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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-075Introduced by: IZIM M Q.,a-a t-.tZ Temp. #741 Rev. 6/11/80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '8 9 20 21 22 23 24 25 26 27 28 29 '0 J1 32 33 34 35 36 CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE CREATING AN RM-10 ZONING DISTRICT AND ESTABLISHING COMPREHENSIVE REGULATIONS FOR SAID DISTRICT INCLUDING, WITHOUT LIMITATION, PERMITTED' AND PROHIBITED USES, MINIMUM SETBACKS, MINIMUM PLOT SIZE AND COVERAGE, MINIMUM FLOOR AREA PER DWELLING UNIT, MINIMUM PLOT AREA PER DWELLING UNIT, MAXIMUM STRUCTURE LENGTH AND A PROCEDURE 'TO SEEK SPECIAL APPROVAL FOR PLOTS WITH MULTIPLE STRUCTURES OR PRINCIPAL STRUCTURES EXCEEDING PERMITTED LENGTH; AMENDING SECTION 28-2 OF THE CITY CODE TO LIST THE NEW RM-10 ZONING DISTRICT AND TO OTHERWISE UPDATE THAT SECTION; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC, FLORIDA: SECTION 1: That Article VIII-A of the Tamarac City Code establishing an RM-10 District is hereby created which article shall read as follows: ARTICLE VIII-A. RM -10 PLANNED APARTMENT DISTRICT Sec. 28- Applicability of article. The regulations contained in this article shall apply in all RM-10 districts. Sec. 28- Permitted uses. No building or structure, or part thereof, shall be created, altered or used, or land or water used, in whole or in part, for other than one or more of the following specified uses: (a) Any use permitted in an R-1, R-lB, R-IC, R-2, RD-7, R-3, or R-3U zoning district, subject to the limitations, requirements and procedures specified for such district. (b) Multiple dwellings as set forth in this Article. (c) Public, private or parochial elementary, junior and senior high schools. Private and parochial schools shall offer curricula substantially equivalent to public schools of comparable grades and shall meet the academic requirements of the state department of education. r, . 1 2 3 4 5 6' a 8 9 10 11 12 13 14 15 16 17 .8 9 20 21 22 23 24 25 26 27 28 29 30 L 32 33 34 35 36 (d) Uses accessory to any of the above uses, not involving the conduct of any business, trade, occupation or profession, including a distributor transformer station for direct service to customers, providing that said transformer stations are landscaped in such a manner as to minimize their visibility from the street or from any adjacent or proposed residence. The following minimum standard shall apply: 1. At least one tree shall 6e planted every 25 feet around the perimeter of the substation, said tree to be at least 10 feet in height when planted, 2 inches in diameter at 5 feet above the ground, with no branching below 5 feet; all trees to be from the approved plant list of shade or large trees (Section 6-16 of the City Code as amended from time to, time) in order to provide maximum screening; and 2. A continuous hedge is to be placed around the perimeter of the substation, spaced no more than 24 inches apart and 24 inches in height when planted; said hedges to be maintained at least 30 inches in height; plants to be chosen from the approved plant list of hedges (Section 6-16 of the City Code as amended from time to time). (e) Municipally owned or operated facilities of any nature whatsoever. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 _1 32 33 34 35 36 Sec. 28- Location of uses. Notwithstanding any other provision of this article,except when there is development according to the limitations, requirements and procedures of another zoning district as permitted in Section 28- (a) above, the following requirements shall apply on all plots in RM-10 districts: setback (a) No part of any street yard/within twenty-five (25) feet of any street shall be used for parking. (b) No accessory building shall be located in any required street yard setback. (c) No accessory building or roofed structure shall be located within twenty-five (25) feet of any side or rear plot line. Sec. 28- Plot size. Every plot size shall be not less than one-half acre in area. Sec. 28- Plot coverage. The combined area occupied by all main and accessory buildings and roofed structures shall not exceed the percentagegiven in the following table for various heights of buildings, such height of building being the height of the highest main building: Height Percent One-story ............................................ 35 Two-story ............................................ 30 Three-story .......................................... 30 Sec. 28- Height of buildings or structures. No building or structure, or part thereof, shall be erected or altered to a height exceeding three (3) stories,nor may a building or structure or part thereof be erected or altered to a height exceeding forty (40) feet. Sec. 28- Street yard setbacks. (a) Where a street separates the plot from residentially zoned setback property, there shall be a street yard/on the plot adjacent to such street, not less than fifty (50) feet in width or depth. (b) Where a street separates the plot from nonresidentially zoned setback property, there shall be a street yard/on the plot adjacent to such street, not less than fifty (50) feet in width or depth. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 .i1 32 33 34 35 36 Sec. 28- Side yard setbacks Each plot shall have a side yard on each side, each of which shall be at least twenty (20) feet in width, with an increase of one foot in width for each two (2) feet in height of the structure in excess of twenty (20) feet. Sec. 28- Rear yard setbacks. Every plot shall have a rear yard not less than twenty (20) feet in depth, with an increase of one foot in depth for each two (2) feet in height of the structure in excess of twenty (20) feet. Sec. 28- Plot area per dwelling unit. Every plot used for dwelling purposes shall provide a plot area per dwelling unit of not less than four thousand three hundred and fifty-six (4,356) square feet. Sec. 28- Floor area. The minimum floor area of a one -family dwelling shall be one thousand (1,000) square feet, the minimum floor area of a dwelling unit in a two-family dwelling shall be six hundred (600) square feet and the minimum floor area of a dwelling unit in a multiple dwelling shall be four hundred (400) square feet. Sec. 28- Maximum Structure Length. Except as provided in Sec. 28- pertaining to situations with multiple structures or principal structures exceeding permissible length, a structure may not exceed 350 feet in length on. a straight line,or 500 feet in a sum of three lines or wings. A building is considered to be a continuous line, unless the longitudinal access is offset by forty-five degrees or more, but not to exceed ninety degrees. 'Sec. 28. Maintenance. All setback areas, yards, walkways, driveways and parking areas shall be maintained and kept in a neat and clean condition, free of refuse and debris. All landscaped areas shall be maintained in a live, healthy and growing condition, properly watered and trimmed. Any planting of grass, shrub or tree which becomes dead or badly damaged shall be replaced with similar sound, healthy plant materials. Sec. 28- Special approval for plots with multiple structures or principal structures exceeding permissible length. Whenever a development proposes more than one principal building on a —4— 1 2 3 4 5 6 7, 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 33 34 35 36 plot, or a principal building with a total length greater than allowed under this article, a special approval shall be required. The special approval shall be granted or denied at the same time as site plan approval and shall be valid only as long as the site plan is extant Such special approval shall,in addition to the requirements set forth elsewhere in this Article, be obtained in the following manner and subject to the following design criteria: (a) Special City Council approval. A special approval for multiple structure development on one plot may be granted by motion of the City Council approving the site plan of development, after considering input by staff and by the Planning Commission as otherwise required in this chapter and all other chapters of the City Code including, without limitation, chapters 7, 20 and 24, as amended from time to time. (b) Condominium, rental or cooperative. All units shall be subject to the same requirements for provision, maintenance and operation of open space, buildings and recreation facilities required by this chapter and chapter 20, as amended from time to time, and by Broward County platting regulations per- taining to local park dedications whether they are rental property or condominium or cooperatively owned property. (c) Vehicular circulation system. There shall be a vehicular circulation system to provide unimpaired flow of vehicular traffic, both public and private, through a collector roadway ,allowing ingress and egress to the site, and whenever applicable, such circulation system shall conform to chapters 20 and 24, and to the city's thoroughfare plan, the Broward County Trafficway Plan and the dedication of those roadways within the site. A right-of-way for any roadway, other than internal driveways, shall be no less than fifty feet in width. (d) Parking -areas. Parking areas shall be located so as to minimize conflicting movements between vehicles maneuvering in parking aisles and those vehicles traveling into, out of or through the site. The use of parking aisles as the principal means of on -site vehicular circulation is prohibited. Individual parking spaces shall not have direct access to local or collector streets. Bays, islands and minor loops are the recommended methods for handling parking design. (e) Pedestrian circulation system. There shall be an interior Pedestrian circulation system designed to provide residents with access to their -5- 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A 32 33 34 35 36 homesites, their parking areas and areas of interest on the site. These systems shall tie to adjacent properties to provide for community circulation by pedestrians. (f) Open space. There shall be provided on the site an area equal to not less than forty-five percent of the area of the site which is open and undeveloped, with either buildings or pavement for parking, drives or roadways. Public or semipublic areas, including setbacks, bicycle paths, sidewalks, pedestrian ways and approved canals, lakes, ponds and water areas located wholly within the development may be included as part of the required open space. Also, recreational facilities, including swimming pools and decks, golf courses and open recreational areas, may be included as part of the required open space where they are located wholly within the development. However, any area allocated to a golf course or a body of water shall not account for more than fifteen (15%) percent each of the required open space. (g) Len th of buildings; pedestnjan wa . No building shall exceed a length of four hundred feet in one line, or a total of six hundred feet in a sum of three lines or wings. A building is considered to be a continuous line, unless the longitudinal access is offset by forty-five degrees or more, but not to exceed ninety degrees. Additionally, there shall be located within the middle third of the building a pedestrian way through the building. (h) Separation between buildings. The minimum distance between buildings or wings of buildings shall be: (1) One-half the sum of two building heights between end walls. (2) The sum of the two building heights between fronting or rear walls, not to be less than sixty feet. (3) The sum of the two building heights between an end wall and a fronting or rear wall. Nothing in this subsection shall permit the closest point between buildings or wings of buildings to be less than thirty feet. (i) Setbacks. The building setbacks within a development shall be ten feet from any parking area and fifty feet from any public road or right-of-way. However, the setback from the right-of-way line of interior circulator streets shall be equal to not less than one-half the height of the abutting building and may be less than fifty feet from the road or right-of-way line. No part of any street setback yard/within twenty five feet of any street shall be used for parking. aMe 22 23 24 (j) Covenants and develo era reements. When submitting a plan and request for a special approval under this section, the applicant shall furnish the following: (1) A written statement containing the terms and provisions of any protective covenants or private restrictions which have been filed or which are proposed to be incorporated in the plat of the development or which _will affect the individual units thereof, including the method by which the covenants and restrictions will be caused to run with the land and be enforced. The form of such covenants and restrictions shall be approved by the city attorney prior to the granting of a special approval under this section. (2) A written statement containing proposals regarding cash payment in lieu of land dedication or covenants, or both, regarding park and recreation dedication required by the City Code, as amended from time to time. The city attorney and City Council shall review and approve the form of the proposed cash payment prior to the granting of a special approval under this section. (3) This section contemplates that the restrictions and covenants will have long term durations, with renewability features, and will be drafted in a form not violative of the rule against perpetuities. (k) For the purposes of this section, the applicable sketches shown on schedule A, as follows,shall apply and be complied with. SCHEDULE "A" (1) Length of building (see subsection (g) of this section): 25 r7----x — =1 26 longitudinal (/ lon itudinal 27 .00 T 28 $'ffs 450 minimum P.' ce 29 s section): x = building height Minimum = l 2 x+ but not less than 30'4 jl 32 33 34 35 36 of thi (2) Eq 900 maximum Maximum (x + y) = 600' Maximum "x" or "y" = 400' � Se aration between buildings: a . End to end (see subsection (h) , paragraph (1) y =building height l& b. Face to face (see subsection (h), paragraph (2) of this section): bMinimum = x b ova but not less :d than 60' p .0 this section): C. End to face (see subsection (h), paragraph (2) of Fty = bldg . height `D Minimum = (x + y) not less than 30' n �c (3) Setbacks (see subsection (i) of this section): 50, 25' SECTION 2: Sec. 28-2 of the Tamarac City Code is amended by adding the words, numerals and punctuation underscored and deleting the words, numerals and punctuation struck through as follows: See. 28-2. Districts —Established and enumerated. For the purposes of promoting the health, safety, morals and general welfare of the inhabitants of the city, of securing safety from fire, panic and other damages, of providing adequate light and air, of preventing overcrowding of land, of avoiding underconcentration of population, and of facilitating the provision of adequate transportation, water, sewerage disposal, parks and recreational facilities and other public requirements, the corporate area of the city shall be divided into the following zoning districts: W:C i 0 1 2 3 4 I 6 7 8 9 10 11 12 13 14 15 M '7 19 20 21 22 23 24 25 26 27 28 29 ON 1 32 33 34 35 36 R-1 district (single-family residence). R-IB district (one -family dwelling). R-1C district (one -family dwelling). R-2 district (two-family dwelling). Rp-7 district (two-family dwelling). R-3 district (lot density multiple dwelling). _ R-3U district (Row houses). RM-10 district(planned apartment district). -. R-4A district (planned apartment). R-5 district (motel and hotel uses). Rg-d4stp#et-4pes4deRt4al-off4ee3z- RB-A-dtstwte4-es4m}Red-resfdeRt4a--off4se4: T-1 district (trailer park). S-1 district (recreational uses). B-1 district (neighborhood business). B-2 district (community business). B-2A district (planned business center). B-3 district (general business). B-5 district (limited residential office B-6 district (residential office), A-5 district (agricultural excavation uses). M-1 district (light industrial). M-2 district (medium industrial). SECTION 3: Specific authority is hereby granted to codify this ordinance within Chapter 28 of the Tamarac City Code. SEGTION_4: 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 5: All ordinances or parts of ordinances in conflict herewith are repealed.to the extent of such conflict. WE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 8 19 20 21 22 23 24 25 26 27 28 29 0 31 32 33 34 35 36 SECTION 6: This ordinance shall become effective upon its final passage. PASSED, ADOPTED AND APPROVED thisILday of ,1980 PASSED, ADOPTED AND APPROVED thisZs'�day of ,1980 ATTEST: I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance itown RECORD OF COUNCIL VOTE MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT 4: -10- rr f (.. % 6. 4