HomeMy WebLinkAboutCity of Tamarac Ordinance O-2008-017Temp. Ord. #2167
October 7, 2008
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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
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October 7, 2008
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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:
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October 7, 2008
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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.
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(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.
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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.
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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.
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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.
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(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.
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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.
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(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.
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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.
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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.
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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.
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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
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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
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