HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-0561
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Introduced by: Temp. # 718 145
Rev. 4/7/80
4/16/80
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 6940—,5(o
AW ORDINANCE AMENDING SECTION 28-216 OF THE TAMARAC CITY
CODE PERTAINING TO TEMPORARY USE FOR MODEL, SALES OR
ADMINISTRATIVE PURPOSES OF A SINGLE OR MULTIFAMILY
RECREATION STRUCTURE OR BUILDING IN FURTHERANCE OF THE
COMPLETION OF A RESIDENTIAL PROJECT BY PERMITTING SALES
OFFICES AND MODELS FOR ONE PROJECT TO BE LOCATED AT THE
SITE OF ANOTHER PROJECT UNDER CERTAIN CIRCUMSTANCES;
DELETING THE MAXIMUM PERIOD OF TIME FOR WHICH THE
_ TEMPORARY USES MAY EXIST; PROVIDING METHOD FOR MEASURE-
MENT OF MINIMUM DISTANCE BETWEEN MODEL, SALES, OR
ADMINISTRATIVE O.FFICES AND RESIDENCES; PROVIDING THAT
APPLICATION FEES ARE DETERMINED BY RESOLUTION OF THE
CITY COUNCIL; PROVIDING METHODS OF TERMINATION OF
TEMPORARY USES; PROVIDING FOR CODIFICATION; PROVIDING
REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PRO-
VISIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: Section 28-216 of the Tamarac City Code is amended by
adding the words, numbers and punctuation underscored, and deleting the words,
numbers and punctuation struck through as follows:
Sec. 28-216. Temporary model, sales, and administrative use.
(a) The Council hereby determines that it is in the best
interests of the City to expedite and complete the construction of
a residential project which has been initiated. Accordingly,
irrespective of other provisions in this Code, the Council may permit,
by motion or resolution and subject to the restrictions set forth in
this section, the temporary use for model, sales, or administrative
purposes or any combination of the above, a single-family structure,
multifamily structure, or recreation structure, and the temporary use
of a temporary structure for sales purposes only, in a residential
zoning district se�ely-p-#a�tbe�apee-e-Abe-ee�p�eee-e#-lbe-said
prejeetr The models, sales, or administrative offices shall be
located at a Dlace where there will be minimal disruption or in-
convenience to the residents of the community as determined _by the
Council in its sole and absolute discretion.
(b) Such temporary use shall be subject to the following
terms, conditions and procedures:
(1) Upon proper application containing all details.,
requested by the City, the Council, in its sole discretion,
may permit such temporary use for a period of six (6) months,
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renewable upon specific application for an additional six-
month periods. In no event shall such temporary use exeeed
twe-�24-years-4s-tbe-aggregate-er continue beyond the
completion of the each project; granted permission to use
a structure. wh4ebeaer-eemes-first- The determination by
the Council to deny permission for such temporary use shall
be binding and conclusive upon the applicant.
(2) The Each application for such temporary use shall
contain proof or documentation as to the following:
a. The subject project shall consist of a
minimum of ten (10) dwellings or dwelling units.
b. The program for completion of the project
contemplates continuous construction.
c. A site plan consisting of an overlay of
the previously approved site plan showing, among
other things, plans for a paved parking area with
appropriate landscaping for a minimum of one parking'
space per two hundred (200) square feet of the proposed
temporary use floor area for the first project and one
space per three hundred square feet for each additional
project using the structure. Paving shall be a minimum
of one layer of coarse asphalt.
d. That the builder or developer bead-a-va44d
aettde-bu}+d4e9-perm4t has valid and unexpired site
plan approval.
e. That such temporary use will be solely in
furtherance of the completion and sale of the subject
project:, or as stated in subsection a above.
f. Such other information or data as may be
required by the City.
(3) Each application for either the original term
or a renewable term shall be accompanied by a nonrefundable
fee based upon the size of the proposed project as-fel4ewsj
in an amount determined b Resolution of the City -Council.
revocation or termination
(4) Upon expirationp f such permit for temporary
use, the model, sales, and administrative uses shall be
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forthwith terminated and the structures or buildings shall
be promptly vacated and converted to the a use fer-wh4eb-the
prejeet-is-permapeptTy-weed: normally permitted in the
district in which the property is located, or if the a roved
structure was a temporary structure, it shall be removed
within thirty days of the date of expiration, termination or
revocation of approval. In order to guarantee removal of a
temporary structure in a timely manner, an applicant for
approval of a temporary sales office shall grant the City an
irrevocable easement to go onto the property at any time
after thirty days of expiration, termination or revocation of
the permit in order to remove or to demolish the temporary
structure; an option to the City to acquire -the model for an
ur ose whatever for the sum of $10.00 in the event it is not
moved within thirt days of expiration, termination or
revocation of thepermit; and a cash bond in the amount of
two thousand ($2,000.00) dollars to cover the cost of
demolition or removal of the tem orar structure.
(5) No Certificate of Occupancy shall be issued to
any other dwelling units in the project housing the model,
sales, or administrative structure which are three hundred
(300) feet or less from the building structures in a multi-
family area, and one hundred fifty (150) feet or less in a
single-family area which is temporarily used for model, sales
office or administrative office function during such temporary
use, measured from the nearest point of any lot in the sales/
model complex to the lot line of_2ny lots within the above
radii. emeept-that The Council may waive this restriction
upon presentation of sufficient proof that an undue hardship
to the applicant wi4l would be created by its imposition.
(6) Upon the termination of the temporary use of such
structures or buildings, all necessary changes to conform
to the original approved site plan of the project shall be
made before a certificate of occupancy shall be issued with
respect to such buildings or structures.
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(c) The council shall have the right to provide such
waivers, terms and conditions as it shall, in its sole discretion,
deem proper in granting such temporary use for either the original
six-month period or for any renewal periods.
(d) The council shall have sole discretion by motion
or resolution to terminate such temporary use upon written notificatior
to the applicant of thirty (30) days provided the council has made
any one of the following determinations.
(1) The council has determined that there has been
a cessation of continuous construction of the project.., or
failure to commence construction of the models, admin-
istrative office or sales office, within six months of the
date of council approval.
(2) The council has determined that the temporary
use was not solely in furtherance of expediting the con-
struction and completion of the subject project-, or as
specified in subsection (a) above.
(3) The council has determined that the privilege
for such temporary use has not complied with the terms
and conditions specified by the council.
(4) The council has determined that there is more
than minimal disruption or inconvenience to the existing
community when models are used at one project for another
project as permitted in subsection (a) above.
(5) The council has determined that the structure
or grounds around them not being maintained in an
aesthetically acceptable manner.
SECTION 2: All ordinances or parts of ordinances in conflict here-
with are hereby repealed to the extent of such conflict.
SECTION 3: 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 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.
SECTION 4: Specific authority is granted to codify this ordinance.
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SECTION 5: This ordinance shall become effective upon its final
passage.
PASSED FIRST READING this-/-?— day of ,1980.
PASSED SECOND READING this�o--"0Yay of
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have approved
the form and correctness of this ORDINANCE
CITY ATTO EY
RECORD OF COUNCIL VOTE
MAYOR:
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
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