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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-011Temp. Ord. # 2305 August 12, 2014 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2014 - /% AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ZONING" BY AMENDING ARTICLE III, ENTITLED "DISTRICT REGULATIONS", DIVISION 19 ENTITLED "BUSINESS AND COMMERCIAL USES MASTER LIST" BY SPECIFICALLY AMENDING SECTION 24-434 ENTITLED "PERMITTED USES MASTER LIST", TO PROHIBIT ELEMENTARY, MIDDLE OR SENIOR HIGH SCHOOLS, PUBLIC AND PRIVATE IN THE CITY'S B-1 (NEIGHBORHOOD BUSINESS) ZONING DISTRICT IN CONFORMITY WITH THE CITY OF TAMARAC LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac (the "City") seeks to amend its Code of Ordinances to prohibit elementary,, middle or senior high schools, public or private from locating in the City's B-1 zoning district; and WHEREAS, Section 24-326, of the City's Code of Ordinances describes the purpose of the B-1 Neighborhood Business District as a neighborhood business center district intended primarily to meet the neighborhood shopping and service needs of surrounding residential areas; and WHEREAS, Policy 10.8 of the City's Comprehensive Plan requires nonresidential land uses to be located in a manner compatible with adjacent land uses so as not to adversely affect the health, safety, welfare, or aesthetics of existing or future residential areas; and WHEREAS,. the B-1 zoning district, due to its neighborhood character, and purpose, is not suitable for the siting of public or private elementary, middle, and high schools; and CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2305 August 12, 2014 Page 2 WHEREAS, the B-2, B-3, B-5 and B-6 zoning districts allow for both public and private elementary, middle, and high schools as a special exception use, and are suitable and more appropriate for the siting of schools; and WHEREAS, the City Commission finds that amending the Code to prohibit the use of public or private elementary, middle, or high schools in the City's B-1 zoning district protects the public health, safety, and general welfare of the City, and is in the best interests of the citizens and residents of the City of Tamarac. 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 true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Chapter 24, Article III, Division 19, Section 24-434 entitled "Permitted Uses Master List" of the City of Tamarac Code of Ordinances is hereby amended to read as follows: Sec. 24-434. Permitted Uses Master List. (a) "P" indicates that the use is allowable by right, subject to the standards of the Code of Ordinances; (b) "SE" indicates that the use is a special exception ("SE") that may be allowed in the district; and (c) A "blank space" indicates.that the use is prohibited. CODING: Words in gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2305 August 12, 2014 Page 3 { CATEGORY/USE B-1 Neighborhood B-2 Community B-3 General = B-5 Limited B-6 Business MXD Business Business Business Business Mixed s s Use � ; Public and institutional ;Churches and P P P S places of worship i College or P P university, public 1 or private p , Governmental P P P P P P g uses t .»......»..»«.».«».»......».. .»..» ......»...»..... . Hospital, public or P P P P i private s R Post office P P P P P P Post office, P P P P accessory-------------- f Satellite college or P P - university Elementary, S€ SE SE SE SE_- SE . t middle or senior s . x high schools, } public and private ........ ....� **************************** SECTION 3. 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. SECTION 4. 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 5. 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. CODING: Words in . type ' are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2305 August 12, 2014 Page 4 SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this - d 7 day of 2014. PASSED, SECOND READING this A) day of , 2014. ATTEST: �fPATRICfXTEUFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: EL S. GOREN CITY ATTORNEY BY: MAYO RRY DRESSLER 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: VIM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO CODING: Words in type are deletions from existing law; Words in underlined type are additions.