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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-017Temp. Ord. #2167 October 7, 2008 Page 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"; SPECIFICALLY AMENDING ARTICLE IV BY CREATING SECTION 9-136, TO BE ENTITLED "NEIGHBORHOOD BEAUTIFICATION"; PROVIDING THE CITY OF TAMARAC, FLORIDA WITH ADDITIONAL REGULATIONS INTENDED TO PRESERVE THE CHARACTER, APPEARANCE AND PROPERTY VALUES OF NEIGHBORHOODS; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REPAIR AND MAINTENANCE REGULATIONS; PROVIDING ACCOMMODATIONS FOR NOW CONFORMING USES; PROVIDING FOR PROTECTION OF PUBLIC HEALTH, SAFETY, AND WELFARE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac (hereinafter referred to as the "City"), pursuant to Chapter 9 of the City's Code of Ordinances, enforces codes that address the health, sanitation and welfare of the community; and WHEREAS, the City Commission recognizes a need to improve these codes to address developing beautification issues surrounding its neighborhoods; and WHEREAS, the City Commission, in an effort to ensure an equitable and efficient procedure to maintain the visual integrity of the City deems it necessary to amend its code to provide for a mechanism whereby the City will be better enabled to protect its overall aesthetic; and CODING: Words in strike thFeu type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 2 WHEREAS, the City Commission anticipates that protecting the City's aesthetic appeal will assist the stabilization of and potential increase in property value as well as the quality of life within the City; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to amend the code, as detailed herein, by providing a mechanism whereby the City is better able to protect and ensure the beautification of the City's neighborhoods. NOW, THEREFORE, BE IT ORDAINED 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 upon adoption hereof. SECTION 2: The City Commission of the City of Tamarac hereby amends Chapter 9, entitled "Health, Sanitation and Nuisances," of the City of Tamarac Code of Ordinances by creating Section 9-136, to be entitled "Neighborhood Beautification Code", as follows: —1 CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 3 Sec. 91-36 NEIGHBORHOOD BEAUTIFICATION (A) Intent and purpose. The purpose and intent of the Neighborhood Beautification Code is to create and establish specific regulations in addition to those requirements contained within the Qity Code of Ordinances that will serve to preserve the neighborhood character, promote its high quality and appearance, maintain property values and protect the public health safety and welfare. The Neighborhood Beautification Code is intended to provide guidelines to ensure the reservation of the community's visual integrity,intggrity, as well as ensure that eypry_property is maintained in accordance with the community standards. (B) Implementation, interpretation and enforcement of regulations by city. The city is hereby charged with implementation, interpretation and enforcementof the regulations as set forth in the Neighborhood Beautification Code. C Definitions. For the purposes of this section these terms shall have the following meaning; 1) Canopv means a portable, non -permanent structure made typically of silk, cotton, canvas, fabric or similar pliable material intended to provide_ protection from the elements. 2 Car ort means permanent roofed structure providing space for the parking of a car, truck recreational vehicle or motorcycle. A carport shall meet the building setbacks „established in whatever zoning district it exists. (3) City_ means the City of Tamarac. 4 Citv Code means the Citv of Tamarac Code of Ordiinances. 5 Commercial vehicle means any vehicle that by its design or use is utilized for any purpose intended to derive some form of compensation, whether moneta or otherwise. Outside lettering of any such vehicle designating a business shall be deemed conclusive for establishing commercial status. Such status shall not include governmental, law enforcement and emergency response vehicles provided such vehicles otherwise meet the criteria for private use vehicles. &LCommunity means the various properties within thg City. CODING: Words in St�gh type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 4 (7) Family One (1) or more persons related by blood, marriage or legal adoption occupying a single dwelling unit, having one (1) set of culinary facilities and living as a single housekeeping unit as a rooming house, distinguished from a group occupying boarding or room ., _ .. . hotel or motel. The definition of family may also include no more than two (2) additional, unrelated natural persons in addition to the above definition of family. Legal custodians of individuals who have not _attained _the age of eighteen (18) and those individuals shall be considered family members. (8) Ground cover means low growing plants that, by the nature of their growth characteristics, completely cover the ground and do not usually exceed two (2) feet in height. (9) Heavy truck means any truck with a net weight of more than five thousand (5,000) pounds and is designed or used to transport goods other than that incidental to the personal effects of the owner. (10) Landscape material means any of the following, or a combination thereof, including, but not limited tograss, round cover, shrubs, vines, hedges, trees or palms and other materials such as rocks, pebbles, sand, mulch; but not including paving. (11) Lawn/grass/sod/turf means the upper layer of soil bound bv_ grassy plant roots and covered by viable grass blades. 12) Mulch an oraanic material such as wood chios. or bark placed on the soil to reduce evaporation, prevent erosion, control weeds, and enrich the soil and lower soil temperature. The use of heat- treatedmulch obtained from Melaleuca, Eucalyptis, or other invasive species is encouraged in order to reduce the impact on the environment and to preserve the remaining native plat communities. For this reason, the use of Cypress mulch is strongly_ discouraged. _Additional material utilized for mulch may include rocks, pebbles, sand or other materials generally utilized for the mulching of planting beds in the South Florida landscaping community. (13) Neighborhood means a uniformly created subdivision. (14) Ovemn ht means the nighttime duration of time considered outside normal working hours; for the purposes of this code that shall be between 9:00 pm and 6:00 am. CODING: Words in strike thFOUgh type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 5 15 Private use vehicle means any vehicle where the rims use of the vehicle is for the transportation ur ses of the owner/operator and that by the normal operation of such vehicle there is no monetary compensation derived. Such vehicles shall be limited _topassenger vehicles, including_ automobiles, motorcycles, golf carts and trucks. 16) Truck means anv sport utility vehicle (SUV). van or pick-u truck with a_net weight of five thousand (5,000) pounds or less and which is used primarily to transport goods incidental to the personal effects of the owner/operator. and not used to transport commercial goods. (17) Vehicle use areas means all po-rtions of platted lots and clubhouses used for the purpose of ingress, a Lessparking, storage, loading and unloading of motor vehicles (D) Permitted/prohibited uses and structures (1) Permitted uses and structures are as listed under Article III, Division 2-5 of Chapter 24 and Article ILI, Division 13 of Chapter 24 entitled "S-1 recreational district." Use of lotslatted for single family residential shall be restricted to the use of a single family, is household servants andguests; family is defined herein. Use of lots platted for recreational shall be restricted to the use of outdoor sorts and recreational activities active and passive in nature). 2) Prohibited uses in the above -referenced divisions of Chapter 24 are considered any use not specifically enumerated under the same districts as a permitted use within the City Code. This would include the prohibition of any trade businessprofession or any other type of commercial activity. Prohibited uses and structures in the S-1 zoning district are specifically listed under article III, division 13 of chapter 24 entitled "S-1 recreational district" of the City Code. 3) Structures accessory to the use of one (1) family may be erected provided such accesso buildings are clearly incidental to the main building, and do not accommodate an additional family. Accesso structure shall receive all required permits from the city prior to construction. 4 A construction shed may be placed on a lot temporarily during the course of active construction of a residence building -otherwise, no portable buildings or trailers may be placed on a lot unless it has met the requirements enumerated within this code. Temporary cons ruction sheds shall receive all required permits from the city prior to installation. CODING: Words in stFilie thFou type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 6 5 Utility sheds are only allowed if they have obtained the necessary permits and inspections as determined by the Building_ Department. (E)_Minimum standards for maintenance of premises. Residential properties_ shall_ be protected from the negative impacts of noise, illumination, unsightliness, odors, dust, dirt, smoke and other objectionable influences. Maintenance of premises_ shall be subject to the City's Code. Minimum standards to ensure maintenance of premises are as follows, along with the following conditions: (1) All properties shall be kept in a clean and sanitary condition free _o_frubbish, trash, garbage, ground surface hazards, including but not limited to: broken glass, dangerous projections and objects. (2) No animals, livestock or poultry_ of any _kind shall be raised, bred or kept on any lot. Dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. 3) Hedaes are permitted and shall be maintained uniformlv at a height not to exceed six (6) feet and so as not to obstruct a neighboring property owner's view. Residential properties that border commercial Drooerties must maintain the hedae heiaht not to exceed a maximum of eight (8) feet. 4 Refuse containers shall be maintained in good condition and completely screened from view from the adjacent right-of-way. The only exception to this regulation is when the refuse containers are placed for pickup which_ shall be no earlier than 7:00 pm the evening before on the day of actual pickup and removed no later than 11:00 pm the evening of pickup - - (5)_All_gas and oil tanks must be placed and maintained below ground level or in walled -in areas so as not to be visible from adjacent properties. (6) Air conditioning or other mechanical equipment placed in any front, side or rear yard shall be screened or walled in so as not to be visible from the public rights -of -way and shall not be placed on the roof of anv buildina or structure unless such air conditionina or mechanical equipment is completely screened or walled in so as not to be visible from the public rights -of -way or adioining properties. CODING: Words in StFike thFeU type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 7 7 Any telecommunications tower and/or antenna shall comply with all federal state and local laws ordinances and r ulations. 8 Permanent and/or temporary signs shall not be erected or displayed upon any properties within the City. 9 Exceptions: a Political signs which shall conform to Chapter 18 of the City Code. b Securit / rotective agency si ns which shall be located within five 5 feet of the residence. c . Warning or hazard si ns which will be pqrmitted to be located where the hazard may exist. d House identification si ns which shall be attached to the residence be a minimum of four 4 inches but no larger than twelve 12 inches by fifteen 15 inches be of a contrasting color and include no more than the homeowner's name and/or address. 10 All exterior surfaces of all buildings and structures including but not limited to roofs walls soffits siding, fascias doors door and window' frames cornices oorches, screens, screen enclosures trim balconies decks fences and vehicular use areas shall be kept free of dirtrime mold and mildew. Such surfaces shall also be kept free. of faded or chpped paint and ,shall be maintained in good repair and condition. Such surf ces shall be repainted, recovered or cleaned when ten (10) percent „or more of the ex osed surface area of the subject elevation does not meet the standards set forth herein. 11 Walkways, whether permanent or temporary in nature shall be maintained in a neat and clean condition at all times. F Carports, garages, parkingand storage 1 Only private use vehicles are permitted to be parked or stored overnight where they would be visible from the public rights -of -way or abutting properties. All other types of vehicles incl ling but not limited to heavy trucks and commercial vehicles are -prohibited from being parked or stored overnight where it is visible from the public rights -of -way or abuttinQ Droperties. CODING: Words in S+�t T*eugh type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 8 (2) Vehicle use areas shall be constructed of asphalt pavement, brick pavers, concrete, stamped concrete, cast in place stone or of a similar material which provides equivalent durability, aesthetic appearance and maintainability. Any modification to an _existing vehicular use area shall receive all required permits from the cit prior to construction. 3 All private vehicle use areas shall be maintained in a neat and clean condition. Additionally, vehicle use areas shall be maintained in good condition and good repair which shall_ include removal of all ruts, potholes, broken pavement, faded stain or painted surfaces and blacktop surfaces in need of recoating_ (4) Carports/Garages are for the purpose of storing approved use vehicles only. General storage of personal belongings and other commodities within the confines of the carport/garage visible from the abutting rights -of -way are prohibited. Carports/garages shall be maintained so that there is no accumulation of trash and garbage. 5 Portable Canopies -as herein defined are not permitted to be used as a carport. Canopies are only allowed on a temporary basis for parties, events etc. and should be removed immediately after completion of event._ (6) Garage doors shall be kept in the down_ position at all times when the garage is not in use by the resident. G Buildings, additions and modifications. In order to assure that the quality of development within the community is maintained at a high standard the following requirements shall apply to construction of new residences and additions or changes to existing residences or propert No docks seawalls boat landings, mooring posts or boathouses may be constructed without the property owner obtaining all necessary permits. (H) Landscaping and screening. In order to assure that the _ aesthetic appearances of the communities are maintained the following re uirements shall apply with regard to maintenance of shrubbery and landscape materials: (1) Homeowners must maintain healthy landscaping, to include spraying, watering, weeding, trimming and fertilizing_ 2 All lot areas not covered by driveways, or other paved areas or structures shall be planted with lawn grass, ground cover or other appropriate landscape materials free of weeds. Lawns shall be neatly maintained at a height of four (6)-inches or less. CODING: Words in shrike thFeugh type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 9 3 Landscape material shall not create pedestrian and/or motor vehicle hazards. 4 All landscaped areas should be maintained or trimmed to prevent the blocking of doors and windows as well as any public right-of-way. 5) The installations removal and pruning of all trees and palms within the community shall be in accordance with ANSI 300 standards and chapter 11 of the City Code. All other elements of landscaping shall be installed and maintained so as to meet all other applicable City Code re uirements. I Conflicts and appeals 1 This article shall be liberally construed so as to effectively car out the purpose hereof in the interest of the public health safety and general welfare. The provisions of this article -shall apply to the community in addition to the provisions of the City Code. In the event of any conflict between the provisions of this article and an provision of the City Code the provision contained in this article shall prevail. 2 The Code Enforcement Board/Special Magistrate shall hear and decide appeals when it is alleged an error in gD -requirement, decision or determination has been made by the administrative official in the administration of this section. Any peron aggrieved bv the decision of the Code Enforcement Board/Special Magistrate may appeal such decision to the circuit court. (J) Enforcement of violations This section shall be the minimum standard and shall be enforced by the Code Compliance Division of the city along with the county sherifrs office. Violations of any of the regulations of this ordinance shall) be heard in accordance with state statutes by the appropriate overnin uthorit . K Nonconforming uses and structures 1) Existin_g nonconf_orminq uses and structures not in violation. Any lawful use of land or structure existinq on April 1 200$ and which by its terms has become a nonconforming use is hereb declared not to be in violation of this chapter on such date. Such nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance change and discontinuance. 2 Continuance permitted if le al. Any legal nonconforming use or structure may be continued. CODING: Words in strikeeagk► type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 10 (3) Continuance. Nothing in this article shall be interpreted as authorization for or approval of the continuation of the use of a structure lot or premises in violation of any law or ordinance in effect on April 1 2008. (4) Extensions. The nonconforming _ use of a building may be extended throughout any part of a building clearly designed for such use but not so used as of April 1, 2008._ Any nonconforming use which occupied a portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to occupy an land outside the building or any additional building on_the _same plot not used for such nonconforming use as -of April 14, 2004. The nonconforming use of land shall not be extended to any additional land not so used as of such date. (5) Repairs, maintenance, improvements. No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed or structurally altered unless the use is changed to one which complies with the provisions of this article provided, that repairs, maintenance and improvement may be carried out in any one 1 year in an amount not to exceed twenty-five 25percent of the assessed value of the structure for that year, and _provided that such work does not increase the cubic content of the building no the floor area devoted to the nonconforming use, or increase the number of dwelling units. Nothing in this article shall prevent compliance with applicable laws or resolutions relative to the_safety and sanitation of a building occupied by a nonconforming use. If any nonconforming structure or _building in which there is a nonconforming use is damaged by fire, flood, explosion, collapse,_ wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed seventy-five (75� percent of the replacement cost of the building -or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located._ (6) Changes of non -conforming uses. (1) In any residential district, any change of a nonconforming -use in a conforming building shall be to a conforming use. 1 CODING: Words in Strike th..,,,.,.h type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 11 2 In any residential district a nonconforming use in a nonconforming building shall be changed only to a use permitted in the particular residential district in olved exce t where there may be a change of tenancy,--ownershiptenancy,--ownership or management of a nonconforming use providod there is no change in the nature of character or such nonconforniLng use except as may be permitted by this article. 3 Any change of a nonconforming use of land, except as incidental to a change of a nonconforming use of a nonconforming structure permitted and approved under this section shall be to a conformin use. 7 Effect of discontinuance abandonment or ch n e to non- conforming use. If for any reason a nonconforming use of land ceases or is discontinued fora period of more than -sixty 60 days, the land shall not thereafter be used for a nonconforming use. 1 If for any reason the nonconforming use of a building ceases or is discontinued fora period of one 1 year or more the building shall not thereafter be used for a nonconforming use. 2 Any part of a building, structure or land occupied by a nonconforming use which use is abandoned shall not again be occupied or used for a nonconforming use. a) Applicability to nonconforming uses created by chanaes in districts or district regulations. The provisions of this article shall also apply to buildings, structures land remises or uses which hereafter become nonconforming due to a chan a or a reclassification of district or become nonconforming due to a change in district regulations. Where a period of time is specified in this article for the removal or discontinuance of nonconforming buildings structures or uses such period shall be computed from the effective date of such reclassification or change of regulations. 9 Applicability. The provisions of this article are intended to a I only to nonconforming uses and are not intended to apply to buildings and structures and their plots existing on April 1 2008 which do not meet the regulations of this -chapter for height, yards, lot size lot area coverage, separation or other similar dimensional requirements or limitations. If the owner can provide the city with a survey dated on or prior to April 1 2008 showing the nonconformity, a Dermit for extensions or alterations of a building or structure may be issued. CODING: Words in StFike thFou # type are deletions from the existing law; Words in underscore type are additions Temp. Ord. #2167 October 7, 2008 Page 12 If a survey cannot be produced, the owner may apply to the planning board for a variance which variance must be granted before any permit ma be issued. Any additions extensions or alterations to such proven existing buildings or structures shall comply with all applicable provisions of this chapter. 10 Casual teMporajy or illegal use not sufficient as nonconforming use. The casual, temporary or illegal use of land or a building shall not be sufficient to establish the existence of a nonconforming use or to create any _rights in the continuance of such a use. SECTION 3: 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. 1 SECTION 4: All Ordinances or parts of Ordinances, Resolutions or parts 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 circumstances 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 to be severable. SECTION 6: This Ordinance shall become effective immediately upon adoption. i] CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions 1 1 1 PASSED, FIRST READING this PASSED, SECOND READING this ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. M'UEL S. GOREN ITY ATTORNEY Temp. Ord. #2167 October 7, 2008 Page 13 1-, day of �%��_� , 2008. �Wjzel day of �� ,. - r'� ' , 2Q08. L BY: BETH FLANSBAUM - TA ABISCO MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRA "� DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER ' DIST 2: COMM. ATKINS-G =-' DIST 3: V/M SULTANOF DIST 4: COMM. DRESSILEA CODING: Words in stfilke thFeU type are deletions from the existing law; Words in underscore type are additions