HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-019 Temp. Ord. No. 2416
October 15, 2019
Page 1 of 18
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2019 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA LIFTING ZONING IN PROGRESS BY
AMENDING CHAPTER 10 OF THE CITY OF TAMARAC CODE OF
ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE" BY
AMENDING ARTICLE 3, ENTITLED "USE REGULATIONS" BY
SPECIFICALLY AMENDING SECTION 10-3.2(H), TABLE 10-3.1
ENTITLED "ALLOWED USES", TO PROHIBIT THRIFT
CONSIGNMENT AND USED MERCHANDISE USES IN THE MU-C
ZONING DISTRICT AND DESIGNATE THRIFT CONSIGNMENT
AND USED MERCHANDISE USE AS A SPECIAL EXCEPTION USE
SUBJECT TO INDIVIDUALIZED REVIEW IN THE MU-G 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, while establishments which sell used merchandise can prevent more
goods from going to landfills, extend the life of products still in working condition and offer
hard to find, one-of-kind merchandise to consumers; they also encourage illegal dumping
and deteriorate the exterior appearance of shopping areas; and
WHEREAS, the appearance and locations of uses classified as thrift, consignment
or used merchandise, if not properly sited, can be detrimental to the City and can impact
the immediate preservation of the public peace, health and safety; and
WHEREAS, the City's Mixed Used Districts, and specifically the Mixed-Use
Corridor (MU-C) zoning designation is intended to encourage the development of mixed-
use activity centers along the City's primary transportation corridors and gateways; and
WHEREAS, the district is distinguished from the other Mixed-Use Districts, as it's
designed to accommodate a mix of retail, office, and service, institutional, cultural/public,
and entertainment developments that meet local and regional needs and are sensitively
Temp. Ord. No. 2416
October 15, 2019
Page 2 of 18
designed to reflect a positive image of the City; and
WHEREAS, land uses such as thrift, consignment and used merchandise may
currently be established in the MU-C and MU-G zoning districts with only a simple
business license; and
WHEREAS, these types of potentially incompatible uses, if allowed to locate or
proliferate, can seriously erode the quality and vitality of our Mixed-Used Districts and
negatively impact revitalization efforts; and
WHEREAS, in order to study the compatibility of these uses on the Mixed-Use
Corridors in the City, on June 6, 2019, the City Manager issued an Administrative Order
pursuant to Chapter 10, Section 10-5.4(U) of the City of Tamarac Code of Ordinances,
declaring Zoning in Progress and instituting a 180- day moratorium on the submission
and acceptance of applications for administrative review, land development permits, and
building permits for the use of land for new Thrift Consignment and Used Merchandise
uses in the City of Tamarac; and
WHEREAS, on June 26, 2019, the City Commission adopted Resolution 2019-95,
ratifying the City Manager's actions, declaring "Zoning in Progress" and affirming the
moratorium on new Thrift Consignment and Used Merchandise uses, effective June 6,
2019 and expiring December 3, 2019 a copy of which is attached hereto as Exhibit "A",
and incorporated herein by reference; and
WHEREAS, the City of Tamarac (the "City") seeks to lift the Zoning in Progress by
amending the Land Development Code to prohibit Thrift Consignment and Used
Merchandise uses in the MU-C (Mixed Use Corridor) Zoning District and designate Thrift,
Consignment and Used Merchandise uses as a Special Exception use subject to
Temp. Ord. No. 2416
October 15, 2019
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individualized review in the MU-G Zoning District; and
WHEREAS, Policy 10.8 of the Future Land Use Element of the City's
Comprehensive Plan requires 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 the existing or future built environment; and
WHEREAS, staff have studied these potential negative impacts and have
determined that the continued implementation of existing regulations do not adequately
protect the health, safety, welfare or aesthetics of existing or future built environment; and
WHEREAS, the City Commission recognizes the probability of detriment to the
character of the City's Mixed-Use Corridors and seeks to address the inadequacy of the
existing land development regulations; and
WHEREAS, the City Commission finds that amending the Code to prohibit Thrift,
Consignment and Used Merchandise uses in the MU-C zoning district and designating
Thrift. Consignment and Used Merchandise uses as a Special Exception in the MU-G
Zoning District is consistent with the goals, objectives and policies of the Comprehensive
Plan of the City of Tamarac, as it corrects the distribution of incompatible land uses.
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 10, Article III, Section 10-3.2(H), Table 10-3.1 entitled
"Allowed Uses", of the City of Tamarac Code of Ordinances is hereby amended as
follows:
Temp. Ord. No. 2416
October 15, 2019
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Section 10-3.2 (H), Table of Allowed Uses.
Table 10-3.1:Allowed Uses
= permitted SE=Special Exception Blank cell=Prohibited
T=Temporary
Mixed-Use and Special
Residential
Nonresidential Purpose
Use Category Use Type Use Stds
RR RR R M fM M
R NBI I PRS
U U U
E 1 2 3 C P 1 2 ECU
N C G
Household Living Dwelling, P PPP P 10-
live/work 3.3(B)(4)
Dwelling,
manufactured P P P 10
3.3(B)(5)
home
Dwelling, multi- 10-
PPPP
family 3.3(B)(5)(h)
Dwelling, single
P P ' P P
family
Dwelling,two- P P ' 10-
) family "
3.3(B)(7)
Assisted living
facility, nursing
Group Living home, P P '° P P P ; P
convalescent
facility
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October 15, 2019
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111 I s Community
residential home, P P P P 10-
? 3.3(B)(1)
Type l
Community
10-
residential home, P
3.3(B)(2)
Type II
; . .
Continuing care 10
retirement P P
community 3.3(B)(3)
Club or lodge,
private PPPP P P
10-
'Country club SE
3.3(C)(7)
IHall for hire ,SE SE SE
Library, art I 10
Community and
gallery,or PPPP P P
Cultural Facilities 3.3(C)(9)
museum
Municipal 10-
P P P P , PP ' P P P P P P P P
=facilities 3.3(C)(10)
Religious 10-
assembly P P P P : P 3.3(C)(3)
y 1
Stadium or arena ISE SE SE
I
i
Adult day care 10-
center P P P P P ' 3.3(C)(1)
Day Care Facilities j I
10-
` Child care facility I SE SE SE SE SE
3.3(C)(4)
Temp. Ord. No. 2416
October 15, 2019
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,.., .. 4 ` r
Business,trade, 10
or vocational P P P i
! 3.3(C)(8)
schools, Heavy i
Business,trade, 10-
or vocational ' P P P P
schools, Light 3.3(C)(8)
Educational College or 10-
SE SE
Facilities university 3.3(C)(8)
10-
Parochial school, 3.3(C)(3);
SE SE .SE SE SE SE
incidental s 10-
1 3.3(C)(8)
1
School SE SE SE SE SE P SE ` 10-
3.3(C)(8)
,
Clinic, medical, , 10
urgent care, or PPPPPP i
dental ! . 3.3(C)(5)
Health Care '
Detoxification
Facilities P
facility
Hospital, public or
P
private ,
m
Botanical garden -
Golf course - - P
Parks and Open =
Community 10-
Space P P P A A : A A A A
garden 3.3(C)(6)
,
Park and
P - P - P P . P P P
playground
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October 15, 2019
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Agriculture,
general
Animal boarding 10-
SE P P
kennel 3.3(D)(3)
Agriculture and �_
Animal-Related 10-
Pet care daily PP P P P
Services 3.3(D)(13)
Stable
Veterinary
office/clinic PPPPP
Bar, lounge,or
SE SE SE SE A
tavern
Bottle club ! I 1 I
j
10-
Brewery PP P P P 3.3(D)(5)
10-
Nightclub SE SE A
3.3(D)(10)
1
10-
Food and Restaurant PPPPP A
3.3(D)(14)
Beverage Services
I '
Restaurant with 10-
microbrewery P P 3.3(D)(14)
Restaurant,fast
`casual (with or 10-
SE 'SE.SE SE
w/o drive 3.3(D)(14)
through)
s
Restaurant,fast 10
food (with or w/o SE SE SE
drive-through) 3.3(D)(14)
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October 15, 2019
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Cemetery or
P .
mausoleum
Funeral and
Internment -
Crematorium P
Services 1
Funeral home P P P P
Bed and breakfast P P P
Lodging
10-
Hotel P P SE 3.3(D)(8)
Bank/financial 10-
PPPPP
institution 3.3(D)(4)
( � 1
Office,
Offices, Business, 10-
professional and P P A P P P P P
& Prof. Services 3.3(D)(11)
business
Telephone call
center
Coin laundry and a
dry cleaning(no
P P P P
chemical
processing g onsite)
10-
Day spa P = PPP 3.3(D)(7)
Dry cleaning
Personal Services
(chemical P P
processing onsite)
Massage 10
g SE SE
establishment 3.3(D)(9)
Stylist/salon PPPPPI
1 Tailor/shoe repair P P P P P
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October 15, 2019
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Tattoo or body
piercing P
establishment
7
Adult e 10-
entertainment SE 3.3(D)(1)
Amusement 10-
arcade 3.3(D)(2)
Fitness and
recreational P PPP A
sports center
3 ,
Indoor recreation,
Recreation and
general P ; P ' P
Entertainment
commercial
Movie theater,
indoor SE, P
Outdoor
recreation,
general P P
commercial
Shooting range SE;
Bulk pool 10-
chemical sales P P : 3.3(D)(6)
Equipment sales
P P
and repair, heavy
Retail Sales
Farmer's market,
outdoor P P P P T
i. �.
Medical
Marijuana
Dispensary
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October 15, 2019
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Nursery
Pawn shop
Personal and
household goods P P P P P 10
3.3(D)(12)
repair
Print shop P P P P
5
x
Retail sales, 10
general:< 10,000 P P P P P P A A
3.3(D)(15)
sq.ft.
Retail sales,
10-
general: >_10,000 P P P P
3.3(D)(15)
sq.ft.
Thrift,
consignment, and A R A
used merchandise
SE
Boat and marine
sales
Vehicle fuel sales SE 10
3.3(D)(16)
10-
Vehicle rental SE; P P
Vehicles and 3.3(D)(17)
Equipment
_ __
Vehicle sales, new SE P P
Vehicle sales, 1 10-
SE SE SE
used 3.3(D)(19)
Vehicle service a 10-
A P P
and repair, major 3.3(D)(18)
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October 15, 2019
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Vehicle service 10
and repair, minor SE A P P 3.3(D)(18)
Broadcast studio SE P . P P
Communication
P P
Communications facility
Motion picture
studio SE P
Building material
sales, indoor P P
retail
Building material
sales, outdoor or P P
Industrial Services wholesale
Industrial service, P P
general
Laboratory,
P .
research
7
Assembly, light P P P
Food processing P P
Manufacturing,
P . P P P
Mfg. and ;artisan
Production
Manufacturing,
heavy
Manufacturing, PJPP
light ]f
Temp. Ord. No. 2416
October 15, 2019
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Utility facility, SE SE P P
major
Utility facility,
P P ' P . P P P . P PP P P P PP
Utilities minor
I 1
Wind energy
10-
i conversion SE SE SE SE SE SE SE SE SE SE SE SE SE.SE
3.3(E)(4)
system
Contractor's
storage yard and P P
supply
Distribution
center
Food and other
products, P , P P
wholesale
Parcel delivery
Warehouse, i P P
service
Wholesale, and
Freight
Personal hobby
Movement P
activity
Self-storage, 3 10-
=RP P A P
indoor 3.3(E)(3)
Self-storage,
outdoor
Storage buildings P P P
Wholesale
P P P
establishment
Auto towing SE
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October 15, 2019
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Waste and
Auto wrecking 10-
Salvage (See and salvage yard SE 3.3(E)(1)
Broward County's
M-3 Intense
Manufacturing
and Industrial
10-
District for Recycling facilities SE 3.3(E)(2)
additional uses
permitted under
SE in 1-2.)
Alternative tower
10-
structure in right- PPPP P P PPP P P P P P
I 3.3(E)(4)
of-way
Alternative tower
10-
structure not in SE SE SE SE SE SE SE SE SE'SE SE.SE SE'SE
3.3(E)(4)
right-of-way
Base station in 10-
P P P PP - P ; P PP ' P PP P P
right-of-way 3.3(E)(4)
Wireless
I communication i
Base station not 10-
a facilities SE SE.SE'SE;SE SE;SE 'SE SE SE SE'SE SE-SE
{ in right-of-way 3.3(E)(4)
Eligible facilities . 10-
P PPP P P ' P P P PP P PP
request 3.3(E)(4)
10-
Small cell facility PPPPP P P P P P P P P PI
3.3(E)(4)
10-
Tower SE SE SE SEISE SE SE SE SE SE SE SE SE SE
3.3(E)(4)
Accessory I 10-
1 dwelling unit A A A A . 3.4(D)(1)
{
I
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October 15, 2019
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101
Assembly hall A A A A A AA ,
I `
3.3(C)(3)
10-
Bingo game = A ' A A
3.4(D)(2)
Building-mounted
or rooftop AAAAAAAAA A
antenna
-
Car wash and
1 10-
auto detailing, A A
Automatic 3.4(D)(3)
Car wash and
auto detailing,
A A 10-
3.4(D)(3)
Non-automatic
Dormitory or .
A A . A
residence hall
i .
Drive-through 10-
A A A
service facility 3.4(D)(4)
Dwelling, 10-
caretaker A A ' A A A A A 3.4(D)(5)
(
Garage or carportA AlA ` AwA . A A1A A ' A A : A AAA ,
10-
Home occupation A A A A A A . A A
3.4(D)(5)
E i
Outdoor courts,
fields, 10-
A A A AAAA A A A
playgrounds and 3.4(D)(8)
pools
1 Outdoor seating, 10-
A A A A A = A
commercial 3.4(D)(8)
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October 15, 2019
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Outdoor storage
non-sales, ; A A A A 10-
accessory 3.4(D)(10)
Outdoor vehicle 1
10-
storage, A AAA A A A
accessory 3.4(D)(11)
10-
Satellite dish AAAAAAAAAAAAAA
3.4(D)(12)
Small wind
10-
energysystem, A A A A A A A A A A A A A A
accessory 3.4(D)(13)
Solar energy
10-
collection system, A A A A A A A A A A A A A A 3.4(D)(14)
accessory use
10-
Utility shed A A A A A A A A A 3.4(D)(16)
Other accessory
uses that comply
AAAAA AAAAAAAAA
with Code
standards
Construction
10-
related structure T T T T T T T T T T T T T T
or facility 3.5(G)(2)
1 10-
Food truck T T T T T T T T
3.5(G)(3)
Garage or yard 10-
T T T T
sale 3.5(E)(2)
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October 15, 2019
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Mobile
10-
classroom, T T ' T . T T T T
3.5(G)(4)
temporary
10-
Model home T T T T T T T
3.5(G)(5)
Office
space/equipment
T ' T , T T T T
storage,
temporary
f f
Outdoor sales, 10-
T T T T
seasonal 3.5(E)(3)
Portable storage 10-
3 T T T T T T , T : T T T T T TT ,
unit,temporary ' 3.5(G)(6)
Real estate sales
T ` T . T . T T , T T
office
Special event T TT T T T T T T " T T T ' T T 10-
3.5(E)(4)
*****************************************
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, 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.
Temp. Ord. No. 2416
October 15, 2019
Page 17 of 18
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 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.
SECTION 6. Effective Date. This Ordinance shall become effective upon adoption.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Temp. Ord. No. 2416
October 15, 2019
``���� Page 18 of 18
PASSED, FIRST READING this d2 3 day of /9�%t�41--. , 2019.
PASSED, SECOND READING this / 3 day of , 2019. 111
•
z
MICHELLE J. GOMEZ, MAYOR
ATTEST:
LILLIAN PABON, CMC
INTERIM CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading
MAYOR GOMEZ 4')
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4 V/M PLACKO
111
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR GOMEZ G�
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN 7L _
DIST 4 V/M PLACKO I
ev\41 ) 11°C 14G4-
SAMUEL S. GOREN
CITY ATTORNEY
TAMARAC
The City For Your Life
CITY OF TAMARAC, FLORIDA
ADMINISTRATIVE ORDER
ORDER DECLARING ZONING IN PROGRESS AND INSTITUTING A 180 DAY
MORATORIUM ON THE SUBMISSION, PROCESSING, APPROVAL OR ISSUANCE OF
ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS OR
PERMITS FOR ANY USE CLASSIFIED AS THRIFT, CONSIGNMENT, AND USED
MERCHANDISE IN THE CITY OF TAMARAC.
BACKGROUND
While establishments which sell used merchandise can prevent more goods from going to landfills,extend
the life of products still in working condition and offer hard to find, one-of-kind merchandise to
consumers; they also encourage illegal dumping and deteriorate the exterior appearance of shopping
areas.The appearance and locations of uses classified as thrift, consignment or used merchandise, if not
properly sited, can be detrimental to the City and can impact the immediate preservation of the public
peace, health and safety.
The City's Mixed Used Districts, and specifically the Mixed-Use Corridor (MU-C) zoning designation is
intended to encourage the development of mixed-use activity centers along the City's primary
transportation corridors and gateways.The district is distinguished from the other Mixed-Use Districts,as
it's designed to accommodate a mix of retail, office, and service, institutional, cultural/public, and
entertainment developments that meet local and regional needs and are sensitively designed to reflect a
positive image of the City. Land uses such as thrift,consignment and used merchandise may currently be
established in the MU-C and MU-G zoning districts with only a simple business license. These types of
potentially incompatible uses, if allowed to locate or proliferate, can seriously erode the quality and
vitality of our Mixed-Used Districts and negatively impact revitalization efforts.
The City's adopted Comprehensive Plan, Future Land Use Element, Objective 1 requires the City to
administer and adopt appropriate land development code revisions, amending them as needed to
respond to changing conditions.
Staff finds that the immediate preservation of the public peace, health and safety is necessary,to prevent
the construction or placement of land uses that would undermine the revitalization efforts in our Mixed-
Use Districts and impact the implementation and development of the Economic Development Strategic
Plan Element of the City's Comprehensive Plan. It is therefore necessary and in the public's best interest
Page 1 of 2
to invoke Zoning in progress and institute an immediate moratorium to study the positive and negative
impacts of unrestricted thrift, consignment and used merchandise uses in the Mixed-Use Districts, to
prevent irreversible incompatible development from occurring, pending the adoption of an amendment
to the Code.
ORDER
Pursuant to Chapter 10, Section 10-5.4(U) of the Code of Ordinances of the City of Tamarac, Florida,the
City Manager hereby issues an Administrative Order declaring "Zoning in Progress" on the submission,
processing, approval or issuance of any new licenses, business tax receipts, development orders or
permits for any use that involves thrift, consignment or used merchandise within the City's municipal
boundaries. Furthermore, the City Manager declares "Zoning in Progress" for a period of one hundred
and eighty(180)days from the date of this Administrative Order to allow Staff to study the provision and
location of these uses to ensure the compatibility, vitality and the character of the Mixed-Used Zoning
District is maintained; providing that the Administrative Order shall be complied with by all city personnel
and shall be effective immediately upon execution, subject to affirmation by resolution of the City
Commission, unless reversed, modified or superseded by resolution passed by the City Commission.
In accordance with Section 10-5.4(U) of the City of Tamarac Code of Ordinances, this matter shall be
placed on the next available City Commission agenda of June 26, 2019, for review and adoption of a
Resolution confirming this Administrative Order.
Effective date:June 6,2019
Expiration date: December 3,2019
Contact: Frank Zickar,Assistant Director
Community Development Department
Planning and Zoning Division
(954)597-3530
Approv
Michael Cernech, City Manager
City of Tamarac, Florida
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