HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-016Temp. Ord. #2252
May 29, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING PART II OF THE CITY'S CODE OF
ORDINANCES ("CITY CODE"}, CHAPTER 29 ENTITLED,
"ADMINISTRATION", ARTICLE IV ENTITLED, "DEPARTMENTS;"
CHAPTER 5, ENTITLED "BUILDINGS AND BUILDING REGULATIONS",
ARTICLE II ENTITLED, "CONSTRUCTION STANDARDS," ARTICLE IV
ENTITLED, "UNSAFE STRUCTURES," ARTICLE V ENTITLED,
"IRRIGATION," ARTICLE VI ENTITLED, "ANTENNAE AND AERIALS,"
ARTICLE VII ENTITLED, "SWIMMING POOLS," ARTICLE X ENTITLED,
"MINIMUM HOUSING CODE;" CHAPTER 5.5, ENTITLED "CABLE
TELEVISION", ARTICLE II ENTITLED, "FRANCHISE REQUIREMENTS
AND RESPONSIBILITIES;" CHAPTER 10, ENTITLED, "LAND
DEVELOPMENT REGULATIONS", ARTICLE I ENTITLED, "IN GENERAL,"
ARTICLE VI ENTITLED, "LAND DEVELOPMENT AND CONSISTENCY
STANDARDS;" CHAPTER 11, ENTITLED "LANDSCAPING;" CHAPTER
12, ENTITLED "LICENSES AND BUSINESS REGULATIONS", ARTICLE II
ENTITLED, "OCCUPATIONAL LICENSES," ARTICLE V ENTITLED,
"AMUSEMENT CENTER BUSINESSES;" CHAPTER 13, ENTITLED
"MISCELLANEOUS OFFENCES", CHAPTER 18, ENTITLED, "SIGNS AND
ADVERTISING", ARTICLE II ENTITLED, "SIGNS, DIVISION 2. -PERMITS",
ARTICLE II ENTITLED, "SIGNS, DIVISION 3.- CRITERIA;
CONSTRUCTION, LOCATION AND DESIGN STANDARDS;" CHAPTER 20,
ENTITLED "STREETS AND SIDEWALKS", ARTICLE V ENTITLED,
"NEWSRACKS REGULATION;" CHAPTER 22, ENTITLED, "UTILITIES",
ARTICLE 11 ENTITLED, "SERVICE CONNECTIONS," ARTICLE VII
ENTITLED, "BACKFLOW AND CROSS CONNECTION CONTROL:"
CHAPTER 24, ENTITLED "ZONING", ARTICLE III ENTITLED, "DISTRICT
REGULATIONS, DIVISION 1-GENERALLY, "ARTICLE V ENTITLED, "OFF-
STREET PARKING AND LOADING," ARTICLE XI ENTITLED,
"TELECOMMUNICATIONS TOWERS AND ANTENNAS;" PROVIDING FOR
THE ESTABLISHMENT OF THE FLORIDA BUILDING CODE AS THE
MINIMUM BUILDING REQUIREMENTS FOR THE CITY IN ACCORDANCE
WITH CHAPTER 553, F.S., AS MAY BE AMENDED FROM TIME TO TIME;
PROVIDING FOR CONSISTENCY BETWEEN THE CITY CODE AND THE
FLORIDA STATUTES WITH REGARDS TO MINIMUM BUILDING
REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
Temp. Ord. #225 2
May 29, 2012
Page 2
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida Building Code ("FBC") provides uniform minimum building
requirements for all construction and development in the State of Florida; and
WHEREAS, the FBC is recognized and embraced by the Florida Legislature as the
minimum building standards and requirements for the State of Florida as Ch. 553, F.S.;
and
WHEREAS, Section 553.73(6), F.S., expressly provides the FBC is deemed
adopted Statewide without adoptions by local government; and currently references the
South Florida Building Code, which has been superseded by the FBC, and the City
Commission seeks to amend the City Code to provide for consistency with Florida law;
and
WHEREAS, the City Commission deems it to be in the best interest of the citizens
and residents of the City of Tamarac to incorporate the FBC, as may be amended from
time to time, in the City Code.
WHEREAS, the Florida Legislature passed Florida Statute 553.73(6) which stated
the Florida Building Code is implemented Statewide without adoptions by local
government.
WHEREAS, the Broward Commission passed the "Broward County Amendments"
to the Florida Building Code effective on March 15, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this ordinance.
Section 2. Part
II, Chapter
2, entitled,
"Administration",
Article
IV entitled,
"Departments" of the
City Code of
Ordinances is
amended and shall
provide
as follows:
Temp. Ord. #225 2
May 29, 2012
Page 3
Sec. 2-235. - Establishment of certain departments and offices.
The following departments and offices of the city are hereby
building, financial services, information technology, parks and
personnel, public works, social services, utilities:
established:
recreation,
(1) The building
department is
responsible for but not
limited to the
implementation of adopted policies,
plan reviews, permitting,
inspections and
enforcement to verify
compliance with
the Florida Building Code,
Broward County
Amendments, and other regulatoryodes of the State of Florida,
and City Codes.
It will also provide
all other duties
and functions normally associated with a
municipality's
building
department.
Section 3. Part II,
entitled, "Construction
provide as follows:
Chapter 5,
entitled
"Buildings
and Building
Regulations",
Article
II
Standards"
of the
City Code
of Ordinances
is amended
and shall
Sec. 5-29. - Correction of construction defects Generally.
(c) Requirement of insurance or other security.
(1) To assure a better quality of construction in this city and to assure
to residents financial resources which may be necessary for the correction of any
construction defects or code violations, the chief building official or any other
appropriate public official shall not issue a certificate of occupancy for any
dwelling unit until the developer or general contractor shall first furnish proof to
such official of the issuance of an insurance policy by a company authorized to
do business in the state, naming as beneficiary the purchaser and his successors
and assigns of such dwelling unit and obligating the insurer in a minimum amount
of one thousand five hundred dollars ($1 500.00) for a period of three (3) years to
make and pay for all corrections which may be necessary with respect to any
construction defects or violations of the then existing applicable building code. In
respect to coverage for multifamily units having common elements, the minimum
insurance shall be one thousand dollars ($1,000.00) per dwelling unit for the
individual owner and a sum which shall be the product of five hundred dollars
($500.00) times the number of units to cover the common elements contained in
the building containing the multiple dwelling units. The terms "construction
defects" and "code violations" as used in this section shall mean any fault or
inadequacy in the original construction which is in violation of the
of the Se.A.01th Florida Building Code, Broward County Amendments, and other
regulatory codes of the State of Florida adopted in section 5-26 or of any other
applicable law of the city existing at the time of the issuance of the certificate of
occupancy.
Temp. Ord. #225 2
May 29, 2012
Page 4
Sec. 5-30. - Same Specific requirements.
(a) Identification and determination of code violations and construction
defects.
(1) The term "construction defect" or "code violation" shall mean any
fault or inadequacy in violation of the SeAi Florida Building Code or any other
law of the city relating to any part of the original construction of the building
including, without limitation, the plumbing system, the roof, the electric wiring
system, doors, windows, electric switches, receptacles and fixtures, plumbing
fixtures, cabinet work and other similar elements of the original construction.
. v v■. . 1 ■IIII 1 1 i V1 1 1 VV%A1 11. Y V 1 %A11 9%.41 IVVV.
•-
•• •• a•• •• • • • a • • • • • • - • •T W V 0 •a
• III WW3LW
11 • • • • • • • • a ••• W `1111� IIKW�Illl AWWA� A �W�WW a Wi 2 111 Wi a ltW� WMMLMIII
a Islip
• a• • • •
=Idah
11 •••• • • a• I / INN
a • • • • • • • • • • • a • • • • • • • • • a • a • •
VW 1 15V. 1 1 .\/ V • V V%oll 1\0,
pawl a • •a a•• a •• . •a ••• •• • •• •a a • • •a ••• •
mWe. • • • a • • • ♦ • • • • w a •• ••••awa •a
I -e
a• • •• •• •• a • • w• • •a • • •• •• • •• i
•••a • a • . . a a • • • • isa • a • • • • • w • aa • •• •
ram., ■ v • v, r%w■ vAiw%^1 1a •v 1 1V v1 1L.LOil 111 1ZA 6./1 V*V%oA1 `A VV%AI 1lY V1 LA11 1{-41 1VV l IW1 VVLA 'llil
11 on::i hie ()F e f arninial W*thin thin notil
Sec. 5-33. - Accessory equipment on roof; air-conditioning units on roof.
(b) All air-conditioning units, condensers and/or electrical fans attendant
thereto, except those that are wind -driven, shall be prohibited from being
installed on residential and accessory roof areas, in R-1, R-1 B, R-1 C and R-2
zoning districts unless the same meets the following requirements:
(1) The proposed air-conditioning unit shall be placed on a structural element
meeting the requirements of the Florida Building
Code, Broward County Amendments, and other reaulatory codes of the State of
Florida.
Temp. Ord. #2252
May 29, 2012
Page 5
Section 4. Part 11, Chapter 5, entitled "Building and Building Regulations", Article IV
entitled, "Unsafe Structures," of the City Code of ordinances is amended and shall provide
as follows:
Sec. 5-72. - Effect of article on building code. Jx
Nothing contained in this article shall be considered as abridging, amending,
diminishing or usurping the provisions of the Florida Building Code,
Broward County Amendments, and other'regulatory codes of the State of Florida.
as amended as the same may relate to unsafe buildings aw,cd %sfe ezrVi Ill, as set
jT
Section 5. Part II, Chapter 5, entitled "Buildings and Building Regulations", Article V
entitled, "Irrigation," of the City Code of Ordinances is amended and shall provide as
follows:
Sec. 5-100. - Same Issuance.
No irrigation construction permit shall be issued until the applicant has submitted
an irrigation plan in accordance with the requirements of this article and the
Florida Building Code, Broward County Amendments, and other regulatory
codes of the State of Floride.
Section 6. Part 11, Chapter 5, entitled "Buildings and Building Regulations", Article VI
entitled, "Antennae and Aerials" of the City Code of Ordinances is amended and shall
provide as follows:
Sec. 5-122. - Support.
Each antenna provided for in section 5-121 shall be installed in accordance with
the Florida Building Code, Broward County
Amendments, and other --regulator codes of the State of Florida adopted in
section 5-26.
Section 7. Part 11, Chapter 5, entitled "Buildings and Building Regulations", Article VII
entitled, "Swimming Pools" of the City Code of Ordinances is amended and shall provide
as follows:
Sec. 5-146. - Definition.
For the purposes of this article, "swimming pool" means a body of water in an
artificial or semiartificial receptacle or other container, whether located indoors or
Temp. Ord. #2252
May 29, 2012
Page b
outdoors, and used or intended to be used for public, semipublic or private
swimming by adults or children. All installations shall comply with the
Florida Building Code, Broward County Amendments, and other regulatory codes
of the State of Florida.
Section 8. Part
entitled, "Minimum
provide as follows:
II, Chapter 5, entitled
"Buildings
and Building
Regulations,
Article X
Housing
Code"
of
the
City
Code
of
Ordinances
is amended
and
shall
Sec. 5-203. - Definitions.
Florida Building Code shall mean that edition of said Code as authorized by
Chapter 553, Part IV, Florida Statutes, as amended by Broward County
Amendments, and other regulatory codes of the State of Florida.
Sec. 5-207. - Unsafe dwellings, rooming houses, and hotels.
(a) A dwelling, dwelling unit, hotel, or rooming house shall be deemed unsafe
when any one (1) or more of the following apply to the structure:
(3) The physical condition of the building or structure creates a hazard with
respect to a means of ingress or egress for the purpose of providing fire
protection to said building or structure, as provided. in the Florida Building Code
Broward County Amendments, and other regulatory codes of the State of Florida
for the particular occupancy permitted therein;
(8) The electrical or mechanical installations or systems create a hazardous
condition contrary to the standards established by the Florida Building Code
Broward County Amendments, and other regulatory codes of the State of Florida;
(11) By reasons of use or occupancy, the area, height, type of construction, fire
resistance, means of egress, electrical equipment, plumbing, air conditioning, or
other features of the structure regulated by the Florida Building Code, Broward
County Amendments, and other regulatory codes of the State of Florida do not
comply with the Florida Building Code, Broward County Amendments, and other
regulatory codes of the State of Florida for the use and group of occupancy
permitted therein.
(b) A building, structure, or any part thereof, shall be presumed to be unsafe
when any one (1) or more of the following apply to the structure:
(2) By reason of a nonconforming, illegal, or improper use, the occupancy or
maintenance of said premises does not comply with this article or the Florida
Building Code, Broward County Amendments, and other regulatory codes of the
State of Florida in effect at the time of construction.
Temp. Ord. #2252
May 29, 2012
Page 7
Section 9. Part II, Chapter 5.5, entitled "Cable Television", Article II entitled, "Franchise
Requirements and Responsibilities," of the City Code of Ordinances is amended and shall
provide as follows:
Sec. 5.5-42. - Use of streets.
(h) A franchisee shall, at all times:
(1) Install and maintain its wires, cables, fixtures and other equipment in
accordance with the re auirements of the �►e Florida Building Code, Broward
County Amendments and other regulatory codes of the State of Florida, and this
Code and electrical safety ordinances and any other applicable building or
electrical safety code, and acceptable engineering standards, and in such
manner that they will not interfere with any installations of the city.
Section 14. Part 11, Chapter 10, entitled, "Land Development Regulations", Article
entitled, "In General" of the City Code of ordinances is amended and shall provide as
follows:
Sec. 10-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Building permit means:
(1 } Any permit for the erection, construction, relocation or demolition of a
building required by Florida Building Code,
R rnlAt:arci F=cW;en as amended
Broward County Amendments, and other
regulatory codes of the State of Florida.
(2) Any permit for an addition to an existing building which would:
a. Create one (1) or more additional dwelling units; or
b. Involve a change in the occupancy of a building as described in seofa#e
the Florida Building Code, 1
Broward Counly Amendments and other re ulato codes of the State of Florida.
Development permit means any engineering permit, building permit, zoning
permit, subdivision or plan approval, site plan approval, rezoning, special
exception, variance or other official action of a unit of local government having
the effect of permitting the development of land, but does not include any
variance or other official action necessary solely for the purpose of issuing a
permit, other than a building permit, pursuant to thenl I
!;Zth Florida Building Code,
Temp. Ord. #225 2
May 29, 2012
Page 8
j Broward County Amendments, and other
regulatory codes of the State of Florida.
Section 11. Part II, Chapter 10, entitled "Land Development Regulations", Article VI
entitled, "Land Development and Consistency Standards" of the City Code of Ordinances
is amended and shall provide as follows:
Sec. 10-326. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Building permit means:
(1) Any permit for the erection or construction of a new building required by
the Florida Building Codes Broward County Amendments,
and other regulatory codes of the State of Florida.
(2) Any permit for an addition to an existing building which would:
a. Create one (1) or more dwelling units, or
b. Involve a change in the occupancy of a building as described in
-e# the Florida Building Code, Broward Count, Amendments, and
other regulatory codes of the State of Florida ,
(3) Any permit which would be required for the nonresidential operations
included in the SlFlorida Building Code, 1QJQ4,
Broward County Amendments, and other reg uc� lato , codes
of the State of Florida.
Section 12. Part II, Chapter 11, entitled "Landscaping", of the City Code of Ordinances is
amended and shall provide as follows:
Sec. 11-3. - Definitions.
The following terms and words shall have the meanings herein prescribed:
Owner means any person, agent, firm or corporation having a legal or equitable
interest in the property as defined in the Florida Building Code,
Broward County Amendments, and other reaulatory codes of the State of Florida.
Section 13. Part II, Chapter 12,
entitled, "Occupational Licenses,"
provide as follows:
entitled "Licenses
and Business
Regulations",
Article II
of the City Code
of Ordinances
is amended
and shall
Sec. 12-30. -Location of business; applicability of zoning regulations.
(f) Before the issuance of the local business license, it shall be the duty of the
building official to require apre-occupancy inspection for a minimum standard
Temp. Ord. #225 2
May 29, 2012
Page 9
safety inspection of business establishments with new tenants in addition to the
existing certificate of occupancy. This minimum standard safety inspection shall
be performed by certified structural, electrical, plumbing, mechanical and fire
inspectors. This minimum standard safety inspection fee is the same as
established for Certificate of Occupancy Inspections by ordinance of the city
commission.
A minimum standard of safety inspection shall include those requirements for
compliance with the Florida Building Code, Broward County Amendments,
and other re_ ulatory codes of the State of Florida such as but not limited to:
(8) NFPA 101 Life Safety Code.
Approval for such continued use shall not be construed to prohibit the inspection
authority from at any time requiring that these minimum standards of safety be
maintained during the period of use of the building in accordance with the
Florida Building Code and other regulato codes of Broward County and the
State of Florida in effect on the date of issuance of the permit or the requirements
of NFPA 101 Life Safety Code.
Section 14. Part II, Chapter
entitled, "Amusement Center
and shall provide as follows:
12, entitled "Licenses and Business Regulations", Article V
Businesses," of the City Code of Ordinances is amended
Sec. 12-149. - Management plan.
(a) Primary or accessory use amusement center. In addition to the requirements
contained in section 12-148(b), the application for a primary or accessory use
amusement center license shall include a management plan which at a minimum
shall set forth a plan designed to:
(3) Provide for the availability of bathroom facilities, as provided for in the
Florida Building Codes Broward County Amendments, and other regulatory
codes of the State of Florida adopted in section 5-26;
Section 15. Part Il, Chapter 13, entitled "Miscellaneous Offences", of the City Code of
Ordinances is amended and shall provide as follows:
Sec. 13-8. - Abandoned property.
F.S. § 705.101 et seq., which pertains to abandoned property, and which
provides a procedure for a rapid removal and destruction of such property, is
hereby adopted by reference as a part of this Code.
(b) Definitions. The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Temp. Ord. #2252
May 29, 2012
Page 10
(j) Maintenance requirements.
(6) Pools and spas shall be maintained so the water remains free and clear of
pollutants and debris. Pools and spas shall comply with the enclosure
requirements of this Code and Florida Building Code, Broward County
Amendments, and other regulatory codes of the State of Florida, as amended
from time to time.
Section 16 Part 11, Chapter 18,
"Signs, Division 2. -Permits," of the
as follows:
entitled, "Signs and Advertising", Article 11 entitled,
City Code of Ordinances is amended and shall provide
Sec. 18-37. - Application for sign permit.
(b) Two (2) copies of blueprints or inked drawings of the plans and
specifications showing method of construction and method of attachment to the
building or in the ground shall accompany each application. These blueprints or
inked drawings .shall be to scale, showing the square foot area of the sign
structure as well as the sign face, copy to appear on sign, height of letters,
colors, materials, lighting equipment, if any, and the position of the proposed
sign(s) relative to building or property lines by plot plan with measurements. If
any of the proposed sign(s) exceed twelve (12) square feet in area, two (2) of the
blueprints or inked drawings shall have affixed thereto the seal of an engineer
registered in the State of Florida, indicating conformance with all applicable
provisions of the Seulth Florida Building Code, Broward County Amendments,
and other regulatory codes of the State of Florida prior to the issuance of the
permit by the chief building official.
Sec. 18-41. - Signs exempt from permit and fee requirements.
The following signs shall be exempt from the permit requirements of this article.
All other provisions of these regulations shall continue to apply. This exemption
in no way waives the requirements of structural and/or safety requirements
outlined by these regulations and/or the Florida Building Code, Broward
County Amendments, and other regulatory codes of the State of Florida:
Section 17. Part 11, Chapter
"Newsracks Regulation," of the
follows:
20,
entitled
"Streets and
Sidewalks", Article
V entitled,
City
Code of
Ordinances is
amended and shall
provide as
Temp. Ord. #2252
May 29, 2012
Page 11
Sec. 20-145. - Location and placement of newsracks.
Any newsrack located in whole or in part upon, in or over any portion of a public
right-of-way shall be located in accordance with the following requirements:
(9) A newsrack foundation may be installed on either a pre -fabricated
concrete slab or a cast -in -place concrete slab, and meet the wind load
requirements of the Florida Building Code, Broward
County Amendments, and other regulatory codes of the State of Florida.
Section 18. Part 11, Chapter 18, entitled "Signs and Advertising", Article 11 entitled, "Signs,
Division 3.- Criteria; Construction, Location and Design Standards", of the City Code of
Ordinances is amended and shall provide as follows:
Sec. 18-51. - Construction, location and design criteria.
Any and all signs permitted by this article to be constructed, erected, placed,
repaired, altered or maintained within the municipal boundaries of the city shall
be so constructed, designed and located as hereinafter provided:
(2) Every sign shall be constructed to withstand pressure as set forth in the
Florida Building Code, Broward County Amendments and other regulatory
codes of the State of Florida, and shall be rigidly and firmly braced and securely
attached to the building or structure by bolts, anchors, chains, cables or guys, all
of which must be metal.
(14) There shall be a minimum of eight (8) feet vertical height clearance from
the bottom of any sign projecting from the underside of a canopy or marquee to
the surface of a private walkway below. Where a canopy or marquee projects
over a public sidewalk, the minimum vertical height clearance shall be nine (9)
feet to conform to Florida Building Code, Broward County Amendments,
and other regulatory codes of the State of Florida requirements.
Section 19.
Part ll, Chapter
22, entitled,
"Utilities"
Article 11
entitled,
"Service
Connections"
of the City Code
of ordinances
is amended
and shall
provide as
follows:
Sec. 22-72. - Private sewage disposal.
When public sewers are not available, the city may approve the installation of
private sewer systems which meet the design standards of the Florida
Building Code, Broward County Amendments, and other regulatory codes of the
State of Florida the state health department. Additionally, the following criteria
shall apply to private sewer installations:
Temp. Ord. #2252
May 29, 2012
Page 12
Section 20. Part ll, Chapter 22, entitled "Utilities", Article VII entitled, "Backflow and
Cross Connection Control" of the City Code of Ordinances is amended and shall provide
as follows:
Sec. 22-275. - Definitions.
Building official means the principal enforcing officer of the Florida Building
Code within a particular jurisdiction. In the city, it shall be the building official.
Sec. 22-276. - Policy.
(c) The customer has the prime responsibility of preventing contaminants and
pollutants from entering his/her water system, and from entering the public water
main or water source from his/her water system. The customer shall protect
his/her water system against actual or potential cross connections, to prevent
backflow, as required by this article and the Se.,Wth Florida Building Code
Broward County Amendments, and other regulatory
codes of the State of Florida. The customer shall assure that all protective
devices are tested and maintained in the working condition required. He/she shall
assure the necessary plumbing permits are obtained for new water supply
system installations, and for retrofits, alterations or repairs to existing systems, as
required by this article and the Seult4 Florida Building Code, Broward County
Amendments, and other regulatory codes of the State of Florida. Retrofit
installation of dual check valve devices, for single family residential dwelling units
only, will not require a building permit.
Sec. 22-279. - Fees and permits.
(a) Permits for new installation, retrofitting and certification of backflow
devices/assemblies as required by this ordinance must be obtained from the
building department by a e-r licensed plumbing contractor in
accordance with Florida Building Code, Broward
Countv Amendments. and other reaulatory codes of the State of Florida. The
applicant shall pay the building permit fee in effect at the time of issuance of the
permit. However, the utilities department shall install, certify and recertify all
backflow devices on city facilities without the requirements for permits or fees
from the building department as allowed by state law (F.S. § 489.103).
Section 21. Part Il,
Division 1-Generally"
follows:
Chapter
24,
entitled "Zoning", Article
III
entitled, "District Regulations,
, of the
City
Code of ordinances is
amended and shall provide as
Sec. 24-101. - Development regulations.
Temp. Ord. #2252
May 29, 2012
Page 13
(b) The minimum setbacks for all buildings and structures located in all
residential zoning districts shall be as indicated in the following table. Any
residential building constructed prior to July 28, 1982, in conformance with the
zoning regulations in effect at the time of issuance of a building permit shall be
considered a legal nonconforming use. Only additions and principal buildings
constructed after July 28, 1982 shall be required to conform to the minimum
regulations included in Table 2 below.
General Requirements for All Residential Zoning Districts Where Applicable:
(1) The minimum side yard setback may be built with a zero setback from any
side property line; provided, however, the setback from the opposite property line
shall not be less than 15 feet.
(b) No openings of any kind shall be permitted on the zero lot property line
which wall shall be of fire wall construction as defined in the
Florida Building Code, Broward County Amendments, and other regulatory codes
nf the I;tatp of Flnrid;;
Section 22. Part II, Chapter 24, entitled "Zoning", Article V entitled, "Off -Street Parking
and Loading" of the City Code of Ordinances is amended and shall provide as follows:
Sec. 24-580. - Specifications.
(j) Limitations on driveway entrance improvements.
(5) Parking spaces serving multiple -family residences (excluding single-family
and duplex buildings as defined in the Florida Building Code, Broward County
Amendments, and other regulatory codes of the State of Florida) shall be located
so as to minimize conflicting movements between vehicles maneuvering in
parking aisles and those vehicles traveling into, out of or through the site. The
use of parking aisles as the principal means of on -site vehicular circulation is
prohibited. Individual parking spaces shall not have direct access to local or
collector streets or a primary parking aisle connecting into a public or private
street. Bays, clusters and minor loops are the recommended methods for
handling parking design.
Sec. 24-581. - Amount of off-street parking required.
(a) The off-street parking required by this article shall be provided and
maintained on the basis of the following minimum requirements:
Temp. Ord. #2252
May 29, 2012
Page 14
(47) Residential uses:
b. Multiple -family dwellings (three or more units): Efficiency —One and one-
half (1.5) paved parking spaces per dwelling unit. One -bedroom —Two (2.0)
paved parking spaces per dwelling unit. Two -bedroom —Two (2.0) paved parking
spaces per dwelling unit. Three- or more bedroom —Two and one-half (2.5)
paved parking spaces per dwelling unit.
3. The requirements for disabled parking spaces shall be in conformance
with the Florida Building Code, Broward County Amendments, and other
regulatory codes of the State of Florida.
Sec. 24-583. - Parking space for disabled persons; requirements.
(b) Minimum standards. The following standards represent the minimum
requirements for any parking space required pursuant to this section:
(4) Minimum amount of parking spaces.
The above parking requirements, as outlined in the Florida Building Code.,
Broward County Amendments, and other regulatory codes of the State of Florida
Section 23. Part II, Chapter 247 entitled
"Telecommunications Towers and Antennas" of the
and shall provide as follows:
"Zoning", Article XI entitled,
City Code of Ordinances is amended
Sec. 24-702. - Minimum standards for locations and approval of
telecommunications towers.
(b) Minimum standards. Except where a special exception is granted, every
telecommunications tower must meet the following minimum standards:
(2) Statement. A statement shall be submitted, prepared by a professional
registered engineer licensed to practice in the state, which through rational
engineering analysis certifies the tower's compliance with applicable standards
as set forth in the Florida Building Code, Broward County Amendments,
and other regulatory codes of the State of Florida, ,
and any associated regulations; and describes the tower's capacity, including an
example of the number and type of antennas it can accommodate. No tower shall
be permitted to exceed its loading capacity. For all towers attached to existing
structures, the statement shall include certification that the structure can support
the load superimposed from the tower. All towers shall have the capacity to
permit multiple users; at a minimum, monopole towers shall be able to
accommodate two (2) users and at a minimum, self-support/lattice or guyed
towers shall be able to accommodate three (3) users.
Temp. Ord. #2252
May 29, 2012
Page 15
(12) Accessory buildings or structures. All accessory buildings or structures
shall meet all building design standards as listed in this Code, and in accordance
with the provisions of the Sz. e %Jto. 14 Florida Building Code,
Eciotan
s Broward County Amendments, and other re_. ulatory codes of the State of
Florida. All accessory buildings or structures shall require a building permit
issued by the building department.
Section 24. It is the intention of the City Commission of the City of Tamarac, Florida
that the provisions of this ordinance shall become and be made a part of the City of
Tamarac Code of Ordinances. The sections of this ordinance may be re -numbered or
re -lettered and the word "ordinance" may be changed to "section," "article," or such
other appropriate word or phrase in order to accomplish such intentions.
Section 25. If any clause, section, or other part or application this Ordinance shall be
held by any Court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in full force and
effect.
Section 26. All Ordinances or parts of Ordinances in conflict herewith be and the same
are repealed to the extent of such conflict.
Section 27.
This Ordinance shall become effective immediately upon its passage and adoption.
PASSED ON FIRST READING BY THE
TAMARAC, FLORIDA, THIS DAY OF
PASSED AND ADOPTED
QOMM'ISSION OF THE
2012.
�1.
ATTEST:
Temp. Ord. #2252
May 29, 2012
Page 16
CITY COMMISSION OF THE CITY OF
}.�..r 2012.
ON SECOND AND FINAL READING BY THE CITY
CITY OF TAMARAC, FLORIDA THIS / DAY OF
PETER RICH�RDSON, CRM, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
SA UEL S. GOREN
CITY ATTORNEY
MAYOR BETH TALABISCO
RECORD OF COMMISSION VOTE: First Reading
MAYOR
TALABISCO.
DIST
1:
COMM. BUSHNELL-+
DIST
2:
COMM. GOMEZ1--
DIST
3:
VICE MAYOR GLASSER
DIST
4:
COMM. DRESSLER
RECORD OF COMMISSION VOTE: Second Reading
MAYOR TALABISCO
DIST 1. COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. DRESSLER