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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1987-012,M 1 2 3 4 7 6 7 9 10 11 12 13 14 15 16 7 :8 19 20 21 22 23 24 25 M 27 28 29 0 32 32 33 34 35 Introduced by; �'�i � Temp. Ord. #1270 Rev. 2/24/87 Rev. 3/20/87 CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-87- /� AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEAL- ING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL); CREATING A NEW ARTICLE.XX (LI-1 LIGHT INDUSTRY); PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATIION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to preserve and enhance the present advantages and prevent or minimize future problems in the City of Tamarac, it is the intent of this Ordinance to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of the City of Tamarac and its citizens, and to maintain the stability and good order of its residential, commercial and industrial areas, therefore, a new Article XX entitled (LI-1) Light Industry is created; and WHEREAS, it is the intention of this Ordinance to permit office and business use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process, or as a result thereof, any material which may contaminate the hydrogeologic environment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards"; and WHEREAS, every use, trade, occupation or business under this Article shall comply with stargards, rules and regulations of the United States Environmental Protection :bc , c..iu "y 411 U-A= r lorlaa environmental Control Board, the Florida Department of Environmental Regulation, the South Florida Water Management District and with the laws and regulations of the County of Broward and the City of Tamarac, all of which are hereby incorporated herein and made a part thereof, as if fully set forth at length; and WHEREAS, public hearings have been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Council of the City of Tamarac deter mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Articles XX (M-1 Light Industrial District) and XXI (M-2 Medium Industrial), consisting of Sections 28-180 through 28-193 of the Code of Ordinances are hereby repealed in their entirety. SECTION 2: That a new Article XX entitled LI-1 Light Industry is hereby created to read as follows: SE;C'I'IOT� 28-180 APPLICABILITY OF ARTICLE The regulations contained in this Article shall apply in all LI-1 Districts, SECTION 28-181 PURPOSE It is the intention of this Ordinance to permit office and business use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic environment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". :WC 11 ,.z SECTTON 28-182 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 one or more of the following uses: (a) Any use permitted in a B-3 district, except as prohibited in Section 28-183. (b) Permitted uses: Assembly Uses Automobile accessories, except tires Boxes/corrugated Candles Optical equipment, Cameras and Equipment Televisions, radios, phonographs, tape recorders. Handbags Electrical fixtures Electronic devices Printing, publishing, lithography and engraving Manufacturin Uses: Ice Cream Jewelry Musical instruments Precision Instruments Small parts and devices Individual Uses Carpenter and cabinet shop Stationery, printing of Motion picture studio Pattern making Convention Center/Exhibition Hall Plumbing or electrical shop entirely within an enclosed building. Warehouses and storage buildings* (Special Exception) -3- .- ELC7:01: 28-183 PROHIBITED USES The permissible uses enumerated in Section 28-182 shall not be Construed to include, either as a principal or accessory use, any of the following. Any use not specifically prohibited herein and is not a permitted use, shall require a special exception permit. The manufacture of any product or the utilization of any process or operation not expressly specified for any L-1 district. Foundry Drop forging Stamping, dieing, shearing or punching of metal Paint or varnish manufacture Oil compounding or barreling Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete or products thereof. Motor freight terminals The manufacture of any product or the utilization of any operation not expressly specified for an L-1 district. Smelting or refining of ores or metals SECTION 28-184 HEIGHT OF BUILDING OR STRUCTURES No building or structure shall be erected or altered to a height exceeding 50 feet. However, a building or structure that abuts a residentially zoned district shall not exceed 35 feet in height even if said building or structure is separated from the residentially zoned district by a canal, street, alleyway or other public right of way. SECTION 28-185 PLOT SIZE There shall be no minimum required size of plot except there shall be at least one acre for each free standing building or structure; except that any industrial -zoned, unimproved platted lot of less than one acre in area within the city limits as of the effective date of this ordinance shall be exempt from this provision. -4- SECTION 28-186 YARDS (a) Where any LI-1 district is- separated by a street from a residential district, any plot in such non- residential district adjacent to the separating street shall be provided with a yard, at least 1/2 X '..right of the building with a minimum of 50 feet. (b) Where an LI-1 district directly abuts on a residential district without any separator between, such as a street, alley, canal or other public open space, any plot in such non-residential district shall be provided with a yard at least 50 feet in depth, adjacent to the residentially zoned property, and there shall be constructed along such abutting residential district line a concrete wall eight (8) feet in height. (c) Side and rear yard setbacks to be a minimum of 35 feet. (d) Where a yard is required in this section, such yard may not be used for walkways, parking or passenger cars or driveways and must be landscaped as required by Code. SECTION 28-187 PERFORMANCE STANDARDS No use, otherwise allowed, shall be permitted within the City of Tamarac, which does not conform to the following standards of use and operation, which standards are hereby established as the minimum requirements to be maintained within the City of Tamarac. (1) missions. Any emission of particulate matter from all types of processes or equipment that create .a public nuisance or violate the standards adopted by the applicable regulatory agency shall not be permitted. (2) Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled or eliminated so as not to become a -5- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 7 8 20 21 22 23 24 25 '6 27 28 29 0 31 32 33 34 35 nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by and as amended from time to time, by the American Standards Association. Octave bands Along property line abutting Along property in cycles a residential district or line abutting per second. within 200 feet of a resi- an industrial ,dentially zoned district, commercial dis- between 8:00 a.m. and 6:00 trict maximum P.m. * Maximum permitted permitted sound sound level in decibels. level in decibels. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200 - 2400 40 47 2400 - 4800 34 41 Over - 4800 32 39 *Permissible sound level between 6:00 p.m. and 8:00 a.m. ..__11 be decreased by 3 decibels in each of the octave bands. :3) Vibration. Every use shall be so operated that ground vibration inherently generated is not perceptible, without instruments, at any point on or beyond the property line of the property on which the use is located. (4) Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided, how ever, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling four (4) minutes in any sixty (60) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Ordinance shall be the standard. All measurements shall be, as appears, at the point of emission. N-M I S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 7 .9 19 20 21 22 23 24 25 .6 27 28 29 0 31 32 33 34 35 (5) a) Fumes, gases, vapors, liquids, dusts, hazardous waste material and acids. No person shall.cause or allow the escape into the open air, or in the grounds, of such quantities of fumes, gases, vapors, dusts, acids, hazardous waste material, contaminents detriment or nuisance to the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. (b) Tests may be required by the Building Depart- ment for the purpose of fumes, gases, vapors, dusts, odors, etc. or any other nuisance which may be present and which may come under the jurisdic- tion of the Building Department. Such tests shall be made by the owner or his authorized agent at the owner's cost and expense, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority, such as: American Society of Testing materials, U.S. Bureau cf Mines, U.S. Public Health Service, the National Board of Fire Underwriters or any of the agencies, boards or regulatory bodies of the United States, the State Of Florida, the County of Broward or the City of Tamarac. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the building department to conduct tests of these installations in behalf of the City. (6) Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake, well# canal or any body of water including, but not limited to,. the Biscayne Aquifer nor shall there be discharged upon or into the ground of any material which may be dangerous or discomforting to persons or animals or which may damage plants or crops. arm (7) Odors: The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the respira- tory tract or produce symptoms of nausea of which its inherent chemical or physical properties is detrimental or harmful to the health, comfort, living conditions, welfare, and/or safety of the inhabitants of this City shall constitute a nuisance. (8) Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be perceptible at any point on the lot line of the property on which the use is located or any point beyond the said lot line. (9) Electrical disturbance and radioactive materials and emissions. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards or emissions of electrical disturbance sufficient to adversely affect the operation at any point of any equipment, person, air or water supply. - (10 ) violations of Performance Standards: Any use of any facility or equipment, which results in a violation of the aforestated performance standards, shall be, and is hereby declared to be, a violation of this Section and may be prosecuted under the provisions of the City of Tamarac Code, or abated by any proper legal means upon application of the City. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 7 8 19 20 21 22 23 24 25 '6 i 27 28 29 31 32 33 34 35 SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provi�-ion of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be sever- able. SECTION 6: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this ZS day of 1987. PASSED SECOND READING this day of 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A. BRYAAT A �h` G TE CIT TT013NY RECORD OF COUNCIL VOTE MAYOR: DISTRICT 1: DISTRICT 2: DISTRICT 3: 1) ;;CT A g 7 AS a-</8 7 Wz Introduced by: Temp. Ord. # /o? 7C7 MEMO TO: FROM: DATE: SUBJECT: REFERENCE: CITY OF TAMARAC, FLORIDA ORDT NANC P Nn fl- R7 -- C�ty 0l CjCtn1Uk0C INTER -OFFICE MEPAORANDUM Carol E. Barbuto, City Clerk Thelma Brown, City Planner February 24, 1987 Revised Light Industry Ordinance Attached please find the Revision of the Light Industry Ordinance. I have reviewed this Ordinance as to wording and form and the only correction to be made is on Page 3, c Line 31, the word lithography has been spelled incorrectly. Please make sure this Ordinance is the one considered by the City Council at the Public Hearing of February 25, 1987. Thelma rown City P1 nner TB/prh Enc: POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS AN EQUAL OPPORTUNITY EMPLOYER Agency, and. with the Florida Environmental Control Board, the so Florida Department of Enviornmental Regulation, the South Florida Water management District and with the laws and regulations of the County of Broward and the City of Tamarac, all of which are hereby incorporated herein and made a part thereof, as if fully set forth at length. WHEREAS, public hearings have been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Council of the City of Tarriaxac deter mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Articles XX (M-1 Light Industrial District) and XXI (M-2 Medium Industrial), consisting of Sections 28-180 through 28--193 of the Code of Ordinances are hereby repealed in their entirety. SECTION 2: That a new Article XX entitled LI-1 Light Industry is hereby created to read as follows: SECTION 28-180 APPLICABILITY OF ARTICLE The regulations contained in this Article shall apply in all LI-1 Districts. SECTION 28--181 PURPOSE It is the intention of this Ordinance to permit offices and business' use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic enviorn- ment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". SECTION 28-182 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 one or more of the following uses: -2- (a) Any use permitted in a B-3 distract, except as prohibited in Section 28-183. (b) Manufacture of the following: Automobile accessories, except tires Boxes Brooms and Brushes Carbon Canvas, cloth, cork, excelsior or textiles, Candy Cosmetics and toiletries, except soap Clothing and hats Candles Convention Center Ice cream Jewel ry Optical equipment Pottery, electrically fired Perfume Precision instruments Rope Sash and doors Silverware Spices and spice packing Stationery Television, radio and phonograph Artificial flowers, feathers or plumes Bags Buttons or novelties Canvas products Electrical fixtures Electronic devices Hardware and cutlery Musical instruments Small parts and devices Carpenter and cabinet shop Electroplating Hydronponic garden Motion picture studio Pattern making -3- Printing, publishing, litography and engraving Stamping, dieing, shearing or punching of metal not over one -eighth inch in thickness. Tool, die and gauge shop Transformer and electrical switching station Plumbing or electrical shop entirely within an enclosed building. Sewage treatment plant existing on February 9, 1972 Municipal parking lot for open air storage of automobiles, trucks, campers, trailers, mobile homes, boats and other similar items accepted by the City for storage. Warehouses and storage buildings Accessory uses and structures (Ord. No. 72-6, P.2) Automatic screw machines Automobile Assembly plant Assaying Canning factory Construction or contractor yard Cooperage Die casting Metal buffing, plating and polishing Machine shop Millwork, lumber and planning mill Radio or television broadcasting towers or antennae Welding shop Storage in bulk of asphalt, brick, building materials, butane, cement, clay products concrete products, coal, contractor's equipment, cotton, grain, gravel, hay, ice, lead, lime, plaster, pipe, lumber, roofing, rope, sand, stone, terra cotter, timber, wood or wool; provided that the area s6 used is located inside a fully enclosed building or masonry wall at least 18 feet in height. QL SECTION 28-183 PROHIBITED USES The permissable uses enumerated in Section 28-182 shall not be construed to include, either as a principal or accessory use, any of the following. Any use not specifically prohibited herein and is not a permitted use, shall require a special exception permit. The manufacture of any product or the utilization of any process or operation expressly specified for any L-1 district. Foundry Drop forging Stamping, dieing, shearing or punching of metal exceeding one -eighth (1/8) inch of thickness. Pain or varnish manufacture Oil compounding or barreling Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete or products thereof. Motor freight terminals The manufacture of any product or the utilization of any operation expressly specified for an L-1 district. Smelting or refining of ores or metals SECTION 28-184 HEIGHT OF BUILDING OR STRUCTURES No building or, structure shall be erected or altered to a height exceeding 50 feet. However, a building or structure that abuts a residentially zoned district shall not exceed 35 feet in height even in said building or structure is separated from the residentially zoned district by a canal, street, alleyway or other public right of way. SECTION 28-185 PLOT SIZE There shall be no minimum required size of plot except there shall be at least one acre for each free standing building or structure. SECTION 28-186 YARDS (a) Where any LI-1 district is separated by a street from a residential district, any plot in such non- residential district adjacent to the separating -5- street shall be provided with a yard, at least 1/2 X height of the building with a minimum of 50 feet. (b) Where an LI-1 district directly abuts on a residential district without any separator between, such as a street, alley, canal or other public open space, any plot in such non-residential district shall be provided with a yard at least 50 feet in depth, adjacent to the residentially zoned property, and there shall be constructed along such abutting residential district line a concrete wall eight (8) feet in height. (c) Side and rear yard setbacks to be a minimum of 35 feet. (d) Where a yard is required in this section, such yard may not be used for walkways, parking or passenger cars or driveways and must be landscaped as required by Code. SECTION 28-187 PERFORMANCE STANDARDS No use, otherwise allowed, shall be permitted within the City of Tamarac, which does not conform to the following standards of use and operation, which standards are hereby established as the minimum requirements to be maintained within the City of Tamarac. (1) In view of the fact that the legislature of the State of Florida is presently working on water and air pollution control programs, and other enviorn- mental improvement entities created by the State of florida and the County of Broward are establishing limitations on emissions of particular matter from certain types of equipment and processes, and doing research to determine favorable methods of measuring and controlling particulate matter emissions from these types of equipment and processes, therefore, until such time as definitive standards are established, emissions of particulate matter for all types of processes and equipment shall not be permitted. (2) Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by and as amended from time to time, by the American Standards Association. Octave bands Along property line abutting Along property in cycles a residential district or line abutting per second. within 200 feet of a resi- an industrial dentially zoned district, commercial dis- between 8:00 a.m. and 6:00 trict maximum p.m. * Maximum permitted permitted sound sound level in decibles. level in decibles. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200 - 2400 40 47 2400 - 4800 34 41 Over - 4800 32 39 *Permissable sound level between 6:00 p.m. and 8:00 a.m. shall be decreased by 3 decibles in each of the octave bands. (3) Vibration. Every use shall be so operated that ground vibration inherently generated is not perceptible, without instruments, at any point on or beyond the property line of the property on which the use is located. (4) Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided, how ever, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling four (4) minutes in any sixty (60) minutes. for the purpose of grading the density of smoke, the Ringlemann Chart as published ONE and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Ordinance shall be the standard. all measurements shall be, as appears, at the point of emission. (5) a) Fumes, gases, vapors, liquids, dusts, hazardous waste material and acids. No person shall cause of allow the escape into the open air, or in the grounds, of such quantities of fumes, gases, vapors, dusts, acids, hazardous waste material, contaminents detriment or nuisance to the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. (b) Tests may be required by the Building Depart- ment for the purpose of fumes, gases, vapors, dusts, odors, etc. or any other nuisance which may be present and which may come under the jurisdic- tion of the Building Department. Such tests shall be made by the owner or his authorized agent at the owner's cost and expense, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority, such as: American Society of Testing materials, U.S. Bureau of Mines, U.S. Public Health Service, the National Board of Fire Underwriters or any of the agencies, boards or regulatory bodies of the United States, the State of Florida, the County of Broward or the City of Tamarac. The choice of such authority' shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the building department to conduct tests of these installations in behalf of the City. ' (5) Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake, well, canal or any body of water including but not limited to the Biscayne Aquifer nor shall there be discharged upon of into the alm ground of any material which may be dangerous or discomforting to persons or animals or which may damage plants or crops. (7) odors: The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the respira- tory tract or produce symptoms of nausea of which its inherent chemical or physical properties is detrimental or harmful to the health, comfort, living conditions, welfare, and/or safety of the inhabitants of this City shall constitute a nuisance. (8) Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be perceptible at any point on the lot line of the property on which the use is located or any any point beyond the said lot line. (9) Electrical disturbance and radioactive materials and emissions. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards or emissions of electrical disturbance sufficient to adversely affect the operation at any point of any equipment, person, air or water supply. (10) Violations of Performance Standards: Any use of any facility or equipment, which results in a violation of the aforestated performance standards, shall be, and is hereby declared to be, a violation of this Section and may be prosecuted under the Q1 provisions of the City of Tamarac Code, or abated by any proper legal means upon application of the City. SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be sever- able. SECTION 6: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this day of PASSED SECOND READING this day Of ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A. BRYANT APPLEGATE CITY ATTORNEY BERNARD HART MAYOR , 19 87 . 01 1987. -10- ITEM RE DATE TAPE 91DE - - - - - - - - - - - - - - - - - - - - - - - - - - - VOTE: DISTRICT 2 - V/M STEL DISTRICT 3 - C/M GOTT DISTRICT 4 - C/M STEI DISTRICT I - C/W MASS, MAYOR HART MOTION BY: SECONDED BY: -2 ;2 ---- -------------- cZ;r PRESENTED BY: ACTION REQUESTED: ....... ... 10 C I T Y O F T A M A R A C INTEROFFICE MEMORANDUM C/A NO: 8703-6535 r _ TO: Thelma Brown, City Planner �- 4 FROM: A. Bryant Applegate, City Attorne� J�, SUBJECT: LIGHT INDUSTRY ORDINANCE DATE: March 20, 1987 (7019) Per your request, attached please find a copy of the above cited Ordinance. The original of said Ordinance has been forwarded to the City Clerk by copy of this memorandum. Please provide the City Council with the appropriate "backup to ensure them that only the requested changes (at first reading) have been implemented prior to second reading. If there are any corrections please advise. ABA/rms Enclosure cc: Mayor Hart and Members of Council introduced by: Temp. Ord. #1270 Rev. 2/24/87 CITY OF TAMARAC, FLORIDA 1 ORDINANCE No. 0-87- 2 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA 3 AMENDING CHAPTER 28 OF THE CITY CODE, REPEAL- ING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND 4 XXI (M-2 MEDIUM INDUSTRIAL); CREATING A NEW ARTICLE XX (LI--1 LIGHT INDUSTRY); PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, r PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR 7 CODIFICATIION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN $ EFFECTIVE DATE. 9 10 11 WHEREAS, the City of Tamarac wishes to preserve and 12 enhance the present advantages and prevent or minimize future 13 problems in the City of Tamarac, it is the intent of this 14 Ordinance to promote, protect and improve the public health, safety, Comfort, good order, appearance, convenience and 15 is general welfare of the City of Tamarac and its citizens, and to maintain the stability and good order of its residential, i 8 commercial and industrial areas, therefore, a new Article XX 19 entitled (LI--1) Light Industry is created; and 20 WHEREAS, it is the intention of this Ordinance to permit 21 office and business use and occupations commonly referred to 22 as Office Parks, Public Utilities and Light Industry in areas 23 of the City specifically zoned for such uses, which do not 24 -use or produce in the fabrication process, or as a result 25 thereof, any material which may contaminate the hydrogeologic _s environment or result in the production of noxious waste 27 material or otherwise pose an unreasonable threat to health x$ and safety or which create noise, vibration, smoke, fumes, 29 gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards"; and 32 WHEREAS, every use, trade, occupation or business under 33 this Article shall comply with standards, rules and 34 regulations of the United States Environmental Protection 35 Agency, and with the Florida Environmental Control Board, the -1- Ia 7 8 9 10 11 12 13 14 15 16 Florida Department of Environmental Regulation, the South Florida Water Management District and with the laws and regulations of the County of Broward and the City of Tamarac, all of which are hereby incorporated herein and made a part thereof, as if fully set forth at length; and WHEREAS, public hearings have been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Council of the City of Tamarac deter mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Articles XX (M-1 Light Industrial District) and XXI (M-2 Medium Industrial), consisting of Sections 28-180 through 28-193 of the Code of Ordinances are hereby repealed in their entirety. SECTION 2: That a new Article XX entitled LI-1 Light Industry is hereby created to read as follows: SECTION 28-180 APPLICABILITY OF ARTICLE The regulations contained in this Article shall apply in all LI-1 Districts. SECTION 28-181 PURPOSE It is the intention of this Ordinance to permit office and business use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic environment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". -2- SECTION 28-182 PERMITTED USES No building or structure or part thereof, shall be erected, altered or used, or land or water used, in whole or 1 2 3 4 7 9 10 11 32 13 14 15 16 17 t 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 in part, for other than one or more of the following uses: (a) Any use permitted in a B-3 district, except as prohibited in Section 28-183. (b) Permitted uses: Assembly of Automobile accessories, except tires Boxes/corrugated Cosmetics and toiletries, except soap Candles Convention Center/Exhibition Hall Ice cream Jewelry Optical equipment, Cameras and Equipment Pottery, electrically fired Perfume Precision instruments Spices and spice packing Stationery, printing of Assembly of televisions, radios, phonographs, tape recorders. Artificial flowers, feathers or plumes Handbags Canvas products Assembly of electrical fixtures Assembly of electronic devices Musical instruments Small parts and devices Carpenter and cabinet shop Electroplating Motion picture studio Pattern making Printing, publishing, lithography and engraving Stamping, dieing, shearing or punching of metal not over one -eighth inch in thickness. Tool, die and gauge shop -3- Plumbing or electrical shop entirely within an enclosed building. Warehouses and storage buildings Accessory uses and structures (Ord. No. 72-6, P.2) Machine shop *special exception Installation of radio or television broadcasting towers or antennae Storage in bulk of asphalt, brick, building materials, butane, cement, clay products concrete products, coal, contractor's equipment, cotton, grain, gravel, hay, ice, lead, lime, plaster, pipe, lumber, roofing, rope, sand, stone, terra cotta, timber, wood or wool; provided that the area so used is located inside a fully enclosed building or masonry wall at least 18 feet in height. SECTION 28-183 PROHIBITED USES . The permissible uses enumerated in Section 28-182 shall not be construed to include, either as a principal or accessory use, any of the following. Any use not specifically prohibited herein and is not a permitted use, shall require a special exception permit. The manufacture of any product or the utilization of any process or operation not expressly specified for any L-1 district. Foundry Drop forging Stamping, dieing, shearing or punching of metal exceeding one -eighth (1/8) inch of thickness. Paint or varnish manufacture Oil compounding or barreling Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete or products thereof. Motor freight terminals The manufacture of any product or the utilization of any operation not expressly specified for an L-1 district. Smelting or refining of ores or metals -4- 1, SECTION 28-184 HEIGHT OF BUILDING OR STRUCTURES i. 7 B 9 10 11 12 13 14 15 16 No building or structure shall be erected or altered to a height exceeding 50 feet. However, a building or structure that abuts a residentially zoned district shall not exceed 35 feet in height even if said building or structure is separated from the residentially zoned district by a canal, street., alleyway or other public right of way. SECTION 28-185 PLOT SIZE There shall be no minimum required size of plot except there shall be at least one acre for each free standing building or structure. SECTION 28-186 YARDS (a) Where any LT-1 district is separated by a street from a residential district, any plot in such non- residential district adjacent to the separating street shall be provided with a yard, at least 1/2 X height of the building with a minimum of 50 feet. (b) Where an LI-1 district directly abuts on a residential district without any separator between, such as a street, alley, canal or other public open space, any plot in such non-residential district shall be provided with a yard at least 50 feet in depth, adjacent to the residentially zoned property, and there shall be constructed along such abutting residential district line a concrete wall eight (8) feet in height. (c) Side and rear yard setbacks to be a minimum of 35 feet. (d) Where a yard is required in this section, such yard may not be used for walkways, parking or passenger cars or driveways and must be landscaped as required by Code. SECTION 28-187 PERFORMANCE STANDARDS No use, otherwise allowed, shall be permitted within the City of Tamarac, which does not conform to the following standards of use and operation, which standards are hereby -5- established as the minimum requirements to be maintained within the City of Tamarac. (1) Emissions. Any emission of particulate matter from all types of processes or equipment that create a public nuisance or violate the standards adopted by the applicable regulatory agency shall not be permitted. (2) Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by and as amended from time to time, by the American Standards Association. Octave bands Along property line abutting Along property in cycles a residential district or lane abutting per second. within 200 feet of a resi- an industrial dentially zoned distract, commercial dis- between 8:00 a.m. and 6:00 trict maximum p.m. * Maximum permitted permitted sound sound level in decibles. level in decibles. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 -- 1200 46 53 1200 - 2400 40 47 . 2400 - 4800 34 41 Over - 4800 32 39 *Permissible sound level between 6:00 p.m. and 8:00 a.m. shall be decreased by 3 decibles in each of the octave bands. (3) vibration. Every use shall be so operated that ground vibration inherently generated is not perceptible, without instruments, at any point on or beyond the property line of the property on which the use is located. (4) Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Q:V (5) Number 1 on the Ringlemann Chart, provided, how ever, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling four (4) minutes in any sixty (60) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Ordinance shall be the standard. All measurements shall be, as appears, at the point of emission. a) Fumes, gases, vapors, liquids, dusts, hazardous waste material and acids. No person shall cause or allow the escape into the open air, or in the grounds, of such quantities of fumes, gases, vapors, dusts, acids, hazardous waste material, contaminents detriment or nuisance to the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. (b) Tests may be required by the Building Depart- ment for the purpose of fumes, gases, vapors, dusts, odors, etc. or any other nuisance which may be present and which may come under the jurisdic- tion of the Building Department. Such tests shall be made by the owner or his authorized agent at the owner's cost and expense, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority, such as: American Society of Testing materials, U.S. Bureau of Mines, U.S. Public Health Service, the National Board of Fire Underwriters or any of the agencies, boards or regulatory bodies of the United States, the State of Florida, the County of Broward or the City of Tamarac. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the -7- rights of the building department to conduct tests of these installations in behalf of the City. (6) Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake, well, canal or any body of water including, but not limited to, the Biscayne Aquifer nor shall there be discharged upon or into the ground of any material which may be dangerous or discomforting to persons or animals or which may damage plants or crops. (i) Odors: The emission into the outdoor air of anv fume, gas, dust, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the respira- tory tract or produce symptoms of nausea of which its inherent chemical or physical properties is detrimental or harmful to the health, comfort, living conditions, welfare, and/or safety of the inhabitants of this City shall constitute a nuisance. (8) Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be perceptible at any point on the lot line of the property on which the use is located or any point beyond the said lot line, (9) Electrical disturbance and radioactive materials and emissions. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards or emissions of electrical disturbance sufficient to 1 2 3 4 adversely affect the operation at any point of any equipment, person, air or water supply. (10) Violations of Performance Standards: Any use of any facility or equipment, which results in a violation of the aforestated performance standards, shall be, and is hereby declared to be, a violation of this Section and may be prosecuted under the provisions of the City of Tamarac Code, or abated by any proper legal means upon application of the City. SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be sever- able. SECTION 6: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this day of , 1987. PASSED SECOND READING this _____ _ day of , 1987. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A. BRYANT APPLEGATE CITY ATTORNEY BERNARD HART MAYOR 419 I� V ECTION 28-182 PERMITTED USES No building or structure or part thereof, shall be e�ected, altered or used, or land or water used, in whole or in\\Part, for other than one or more of the following uses: (a) Any use permitted in a B-3 district, except as prohibited in Section 28-183. (b)\ Permitted uses: Assembly of Automobile accessories, except tires B es/corrugated Cos tics and toiletries, except soap Candl Convention Center/Exhibition Hall Ice cream Jewelry Optical equi ment, Cameras and Equipment Pottery, elec ically fired Perfume Precision instru nts Spices and spice p cking Stationery, printin of Assembly of televisio s, radios, phonographs, tape recorders. Artificial flowers, feat ers or plumes Handbags Canvas products Assembly of electrical fixtu es Assembly of electronic device Musical instruments Small parts and devices Carpenter and cabinet shop Electroplating 4 Motion picture studio Pattern making Printing , publishing, litography and "engraving Stamping, dieing, shearing or punching,.of metal not over one -eighth inch in thickness.. Tool, die and gauge shop :XC ITEM # REF. ✓ DATE' TAPE SIDE # — — — — — — — — — — — — — — — — — — — -- _ — — —� VOTE: DISTRICT — 5 RIOT 4 C/M STEIN DISTRICT 3 — C/M GOTTESMAN DISTRICT 2 — V/M STELZER DISTRICT 1 — C/W MAS MAYOR HART MOTION BY: �y SECONDED BY: ', - // A ri s /c' A PRESENTED BY: ACTION REQUESTED: MAJOR SPEAKERS/PERTINENT DISCUSSION: i C I T Y O F T A M A R A C INTEROFFICE MEMORANDUM 8608-6543 TO: Thelma Brown, City Planner FROM: A. Bryant Applegate, City Attorney� SUBJECT: LIGHT INDUSTRY ORDINANCE DRAFT DATE: August 27, 1986 (6814) MEMO NO.: 86-8-42 I have reviewed the above -cited ordinance, per your request. I would like to suggest a meeting be arranged with your office to review the ordinance since several corrections must be implemented. I would like to take this opportunity to thank your office for preparing the draft, however, be advised that all ordinances must be refined by this office to ensure that all revisions are legally acceptable. I look forward to meeting with you on this matter at your convenience. ABA/tm cc: John P. Kelly, City Manager Introduced by: Tema. Ord. #1270 CITY OF TAARP.C, FLORIDA 1 2 3 s 7 so Zi 12 23 14 is if 27 1s it 1- 20 21 22 i =2 24 26 27 2• 2! 30 31 i 32 22 34 ORDINANCE NO. 0-86 AN ORDINANCE OF THE CITY OF TPIWAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL): CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTF.Y) PROVIDING FOR PEP-MITTED USES, PROVIDING DEVELOPMENT STANDARDS, PROVIDING FOR SEVEFABILITY, PROVIDING A REPEALER AND PROVIDING AN EFFECTIVE DATE. SECTION 28,182 WHEREAS, the Citv of Tamarac wishes to preserve and enhance the present advantages and prevent or minimize future problems in the City of Tamarad, it is the intent of this Ordinance to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of the City of Tamarac and its citizens, and to maintain the stability and good order of its residential, commercial and industrial areas, this Article XX (LI-1) Light Industry is created. i•'HEREAS, it is the intention of this Ordinance to pernit offices and businesses use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic environment or result'in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". Every use, trade, occupation or business under this Article shall comply with standards, rules and regulations of the United States Environmental Protection Agency, and with the Florida Environmental Control Board, the Florida Department of Environmental Regulation, the South Florida Water Management District and with the laws and regulations of the County of Broward and. the Citv of Tamarac, all of which are herebv incorporated herein and made a part thereof, as if fully set forth at length. 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 one or more of the followina uses: (a) Any use permitted in a B-3 district, except as prohibited in Section 28-183. (b) Manufacture of the following: Automobile accessories, except tires Boxes Brooms and Brushes Carbon Canvas,"'cloth, cork, excelsior or textiles Candv Cosmetics and toiletries, except soap Clothing and hats Ceramic products, electrically fired Candles Convention Center Batteries and other eledtrical apparatus Ice cream Jewelry Leather goods and luggage Mattress Optical equipment Pottery, electrically fired Perfume Pharmaceutical products Precision instruments -2- Rope Sash and doors Starch, glucose and dextrine Silverware Spices and spice packing Stationery Shoes Television, radio..aA!& phonograph Manufacture of products from aluminum, brass, bronze, copper, steel or other metal or from bone, cloth, hair leather, paper, rubber, shell, plastic, wood or other materials such as the following: provided, that power not in excess of twenty horsepower on any one motor is utilized in the operation of any one machine: Artificial flowers, feathers or plumes Bags Buttons or novelties Canvas products Food products, chewing gum, syrups, fruit juices, extracts, drugs or medicines Electrical fixtures Electronic devices Hardware and cutlery Musical instruments Small harts and devices Carpenter and cabinet shop Electroplatina - 3- Z 3 Hydronponic garden Motion picture studio Pattern making Printing, publishing, lithography and engraving Stamping, dieing, shearing or punching of metal not over one -eighth inch in thickness Tool, die and gauge shop Transformer and electrical switching station Boat building and repair, up to forty-five foot length, when located more than five hundred feet from residentially zoned property plumbing or electrical shop entirely within an enclosed building Manufacture of water based or epoxy based coatings, adhesives, sealants and prints Manufacture of power blends, Dotting compounds and plastisols Sewage treatment plant existing on February 9, 1972, Municipal parking lot for open air storage of automobile trucks, campers, trailers, mobile homes, boats and other similar items accepted by the city for storage Warehouses and storage buildings Accessory uses and structures (Ord. No. 72-6, P. 2) Automatic screw machines Automobile Assembly plant Assaying Airplane Hangar Airport canning factory -4- Cider mill Construction or contractor vard Cooperage Die casting Metal buffing, plating and polishing Machine shop Millwork, lumber and planing mill Motor freight terminal and depot Mattress and bedding renovator Radio or television broadcasting towers or antennae Welding shop Storage in bulk of asphalt, brick, building materials, butane, cement, clay products, concrete products, coal, contractor's equipment, cotton, grain, gravel, hay, ice, lead, lime, plaster, Ripe, lumber, roofing, rope, sand, stone, terra cotta, timber, wood or wool; provided that the area so used is located inside a fully enclosed building or masonry wall at least 18 feet in height. SECTION 28-183(B) PROHIBITED USES The permissible uses enumerated in Section 28-182 shall not be construed to include, either as a principal or accessory use, any of the following: The manufacture of anv mroduct or the utilization of any process or operation expressly specified for any L-1 district Foundry Drop Forging Stamping, dieing, shearing or punching of metal exceeding one -eighth (1/8) inch of thickness Paint or varnish manufacture Oil compounding or barreling Manufacture of asphalt, brick, tile, cement, lime plaster, concrete or products thereof -5- r Motor freight terminals The manufacture of any product or the utilization of any operation expressly specified for an L-1 district Smelting or refining of ores or metals SECTION 28-184 HEIGHT OF BUILDINGS OR STRUCTURES No building or structure shall be erected or altered -to a height exceeding 100 feet. SECTION 28-185 PLOT SIZE There shall be no ininimumt-required size of plot (one acre for free standing building). SECTION 28-186 YARDS (a) Where any LI-1 district is separated by a street from a residential district, any plot in such non-residential district adjacent to the separating street shall be provided with a yard, at least 1/2 X height of the building with a minimum of 50 feet. (b) Where an LI-1 district directly abuts on a residential district without any separator between, such as a street, alley, canal or other public open space, any plot in such non-residential district shall be provided with a yard at least 50 feet in depth, adjacent to the residentially zoned property, and there shall be constructed along such abutting residential district line a concrete -wall six (6) feet in height. (c) Side and rear yard setbacks to be a minimum of 35 feet. (d) Where a yard is required in this section, such yard may be used for walkways, parking or passenger cars, driveways and landscaping, but not for any other use or purpose . (ei Landscaping - Ord. 78-9 i Performance Standards No use, otherwise allowed, shall be permitted within the Cit7 of Tamarac, which does not conform to the following standards of use and operation, which standards are hereby established as the minimum requirements to be maintained within the Citv of 'Tamarac. Q15 11 2 3 s i t 1p 31 22 23 14 is is 27 is it 20 21 22 22 24 2s as 27 its 210 20 31 32 )3 34 1) In view of the fact that the legislature of the State of Florida is presently working on water and air pollution control programs, and other environmental improvement entities created by the State of Florida and the Countv of Broward are establishing limitations on emissions of particular matter from certain tunes of eauipment and processes, and doing research to - determine favorable methods of measuring and controlling particulate matter emissions from these types of eauin- ment and processes, therefore, until such time as definitive standards are established, emissions of particulate matter for all tvDes of rrocesses and eauip- ment shall not be permitted. (2) Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermit- tance, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by and as amended from time to time, by the American Standards Association. Octave bands Along property line abutting Along property in cycles per a residential district or line abutting an second. within 200 feet of a resi- industrial com- dentially zoned district, mercial district between 8:00 A.M. and 6:00 maximum vermittec P.M. * sound level in Maximum permitted sound level decibles. in decibles. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200- 2400 40 47 2400- 4800 34 41 Over- 4800 32 39 * Permissable sound level between 6:00 P.M. and 8:00 A.M. shall be decreased by 3 decibles in each of the octave bands. (3) Vibration. Fvery use shall be so operated that around vibration inherentiv generated is not nercentible, without instruments, at anv point on or beyond the property line of the pronerty on which the use is located. (4) Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, -to a density greater than described as Number 1 on the Ringlemann Chart, provided, however, that smoke equal to, but not in excess of, that shade of annearance described as Number 2 on the Ringlemann Chart may be emitted for a Deriod or periods totalling four (4) minutes in any sixty (60) minutes. For the purpose of grading the density of smoke, the Ringlenann Chart as published and used by the United States Bureau of mines, and which is hereby made, by reference, a hart of this F.esolution shall be the standard. All measure- ments shall be, as angears, at the point of emission. (5) a) Fumes, gases, vapors, liquids, dusts, hazardous waste material and acids. No person shall cause or allow the escape into the oven air, or into the ground, of such quantities of fumes, gases, vapors, dusts, acids, hazardous waste material, contaminents detriment or nuisance to the flublic, or in such manner as to caus or have a tendency to cause injury or dariage to business or property. b) Tests may be required by the Building Departr+ent for the nurnose of fumes, gases, vapors, dusts, odors, etc. or anv other nuisance which may be present and which may come under the Jurisdiction of the Building Depart- ment. Such tests shall be made by the owner or his authorized agent at the owner's cost and expense, and they_shall be made in accordance with such nro- cedures as may be accepted by a reputable and -8- recognized authority, such as: American Societe of F1 Testing Materials, U.S. Bureau of Mines, U.S. Public Health Service, the rational Board of Fire Underwriters or any of the agencies, boards or regulatory bodies of the United States, the State of Florida, the County of Broward or the City of Tamarac. The choice of such authority shall rest entirely with the building depart- ment. Nothing in these rules and regulations regarding tests conducted by and -paid for by the owner or his authorized agents shall be deemed to abridge the rights of the building.department to conduct tests of these installations in behalf of the City. (6) Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, fake, well, canal or any body of water including but not limited to the Biscayne A_ouifer nor shall there be discharged upon or into the ground of any material which may be dangerous or discomfortinq to persons or animals or which may damage plants or crops. (7) Odors: The emission into the outdoor air of anv fume, gas, dust, mist, odor, smoke or vapor, or any combina- tion thereof, of a character and in a quantity as to be detectable by a considerable number of oersons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the -.source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the respiratory tract or produce symptoms of nausea or which its inherent chemical or physical properties is detrimental or harmful to the health, comfort, living conditions, welfare, and/or safety of the inhabitants of this City shall constitute a nuisance. -9- 1 (8) Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be Perceptible at any point on the lot line of the property on which the use is located or at anv point beyond the said lot line. (9) Electrical disturbance and radioactive materials and emissions. Each, use shall be so operated as to prevent the emission of cuantities of radioactive materials in excess of limits established as safe by the united States Bureau of Standards or emissions of electrical disturbanc sufficient to adversely affect the operation at any point of any equipment,• persdrr- air or water supply. (10) violations of Performance Standards: Any use of anv facility or equipment, which results in a violation of tl aforestated performance standards, shall be, and is here: declared to be, a violation of this Section and may be prosecuted under the provisions of the Citv of Tamarac Code, or abated by any proper legal means upon applicati of the City. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of -10- ,1986. 18 POINT a NOTICE OF PERMITTED USE CHANGES TYPE TITLE.- IN ZONING CODE The City Council of Tamarac, Florida proposes to change the per- mitted uses in the Zoning Code for the land within the area shown in the map in this advertisement. A Public Hearing on the changes to permitted uses will be held on Wednesday, March 11, 1987, at 7:30 P.M., at City Hallo 5811 NW 88 Avenue, Tamarac, Florida. The titles of the proposes Ordinances which encompass the proposed changes in permitted use are as follows: AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. #1270 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO ZONING; PROVIDING FOR THE ELIMINATION OF TWENTY-SIX PERMITTED USES FROM THE B-2 (PLANNED COMMUNITY BUSINESS DISTRICT CLASSIFICATION) AS CURRENTLY SET FORTH IN THE CODE OF ORDINANCES; PROVIDING FOR ADDITIONS TO THE SPECIAL EXCEPTION APPROVAL LIST; PROVIDING FOR INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. --- - - - _TEMP. QED. #1289 Copies of these proposed Ordinances are available for viewing and purchase at the office of the City Clerk. Interested parties may appear and be heard with respect to these proposed Ordinances in accordance with Florida Statutes 166.041. CITY OF TAMARAC Coral Springs Southgate 4 c Water a Cons. °D a, N Area 3 c z Commercial Blvd. Sunrise North Lauderdale cNab Rd. Lauderhill 6 y d X 3 z Oakland Park t Pursuant t.oSecf:iimi 2S6.0:05, Rariva Statutes If a P^rwrt :iecide� any dacisici msde by the c. G`oincil w;th rns-,56ct to arty !:loner cons;c;.rOd at wch meeting hearing, he will naed a recorti of the pr endings and for su_.. purpose, he rr.y nood to ensure that a verbatim record incl4,,. the testimony and evidence upon which the appeal is to be b:. Carol E. Barbuto City Clerk Publish: Fort Lauderdale News/Sun Sentinel Friday, March 6, 1987 1/4 Page Display Ad - DO NOT PLACE IN CLASSIFIED SECTION 18 POINT TYPE TITLE r 3006 E. Commercial Blvd., Fort Lauderdale, FL 33308 f' COMMERCIAL --- INDUSTRIAL -- INVESTMENTS February 20, 1987 Carol E. Barbuto Clerk, City of Tamarac 5811 VW 88 Ave. Tamarac, F1 33321 RE: Temp. Ordinance 1270 Dear '.Is. Barbuto : Uoseph Eichler, owner of Lot 5, Tamarac Industrial Park (63-26B) has asked me to represent him. His lot measures 100 feet by 200 feet (.46 acre), and will be adversely affected unless Section 28-185, "Plot Size," is amended prior to final passage. I plan to attend the first reading February 25, 1987, and seek to modify the one -sentence Section to this effect: "...except that any industrial -zoned, unimproved platted lot of less than one acre in area within the city limits as of the effective date of this Ordinance shall be exempt from this provision." I would appreciate your comments prior to the meeting time, if possible, and I am amenable to any alternative wording which accomplishes the purpose. The present and future owners of Lot 5, and any other unimproved industrial lots of less than one acre,should be eligible for a building permit in compliance with the City's construction regulations. Your timely consideration of my request is appreciated. Sincerely yours, (0000 Charles H. Weber chw/ew Realtor CC: A. Bryan Applegate, Esq. Joseph Eichler Sergio Vergani Frances Madio '►1 W m m °1 o Z Q..x m — CL r u � ° m ti 7 w 4 obi CA) CO fD d (D O ; cn' 'D a) y (D H �-C O 00 co H r � a � w n o w f CITY OF TAMARAC REPORT OF PLANNING COMMISSION ACTION DATE: September 4, 1986 TO: Those Listed Below SUBJECT: Consideration and Possible Action regarding Temp. Ordinance #1270, Amending Chapter 28 of the City Code, repealing Articles XX (M-1 Light Industrial); Creating a new Article XX (L-1 Light Industry) providing for permitted uses and development standards (tabled from July 16th Meeting). DATE OF MEETING: 9/3/86 ITEM #15 APPROVED DENIED TABLED X COMMENTS: Following discussion, this item was tabled until the next Planning Commission Meeting of September 17, 1986. CLERK PLANNING COMMISSION cc: City Council City Planner Chief Bldg. Off. Irene Adams Carol Barbuto Jo Forti-Bldg. Dept. CITY OF TAMARAC REPORT OF PLANNING COMMISSION ACTION DATE: July 17, 1986 mn. n;�*-;k7z+-;^" CITY OF TAMARAC REPORT OF PLANNING COMMISSION ACTION DATE: September 18, 1986 TO: Those Listed Below SUBJECT: Discussion and Possible Action regarding Temp. Ordinance 1270, Amending Chapter 28 of the City Code, repealing Articles XX (M-1 Light Industrial; Creating a new Article XX (L-1 Light Industry) providing for permitted uses and development standards (Tabled from July 16 and September 3 Meetings) DATE OF MEETING: 9/17/86 ITEM #16 APPROVED DENIED TABLED COMMENTS: Following discussion, the City Planner requested the Planning Commission return copies of Temp. Ordinance 1270 with their comments to her for discussion with the City Attorney. CLERK PLANNING COMMISSION cc: City Council City Planner Chief Bldg. Off. Irene Adams Carol Barbuto Jo Forti-Bldg. Dept. CITY OF TAMARAC REPORT OF PLANNING COMMISSION ACTION DATE• 7/8/8Fi TO: Distribution SUBJECT: Discuss' n regarding TeMp. Qrdinance#1270 n M-1 and M-2 Zqnjnq Districts sind and creating L-1 Light industry Zoning District tgbled from the June 181h Meeting, DATE OF MEETING: 7/2/86 ITEM # 10 APPROVED DENIED TABLED X COMMENTS: Following discussion, the Planning Commission TABLED this item. I Clerk Planning Commission cc: City Council City Attorney City Planner Chief Bldg. Off. Irene Adams Carol Barbuto Jo Forti- Bldg. Dept. CITY OF TAMARAC REPORT OF PLANNING COMMISSION ACTION TO: Distribution DATE: June 19..1986 SUBJECT: Discussion regarding le o Ordinance # 1270 amending Chapter 28 the City C d re 'n art'c a XX (M-1 Light Indust and XXI M-2 M dium Industrial); creating -a new article XX L-1 Light Indust vain permitted uses providing dgvelQpment standards. DATE OF MEETING: June 19,_ 1986 ITEM # 19 APPROVED DENIED TABLED COMMENTS: The Planning Commission discussed the Temporary Ordinance and concluded the item needs further studying. k, Clerk Planning Commission cc: City Council City Attorney City Planner Chief Bldg. Off. Irene Adams Carol Barbuto Jo Forti- Bldg. Dept. C I T Y 'O F T A M A R A C INTEROFFICE MEMORANDUM C/A NO: 8702-6515 TO: Thelma Brown, City Planner FROM: A. Bryant Applegate, City AttornaiN SUBJECT: LIGHT INDUSTRIAL ZONING ORDINANCE DATE: February 12, 1987 (6983) Per your request in the above subject matter, please find the first draft of the above -cited ordinance for your review and comments. By carbon copy of this memorandum I am forwarding a copy of said ordinance to the Mayor and Council. Please proceed accordingly while remembering that this is only a first draft that can be corrected prior to being placed on a future Council Agenda. You may proceed to have this ordinance appropriately advertised and set for public hearing. ABA/tm Attachment cc: Mayor Hart and Members of Council John P. Kelly, City Manager NOTICE N OF -PERMITTED USE CHANGES 1N ZONING CODE The City Council of Tamarac, Florida proposes to change the permitted uses In the Zoning Code for the land within the area shown in the map in this advertisement. A Public Hearing on the changes to permitted uses will be held on Wednesday, February 25, 1987, at 5:05 P.M., at City Hall, 5811 N.W. 88th Avenue, Tama- rac, Florida. The titles of the proposed Ordinances which emcompass the proposed changes in permitted use are as follows: AN "ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PROVIDING FOR PER- MITTED USES; PROVIDING FOR PROHIBITED SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A RE- PEALER; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. #1270 ,.,, • ,, AN , ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF 14; ORDINANCES OF THE CITY OF TAMARAC PERTAINING TO ZONING; PROVIDING FOR THE ELIMINATION OF TWENTY-SIX PERMITTED USES FROM THE B-2 (PLANNED COMMUNITY BUSINESS DISTRICT .,CLASSIFICATION) AS CURRENTLY SET FORTH IN. THE CODE OF ORDINANCES, PROVIDING FOR ADDITIONS TO THE SPECIAL EXCEPTION APPROVAL LIST; PROVIDING FOR INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. # 1289 Copies of these proposed Ordinances are available" for viewing and purchase at the office of the City Clerk. Interested parties may appear and be ,heard with respect to these proposed 'Ordinances in accordance with Florida Statutes 166.041 CITY -OF TAMARAC louthgdta S North ai Water ' Larndtrdatrr Area. Ccns MeN b Rd. Ac i R M ,�latrli0 , park Pursuant to Section 286.0105, Florida Statutes If a person decides •to appeal any decision made by the city council with respect to any matter considered at such meeting or hearing, �xe&4i/7 he will need a record of the proceedings and for such purpose, he may need to ensure that a CAROL E. BARBUTO verbatim record includes the testimony and CITY CLERK evidence upon which the appeal Is to be based. CITY OF TAMARAC, FLORIDA NVITADT O7-6 N 8TO ND The City of Tamarac, Broward County, Florida, grilseated bids accept seabids for I ahlnnpp the following: BANKINf3 SERVICES FOR CITY OF TAMARAC Specifications and bid forms are available from the office of the City Cleric, 6811 NW 88 Avenue. Tamarac, Florida 33321. Bids will be accepted un- March 19, 9877, and will tie �d publicly at that time si Clty Hall. The city reserves bids right to reJect �yy and waive farmalitles In the bidding, and to award the bid to any vendor consistent with the oailclas of the C7 /a Cara E y Clfk CITY OF TAMARAC, FLORIDA INVITATION TO BID BID NO. 87-5 The City of Tamarac, Broward County, Florida, will accept sealed bids for furnishing the following: BANKING SERVICES FOR CITY OF TAMARAC Specifications and bid forms are available from the office of the City Clerk, 5811 NW 88 Avenue, Tamarac, Florida 33321.. Bids will be accepted until 2:00 P.M. on Thursday, March 19, 1987, and will be opened publicly at that time at City Hall. The City reserves the right to reject any or all bids and waive formalities in the bidding, and to award the bid to any vendor consistent with the policies of the City. Carol E. Barbuto City Clerk PUBLISH: Fort Lauderdale News/Sun Sentinel Wednesday, February 18, 1987 Wednesday, February 25, 1987 18 POINT TYPE NOTICE OF PERMITTED USE CHANGES IN TITLE ZONING CODE ■ . The City of Tamarac, Florida proposes to change the permitted uses in the Zoning Code for the land within the area shown in the map in this advertisement. A Public Hearing on the changes to permitted uses will be held on Wednesday, February 25, 1987, at 5:05 P.M., at City Hall, 5811 N.W. 88th Avenue, Tamarac, Florida. The titles of the proposed Ordinances which encompass the proposed changes in permitted use are as follows: AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PRO- VIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STAND- ARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. #1270 AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDIN- ANCES OF THE CITY OF TAMARAC PERTAINING TO ZONING; PROVIDING FOR THE ELIMINATION OF TWENTY-SIX PERMITTED USES FROM THE B-2 (PLANNED COMMUNITY BUSINESS DISTRICT CLASSIFICATION) AS CURRENTLY SET FORTH IN THE CODE OF ORDINANCES; PROVIDING FOR ADDITIONS TO THE SPECIAL EXCEPTION APPROVAL LIST; PROVIDING FOR INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. #1289 Copies of these proposed Ordinances are available for viewing and purchase at the office of the City Clerk. Interested parties may appear and be heard with re- spect to these proposed Ordinances in accordance with Florida Statutes 166.041 CITY OF TAMARAC Coral Springs Southgate S Water Cons. Area Commercial Blvd. Sunrise Lauderhill North Lauderdale ab Rd. 71 Oakland Park t 01 Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. CAROL E. BARBUTO CITY CLERK PUBLISH: Ft. Lauderdale News/Sun Sentinel Wednesday, February 18, 1987 1/4 Page Display Ad - Do not place in classified section 18 Point Type Title 2 Intrpduced by: Temp. Ord. #/,2;2a CITY OF TAMARAC, FLORIDA ORDINANCE No. 0-87- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEAL- ING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL); CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY); PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATIION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes 6- enhance the present advantages and prevent problems in the City of Tamarac, it is t Ordinance to promote, protect and improves_____ safety, comfort, good order, appearance, convenience and general welfare of the City of Tamarac and its citizens, and to maintain the stability and good order of its residential, commercial and industrial areas., a new Article XX entitled (LI-1) Light Industry is created. WHEREAS, it is the intention of this Ordinance to permit offices and business' use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic enviornment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". WHEREAS, every use, trade, occupation or business under this Article shall comply with standards, rules and regulations of the United States Environmental Protection Agency, and with the Florida Environmental Control Board, the -1- C4 'a C" .0 0 am 10 All F Ca CA cio wwo USE CHANGES IN ;T .,.... OMING CODE The City tllf irawac, fwda, Oroposes to change the permitted uses In the Zoning Codb.for-the land WWOn the area shown In the map in this adver- tisement. Alt A 'Public Heaft-ion the changes to permitted uses will be held on Wednes- day,'D90Wab6r44-,-1W, at 5:05 P.M., at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. Th"e"Iftr The titles of the proposed Ordinances which encompass the proposed Owges In permitted use are as follows: ORDNMWE AMENOM SECTION 2% Z THE CITY CODE OF TAMARAC c M, TAM OF MISCELLAPEOUS '111== ZONNO DISTRICT RE ENTS, a-V2 AMMARLITY, By REVOM THE TABLE TO PROVIDE A PORTION AT THE TIE TABLE. TILED MAXIMUM PLOT COVERAGE TEAS PERT TO THE R-1, &I% R-IC, R,% W7, W4 AND ONNG DISTRICT8 j;. PERCENTAGE OF COVERAGE N NN10WVIOUSM POICLUIRDNCIlG. AL "NVALMMAK o AN , -- - �RATED TW E. ORD.100Awl fm OP AMEWRIG OiAPTER 2% moma, -MASTER LIST (OF BY CLARFVWa THE OF VOFOR 8 Awl DMO NXWS; IN W FUNILITY'PROVID- "PI DATE. in Us MOUJDE V DO& -M OF a A ME QTY OF owl' J11 pmpow ormanoft am. "Aft, for irY =0d OrtZ may a to'theselpr p In :Ord Y P ice 0 osed accordance and be heard with 'Ord Florida Statutes IS&U1. CITY OF TAMARAG;.., coral, c Water Cons. &*a 14 Pak 12:22ftlit0lork - 18 POINT TYPE NOTICE OF PERMITTED USE CHANGES IN TITLE ZONING CODE The City of Tamarac, Florida proposes to change the permitted uses in the Zoning Code for the land within the area shown in the map in this advertisement. A Public Hearing on the changes to permitted uses will be held on Wednesday, February 25, 1987, at 5:05 P.M., at City Hall, 5811 N.W. 88th Avenue, Tamarac, Florida. The titles of the proposed Ordinances which encompass the proposed changes in permitted use are as follows: AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PRO- VIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STAND- ARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. TEMPk ORD. #1270f AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDIN- ANCES OF THE CITY OF TAMARAC PERTAINING TO ZONING; PROVIDING FOR THE ELIMINATION OF TWENTY-SIX PERMITTED USES FROM THE B-2 (PLANNED COMMUNITY BUSINESS DISTRICT CLASSIFICATION) AS CURRENTLY SET FORTH IN THE CODE OF ORDINANCES; PROVIDING FOR ADDITIONS TO THE SPECIAL EXCEPTION APPROVAL LIST; PROVIDING FOR INSTRUCTIONS TO THE CODIFIER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. TEMP. ORD. #1289 Copies of these proposed Ordinances are available for viewing and purchase at the office of the City Clerk. Interested parties may appear and be heard with re- spect to these proposed Ordinances in accordance with Florida Statutes 166.041 CITY OF TAMARAC Coral Springs Southgate North Lauderdale Water Cons. McNab Rd. { Area 3 e in z Commercial Blvd. 3 z Lauderhill Sunrise Oakland Park t 1 Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based, CAROL E. BARBUTO CITY CLERK PUBLISH: Ft. Lauderdale News/Sun Sentinel Wednesday, February 18, 1987 1/4 page Display Ad - Do not place in classified section 18 Point Type Title 2 a Introduced by: Temp. Ord. # CITY OF TAM.ARAC, FLORIDA ORDINANCE No. 0-87- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEAL- ING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL); CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY); PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATIION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac wishes to preserve and enhance the present advantages and prevent or minimize future problems in the City of Tamarac, it is the intent of this Ordinance to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of the City of Tamarac and its citizens, and to maintain the stability and good order of its residential, commercial and industrial areas, a new Article XX entitled (LI-1) Light Industry is created. WHEREAS, it is the intention of this Ordinance to permit offices and business' use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic enviornment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". WHEREAS, every use, trade, occupation or business under this Article shall comply with standards, rules and regulations of the United States Environmental Protection Agency, and with the Florida Environmental Control Board, the -1- Florida Department of Enviornmental Regulation, the South Florida Water management District and with the laws and regulations of the County of Broward and the City of Tamarac, all of which are hereby incorporated herein and made a part thereof, as if fully set forth at length. WHEREAS, public hearings have been held pursuant to Chapter 166, Florida Statutes; and WHEREAS, the City Council of the City of Tamarac deter mines that it is in the public interest to adopt the follow- ing Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Articles XX (M-1 Light Industrial District) and XXI (M-2 Medium Industrial), consisting of Sections 28-180 through 28-193 of the Code of Ordinances are hereby repealed in their entirety. SECTION 2: That a new Article XX entitled LI-1 Light Industry is hereby created to read as follows: SECTION 28-180 APPLICABILITY OF ARTICLE The regulations contained in this Article shall apply in all LI-1 Districts. SECTION 28-181 PURPOSE It is the intention of this Ordinance to permit offices and business' use and occupations commonly referred to as Office Parks, Public Utilities and Light Industry in areas of the City specifically zoned for such uses, which do not use or produce in the fabrication process or as a result thereof, any material which may contaminate the hydrogeologic enviorn- ment or result in the production of noxious waste material or otherwise pose an unreasonable threat to health and safety or which create noise, vibration, smoke, fumes, gases, acids, odors, glare or electrical disturbances beyond the perimeters herein set forth under "Performance Standards". SECTION 28-182 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 one or more of the following uses: WZ (a) Any use permitted in a B-3 district, except as prohibited in Section 28-183. (b ) Manufacture of the following; Automobile accessories, except tires Boxes Brooms and Brushes Carbon Canvas, cloth, cork, excelsior or textiles, Candy Cosmetics and toiletries, except soap Clothing and hats Candles Convention Center Ice cream Jewelry Optical equipment Pottery, electrically fired Perf ume Precision instruments Rope Sash and doors Silverware Spices and spice packing Stationery Television, radio and phonograph Artificial flowers, feathers or plumes Bags Buttons or novelties Canvas products Electrical fixtures Electronic devices Hardware and cutlery Musical instruments Small parts and devices Carpenter and cabinet shop Electroplating Hydronponic garden Motion picture studio Pattern making -3- Printing, publishing, litography and engraving Stamping, dieing, shearing or punching of metal not over one -eighth inch in thickness. Tool, die and gauge shop Transformer and electrical switching station Plumbing or electrical shop entirely within an enclosed building. Sewage treatment plant existing on February 9, 1972 Municipal parking lot for open air storage of automobiles, trucks, campers, trailers, mobile homes, boats and other similar items accepted by the City for storage. Warehouses and storage buildings Accessory uses and structures (Ord. No. 72-6, P.2) Automatic screw machines Automobile Assembly plant Assaying Canning factory Construction or contractor yard Cooperage Die casting Metal buffing, elating and polishing Machine shop Millwork, lumber and planning mill Radio or television broadcasting towers or antennae Welding shop Storage in bulk of asphalt, brick, building materials, butane, cement, clay products concrete products, coal, contractor's equipment, cotton, grain, gravel, hay, ice, lead, lime, plaster, pipe, lumber, roofing, rope, sand, stone, terra cotta, timber, wood or wool; provided that the area so -used is located inside a fully enclosed building or masonry wall at least 18 feet in height. QC SECTION 28-183 PROHIBITED USES The perrrissable uses enumerated in Section 28-182 shall not be construed to include, either as a principal or accessory use, any of the following. Any use not specifically prohibited herein and is not a permitted use, shall require a special exception permit. The manufacture of any product or the utilization of any process or operation expressly specified for any L-1 district. Foundry Drop forging Stamping, dieing, shearing or punching of metal exceeding one -eighth (1/8) inch of thickness. Pain or varnish manufacture Oil compounding or barreling Manufacture of asphalt, brick, tile, cement, lime, plaster, concrete or products thereof. Motor freight terminals The manufacture of any product or the utilization of any operation expressly specified for an L-1 district. Smelting or refining of ores or metals SECTION 28-184 HEIGHT OF BUILDING OR STRUCTURES No building or structure shall be erected or altered to a height exceeding 50 feet. However, a building or structure that abuts a residentially zoned district shall not exceed 35 feet in height even in said building or structure is separated from the residentially zoned district by a canal, street, alleyway or other public right of way. SECTION 28-185 PLOT SIZE There shall be no minimum required size of plot except there shall be at least one acre for each free standing building or structure. SECTION 28-186 YARDS (a) Where any LI-1 district is separated by a street from a residential district, any plot in such non- residential district adjacent to the separating Zola street shall be provided with a yard, at least 1/2 X height of the building with a minimum of 50 feet. (b) Where an LI-1 district directly abuts on a residential district without any separator between, such as a street, alley, canal or other public open space, any plot in such non-residential district shall be provided with a yard at least 50 feet in depth, adjacent to the residentially zoned property, and there shall be constructed along such abutting residential district line a concrete wall eight (8) feet in height. (c) Side and rear yard setbacks to be a minimum of 35 feet. (d) Where a yard is required in this section, such yard may not be used for walkways, parking or passenger cars or driveways and must be landscaped as required by Code. SECTION 28-187 PERFORMANCE STANDARDS No use, otherwise allowed, shall be permitted within the City of Tamarac, which does not conform to the following standards of use and operation, which standard; are hereby established as the minimum requirements to be maintained within the City of Tamarac. (1) In view of the fact that the legislature of the State of Florida is presently working on water and air pollution control programs, and other enviorn- mental improvement entities created by the State of florida and the County of Sroward are establishing limitations on emissions of particular matter from certain types of equipment and processes, and doing research to determine favorable methods of measuring and controlling particulate matter emissions from these types of equipment and processes, therefore, until such time as definitive standards are established, emissions of particulate matter for all types of processes and equipment shall not be permitted. Q-12 (2) Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittance, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by and as amended from time to time, by the American Standards Association. Octave bands Along property line abutting Along property in cycles a residential district or line abutting per second. within 200 feet of a resi- an industrial dentially zoned district, commercial dis- between 8:00 a.m. and 6:00 trict maximum p.m. * Maximum permitted permitted sound sound level in decibles. level in decibles. 0 - 75 72 79 75 - 150 67 74 150 - 300 59 66 300 - 600 52 59 600 - 1200 46 53 1200 - 2400 40 47 2400 - 4800 34 41 Over - 4800 32 39 *Permissable sound level between 6:00 p.m. and 8:00 a.m. shall be decreased by 3 decibles in each of the octave bands. (3) Vibration. Every use shall be so operated that ground vibration inherently generated is not perceptible, without instruments, at any point on or beyond the property line of the property on which the use is located. (4) Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringlemann Chart, provided, how ever, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling four (4) minutes in any sixty (60) minutes. for the purpose of grading the density of smoke, the Ringlemann Chart as published -7- and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Ordinance shall be the standard. all measurements shall be, as appears, at the point of emission. (5) a) Fumes, gases, vapors, liquids, dusts, hazardous waste material and acids. No person shall cause of allow the escape into the open air, or in the grounds, of such quantities of fumes, gases, vapors, dusts, acids, hazardous waste material, contaminents detriment or nuisance to the public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. (b) Tests may be required by the Building Depart- ment for the purpose of fumes, gases, vapors, dusts, odors, etc. or any other nuisance which may be present and which may come under the jurisdic- tion of the Building Department. Such tests shall be made by the owner or his authorized agent at the owner's cost and expense, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority, such as: American Society of Testing materials, U.S. Bureau of Mines, U.S. Public Health Service, the National Board of Fire Underwriters or any of the agencies, boards or regulatory bodies of the United States, the State of Florida, the County of Broward or the City of Tamarac. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the building department to conduct tests of these installations in behalf of the City. (6) Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream, lake, well, canal or any body of water including but not limited to the Biscayne Aquifer nor shall there be discharged upon or into the ground of any material which may be dangerous or discomforting to persons or animals or which may damage plants or crops. (7) Odors: The emission into the outdoor air of any fume, ga.s, dust, mist, odor, smoke or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the respira- tory tract or produce symptoms of nausea of which its inherent chemical or physical properties is detrimental or harmful to the health, comfort, living conditions, welfare, and/or safety of the inhabitants of this City shall constitute a nuisance. (8) Glare: Every use shall be so operated as to prevent emission of glare of such intensity as to be perceptible at any point on the lot line of the property on which the use is located or any any point beyond the said lot line. (9) Electrical disturbance and radioactive materials and emissions. Each use shall be so operated as to prevent the emission of quantities of radioactive materials in excess of limits established as safe by the United States Bureau of Standards or emissions of electrical disturbance sufficient to adversely affect the operation at any point of any equipment, person, air or water supply. (10) Violations of Performance Standards: Any use of any facility or equipment, which results in a violation of the aforestated performance standards, shall be, and is hereby declared to be, a violation of this Section and may be prosecuted under the am a provisions of the City of Tamarac Code, or abated by any proper legal means upon application of the City. SECTION 3: Specific authority is hereby granted to codify this Ordinance. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given 'affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be sever- able. SECTION 6: This Ordinance shall become effective immediately upon adoption and passage. PASSED FIRST READING this day of PASSED SECOND READING this day of ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. A. BRYANT APPLEGATE CITY ATTORNEY BERNARD HART MAYOR 1987. 1987. MKI1' 18 POINT NOTICE OF PERMITTED USE CHANGES TYPE TITLE IN ZONING CODE The City Council of Tamarac, Florida proposes to change the permitted uses in the Zoning Code for the land within the area shown in the map in this advertisement. A public Hearing on the changes to permitted uses will be held on Wednesday, March 25, 1987, at 5:05 P.M., at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The title of the proposed Ordinance which encompasses the proposed changes in permitted uses is as follows: AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT, YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. MP #1270 Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear and be heard with respect to this proposed Ordinance in accordance with Florida Statutes 166.041. CITY OF TAMARAC Cora[ Springs Southgate q-z91- WaterCons.AreaC Commercial Blvd. Lauderhill Sunrise +rsuant to Section 286.01Q5, Florida Statutes a Parson decides to until with r appeal any decisron made respect to any matter by the �y firing he will need a record considered at such Pose, he "ay need to ensure that proceed. Ming or testir►tony and evidenceat a var ngs and for such upon which bat" record include; the appeal is to be bridd. North Lauderdale Rd. Carol E. Barbuto City Clerk Publish: Fort Lauderdale News/Sun Sentinel Friday, March 20, 1987 Oakland Park 1/4 Page Display Ad - DO NOT PLACE IN CLASSIFIED SECTION 18 POINT TYPE TITLE t 18 POINT NOTICE OF PERMITTED USE CHANGES TYPE TITLE IN ZONING CODE The City Council of Tamarac, Florida proposes to change the Permitted uses in the Zoning Code for the land within the area shown in the map in this advertisement. A public Hearing on the changes to permitted uses will be held on Wednesday, March 25, 1987, at 5:05 P.M., at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The title of the proposed Ordinance which encompasses the proposed changes in permitted uses is as follows: AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 28 OF THE CITY CODE, REPEALING ARTICLES XX (M-1 LIGHT INDUSTRIAL) AND XXI (M-2 MEDIUM INDUSTRIAL) CREATING A NEW ARTICLE XX (LI-1 LIGHT INDUSTRY) PROVIDING FOR PERMITTED USES; PROVIDING FOR PROHIBITED USES; PROVIDING FOR BUILDING, STRUCTURE, PLOT,_YARD SIZES AND CRITERIA; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. MP 1270 Copies of this proposed Ordinance are available for viewing and purchase at the office of the City Clerk. Interested parties may appear and be heard with respect to this proposed Ordinance in accordance with Florida Statutes 166.041. CITY OF TAMARAC Cora I Springs Southgate 4 w o Water a Cons. N Area c z [COTTOrC101 Blvd. Sunrise North Lauderdale Nab Rd. Lauderhill Uurzuant toSection 286 0105 a Person decides to , Florida Statute ncil with respect to an Opesl anydec city ring, he will need a record tt� t *dared at Made h�� g or rpose, he y need to ensure that a vhe ings and for o testifrgny and evidence u batim r such pon which the ecord include; aPpeal is to be based. Carol E. Barbuto City Clerk Publish: Fort Lauderdale News/Sun Sentinel Friday, March 20, 1987 i a R 3 i PiIL-08Daei Oakland Park 1/4 Page Display Ad - DO NOT PLACE IN CLASSIFIED SECTION 18 POINT TYPE TITLE FORT LAUDERDALE NEWS/SUN-SENTINEL Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH Before the undersigned authority personally appeared Nan 7y Watts Classified S who on oath says that he is ryi sor of the Fort Lauderdale News/Sun-Sentinel, Dail newspapers published in Broward/Palm Beach County, Florida that the attache copy of advertisement, being a in the matter of 7Qnina Code in the was published in said newspaper in the issues of Couri Afffant further says that the said Fort Lauderdale News/Sun-Sentinel are newspapers published i said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore bee continuously published in said Broward/Palm Beach County, Florida, each day, and have been entere as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a perio of one year next preceding the first publication of the attached copy of advertisement; and afliant say that he has neither paid nor promised any person, firm or corporation any discount, rebate, commissio or refund for the purpose of securing this advertisement for publ' tion in said newspapers. Sworn to and subscribed before me this ...... ,?,0th, day of... March . y 87 n ...., (SEAL) ��Ntr��P.bli Notary Public, State of it My Commission Expires Now. t 1 o-d" r6ry boy fun 4"Wisnw, b& FORT LAUDERDALE NEWS/SUN-SENTINEL Published Daily Fort Lauderdale, Broward County, Florida Boca Raton, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH Before the undersigned authority personally appeared who on oath says that he is Classified Supervisor of the Fort Lauderdale News/Sun-Sentinel, Dai newspapers published in Broward/Palm Beach County, Florida that the attachf copy of advertisement, being a _Mat i c;:A of _ -Permitted Use Chan„i in the matter of 2 / 2 9 / R 7 in the was published in said newspaper in the issues of Cow Atfiant further says that the said Fort Lauderdale News/Sun-Sentinel are newspapers published said Broward/Palm Beach County, Florida, and that the said newspapers have heretofore be continuously published in said Broward/Palm Beach County, Florida, each day, and have been enter as second class matter at the post office in Fort Lauderdale, in said Broward County, Florida, for a per± of one year next preceding the first publication of the attached copy of advertisement; and affiant sF that he has neither paid nor promised any person, firm or corporation any discount, rebate, commissi or refund for the purpose of securing this advertisement for publication in said newspapers. Sworn to and subscribed before me ' this ......18th . day of Febraury ... 87 (SEAL) Notary icNotary public, State of pl*Srid'a My Commission Expires fuly 20, 1969 Bonded 7hru Troy Fain • Insurance, Inc. §� ' R1"Qpb�36d �. �p1'�{�',r�;yl„�' �I � �, ����i�,���I��v�jJN,'`!,�'rj "IJ . No Text w w U n U �, a yy � � 04 r� yy A a� � A 0 a W V.� U m m rd LH .A N m (d U co a> N w w m 76ywm� Lei G4 •d � y :�^ m 3 0 A A•o� �o m ,— r�jl a. a z ooA, m q U c, d d m •O do q d co o A •'" coPa.a 0 m° y a ° mo s, y W ° 1-1m F .4 0 •'tl '� .L J7 06. lO U a'b A O0 O . c°AppRlmpt7.pv m -.aammdy .,y �J m w . A ram, 0 �, •� G �� Q U 61 ,1^•w � � .tl +W c +• � m o m d o o y gi No Text No Text No Text DISTRIBUTION LIST 0 -- F 7 N©.of ',apie r I DEPARTMENT OR PERSON COUNCIL RECEIVED BY 3/.301d7 DATE CITY PLANNER CHIEF BUILDING OFFICIAL BUILDING DEPARTMENT - TRAILER C onr ENFORCEMENT I RENE MASTER FILE ` CITY MANAGER FINANCE DIRECTOR FINANCE— SUPV. ACCOUNTANT PURCHASING POLICE DEPARTMENT— CHIEF POLICE DEPARTMENT — JIM RECREATION DEPARTMENT PUBLIC WORKS DEPARTMENT FIRE DEPARTMENT TUW — ADMINISTRATION CODIFIER (MAIL IMMEDIATELY) Municipal Code Corp.,PO 2235, Tallah 3ssee 32304 Robert Laslie In charge of P PPl ts) Robert Ussery (in charge of Codification) PERSONNEL AUDITOR FILE ORDINANCE FILE PLANNING COMMISSION BOARD OF ADJUSTMENT CHARTER BOARD PUBLIC INFORMATION COMMITTEE COUNTY LIBRARIAN COUNTY TAX APPRAISER W.W. WILSON $ROWARD CTY.PLANNING COUNCIL CHAMBER OF COMMERCE SECRETARY OF STA PETITIONER OR APPLICANT l CLERK'S PROJECT FILE el William Markham 115 S . &Kj=kM Ave., Ft. laud. 115 S. Andmq,- Ave., Rm. 307 Ft. Laudercal']�a. 33301 _. _ , 8519 W. McNab Rd. Tamarac 3332 COPIED . DISTRIBUTED