HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-013Temp. Ord. No. 2368
October 25, 2017
Page 1 of 16
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2017 -
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, DIVISION 16 ENTITILED "B-3, GENERAL BUSINESS
DISTRICT" BY SPECIFICALLY AMENDING SECTION 24-369
ENTITLED "SPECIAL REGULATIONS", AMENDING DIVISION 18
ENTITLED "B-6, BUSINESS DISTRICT" BY CREATING SECTION
24-414 ENTITLED "SPECIAL REGULATIONS" TO PROVIDE FOR
SITE DEVELOPMENT STANDARDS FOR SELF -STORAGE
FACILITIES, AND AMENDING DIVISION 19 ENTITLED
"BUSINESS AND COMMERCIAL USES MASTER LIST " BY
SPECIFICALLY AMENDING SECTION 24-434 ENTITLED
"PERMITTED USES MASTER LIST", TO ESTABLISH SELF -
STORAGE FACILITY AS A PERMITTED USE SUBJECT TO
SPECIAL EXCEPTION APPROVAL BY THE CITY COMMISSION IN
THE B-6, BUSINESS ZONING DISTRICT, IN CONFORMITY WITH
THE CITY OF TAMARAC COMPREHENSIVE PLAN; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, more and more communities are allowing attractively designed self -
storage facilities to be built in more urban, residential areas, instead of the industrial and
warehouse districts where they have been traditionally located; and
WHEREAS, the new style of construction allows the business to get closer to the
user who needs nearby access to self -storage to get to their units quickly; and
WHEREAS, Millennials are living in small apartments for longer periods of time
and empty -nest Baby Boomers are downsizing, but neither group has stopped
accumulating items, fueling a boom in the local self -storage business; and
WHEREAS, effectively designed and strategically cited self -storage facilities with
appropriate design standards can serve as an attractive and beneficial use on
CODING: Words in type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 2of16
secondary thoroughfares throughout the City; and
WHEREAS, the City of Tamarac (the "City") seeks to amend its Land
Development Regulations to provide for site development and design standards for self -
storage facilities in the B-3 (General Business) and B-6 (Business) Zoning Districts and
permit the use of self -storage facility as an enumerated use in the City's Permitted Uses
Master List subject to the issuance of a Special Exception approved by the City
Commission in the B-6 (Business) Zoning District; and
WHEREAS, Policy 1.5 of the Future Land Use Element of the City's
Comprehensive Plan promotes "quality development" in all land use categories by the
establishment and implementation of design criteria and development standards; and
WHEREAS, Policy 10.8 of the Future Land Use Element of the City's
Comprehensive Plan requires commercial 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 City recognizes the need to promote and provide appropriate
uses to serve the residents of the community; and
WHEREAS, the City Commission finds that amending the Code to permit self -
storage facilities as an enumerated use in the Business and Commercial Uses Master
List, subject to the issuance of a Special Exception approved by the City Commission in
the B-6 (Business) Zoning District and creating supporting site design and development
standards to govern the performance of the use is consistent with the goals, objectives
and policies of the Comprehensive Plan of the City of Tamarac.
CODING: Words in strike thFe gJ type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 3 of 16
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. That Chapter 24, Article III, Division 16, Section. 24-369 entitled
"Special regulations" of the City of Tamarac Code of Ordinances is hereby amended as
follows:
Section 24-369 Special Regulations
The following are special regulations for B-3 districts:
(1) Lighting. In order to minimize offensiveness to persons on neighboring property
and to eliminate distractions to and temporary blinding of drivers of vehicles
passing illuminated property, all artificial parking lot lighting shall either be
shaded or screened in a manner that will limit spillover of lighting onto adjacent
property and rights -of -way. Spillover shall not exceed three (3) footcandles
vertical and shall not exceed one (1) footcandle horizontal illumination on
adjacent properties or structures measured at grade. An outdoor lighting
installation shall not be placed in permanent use until a letter of compliance
signed and sealed by a registered engineer or architect is provided to the city
stating that the lights have been field tested and meet the standards set forth
above.
(2) Outdoor storage. Outdoor storage of merchandise shall be permitted only when
incidental to the commercial use located on the same premises provided that:
a. The storage area shall not be located in any of the required setbacks or
yards.
b. The stored merchandise shall not protrude above the height of the
enclosing walls or buildings.
(3) Off-street parking and loading. No off-street parking shall be located within ten
(10) feet of any abutting residential or S-1 zoned district property. No loading
shall be located within thirty (30) feet of any abutting residentially zoned district
property. No outdoor storage area or trash receptacle, fixed or mobile, shall be
located in a required street setback area, or within fifty (50) feet of any abutting
residentially zoned district property.
CODING: Words in s+^Uo thFo unh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 4 of 16
(4) Self -storage facilities. Self -storage facilities shall be permitted only by Special
Exception approval and subject to the following special regulations:
a.The maximum size of any individual rental space for storage of household
items and equipment shall be four hundred (400) square feet.
b. Controlled access shall be provided to the complex and an adequate
security/surveillance system shall be installed whether electronic or
otherwise, so that security personnel may keep vigilance over the facility
and can be easilVcontacted in emergency or distress situations,
c.Access to all storage spaces will be from the interior of the structure and
each storage space shall have independent and exclusive access
through a secured door or gate:
d. Storage facilities shall be subject to architecture review and designed or
remodeled so as to agree in character and scale with the prevalent scale
and character of the surrounding area. Careful consideration shall be
given to the treatment of the blank walls generally associated with this
use and to the way the ground floor addresses the street.
e. Loading and unloading areas shall be evaluated on an individual basis for
compliance with the following criteria:
1. Loading and unloading activities shall be limited to locations which are
not visible from adiacent public rights -of -way.
2. The area set aside for such activities shall be arranged so as not to
obstruct the smooth flow of traffic on the site.
3. Loading and unloading spaces shall be a minimum of twelve (12) feet
in width, by twenty-five (25) feet in length.
4. The number of loading and unloading spaces shall be provided at the
rate of three (3) loading/unloading spaces for the first 50,000 sq. and
one loading/unloading space for each additional 50,000 sq. ft. over
60,000 sq. ft.
f. Parking shall be provided at the rate of one (1) parking space per five -
thousand (5,000) square feet for the first twenty thousand (20,000) of
gross floor area, and one (1) parking space per ten thousand (10,000)
square feet thereafter. Hours of operation shall be established in
response to the perceived demand for services but shall not exceed
fifteen (15) continuous hours and shall not extend beyond 10:00 p.m. no
commence before 6:00 a.m.
g.In addition to these restrictions, upon individual evaluation of each
proposed self -storage facility, appropriate measures may be required to
minimize any potential adverse effects brought about by the
implementation of the use with regards to the above or other pertinent
concerns.
CODING: Words in 6trike through type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 5 of 16
h. Distance Limitations - In order to mitigate potential adverse impacts
associated with a concentration of such facilities within the city, such
facilities shall be located no closer than two thousand five hundred
(2,500) feet from one another. Such distance shall be measured from the
nearest point of the existing facility's site to the nearest point of the
Proposed facility's site.
SECTION 3. That Chapter 24, Article III, Division 18, Section 24-414. "Special
Regulations" is hereby created in the City of Tamarac Code of Ordinances as follows:
Section 24-414
The following are special regulations for B-6 districts:
M Self -storage facilities. Self -storage facilities shall be permitted onlv by Special
Exception approval. Self -storage facilities shall be subject to individualized review for
consideration of only the following types of variances: building height plot coverage
and setback requirements and subject to the following site design and performance
standards below
a.
The maximum size of any individual rental space for storage of household items
and equipment shall be four hundred (400) square feet
b.
Controlled access shall be provided to the complex and an adequate
security/surveillance system shall be installed whether electronic or otherwise so
that security personnel may keep vigilance over the facility and can be easily
contacted in emergency or distress situations;
c.
Access to all storage spaces will be from the interior of the structure and each
storage space shall have independent and exclusive access through a secured
door or gate;
d.
Public storage facilities shall be subject to architecture review and designed or
remodeled so as to agree in character and scale with the prevalent scale and
character of the surrounding area. Careful consideration shall be given to the
treatment of the blank walls generally associated with this use and to the way the
ground floor addresses the street.
e.
Loading and unloading areas shall be evaluated on an individual basis for
compliance with the following criteria:
1. Loading and unloading activities shall be limited to locations which are not
visible from adjacent public rights -of -way.
2. The area set aside for such activities shall be arranged so as not to
obstruct the smooth flow of traffic on the site.
3. Loading and unloading spaces shall be a minimum of twelve (12) feet in
width, by twenty-five (25) feet in length.
4. The number of loading and unloading spaces shall be provided at the rate
of three (3) loading/unloading spaces for the first 50,000 sq. and one
loading/unloading space for each additional 50,000 sq. ft. over 60,000 sq.
ft.
CODING: Words in strike thr„, �r.h type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 6 of 16
f. Parking shall be provided at the rate of one (1) parking space per five -thousand
(5,000) square feet for the first twenty thousand (20 000) of gross floor area, and
one (1) parking space per ten thousand (10,000) square feet thereafter.
g. Hours of operation shall be established in response to the perceived demand for
services but shall not exceed fifteen (15) continuous hours and shall not extend
beyond 10:00 p.m. nor commence before 6:00 a.m.
h. In addition to these restrictions upon individual evaluation of each proposed self -
storage facility appropriate measures may be required to minimize any potential
adverse effects brought about by the implementation of the use with regards to
the above or other pertinent concerns.
i. Distance Limitations - In order to mitigate potential adverse impacts associated
with a concentration of such facilities throughout the city, such facilities shall be
located no closer than two thousand five hundred (2,500) feet from one another.
Such distance shall be measured from the nearest point of the existing facility's
site to the nearest point of the proposed facility's site.
SECTION 4. That 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 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.
Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited
B-1
B-2
B-3
B-5
MXD
B 6
CATEGORY/USE
Neighborhood
Community
General
Limited
Business'
Mixed
Business
Business
Business
Business
Use
Residential 1
Dwelling, single
j
1
CODING: Words in c+^4e thmu F' type are deletions from existing law;
Words in underlined type are additions.
1
I
Temp_ Ord. No. 2368
October 25, 2017
Page 7 of 16
family
Dwelling,
multifamily
1
P
Dwelling, two-
family
Rowhouse
P
Townhouse
P
Mobile home park
i
Residence hall or
dormitory
P
P
Community
residential home,
P
P
P
P
P
type 1 (6 or less
residents)
Community
residential home,
P
P
P
P
P
type II (7-14)
{ Assisted living
facility (1 or more
P
P
P
P
P
residents)
Retail and commercial
Adult entertainment
SE
Antique shop
P
P
P
P
P
P
Appliance and
electronics store,
P
P
P
service and
CODING: Words in strike thre gh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 8 of 16
installation
Auto repair,
SE
general
Automobile
SE
dealership
Auto rental,
SE
SE
accessory
Auto service station
SE
SE
and minor repairs
Auto tire sales and
SE
SE
installation
Bakery P
P
P
P
P
P
Barber/beauty
supplies and P
P
P
P
P
P
equipment sales
Bicycle sales and P
P
P
P
P
repair
Boat and marine
sales
Bookstore P
P
P
P
P
P
Car wash/auto
SE
detailing
Clothing and P
p
P
P
P
P
accessory store
Consignment shop
P
P
CODING: Words in stFike thFO gh type are deletions from existing law;
Words in underlined type are additions.
U
f
Temp. Ord. No. 2368
October 25, 2017
Page 9 of 16
Convenience store
w/gas sales
SE
SE
Department store
p
P
_
p .
Discount
department store
P
P
Drugstore or
pharmacy, general
P
P
P
P
P
P
Farm equipment
and sales
Feedstore
Floral or florist
shop
P
Fruit and vegetable
market
P
P
P
p
Gift and card shop
P
P
P
P
P
P
Grocery store,
3 retail
P
P
P
P
P
P
Hardware, paint,
glass, wallpaper
and floor covering
P
P
P
p
i store
Hobby, fabric, and
craft shop
P
P
P
P
Hotels
P
P
Jewelry store,
p
P
P
P
i including repair of
CODING: Words in StFike thFOUgh type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 10 of 16
jewelry and clocks
Landscape,
nursery, and
SE
P
garden supplies
Lawn mower sales P
P
P
and repair
Lumber yard and
building materials
Machinery, tools,
and construction
equipment sales
and service
Medical and dental P
P
P
P
P
supply sales
Motorcycle sales
SE
and service
Nightclub, bar, or
SE
SE
SE
lounge
Pet grooming shop P
P
P
P
Pottery shop P _
P
P
P
Recreational
vehicle park
Restaurant P
P
P
P
P
P
Restaurant, fast
food (with or w/o SE
SE
SE
drive -through)
0
F
CODING: Words in strike thFo uryh type are deletions from existing law;
Words in underlined type are additions.
L
Temp. Ord. No. 2368
October 25, 2017
Page 11 of 16
Retail, general
P
P
P
P
P
P
Showroom, general
P
P
P
_
p
Thrift and used
merchandise store
P
Personal services
Animal boarding
kennel
SE
Auto/truck fleet
maintenance shops
and garages
Auto/truck body
repair shop
Automatic/self-
serve car wash
SE
Bank/financial
institution w/drive
P
P
P
P
P
SE
through
Bank/financial
institution w/o drive
P
P
P
P
P
P
through
i
Banquet facility
i
P
P
Barber/beauty
shops
P
P
P
P
P
P
Blueprinting
P
P
Boat repair
CODING: Words in stroke thFeuo type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 12 of 16
Business, trade
and vocational
P
P
schools
Catering service
P
P
Cemetery and
mausoleum
Clinic, medical or
P
P
P
P
P
P
dental
i
Clinic, veterinary
P
P
P
P
P
Cold storage facility :
SE
Contractor's
SE
storage yard
Data processing
P
P
P
P
P
P
svice entice
Day care, child,
SE
SE
SE
adult or family
Electronic repair
P
P
P
Emergency health
P
P
P
P
P
care
Express or parcel
P
P
P
P
delivery office
Express or parcel
delivery distribution
P
center
Extermination
P
P
P
1
L.J
CODING: Words in stFike thmugI4 type are deletions from existing law;
Words in underlined type are additions.
n
L
service
Funeral home
Health, physical
fitness, weight
P
reduction, and spa
i
Housekeeping and
janitorial services
Laboratory, general
Laboratory, dental
or medical
P
Laundry, self
service
P
Laundry and dry-
cleaning pickup
P
station
Laundry and dry
cleaningon site),
�
j linen supply and
cleaning service
Locksmith
P
Machine shop
Mail and packing
store, private
P
Massage therapist
P
Motion picture
Temp. Ord. No. 2368
October 25, 2017
Page 13 of 16
P
P
P
P
p
P
P
P
P
P
P
P
P
P
P
P
P
P
SE
P
P
P
P
P
P
P
P
P
P
P
SE
CODING: Words in strike thFeug# type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 14 of 16
studio
Nursing home or
convalescent P
P
P
P
P
facility
Painting and
decorating P
P
P
P
P
P
contractor
Personal services P
P
P
P
P
P
Picture framing P
P
P
P
Photo studio and P
P
P
P
processing
Print shop P
P
P
P
Self FViGe
stefiage
SE
SE
Self -storage facility
Shoe repair P
P
P
P
P
P
Studio, instructional P
P
P
P
P
P
Studio, P
P
P
P
P
P
professional
Tailor shop P
P
P
P
P
P
1
Travel agency P
P
P
P
P
P
Video game and
SE
SE
amusement parlor
Video rental and p
P
p
P
[]I
[l
CODING: Words in strike thre inF+ type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 15 of 16
sales
SECTION 5. 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 6. 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 7. Severability. Should any section, provision, paragraph, sentence,
clause of 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 stFike thmug# type are deletions from existing law;
Words in underlined type are additions.
Temp. Ord. No. 2368
October 25, 2017
Page 16 of 16
SECTION 8. Effective Date. This Ordinance shall become effective upon
adoption.
PASSED FIRST READING this V11day of �u , 2017.
/
ZI
PASSED, SECOND READING this 13 day of "-ei— , 2017.
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
A UEL S. GOREN
CCI ATTORNEY
11—
MAYOK •-- DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER _
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO ---'
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4 COMM. PLACKO
1
CODING: Words in strobe throug-h type are deletions from existing law;
Words in underlined type are additions.