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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-062Introduced by: Temp. # 710 Rev. 1/17/80 zY2136//A0 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '7 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. Q-Lo -j�Lg AN ORDINANCE AMENDING SECTION 28-171 OF THE TAMARAC CITY CODE PERTAINING TO BUSINESS USES AND SPECIAL EXCEPTIONS BY REQUIRING ALL RESTAURANTS LOCATED_ WITHIN B-1 AND B-2 ZONING DISTRICTS AND DELICATESSENS - RETAIL LOCATED WITHIN B-1 AND B-2 ZONING DISTRICTS TO OBTAIN SPECIAL EXCEPTIONS AS REQUIRED IN DIVISION 2 OF CHAPTER 28 OF THE TAMARAC CITY CODE; ESTABLISHING STANDARDS FOR SPECIAL EXCEPTIONS FOR RESTAURANTS AND DELICATESSENS; SPECIFICALLY PER- MITTING DEPARTMENT STORES OF 5,000 SQUARE FEET OR MORE IN B-2 AND B-3 ZONING DISTRICTS; PERMITTING LAUNDERETTES WITH ON PREMISES DRY CLEANING FACILITIES IN�B-3 ZONING DISTRICTS BY SPECIAL EXCEPTION AND SETTING FORTH STANDARDS THEREFOR; PERMITTING LODGE HALLS IN B-1 ZONING DISTRICTS; PERMITTING THE -SALE OF BIRDS, RETAIL IN B-1, B-2 AND B-3 ZONING DISTRICTS; DELETING THE REQUIRE- MENT THAT BANKS AND SAVINGS -AND LOAN ASSOCIATIONS IN FREE STANDING BUILDINGS HAVE A MINIMUM OF ONE ACRE LOT SIZE; PERMITTING BY SPECIAL EXCEPTION IN B-1 ZONING DISTRICTS BUSINESS SCHOOLS AND ESTABLISHING STANDARDS THEREFOR; PERMITTING JEWELRY MAKING SCHOOLS IN B-2 AND B-3 ZONING DISTRICTS; REPEALING SECTION 28-197(b) OF THE CITY CODE WHICH SPECIFIED USES REQUIRING SPECIAL EXCEPTIONS DUE TO REDUNDANCY WITH SECTION 28-171 OF THE CITY CODE; AMENDING SECTION 28-197(a) OF THE CITY CODE TO REFLECT THE REPEAL OF SECTION 28-197(b) AND TO EXPRESS LEGISLATIVE INTENT THAT IF ANY CRITERIA FOR A SPECIAL EXCEPTION OR SPECIAL EXCEPTIONS IN GENERAL IS FOUND TO BE INADEQUATE, THE BUSINESS WOULD THEN BE A PROHIBITED USE IN THAT DISTRICT; RENUMBERING SECTION 28-197(c) TO SECTION 28-197(b); PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 28-171 of the Tamarac City Code is amended by adding the words, punctuation and numbers underscored and deleting the words, punctuation and numbers struck through as follows: Sec. 28-171. Same - Enumerated. M C r m 0 BUSINESS USE z U Abstract company x x X Advertising company x X x Aeroplane, ground school, special exception* X* Air conditioning equipment, retail only x X x Air conditioning equipment, retail repairs x X Air conditioning equipment, wholesale X Alcoholic beverages (accessory use), special excep- tion* X* x* x* Ambulance service, special exception* X* X* x* Amusement centers, indoors, special exception* X* x* x Amusement center, exterior, special exception* X* x Animal clinics (no boarding kennels for animals) X X Animal clinics, pet hospitals x Antique shops x X x Archery range x Armored car service offices X X Art galleries x x x Art schools X X Art supplies X x X Artiste' studios x x X 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 BUSINESS USE Associations (civic, etc.) x x Athletic clubs, indoors, special exception* x* x* Auctioneers, enclosed* x* Auditorium x Auto parts, equipment —Accessories, new, retail —Al- so new, wholesale* x x Auto repair: - (1) All work must be done within an enclosed building. (2) Outside storage or display of parts of mer- chandise is prohibited. (3) Outside storage of vehicles or parts of vehicles after working hours is prohibited. (4) Paint and body shops are prohibited. x* Auto storage, sales, cars for hire including motorcy- cles Auto tag agency and license bureau x x Auto tires, new, retail and installation x Auto tires, wholesale Auto wash racks, as accessory use* x* Automobile dealers display Awning stores, sales only* x* x* Bait fish (other than artificial) Bakeshops, retail, limited preparation x* x* Banks, commercial: 4f -the bank asa-freestandinW--building,-the.. pascal slrall- a-mimrrrtrm-ef cxre-{}}mere-exekraiive-of drive-in-farihties. If any bank, whether freestanding or not, is to have drive-in facilities, this use is allowed only if a traffic circulation plan is submitted which will be sufficient to satisfy the maximum projected usage of the drive-in facility on the site with no disruption of traffic off the premises or disruption of customers seeking to park their vehicles and to physically enter the bank. Each drive -up lane must have stacking capability of one hundred (100) feet minimum. x x Banks, commercial, not in freestanding buildings, with no drive-in facilities x x Barbershops x x Bars, not in restaurants x Bath and closet shops x x Beauty parlors x x Bicycle stores and repair shops x x Billiard rooms, poolrooms x Bird Stores, retail one x x Blacksmith shops Blood bank, commercial x Boat rentals x Boat.sales display in open Boat sales showroom enclosed, accessories x Bondsmen x x x* x* x x 2. 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 145 BUSINESS USE m z c3 c at s Bookstore, by special exception* z* x* x* Bottled gas x Bowling alleys x x Broadcasting studios, no towers x x x Building supplies, retail from buildings only; no open-air sales or storage facilities x x Burglar alarm company x x x Bus terminals z z Camera shops x x x Candy stores, retail x Car rental agency x Carpet and rug sales x x x Carpet and rug sales, cleaning on premises x Carpets, rugs, floor covering, retail x x x Carpets, rugs, floor covering, wholesale x* Carry -out foods x x x Caterers x x Ceramic, retail, limited preparation x x x China, crockery, glassware, earthenware, retail x x x Churches, places of worship, Sunday schools, con- vents, parish house x x x Clothing stores, except secondhand x x x Clubs, lodges, civic, noncommercial x x x Cocktail lounges, special exception* x* x* x* Community garage x Concrete products, retail x x Confectionery and ice cream stores x x x Conservatories (arts and music) x x Corsetieres (sales and fittings only) x x x Cosmetics, retail and incidental compounding, no manufacturing x x x Costumes, rental x x x Curb or auto service restaurants, subject to same requirements as restaurant and dining room x* x Curio stores x x x Currency exchange x x x Dairy products, retail x x x Dance academies and schools, soundproofed and maximum size of 5,000 square feet in B-1 zoning district x x x Day nursery, special exception* x* x* x* Dealer, secondhand merchandise x - Dehcatessen, retail special exception* x* x* x Delicatessens can create certain odors, generate garbage of large quantities whic ma attract vermin and insects and accordingly must beseparated b a sufficient buffer and contain other standards to protect t e health, safet and welfare of the eo le. Accordingly, this use is permitted by special exception in B-1 and B-2 districts. In addition to other requirements, the following criteria must be met: 1. The establishment shall be at least 100 feet from the nearest residence 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 _8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BUSINESS USE measured in a straight ine from the nearest means of ingress and a ress 0f e delicatessen to the nearest means of in ress and egress of the residence. 2. There must Be prior approval of the means and met od of waste co ection the Cit Counci . 3. A plan for control, reduction or elimination of offensive odors should be su mitted with e t a ication fors ecial exce tlon to the city. Dental clinic Department and dry good stores, leas than 5,000 square feet gross floor area Department and dry good _stores, 5,000 sq. ft. gross- Boor area or more Designing, making and assembling of art and craft products, hobby shop only Detective agencies Display materials, sales Dress shops and seamstress Drug and sundries stores Dry cleaning establishment without on -premises cleaning Dry cleaning plants, provided items (4)—(9) below are satisfied. Dry cleaning establishments, for direct customer services. This may create fire hazards and great odor pollution. Accordingly, this use is permitted by special exception in B-1, B-2 and B-3 districts. In addition to other requirements, the following criteria must be met: (1) No vehicular pickup or delivery services. (2) Customers shall bring in and pick up all articles and there shall be no wholesale work allowed. (3) Not more than one cleaning unit of a rated capacity of forty (40) pounds shall be allowed. (4) The entire dry cleaning process shall use completely enclosed solvent, reclaiming units (nonexplosive and nonflammable), with a carbon vapor absorber for vent odor. (5) The venting of the boiler must be extended so any discharge will not be offensive to the surrounding neighborhood. (6) All solvents used shall be nonflammable. (7) The establishment shall be at least one hundred (100) feet from the nearest residence measured in a straight line from the nearest means of ingress and egress of the dry cleaning establishment to the nearest means of ingress and egress of the residence. (8) All high-pressure boilers operating over fifteen (15) pounds per square inch, rated at more than three (3) boiler horsepower shall be enclosed in a noncombustible boiler room or enclosure as specified in the South Florida Building Code. a 4. :" ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BUSINESS USE (9) Venting of boilers as specified in paragraph (8) shall not be permitted unless the stack or vent is more than one hundred (100) feet from the nearest residence measured in a straight line from the nearest means of ingress and egress of the dry cleaning establishment to the means of ingress and egress of the residence nearest to the dry cleaning establishment or is separated by a road between the vent or stack and the nearest residence. Electrical appliances, retail Eleemosynary institutions Employment agencies Engines, diesel or gasoline, sales and service Express companies Exterminator Farmer's market Farms, truck gardens, nurseries, groves and inciden- tal buildings Feed and seed suppliers Festival equipment and supplies Fish, retail food market Fishing supplies, bait tackle, artificial bait only Florists Freight service Frozen food lockers Fruit stores, retail Funeral homes, special exception* Furniture stores, retail Furniture stores, wholesale or retail and wholesale Furrier Garage, including mechanical service* (see "Auto Repair") Garden supplies, retail Gasoline* and oil filling stations with usual ac- cessory uses, special exception* Gift shops Golf courses (miniature) Governmental buildings Grocery stores, less than 5,000 square feet gross floor area Gun club, (indoor only) Guns, retail Gymnasium M z x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x* x* x* x x x x x x x x x x x* x x x x x x x x x x x X x x x x 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 BUSINESS USE r a z c4 c a4 c3 a�4 da Haberdashery x x x Halls for hire, special exception* x* x Hardware store x x x Heating equipment, retail x x x Hobby shop x x x Homes, convalescent, special exception* x* x* Hospital, special exception* x* x* x* Hotels x x Ice cream, retail x x x Ice distributing depot x x x Insect and rodent exterminating x x Interior decoration shop, retail x x x Jewelry manufacturing x Jewelry store, watch repairs , restyling, polishing x x x Key shop x x x Laboratories; chemical, medical, testing, research x Landscape nursery, special exception* x* x* x Launderettes. This use is permitted by special exception if the following requirements are met: x* x* x* (1) All high-pressure boilers operating over fifteen (15) pounds per square inch, rated at more than three (3) boiler horsepower, shall be enclosed in a noncombustible boiler room or enclosure as specified in the South Florida Building Code. (2) Each dryer shall be equipped with its own lint screen with automatic shutoff. Launderettes, with on -premises dry cleaning facil- ities, special exception*, see "Dry Cleaners," same standards to apply as apply to dry cleaners and launderettes. x* x* X* Laundry establishment, without on -premises wash- ing x x x Lawn maintenance service, no outside storage, special exception* x* x* x Lawn mower sales and repairs x x x Leather goods store, retail x x x Library x x x Lighting fixtures distributors, wholesale and retail x Lighting fixtures, retail x x x Linen service a Loan agencies (other than pawnbrokers) x x x Lodge halls X x x Luggage shops x x x Liquor (package) stores x x x Mail order establishment x x x Marine supplies, retail x x Mattress renovating x Meat market, retail x x x Medical clinic x x x Messenger office x x x A O' ow 2 3 4 6 7 8 9 10 14 15 16 1.7 A 19 20 21 P*A 23 24 KI•1 BUSINESS USE Millinery shop Millwork, retail sales only, special exception* Modiste, wearing apparel, furrier, retail Motels Motorcycle sales and service, special exception* Municipal buildings, parks, playgrounds, reserva. tions, parking Museum Music and radio stores, retail Music instruction Newspaper bureau Newsstand Notions, variety stores Novelties (handbags and handicraft), retail Novelties (handbags and handicraft), wholesale or retail and wholesale Nursery sales (see § 28-149(a)) Nurseries Office building, general Office supplies and furniture, business machines Offices for doctors, dentists, pediatrics, architects, realtors and related professions Optical stores Optometrist Outdoor (sidewalk) sales (1) For a limited, temporary period of time not to exceed four (4) days. (2) In conjunction with an authorized, licensed business use. (3) Outdoor storage and display of merchandise during business hours only. (4) Requires application to and approval of city manager. Package and liquor stores Paint stores, wall covering, retail only Parcel delivery service Parking, commercial Parking garage, commercial Parking lots for rent Pawnshops Pet shops Photograph, developing and printing for others, retail, pickup and delivery only* Photograph galleries Photostati.ng and copy service w x x* x x x x x x x x x* x x x 4 x x x x x x x x x x x x x x x x x x x x x x x x x x x x a x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x* x* x x x x x x x 01 7 1 2 BUSINESS USE 3 4 Physical therapists (only when licensed by state) Plastic articles, retail 6 Plumbing fixtures, retail Plumbing, wholesale, repair shop 7 Post office Printing shops, blue printing business, newspapers 8 Pump and wells, retail 9 Radios, televisions, sales and repairs Real estate or insurance offices 10 Reducing salons Restaurant and dining room 11 Restaurants can create certain odors 12 generatepiar5age of are quantities wFichmay attract vermin and insects 13 and accordingly must be separated_by a sufficient buffer and contain other 14 standards to protect the health,safety and welfare of the people. Accor in 15 this use is permitted by special exception in_B-1 and B- is ric s. In 16 addition to other requirements, the foTlowing criteria must be met: 1.7 17 The establishment shall be at least 100 feet from the nearest residence g measured in a straight ine from the nearest means of ingress and egress of 19 the res auran to the nearest means of ingress and 20 egress of the residence. 2. There must be prior approval of the 21 means and method of waste collection the City Council. 3. A 22 plan for control, reduction or elimination of offensive odors show d be 23 su5mitted with the app. ication or,.special _ exception to the city. 24 Restaurant with drive-in window. In addition to all 25 parking and other regulations, each drive-in 26 window must have stacking capability of one hundred (100) feet minimum. Furthermore, if the 27 drive-in order is given at one location and is picked up at another location, there must be 28 stacking facilities of one hundred (100) feet minimum both at the order point and the point of 29 pickup. The drive-in facility's stacking must be ?0 self-contained and may not spill over to disrupt in any way customers seeking to park their cars or 31 disrupt the flow of traffic on public rights -of -way. 32 33 34 35 36 z- 8 R .. I 2 Kl 4 7 8 9 10 31 32 13 14 15 16 7 24 21 22 23 24 25 26 27 28 29 �-- 1 J 32 33 34 35 36 BUSINESS USE z U Restaurants can create certain odors generate garbage of .arequantities- which ma attract vermin an insects anaccord inglymust be separated y _ a sufficient buffer and contain other standards to rotect the healt sa et and welfare of t e eo , e. ccor in , t is use is ermitted y specia exce tian in B- and B-2 districts. In addition to other re uirements,.the following criteria must be met: 1. The establishment shall beat least 100 feet from the nearest residence measured in a strai ht ine from the nearest means of ingress an egress of the restaurant to the nearest means of in ress and egress of the resi ence. 2. - There must be-PPrior approval of the means and method of waste co ection t e City Council. 3. A an for control, reduction or elimination of offensive odors s ould be submitted with the a ication or s ecial exce p tion to t e cit Savings and loan associations. 1f -the-savings-,and x* x hm"'- -asseeifttim -is- -a- -freestan-ding - bnihhng,- -the parcel-s+m4l-be �minimtrrn •of-Orire sere, tl�si�e�f drive-hr-faei}irties_ If any savings and loan, whether freestanding or not, is to have drive-in facilities, this use is allowed only if a traffic circulation plan is submitted which will be sufficient to satisfy the maximum projected usage of the drive-in facility on the site with no disruption of traffic off the premises or disruption of customers seeking to park their vehicles and to physically enter the savings and loan. Each drive -up lane must have stacking capability of one hundred (100) feet minimum. x x Savings & loan, not in freestanding building x x Schools, business x* x Business schools are permitted by special exception only in B-1 zoning districts if all of the followin criteria are satisfied: 1 _ Theschool does not occupy mare than 2,000 s .ft. of gross floor area; and (2) All activities are conducted indoors; and _(TF Hours are to be limited in order to be com atib a with nei hborin estab ish- ments; and (4) The school shall not generate noises which may be heard outside of the establishment; an (5) The proposed school is compatible with - neighboring establishments;_and 6 Such other reasonable conditions as the City Council may require to protect the public health, safeq and welfare. Schools,driving x Schools, jewelr ma kin x 'a z; 0 x M 1 2 3 4 7' 8 9 10 11 -12 13 14 15 16 ,'7 " 20 21 22 23 24 25 26 27 28 29 I 1_J 32 33 34 35 36 Schools, modeling Schools, trade, vocational, industrial, public or private, not listed Secondhand stores Shoe repair shop Shoe stores Sign painting, car, lettering Skating rinks Soft drink stands Souvenir stores Sporting goods store Sprinkler system; shop, storage, and service Stationery stores Stock exchange and brokerage office Storage warehouses Sundry stores Supermarkets Surgical and orthopedic appliances, sales and accessories Swimming pools, supplies and accessories Tailor shop Tax collection agencies Taxi service establishment Taxidermist Telephone exchange building Television sales and repairs Theaters, special exception* Tire, battery and accessories, automotive; retail and installation, as enclosed accessory use only* Towel and uniform supply Trailers, display and sale of Trailers, Truck rental Travel bureau Tropical fish shop, retail Upholstery shop Utilities, public offices Vehicular and boat maintenance Vehicular and boat maintenance, as accessory use* Waiting rooms and ticket offices for transportation system Warehouses Water conditioning sales, residential and commercial Water treatment, pool equipment and chemicals (no manufacturing) Wearing apparel stores Wearing apparel, wholesale Wholesale merchandiser, retail trade Window blinds, draperies and curtains, retail Woodworking machinery, sales Wig shop 3"1 m x X x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x* x* x* x x x x x x x x x x x x x x x x* x* x x x x x x x x x x x x x x x 1 2 3 4 pl" _ 7 8 9 10 11 12 13 14 15 16 20 21 22 23 24 25 26 27 28 29 I 32 33 34 35 36 SECTION 2: Section 28-197(a) of the City Code is amended by adding the words, nu.,iara% and punctuatiai. undcll ;cored, and by deleting the words, numerals and punctuation struck through as follows: Sec. 28-197. Enumerated generally. (a) Generally. The fellew4ng buildings, structures and uses shown as permitted only by special exception in Section 28-171 of the City Code as the same may be amended from time to time, may be approved by the city council as special exceptionsexcept as other- wise provided in the City Code, in accordance with the procedures and standards of section 28-199 of the Tamarac City Code and provided that the public health, safety, morals and general welfare will not be adversely affected; that it con- forms to all city ordinances unless otherwise specified in this division, and unless or specified as a condition of approval the height limits, yard spaces, lot area and other applicable regulations shall be the same as for the other uses in the district in which the special exception is located. If any criteria for a special exception or for spec exceptions in general is found by a court of competent jurisdiction to be in adequate, the leqislative intent is for that business to be a_prohibited use in the district for which special exception approval had previously been required. SECTION 3: That Section 28-197(b) is found to be redundant and repetitious with provisions contained in Section 28-171 of the City Code and for that reason it is hereby repealed. Former Section 28--197(c) is hereby renumbered Section 28-197(b). SECTION 4: Specific authority is hereby granted to codify this ordinance. SECTION 5: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 6: 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 7: This ordinance shall be come effective immediately upon its passage. PASSED FIRST READING THIS_p�day of ,1980. PASSED SECOND READING THIS1��ay of_�7 980. ATTEST: CITY CLERK - I HEREBY CERTIFY that I have approved the �. form and correctness of this ORDINANCE Qj:4 )0 CITY ATTORNEY 1 32 33 34 35 36 MAYOR: WSTRICT DISTRICT DISTRICT DISTRICT RKORD OF COUNCIL VOTE 12.