HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-004Temp. Ord. #2295
March 17, 2014
. Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. Q�
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10 OF THE CITY'S
CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT
REGULATIONS" BY SPECIFICALLY AMENDING ARTICLE II,
SECTION 10-1 ENTITLED "DEFINITIONS" TO DEFINE THE
TERMS "DEVELOPMENT" AND "REDEVELOPMENT";
SPECIFICALLY AMENDING ARTICLE 11, SECTION 10-29
ENTITLED "FORMAL APPLICATION FOR CONSTRUCTION,
IMPROVEMENT, DEVELOPMENT OR BUILDING PERMITS" TO
REQUIRE CODE COMPLIANCE PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT FOR DEVELOPMENT OR RE-
DEVELOPMENT; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (the "City") seeks to ensure that properties
within the City are maintained in accordance with the City's general property
maintenance standards set forth in the City Code of Ordinances; and
WHEREAS, the failure to maintain property can lead to decline in property value,
create attractive nuisances and lead to a general decrease in the neighborhood and
community aesthetic; and
WHEREAS, property maintenance is the responsibility of the property owner;
and
WHEREAS, Article VIII of the State Constitution and Chapter 166, Florida
Statutes, provide that municipalities shall have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for municipal
purposes, except when expressly prohibited by law; and
{00010941.DOCX )CODING: Words in stirike, thrreelulo type are deletions from existing law;
Words in underlined type are additions.
ccPr-'Z"PXAT 1 1 /'7/11 1 1/10/1 1• 1/7/1 A • 1/17/1 A
Temp. Ord. #2295
March 17, 2014
Page 2
WHEREAS, the City recognizes the constraints on inspections of buildings,
structures, or real property set forth in Section 553.79(17)(a), Florida Statutes; and
WHEREAS, code compliance violations that are readily observable and in plain
view, are exempt from the constraints of Section 553.79(17)(a); and
WHEREAS, in addition to code compliance issues at existing properties, the City
is experiencing an increase in development and redevelopment proposals, and has
observed property maintenance violations, such as outdoor storage of materials and
landscape maintenance violations on vacant parcels of land; and
WHEREAS, the Building Department and Community Development Department
recommend that a property owner be required to' cure existing code compliance issues
on the property or site prior to the issuance of a building permit to develop or redevelop
a property; and
WHEREAS, requiring code compliance prior to the issuance of a building permit
to develop or redevelop a property serves a legitimate public purpose; and
WHEREAS, by requiring code compliance prior to the issuance of a building
permit to develop or redevelop, the City will be better able to remedy the current
conditions on properties that present a serious threat to the public health, safety and
welfare of the community; and
WHEREAS, the City Commission finds that mandating code compliance prior to
the issuance of a building permit to develop or redevelop property is in the best interests
of the citizens and residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being
(OW10941.DOCX )CODING: Words in G • type are deletions from existing law;
Words in underlined type are additions.
C.C(�T•.CRW 1 1 /7/1'� 17/14/1'�• 7/7/1 d• �/1'7/1 d
Temp. Ord.. #2295
March 17, 2014
Page 3
true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
SECTION 2. Chapter 10, Article Il, Section 10-1 entitled "Definitions" of the City
of Tamarac Code of Ordinances is hereby amended as follows:
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:
Abutting property means any property that is immediately adjacent or contiguous
to the development.
Bench mark means a securely set concrete or stone monument having a
minimum cross -sectional dimension of four (4) inches and a minimum length of twenty-
four (24) inches, into which a brass marker has been secured on which its elevation
above mean sea level has been stamped or engraved and bearing the registration
number of its surveyor or engineer.
Building permit means:
(1) Any permit for the erection, construction, relocation or demolition of a building _
required by Florida Building Code, 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 the Florida
Building Code, Broward County Amendments, and other regulatory codes of the
State of Florida.
Collector street means a street which, in addition to giving access to abutting
properties, carries traffic from minor streets to the major system of arterial streets and
highways, including the principal entrance street of a residential development.
Construction or development means any improvement, development or change
of the land from its present state, or building, repairing, relocating or demolishing a
structure. A permit shall be obtained before any of the above actions or uses are begun.
Developer means a person, or his agent, who is responsible for the planning,
subsequent land improvements, or any other development of a parcel of land.
Development means the carrying out of any building activity or mining operation,
{OUO1094LD0CX )CODING: Words in s r-i type are deletions from existing law;
Words in underlined type are additions.
,gSG-,�R W 1 1 /7/n . 19119/11- ?./7/14• 1/17/14
Temp. Ord. #2295
March 17, 2014
Page 4
the
making of
anv
material change in the use or appearance
of any structure or land
that
would impact
concurrency public facilities including
all acts
and activities included in
the
, definition
of
development
set
forth
in Section
380.04,
Florida
Statutes, or its
successor provision.
Development order means an order issued by the city commission authorizing
the granting, denying or granting with conditions of an application for a development
permit.
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 the Florida Building Code, Broward County Amendments, and other
regulatory codes of the State of Florida.
Director means the director of the department of community development, or
such other person as designated in writing by the city manager.
Engineering drawings, final means drawings, specifications and calculations
prepared and sealed by an engineer registered in the state which specifically describes
parameters required for construction of all on -site and off -site improvements necessary
for the ultimate development of land for the project.
Engineering drawings, schematic means diagram of wastewater collection and
transmission, water distribution, storm drainage systems, designating direction of flow
and connections with existing facilities, ground floor elevations, fire hydrants and street
and parking area paving.
Fire protection water supply, private means water used as part of the fire
protection system which is not a part of the potable water supply, but which requires
positive pressure from such sources as canals, deep wells or lakes.
Improvements, private means development of the land in private ownership for
any use, including without limitation the construction of a golf course, waterway, lake,
rockpit, canal, filling, grading, dredging and .building and landscaping.
Improvements, public means construction or development work in the public
rights -of -way or easements.
Local street means a street used primarily for access to abutting property.
Parcel of land or tract means any quantity of land capable of being described
with such definiteness that its location and boundaries may be established, which is
designated by its owner or developer as land to be used or developed as a unit or which
(M10941.DOCX )CODING: Words in type are deletions from existing law;
Words in underlined type are additions.
SSG-.SRW 11/7/13. 12/19/13: 2/7/14: 3/17/14
Temp. Ord. #2295
March 17, 2014
Page 5
has been used or developed as a unit.
Plot plan means a plan indicating identification of lots and blocks or buildings and
units in a fee simple subdivision intended for transfer of ownership, use or improvement.
Redevelopment. In ,addition to the definition of development" provided in Section
380.04, Fla. Stat., this term shall mean a substantial or material change in the use or
i�r irrri r.
character of an existing developed property, including, but not limited to, the demolition
and reconstruction of buildings on an existing developed site; or substantial renovat: ons,
repairs or improvements of existing buildings or infrastructure in excess of 50% of the
assessed value of the p rope!:!y or structure.
Setback means the minimum street front, side or rear yard open space as
measured between a building and the boundary lines of the lot on which the building is
located, or edge of roadway easement at right angles to the boundary line.
Sidewalk means a pedestrian walkway within the public road right-of-way,
easement or on private property.
Site area, gross means the total area of a proposed development, including
public rights -of -way. Maximum residential densities are based on this area in relation to
permitted density in the city land use element.
Site area, net means the area of the parcel excluding public rights=of-way.
Site development plan concept means an instrument for discussing the feasibility
of a proposed project, with minimum drawings required.
Site development plan, final or final site plan means a complete technical
submission reviewed by the planning board and approved by the city commission prior
to filing for any development permit except as may be excluded in section 10-47.
Site development plan, preliminary or preliminary site plan means a tentative
development plan, to scale and dimension, which shall be submitted to and reviewed by
the staff prior to submission of final site development plans.
Site development plan, revised means a modification to an approved final site
development plan or development order.
Structure means anything built or constructed, installed or portable, the use of
which requires a location on a parcel of land, including but not limited to buildings,
trailers, fences, swimming pools, poles, pipelines, transmission lines, tracks and
advertising signs.
Subdivision means a
division of land into one
(1) or
more lots, parcels or tracts
adjacent
to a public
street
or
requiring
the creation of
a new
street.
{00010941.DOCX }CODING: Words in s#-ri{`r�thireeluo type are deletions from existing law;
Words in underlined type are additions.
SSG:SRW 11 /7/13. 12/19/13: 2/7/14: 3/17/14
Trafficway means any one (1) of the expressways,
arterials or collector streets shown on the county trafficways
county planning council pursuant to Chapter 59-1154, Laws
and the county charter, or any delineated trafficway shown
trafficways plan.
Temp. Ord. #2295
.March 17, 2014
Page 6
principal arterials; minor
plan, promulgated by the
of Florida, as amended,
on the county delineated
SECTION 3. Chapter 10, Article II, Section 10-29 entitled 'Formal Application for
Construction, Improvement, Development or Building Permits" of the City of Tamarac
Code of Ordinances is hereby amended as follows:
Section 10.29 — Formal Application for Construction, Improvement,
Development or Building Permits
(a) The chief building official, upon receiving a request for a permit, shall request
verification in writing from the finance director that all applicable fees have been
received by the city before issuing any construction, improvement, development
or building permit.
(b) The city engineer and chief building official shall be responsible, before issuing
any new permits, to verify that the applications for such permits are for
construction and development according to the approved site development
plan; and they shall see that either the approved site plan time limit has not
expired or that the city commission has granted an extension of time. No permit
of any nature shall be issued for development which is inconsistent with
approved site development plan or the plat approved by the commission. A
requirement for issuance of the first permit shall be the submission of the plats
as recorded in the public records of the county.
(c) The si la�►e� Community Development Department shall be responsible for
inspection of the premises to see that the physical site improvements are in
conformance with the approved final site development plan and development
order prior to the issuance of a certificate of occupancy. No building shall
receive a certificate of occupancy until the chief building official certifies that the
project is in accordance with the provisions of the -Florida Building Code,
as may be amended (section 307.1) and all other laws and ordinances
applicable thereto.
(d) The chief building official, upon receiving_quest for a permit for development
or redevelopment of a property or site, shall request verification in writing from
the code compliance manager that the property or site, for which the permit is
requested, is in compliance with the City's property maintenance requirements
set forth in the City's Code of Ordinances. Properties or sites in violation of the
City's property maintenance requirements-, or with outstanding unresolved code
{0001094i.Docx }CODING: Words in sly'-eetype are deletions from existing law;
Words in underlined type are additions.
SSG-.SRW 11 /7/13. 12/19/13: 2/7/14. 3/17/14
Temp. Ord. #2295
March 17, 2014
Page 7
enforcement violations, or expired , permits, shall be required to satisfactorily
resolve the violations and close outstandinq permits, prior any new permits
being issued to develop or redevelop the property. In the event a permit is
applied for to perform phased development/redevelopment or construction on a
site, the entire site must be in compliance prior to the issuance of a permit.
SECTION 4. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this
ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to
"Section","Article" or such other word or phrase in order to accomplish such intention
SECTION 5. Conflicts. That all Ordinances or parts of. Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 6. Severability. Should any section, provision, paragraph, sentence,
clause or word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 7. Effective Date.
adoption.
This Ordinance shall become effective upon
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
(OW 10941.DOCX )CODING: Words in stirike, thireelulo type are deletions from existing law;
Words in underlined type are additions.
SSG.-SRW 11 /7/13_ 12/19/13-- 2/7/14--'3/17/14
Temp. Ord. #2295
March
PASSED, FIRST READING this day of avAled , 2014.
n
C
PASSED, SECOND READING this ��day of 92014.
ATTEST:
PATRICIA TUEFE
CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
�SAMUEL S. GOREN
CITY ATTORNEY
BY:
MAfdR HARRY DRESSLER
17,2014
Page 8
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR DRESSLER
DIST 1: COMM BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
�\` 't A M A
J
9\4 _.
`•
wow
; ESA 3 : cc
IL
("10941.DOCX )CODING: Words in type are deletions from existing law;
Words in underlined type are additions.
SSG-.SRW 11/7/13. 12/19/13: 2/7/14: 3/17/14