, R-3U Fradius -poi nt Q` point of tangency �ri�- ` 15 degrees or more parallel to less ��/ 1 story than 15 degrees living -�---- area rear PAL 1 story open carport, / i living entry way, or area patio EXHIBIT D: 1" = 50' REAR YARDS INCLUDES R-3, R-3U, R-IB, R-lC