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Home My WebLink AboutCity of Tamarac Ordinance O-1976-052Ll 1 I PROPOSED BY: �/77�G� , + f Temp. #411Sept. 17, 1976 INTRODUCED BY: d--6y- .-/L _ Revised 9/27/76 Revised 10/12/76 Revised 10/15/76 Revised 10/18/76 CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 28 OF TAMARAC'S ZONING CODE, ARTICLE VIII, R-3U ROW HOUSE DISTRICT, BY AMENDING SECTION 28-62 APPLICABILITY OF ARTICLE; 28-64 PERMITTED USES; SECTION 28-66 PLOT ODVERAGE; SECTION 28-68 FRONT YARDS; SECTION 28-69 SIDE YARDS; AND SECTION 28-70 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 R-3U Row House Districts, 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 implementing the objectives of the aforesaid, NOW, TFJEREFDRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Chapter 28-Zoning-Article VIII, R-3U Row House District is hereby amended by deleting sub -section 28-62 Applicability of Article and substituting thereto the following: Section 28-62 AuT)licability of Article and Definitions (a) The regulations contained in this article shall apply in all R-3U districts. (b) Patios, as referred to in this Chapter, shall be defined as areas, usually paved, adjoining hones, 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 28-64 Permitted Uses of said Chapter shall be amended as follows: Section 28-64 Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following specified uses: (a) Any use permitted in an R-IB, R 1C or R-2 district subject to all limitations and requirements specified for such use. (b) Row housing or townhouses. (c) Uses accessory to any of the above when located on the same plot and not involving the conduct of any business, trade, occupation or profession. SECTION 3: Subsection 28-66 Plot Coverage of said Chapter shall be amended as follows: Section 28-66 Plot Cover �e The maximum plot coverage of all main and accessory structures, excluding garages and carports, may be no greater than fifty (5070) percent of the area of the plot. SECTION 4: Subsection 28-68 Front Yards of said Chapter shall be amended as follows: Section 28-68 Street Yard Setbacks (a) Residential Uses. Every plot used for single --story dwelling purposes shall have a minimum street set- back 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 building, 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 purposes shall have a minimum street setback of twenty (20) feet in depth. (b) Nonresidential Uses. Every plot whose principal use is nonresidential shall have a front yard not less than thirty feet in depth. SECTION 5: Subsection 28-69 Side Yards of said Chapter shall be amended as follows: Section 28-69 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 conditioners, 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 property line provided however the setback from the opposite property line shall not be less 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 permitted on the interior property line wall, which wall shall be of fire wall construction as defined in the Broward South Florida Building Code. ota (3) A recorded reciprocal easement of seven and a half (72) feet shall be required on the adjoining lot adjacent to the zero lot line setback and in no case shall landscaping be placed so as to prevent access for maintenance purposes. (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 dwelling purpose shall have a minimum setback of at least fifteen (15) feet, clear of all structures, including but not limited to such items as air conditioners, garbage receptacles and so forth; provided, that where a multiple dwelling in the form of a row house is erected on three or more platted lots with the dividing party walls between separate dwelling units centered on the common lot line between two platted lots, a side yard shall not be required adjacent to and on either side of such cormion lot line. (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 feet in width, with an increase of one foot in width of each side yard for each two feet in height of the structure in excess of twenty feet. (c) Distance between Buildings. In any residential district wherein more than one (1) building may be erected upon a lot, tract, plot, or parcel of land: (1) If said buildings are 1-story.i 14jngs,. _a11 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 fifteen (15) degrees or more from being parallel they shall be sep- arated 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) de- grees 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 buildings are parallel. Where such exterior walls are fifteen (15) degrees or more from being parallel they shall be sep- arated by a distance of not less than twenty (20) feet. Such buildings shall be erected, however, to pro- vide "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 6: Subsection 28-70 Rear Yards of said Chapter shall be amended as follows: -3- Section 28-70 Rear Yards (a) Residential Uses. Every plot used for dwelling purposes shall have a minimum rear yard setback of fifteen feet, provided, however, the minimum rear yard setback may be decreased to ten (10) feet when the rear wall of the living area of the struc- ture, excluding patios, is more than fifteen (15) degrees from being parallel to the rear property line (see Exhibit "D"). The minimum rear yard of dwelling units abutting upon a waterway shall be at least twenty-five (25) feet in depth, from the property line to building, except that when a bulkhead is not required, it shall be at least twenty-one (21) feet in depth. (b) Nonresidential Uses. Every plot whose principal use is nonresidential shall have a rear yard not less than twenty-five feet in depth. SECI'ION7: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 8: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the reminder hereof other than the part declared to be invalid. SECTION 9: This Ordinance shall become effective immediately upon its final passage. PASS® FIRST READING this day of f . 1976. PASSED SECOND READING this 6' c Exhibits A,B,C & D attached I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. 1 RECORD OF COUNCIL VOTE MAYOR IN.: A c i CJM M. WEIN 0 Mm P 1 C' M 1 story 1 story open carport, living living entry way, or r- area I area 1 patio 15 Ma �J 15, MIM. - 50' R/W or more EXHIBIT A: STREET YARDS FOR SINGLE STORY " 50 DWELLINGS ON RIGHTS -OF WAY 50' OR GREATER INCLUDES R-3, R-3U, R-1B, R-lC 1 story living ® area open carport,,,--r� entry way, 1 stor or patio 5 MAN. living area point of j tangency 1 parallel to less than 15 degrees 15 degrees or more �o�� tangent 1 ine NO 49' R/W or 1 ess 1 radius point EXHIBIT B: STREET YARDS FOR SINGLE STORY 1" = 50' D'WELLINGS ON RIGHTS -OF WAY 49' OR LESS INCLUDES R--3, R-3U, R-lB, R-lC I r P m —�� I �� degrees or more parallel to less I I i / than 15 degrees E�' 1 story 1 story oryliving living ngarea area open carport, tp ''-'�� entry way, or Mtw patio R/ W v EXHIBIT C: DISTANCE BETWEEN SINGLE 1 50 STORY D14ELLINGS INCLUDES R--3, R-3U rradi us poi nt ' point of tangency . r 1p to mlt L �- 15 degrees or more parallel to less /,�. 1 story than 15 degrees living �— area rear p/L 1 story open carport, living entry way, or area patio 0 EXHIBIT D: REAR YARDS III = 50' INCLUDES R-3, R-3U, R-IB, R-•1C