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Home My WebLink AboutCity of Tamarac Ordinance O-1976-0531 i I MDID : CITY OF TAMARAC, FLORIDA ORDINANCE NO. &-6d AN ORDINANCE AMENDING C1AP1ER 28 OF TAMARAC'S ZONING CODE, ARTICLE V, R-IB AND R-lC ONE - FAMILY DWELLING DISTRICTS AND ORDINANCE 76-13 OF TAMARAC CODE OF ORDINANCES BY AMENDING SECTION 28-33 APPLICABILITY OF ARTICLE; SECTION 28-36 PLOT COVERAGE; SECTION 28-38 FRONT YARDS; SECTION 28-39 SIDE YARDS; SECTION 28-40 REAR YARDS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT HERE- WITH: PROVIDING AN EFFECTIVE DATE. Temp. #412 Sept. 17, 1976 Revised 9/27/76 Revised 10/12/76 Revised 10/15/76 Revised 10/18/76 WHEREAS, the City Council of Tamarac has determined the need to amend the plot coverage and setback requirements for R-lB and R-lC One -Family Dwelling 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Chapter 28-Zoning--Article V, R-1B and R-lC One -Family Districts and Ordinance 76-13 is hereby amended by deleting sub -section 28-33 Applicability of Article and substituting thereto the following: Section 28-33 Applicability of Article and Definitions (a) The regulations contained in this article shall apply in all R-1B and R-lC districts. (b) Patios, as referred to in this Chapter, shall be de- fined 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 per- mitted to be enclosed. SECTION 2: Sub -section 28-36 Plot Coverage of said Chapter shall be amended as follows: Section 28-36 Plot Coverage The maximum plot coverage of all main and accessory structures, excluding garages and carports may be no greater than forty (407o) percent of the area of the plot. SECTION 3: Sub -section 28-38 Front Yards of said Chapter shall be amended as follows: Section 28-38 Street Yard Setbacks 1 1 (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 set- back 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 fif- teen (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 4: Subsection 28--39 Side Yards of said Chapter shall be amended as follows: Section 28-39 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...i_tems as air conditioners, garbage receptacles, and so forth on each side of at least seven and one-half (72) feet or if the dwelling is not a row house it may be built with a zero setback from any side property line pro- vided 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. (3) A recorded reciprocal easement of seven and one-half (7A) 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 reasonable 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 ten (10) feet on each side clear of all structures, in- cluding but not limited to such it..as.ar conditioners, garbage receptacles, and so forth. -2- I 1 1 (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 increase of one foot in width for each two feet in height of the structure in excess of twenty feet. SECTION 5: Subsection 28-40 Rear Yards of said Chapter shall be amended as follows: Section 28-40 Rear Yards (a) Residential Uses. Every plot used for dwelling pur- poses shall have a minimum rear yard setback of fif- teen 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 structure, exclud- ing patios, is more than fifteen (15) degrees from be- ing 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 property line to building, except that when a bulkhead is not required it shall be at least twenty-one (21) feet in depth. Where such rear yard abuts a golf course, public park or other open space which is properly zoned, platted and restricted to limit such facility to the open space use, the required rear yard depth may be reduced to eight feet. (b) Nonresidential Uses. Every plot utilized for a building, structure or use, except accessory buildings, structures or uses, 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 declared 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 19* day of Cd� o} , 1976. PASSED SECOND READING this )day c Exhibits A,B,C & D attached. ATTEST: / . _ .' FIRM'! I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. '� RECORD OF COUNCi VOTE MAYOR W. FALCK �U� VIM H. MASSARO 'i - h�_ CJW M. KELCH Ci,'l0 TUCKFR_ 6141A M. ViEINFR,irR � 1 s� Z h 15 degrees or more parallel to less than 15 degrees I I I 1 story 1 story 1 story living living living area area area open carport, I N5 entry way, or L ml pati o R/ W N EXHIBIT C: DISTANCE BETWEEN SINGLE 1 = 50' STORY D14ELLINGS INCLUDES R-3, R-3U parallel to less than 15 degrees rear p/L 1 story i living area EXHIBIT D: 1" = 50' t Tradius point 1 point of tangency 900 ' -r a'1--- 15 degrees or more �e� I 1 story living area r� open carport, entry way, or patio REAR YARDS INCLUDES R-3,- R-3U, R-lB, R-lC u 1 story 1 story open carport, living living entry way, or C-� area area patio 15 1,r►1A1. �13� M1N. 50' R/W or more EXHIBIT A: STREET YARDS FOR SINGLE STORY 501— 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 open carport,,--r M�� tangent line entry way, �a 1 star or pati o M��. living 49' P./W or less area -r 5 point of 1 ` tangency parallel to less radius point than 15 degrees EXHIBIT B: STREET YARDS FOR SINGLE STORY 1 ' = 50DWELLINGS ON RIGHTS-6F WAY 49' OR LESS INCLUDES R-3, R-3U, R-IB, R-1C