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Home My WebLink AboutCity of Tamarac Ordinance O-2008-016Temp. Ord. #2166 October 7, 2008 Page 1 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2008- /� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF TAMARAC, FLORIDA, ENTITLED "HEALTH SANITATION AND NUISANCES', BY CREATING SECTION 9-43, TO BE ENTITLED "PORTABLE STORAGE UNITS", PROVIDING FOR REGULATORY PROVISIONS FOR THE PLACEMENT AND REMOVAL OF PORTABLE STORAGE UNITS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida (hereinafter referred to as the "City") recognizes that the use of portable storage units is becoming increasingly common throughout the City; and WHEREAS, the City Commission recognizes that portable storage units left on site at residences throughout the City for long periods of time have a direct effect on the aesthetic appeal of the neighborhoods within the City; and WHEREAS, the City Commission further ecognizes that portable storage units remaining on site may create a nuisance for the community; and WHEREAS, the Community Development Department has recommended that the City enact standards to regulate the placement and use of such storage units; and WHEREAS, the City Commission finds that the adoption of an Ordinance to regulate portable storage units is in the best interests of the health, safety, and welfare of the residents and citizens of the City; and CODING: Words in StFike thFou type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2166 October 7, 2008 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: That the foregoing WHEREAS clauses 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: That Chapter 9 of the City of Tamarac Code of Ordinances, entitled "Health, Sanitation and Nuisances", is hereby amended by the creation of Section 9-43, to be entitled "Portable Storage Units", to read as follows: Sec. 9-43. Portable Storage Units. A) Definitions. For the purpose of this section the followina definitions shall apply: (1) Portable Storage Unit. Any container designed for the storage of personal property and/or overflow merchandise which is typically rented to owners or occupants of property for their temporary use and which may be delivered and removed by vehicle. (2) Site. A piece, parcel, tract, or plot of land occupied, or that may be occupied, by_one ,or more ,buildings or uses and their accessory occupied, and uses which is generally considered to be one unified parcel. (1) On -Site Storage. There shall be no more than one (1) _portable storage unit per site, at one (1) time, and no largerthan one hundred thirty (130) square feet in total area. A site permit, _as_required in this section, below, for „a portable storage unit to remain at a site in a residential or non-residential zoning district shall be valid for a maximum of seven_(7) consecutive days. 1 CODING: Words in StFiLJn7T T reu type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2166 October 7, 2008 Page 3 (21_Cumulative Time Restriction. Noportable storage unit shall be laced at any one 1 site in a residential or nonresidential zoning district in excess of twenty-one (21) days within any 12-month period. All sites are limited to the maximum number of three 3 site permits within any _12-monthperiod. If more than one unit in succession is to be used at a site, the time regulations detailed herein shall begin to accrue from the date of which the first unit was placed at the location. (3) Not withstanding_ the time limitations as stated above. All portable storage units shall be removed from the City immediately upon the issuance of a hurricane warning by a recognized governmental agency. The removal of a portable storage unit during a hurricane warning is the responsibility of the owner/operator of the portable storage unit (C)Site nermit required prior to placing a portable storage unit on any site 1) The site owner/occupier or the owner /operator of the sortable ' ion storage unitmust apply or site permit. scat for the site permit .._ pp .. shall be made to the Director of Community Director, or his/her designee, on a form provided_ by the City. A review shall be conducted by the Community Development Department. 2 The application shall include the signature of the site propert owner or renter in order to ensure that the site owner or the renter has full knowledge of and consents to placement_ of, the portable storage unit on his or her site and the provisions of this section. If the applicant is a renter of the property, then the applicant must also provide written consent from the property owner to ma ke such gpplication. A site permit fee of „$50.00 shall accompany the application. The issuance of a site perm it shall -allow the applicant to place a portable storage unit on the site in conformance with the requirements of this section. The exterior of the portable storage unit shall have a weatherproof clear pouch, which must display the site permit at all times. However, no site permit shall be issued if it is e er_m_ ine Tthat the storage unit � provider or site owner is in violation _ v of any provision of this section. D) Maintenance and Prohibition of Hazardous Materials. The owner/operator of a portable storage unit and/or the site owner/occupier of the property on which a portable storage unit is placed shall be responsible to ensure that the portable storage unit is in good condition free from evidence of deterioration weathering, discoloration rust ripping, tearing or other holes _orbreaks. When not in use, the „portable storage unit shall be kept locked. The site _owner/occupier of the property on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or CODING: Words in stFike thFOU type are deletions from existing law; Words in underlined type are additions. emp. ura. gzi nb October 7, 2008 Page 4 kept within the portable storage unit. (E) Residential Zoning Districts. In residential areas or zoning districts, a portable storage unit shall_ only be placed in a driveway or other Paved surface, unless the rear of the site is readily available and must be set back a minimum of five 5 feet from side property lines and three 3 feet from the front 2Loperty lines. In the event that the Director of Community Development, or his/her designee, determines that there is no driveway, or other paved surface, and the rear of the site is not accessible for placement of a portable storage unit, the Director of Community Development, or his/her designee, may approve_ placement of a portable storage unit in the front yard providing that the placement of such portable storage unit does not obstruct the free convenient and normal use of the public ri ht-of-wa or access to any dwellings thereon. I= Non-residential Zoning Districts. In non-residential areas or zoning districts, a portable storage unit_ shall only be placed in the rear or side portion of a_site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a non- residential site. All portable storage units shall comply with all_gpplicable zoning requirements as it relates to setback and use requirements. The placement of a portable storage unit in fire lanes Passenger loading zones commercial loading zones or public rights -of -way shall be strictly prohibited. (G) Portable storage units shall be for storage purposes only. No other activity__such as utilizing the _ _ unit for „work „or living space shall be allowed. H) Violations. t1_ It shall be unlawful for any person to„place or permit the placement of a _portable storage unit on a site which he or she owns, rents, occupies, or controls without first obtaining a site permit from the Director of Community _D_evelopment,_or his/her designee. It shall be unlawful for any_owner/operator of a portable storage unit to place or permit the placement of a portable storage unit on a site within the City without first confirming that a site permit has been obtained from the Director of Community Development, or his/her designee. (2) It shall be unlawful for a portable storage unit to remain at a site in excess of the time periods Dermitted under this section. Each day that any such portable_ storage unit remains at the site in violation of the permitted time periods shall constitute a separate violation against_ the portable_ storage unit company, and, against any person who owns rents occupies, or otherwise controls the site. (3) Any violation of this chapter shall be deemed a public nuisance and as such, is subject to the provisions for removal and abatement of CODING: Words in strip type are deletions from existing law; Words in underlined type are additions. Temp. Ord. #2166 October 7, 2008 Page 5 1 said nuisance as prescribed herein. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance may be renumbered or 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 4: All Ordinances or parts of Ordinances, and Resolutions or parks of Resolutions 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 of the provisions of this Ordinanc� are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. CODING: Words in s#Fil(e thFeug# type are deletions from existing law; Words in underlined type are additions. i emp. ura. Uzi be October 7, 2008 Page 6 '7 PASSED, FIRST READING this day of 2008. PASSED, SECOND READING this day of �C'C� , 2008. BY: A4W � BE H FLANSBAUM - tALABISQ6 MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. r � 1 �SUEL S. dbPEN iCITY ATTORNEY C� RECORD OF COMMISSION VOTE: 1st Reading MAYOR FLANSBAUM-TALABISCO & DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRA �-� ---' DIST 3: V/M SULTANOF G ,: DIST 4: COMM. DRESSLER ?� RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO C_ DIST 1: COMM PORTNER DIST 2: COMM. ATKINS-G [ DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLE CODING: Words in Sfr,VthFough type are deletions from existing law; Words in underlined type are additions. 1 1 1