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We’re hard at work on our Land Development Code update and want to share our progress with you. Take a look at the first round of proposed changes and let us know what you think.

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DRAFT Article 1: General Provisions.

10-1.1. - 10.1.3 Title, Effective Date, Authority

10-1.1 Title

This document is Chapter 10 of the Tamarac City Code. It shall be officially known as the Land Development Code of the City of Tamarac, Florida, and is referred to throughout this document as "this Land Development Code" or "this Code" or the "LDC."

10-1.2. Effective Date

This Code shall be effective on [insert effective date].

This establishes the date on which the new Code goes into effect. A number of code provisions reference the "effective date" as established herein. The date will be filled in when the new Code is ready for adoption. Some communities have their codes become effective on adoption. Most establish a later effective date to allow time to finalize revisions to forms and administrative procedures that may be necessary to efficiently implement the new code.

10-1.3. Authority

This Code is enacted pursuant to authority granted by the Charter of the City of Tamarac and the laws of the State of Florida—including, but not limited to: Article VIII, Section 2(b) of the Florida Constitution; Chapter 166 of the Florida Statutes (Municipal Home Rules Powers Act); and § 166.3161 et seq. of the Florida Statutes (Community Planning Act).

This cites the City charter and State laws that authorize general municipal powers and municipal regulation of land development.

10 -1.4. Purpose

10-1.4. Purpose

The general purpose of this Code is to guide and manage the development of Tamarac in a way that takes into account present and future needs and resources while promoting the health, safety, prosperity, and general welfare of the City’s citizens and property owners. The Code is also intended to implement the goals, objectives, and policies of the City of Tamarac Comprehensive Plan. More specifically, this Code is intended to:

(A) Encourage the most appropriate use of land, water, and resources;

(B) Preserve and enhance present advantages and overcome present handicaps that exist in the City;

(C) Deal effectively with future problems that may result from the use and development of land;

(D) Facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services;

(E) Promote orderly growth and development;

(F) Conserve and protect natural and historic resources;

(G) Protect and enhance air quality and the quality of surface and ground waters, protect areas subject to flooding, and address flooding problems;

(H) Maintain and protect the character and stability of the community and its established neighborhoods;

(I) Encourage a variety of housing opportunities in varying price ranges;

(J) Encourage compact, mixed-use, pedestrian-oriented, and transit-oriented development;

(K) Establish an overall sense of place for the City and its activity centers;

(L) Promote quality development that reflects the highest standards of urban development and community aesthetics;

(M) Promote sustainable development and reduce greenhouse gas emissions by encouraging less auto-dependent development patterns, renewable energy use, energy conservation, water conservation, vegetation, urban agriculture, recycling and waste reduction, and hazard-resilient development; and

(N) Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of land development that recognize and respect the rights of landowners and consider the interests of the City’s citizens.

This new section identifies the overall purpose of the Code as promoting the public health, safety, and general welfare, and implementing the City’s Comprehensive Plan. The specific purposes listed are derived from the purposes expressly mentioned in the statute authorizing local regulation of land development (F.S § 163.3161) and the goals and objectives of the Comprehensive Plan. These purpose statements serve to guide administration of code provisions, decisions on development orders, and interpretation of code provisions.

10-1.5. Applicability and Jurisdiction

10-1.5. Applicability and Jurisdiction

(A) General Applicability

This Code shall apply to the development of all land located within the corporate boundaries of the City of Tamarac.

(B) Application to Governmental Agencies

To the extent allowed by law, this Code shall apply to development by the City, and any county, state, or federal government agencies, as well as development on land owned or otherwise controlled by such agencies. Where this Code does not legally control such development, such agencies are encouraged to meet the provisions of this Code.

This new section clarifies that the LDC applies throughout the City and to government agencies to the extent allowed by law.

10-1.6. Code Compliance and Plan Consistency Required

10-1.6. Code Compliance and Plan Consistency Required

(A) Code Compliance

(1) General

Except as otherwise provided in Subsection (2) below or as approved through an established process, no development shall occur without full compliance with the provisions of this Code and all other applicable City, county, state, and federal regulations.

(2) Emergency Exemption

Consistent with F.S. § 166.041(3)(b), the City Commission may, by resolution and without any otherwise required prior notice or public hearing, authorize City agencies or departments to deviate from the provisions of this Code during an emergency when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Code.

This new subsection includes a general requirement that development comply with the Code (implied by several current review criteria, but not expressly stated) as well as any other applicable laws. It also includes a provision recognizing that in emergency conditions (e.g., hurricane), it may be necessary and desirable to provide City agencies temporary relief from some LDC provisions to address the emergency in a prompt and effective manner.

(B) Plan Consistency

(1) Development Consistency

No development permit, proposal, or plan that is inconsistent with the adopted Comprehensive Plan may be issued by the City. Applications for development permits, proposals, or plans that are inconsistent with the adopted Comprehensive Plan will be rejected by the City.

(2) Code/Plan Consistency

To the extent this Code is or becomes inconsistent with the Comprehensive Plan, this Code or the Comprehensive Plan shall be amended so they remain consistent with one another. All amendments to this Code shall be consistent with the Comprehensive Plan.

The vast majority of current requirements for consistency with the Comprehensive Plan are among the concurrency regulations. This subsection carries forward the sole general requirement for Plan consistency in §10-133, which prohibits the issuance of development permits that are inconsistent with the Plan. It adds a provision directing that where the LDC itself is inconsistent with the Plan, either the LDC or the Plan must be amended to eliminate the inconsistency.

10-1.7. Relationship to Other Regulations

10-1.7. Relationship to Other Regulations

(A) Conflicts with Other Government Regulations

If provisions of this Code are inconsistent with one another, or with provisions of other adopted codes or ordinances of the City, or with provisions of applicable county, state, and federal laws, the more restrictive provision shall govern to the extent permitted by law unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

Current §24-809 provides that the City’s zoning regulations prevail over any other City regulations where there is a conflict. Current development regulations are generally silent about how conflicts between the City’s development regulations and regulations of other governments are resolved. Most communities provide that, in case of a conflict with other community regulatory provisions, or with the regulations of other government agencies, the more restrictive provision governs. We recommend that the new LDC adopt this approach.

(B) Conflicts with Private Agreements

Nothing in this Code is intended to supersede, annul, or interfere with any easement, covenant, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with this Code. The City shall not be responsible for enforcing private agreements.

This new subsection clarifies that, while public development regulations are within the realm of the City government responsibilities, private easements, covenants, and other agreements between private parties are not.

10-1.8. Transitional Provisions

10-1.8. Transitional Provisions

This new section clarifies the status of violations of the prior development regulations, nonconforming situations, recently approved (but not yet started or completed) developments, and pending development applications that exist at the time the new LDC becomes effective. We recommend that the City allow applications to be processed under prior rules if the application was accepted as complete before the LDC’s effective date, but also allow the applicant to have the application processed under the new regulations.

The following sections pertain to the relationship of this Code to the prior City development regulations replaced by this Code.

(A) Prior Violations

To the extent a development or activity in violation of the prior development regulations fully complies with this Code, it shall no longer be deemed a violation. Otherwise, it shall continue to be deemed a violation under this Code and subject to the provisions of § 10-5.5 Enforcement.

(B) Prior Nonconformities

To the extent a legal nonconformity under the prior regulations becomes conforming under this Code, it shall no longer be deemed nonconforming. Otherwise, it shall continue to be deemed a legal nonconformity and subject to the provisions of § 10-1.9 Nonconformities.

(C) Development Approvals

Any development approved under the prior regulations may be established or carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and otherwise remains valid, and the approved development complies with the standards of this Code regarding ongoing operations and maintenance activities (such as standards regulating the use of parking spaces or the maintenance of required landscape vegetation). If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.

(D) Pending Applications

A development application accepted as complete under the prior regulations, but still pending a final decision as of the effective date of this Code (see § 10-1.2 Effective Date), shall be reviewed and decided, at the applicant’s option as stated in writing, wholly under the development regulations in effect when the application was accepted, or wholly under this Code (but not under a mix of provisions from both sets of regulations).

10-1.9. Nonconformities

10-1.9. Nonconformities

Article VIII of the current zoning regulations (§24-656 et seq.) set out provisions addressing nonconforming uses. The same provisions are repeated in zoning regulations for the Woodlands Overlay District (§24-811) and in the neighborhood beautification regulations (§9-136(k) in Chapter 9 (Health, Sanitation and Nuisances). Current §11-10 addresses nonconforming landscaping and §18-26 addresses nonconforming signs. Current §24-580(e)(6) recognizes nonconforming single-family residential driveways. Current §24-665 (and comparable provisions in §24-811 and 9-136(k)) states that no nonconformity restrictions apply to nonconforming (p)lots and nonconforming structures (other than signs, presumably) and states that nonconforming structures may be extended or altered.
This Section largely carries forward the current provisions in §24-656 et seq. addressing nonconforming uses, incorporates current nonconforming sign provisions, and adds provisions addressing nonconforming structures, and site features (which incorporate current nonconforming landscaping provisions). Most modifications are intended to simplify wording to improve clarity and user understanding.

(A) General

(1) Purpose and Scope

(a) "Nonconformities" are lots, uses of land, structures, signs, exterior lighting, and other site features that lawfully existed before the effective date of this Code, or a subsequent amendment to this Code, but that do not conform to the standards and requirements of this Code or subsequent amendment.

(b) The purpose of this Section is to regulate nonconformities in a way that recognizes both the interests of property owners in continuing productive use and enjoyment of existing nonconforming development and the public interest in eventually eliminating development that does not conform to this Code. The provisions in this Section, therefore, generally allow nonconformities to continue to exist as is, but tie the reestablishment, reconstruction, expansion, or other substantial alteration of nonconformities, or development containing nonconformities, to reasonably practicable actions that make the nonconformities conforming or reduce the number or extent of nonconformities.

(2) Determination of Nonconformity Status

In all cases, the burden of establishing that a nonconformity lawfully exists shall rest solely on the owner of property containing the nonconformity, not the City.

(3) Violation of Law Not Allowed

Nothing in this Section shall be construed as allowing a lot, use, structure, or feature that is in violation of any law.

(B) Nonconforming Uses

(1) Continuation

A nonconforming use may continue to exist even though it does not conform to current applicable use standards of this Code, subject to the provisions in this Section.

Current §24-656, -657, and -658 with simplified wording and elimination of redundancies (e.g., references to specific dates)

(2) Expansion

Expansion of a use not allowed in the zoning district in which it is located shall not be permitted. However, a nonconforming use may be extended throughout any parts of a structure that were specifically designed and arranged for such use when it became nonconforming.

Current §24-663(a)-(c) with simplified wording.

(3) Change in Use

(a) Any change of a nonconforming use, except as incidental to a change of a nonconforming use allowed under Subsection (c) below, shall be to a conforming use.

(b) In any residential district, a nonconforming use may be changed only to a use permitted in the district.

(c) In a nonresidential district, a nonconforming use may be changed to a use permitted in the district, or approved with a Special Exception under § 10-5.4(G) Special Exception, to another nonconforming use that is permitted in a more restricted district—provided that the City Commission additionally finds that the new use will be less detrimental to the surrounding neighborhood than the old use and allowing it is in accordance with the spirit and purpose this Section.

(d) A change in the ownership or management of a nonconforming use shall not be construed as a change in use provided there is no change in the nature of the use itself.

Current §24-662 with simplified wording and reference to the defined Special Exception review procedure rather than reference to an undefined process for approval by a nonexistent board of adjustment.

(4) Abandonment of Use

If a nonconforming use of land ceases for more than 60 consecutive days, the nonconforming use may not be re-established except as permitted under § 10-5.4(C) Establishment of Use.

Current §24-659 (and the redundant §24-811(g)) with simplified wording and without references to specific dates (which may or may not be the date an ordinance change made the use nonconforming).

(5) Structures Used for a Nonconforming Use

(a) Except as otherwise provided in Subsection (b) below, no structure used for a nonconforming use may be enlarged, extended, reconstructed, or structurally altered unless the nonconforming use is changed to a use permitted by this Code.

(b) A structure used for a nonconforming use may be maintained, repaired, or improved provided:

(i) The maintenance, repairs, or improvements do not increase the cubic volume of the structure, the floor area devoted to the nonconforming use, or the number of dwelling units; and

(ii) The cumulative costs of maintenance, repairs, or improvements within any 12-month period do not exceed 25 percent of the current assessed value of the structure.

(c) If a structure containing a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of restoring the structure to its before-damaged condition would exceed 75 percent of the structure’s replacement cost, as determined by the Director, the structure shall not be repaired, reconstructed, or used except in full conformity with this Code.

(d) Nothing in this Section shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of structures used for a nonconforming use.

Incorporates that part of current §24-661 addressing the repair or reconstruction of conforming structures containing a nonconforming use, and adds a provision allowing the expansion, alteration, or relocation of the structure as long as the nonconforming use itself is not expanded, altered, or relocated. This represents a change from current §24-660, which prohibits the expansion or alteration of conforming structures used for a nonconforming use, irrespective of whether the nonconforming use is expanded or altered. We recommend this change to keep the restriction focused on the nonconformity.

 (6) Illegal Use Not a Nonconforming Use

The illegal establishment of use shall not be sufficient to allow the existence of a nonconforming use or to create any rights in the continuance of such a use as allowed by Subsection (1).

Current §24-666.

(C) Nonconforming Signs

Current §18-26 with simplified wording and minor reorganization.

(1) A nonconforming sign may continue to exist even though it does not conform to current applicable sign standards of this Code, subject to the provisions in this Section.

(2) A nonconforming sign may be maintained and repaired, but shall not be structurally or mechanically enlarged or extended in any manner that increases its nonconformity.

(3) If the copy or name of an enterprise or business advertised on a nonconforming sign is changed, the sign shall be brought into conformance with this Code before issuance of a local business license for the new business or enterprise, except that individual tenant panels in a nonconforming multiple tenant monument sign may be changed without bringing the sign into conformance with this Code.

(4) If a nonconforming sign is damaged to such an extent that the cost of restoring the sign to its before-damaged condition would be 50 percent or more of its value as identified on the building permit application used to construct the sign, the sign shall not be repaired or reconstructed except in full conformity with this Code.

 (D) Nonconforming Structures

New.

(1) Continuation

Where a legal structure exists on or before the effective date of this Code, that could not be built under the provisions of this Code by reason of restrictions on area, lot coverage, height, setbacks, or other characteristics of the structure or its location on the property, such structure may be continued so long as it remains otherwise lawful subject to the provisions of this Subsection (D).

(2) Alteration, Repairs or Replacement

(a) External Expansion

An expansion of a nonconforming structure may be allowed only if the expansion can be accomplished in compliance with all applicable regulations of this Code, including, but not limited to, setback, lot coverage, height, and site development standards. No expansion may increase the level of nonconformity.

(b) Movement of Nonconforming Structure

Should a nonconforming structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the zoning district(s) in which it is located after it is moved.

(c) Interior Remodeling and Alteration

Interior remodeling or alteration within a nonconforming structure is allowed, provided that such alteration does not create any nonconforming use or situations nor increase the intensity of the nonconformance per Subsection (a) above, and all applicable regulations of this Article and Code are met.

(d) Building Code

All modifications made to a nonconforming structure shall be made in accordance with the provisions of this Code and all other applicable codes and ordinances of the City.

(e) Nonconforming Accessory Structures

A nonconforming accessory structure shall not be converted into a primary use in any zoning district unless and until a variance is approved for the nonconforming structure.

(3) Damage or Destruction

(a) If a nonconforming structure is damaged or destroyed by any means to an extent greater than 50 percent of its replacement cost at the time of damage or destruction, as determined by the Director, then such structure shall not be reestablished unless it conforms to the requirements of this Code.

(b) Where a nonconforming structure is damaged by 50 percent or less of its replacement cost at the time of damage, as determined by the Director, it may be repaired or restored, provided any such repair or restoration is started within 180 days and is completed within 18 months from the date of partial destruction.

 (E) Nonconforming Site Features

(1) Applicability

(a) For purposes of this Section, the term "nonconforming site feature" includes any impervious area, off-street parking or loading area, landscaping, exterior trash enclosure, fence, wall, or hedge that lawfully existed before becoming noncompliant with City development regulations, as well as site features required by subsequently enacted City development regulations.

(b) A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this Code, subject to the provisions in this Section.

(c) No action shall be taken that increases the degree or extent of a nonconforming site feature unless the site feature is brought into conformance with this Code.

(2) Upgrading of Nonconforming Off-Street Parking and Loading

Nonconforming off-street parking facilities shall be upgraded to achieve full compliance with the off-street parking and loading standards of this Code, including any applicable lighting standards, in conjunction with the following development of the site containing the nonconformity:

(a) A separate structural addition or expansion of one or more structures that would increase the total gross floor area of the structures (as shown by building permit applications); or

(b) Any increase in the total square footage of the vehicular use area.

This new Subsection requires the upgrading of parking nonconformities to full compliance with applicable standards in conjunction with a substantial expansion or remodeling of an existing development.

(3) Upgrading of Nonconforming Landscaping

Nonconforming landscaping shall be upgraded to achieve full compliance with this Code’s landscaping standards if the site containing those nonconforming site features is proposed for any of the following developments:

(a) Any increase in the total square footage of the vehicular use area; or

(b) A structural addition that increases the combined total gross floor area of all existing structures by more than 500 square feet or 20 percent, whichever is less; or

(c) An expansion of outdoor operations, storage, or display areas.

Carries forward current §11-10 (Landscape requirements for existing uses).

(4) Compliance to the Maximum Extent Practicable

Where full compliance with the requirements of this Section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints, the applicant shall comply with the requirements of this Section to the maximum extent practicable, as determined by the Director.

Carries forward the flexibility provision in current §11-10(a)(6), applying it to all nonconforming site features.

10-1.10. Severability

(A) If any court of competent jurisdiction invalidates any provision of this Code, such judgment shall not affect the validity of any other provision of this Code.

(B) If any court of competent jurisdiction invalidates the application of any provision of this Code to a development, such judgment shall not affect the application of that provision to any other development not specifically included in the judgment.

(C) If any court of competent jurisdiction invalidates any condition attached to a development approval granted under this Code, such judgment shall not affect the validity of any other condition attached to the approval that is not specifically included in the judgment.

Carries forward and expands current §5-221.

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DRAFT Article 5: Administration.

10-5.1. Purpose and Organization

This Article describes the procedures for review of all applications for land use and development activity in Tamarac.

(A) § 10-5.2 Summary Table of Development Review Procedures, lists the land use and development procedures in this Code.

(B) § 10-5.3 Common Review Procedures, describes standard procedures that generally apply to most types of development applications.

(C) § 10-5.4 Application-Specific Review Procedures, supplements the common review procedures with additions and variations specific to each type of development application, such as review standards and special submittal or voting requirements.

(D) § 10-5.5 Enforcement, identifies what constitutes a violation of this Code and sets forth procedures for enforcement, including remedies and penalties.

(E) § 10-5.6 Review Authorities, describes the powers and duties, composition, and rules for each of the City boards or other entities that have advisory and/or decision-making roles and responsibilities under this Code.

10.5.2 Summary Table of Development Review Procedures

The following table lists the types of development applications authorized by this Code. For each type of application, the table indicates whether a pre-application staff conference or neighborhood meeting is required, what role City review authorities play in its review, when a public hearing is required, and what type of public hearing (standard or quasi-judicial) is involved.

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10-5.3 Common Review Procedures

10-5.3 Common Review Procedures consolidates the review steps common to the various application types. It includes the following steps:

  • Pre-Application Staff Conference
  • Pre-Application Neighborhood Meetings
  • Application Submittal, Acceptance, Revisions, and Withdrawal
  • Staff Review and Action
  • Scheduling and Notice of Public Hearings
  • Planning Board Review and Action
  • City Commission Review and Decision
  • Public Hearing Procedures
  • Post-Decision Actions and Limitations

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10-5.3. Common Review Procedures

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10-5.4. Application-Specific Review Procedures

(A) General

This Section sets forth supplemental procedures, standards, and related information for each development application reviewed under this Code, as listed in Table 10-5.2-1 Summary of Development Review Procedures. Each procedure is described by referencing the common review procedures in §10-5.3, Common Review Procedures, including any variations of or additions to the common procedures.

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10-5.5 Enforcement

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DRAFT Article 6: Rules of Construction and Definitions

Commentary
This article contains the defined terms used in the General Provisions, Administration, and Nonconformities chapters of the new LDR. This article also contains rules for word usage and interpretation.
This article contains both existing definitions carried forward, and new definitions. New definitions, unless otherwise noted, generally are based on our work in other jurisdictions and tailored for Tamarac. This chapter will continue to expand as other articles are fully developed. Cross-references will be updated when additional chapters are prepared and consolidated.

10-6.1. Rules of Construction

[reserved]

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10-6.2. Terms and Uses Defined

Administrative Adjustment

A development approval authorizing limited deviations from certain of this Code’s dimensional or development standards and that is reviewed and decided by the Director under § 10-5.4(P).

Administrative Appeal

An appeal of an administrative decision-maker’s interpretation or decision on certain applications and other matters, and that is reviewed and decided by the Planning Board under § 10-5.4(R).

Administrative Manual

A manual containing details on the mechanics of the development review process, information for potential applicants, and development review forms.

Aggrieved or Adversely Affected Party

Any person or local government that will suffer an adverse effect to an interest protected or furthered by this Code and the City’s decision on the application for a development permit or approval being considered, including interests related to: health and safety; law enforcement and fire protection service systems; densities or intensities of development; transportation facilities; health care facilities, equipment, or services; and environmental or natural resources. The alleged adverse impact may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer, or applicant for a development permit or approval.

From F.S. § 163.3215(2).

Amendment to Text of Development Code

A change to the text of this Code, reviewed and decided by the City Commission under §10-5.4(D).

Applicant

A person who submits a development application requesting a development permit or approval authorized by this Code.

Application Acceptance

The formal acceptance of a development application for review following determination that the application, as submitted, complies with all applicable submittal requirements, in accordance with § 10-5.3(D)(5).

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Broward County Land Use Plan

The future land use plan element for all of Broward County adopted by the Broward County Commission in conformance with the requirements of the Broward County Charter and the Community Planning Act.

Building Code

The Florida Building Code, as adopted and modified pursuant to Chapter 5 (Buildings and Building Regulations) of the Tamarac City Code.

Building Permit

An official document or certification that is issued by the Chief Building Official pursuant to the Building Code and authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure as being in compliance with Building Code standards.

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Certificate of Occupancy

A document issued by the Chief Building Official pursuant to the Building Code that allows the occupancy and use of building(s) and structure(s) and certifying that said building(s) and structure(s) and use(s) have been constructed and will be used in compliance with all applicable municipal codes.

Change in Use

The change in the principal use of a structure or land, or portion thereof, from one principal use to another principal use listed in the table of principal uses as a permitted use.

Chief Building Official

The Chief Building Official of the City of Tamarac, or a designee.

City

The City of Tamarac, Florida.

City Attorney

The City Attorney of the City of Tamarac, or a designee.

City Code

The Tamarac City Code.

City Commission

The elected legislative governing body of the City of Tamarac.

City Manager

The City Manager of the City of Tamarac, or a designee.

Community Development Director

The Community Development Director of the City of Tamarac, or a designee.

Comprehensive Plan

The Comprehensive Plan of the City of Tamarac, including the elements or portions thereof, as adopted and amended by ordinance of the City Commission pursuant to the Community Planning Act.

Comprehensive Plan Amendment

A change to the text of the Comprehensive Plan, or to its land use classifications of land, reviewed and decided by the City Commission under § 10-5.4(B).

Comprehensive Plan Amendment, Site-specific

A Comprehensive Plan Amendment that changes the Plan’s land use classification of a single or limited number of properties for small-scale development activities.

Comprehensive Plan Amendment, Small-scale

A Comprehensive Plan Amendment that changes the Plan’s land use classification of ten acres or fewer.

Conforming Use

Any lawful use of a building, structure, or parcel of land that complies with the provisions of this Code.

Consistent

As applied to the relationship between this code and the Comprehensive Plan, "consistent" means compatible with—i.e., not in conflict with— and furthers—i.e., takes action in the direction of realizing the Plan’s goals and policies.

County

Broward County, Florida.

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Developer

Any person, including a governmental agency, undertaking development.

Development

"Development" has the meaning given it in F.S. § 380.04.

Development Agreement

An agreement entered into between the City of Tamarac and a landowner in accordance with F.S. § 163.3220-3241 Florida Local Government Development Agreement.

Development Application

The completed form or forms and all accompanying plans, documents, exhibits, and fees required to be submitted, and submitted, as part of the review of a request for a development permit or approval.

Development Permit or Approval

Any permit or approval allowing development authorized under the Code.

Development Review Committee

See §10-5.6(A)(3).

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Easement

An interest in land granted by the property owner to another party (including the City, other government entities, utility providers, ort other persons) that entitles the holder to a specific usage of the land for specified purposes.

Flex/Reserve Units

Additional permitted dwelling units as defined by the Broward County Land Use Plan, as amended from time to time.

Improvement Permit

See § 10-5.4(I).

Improvements, Private

Development of land in private ownership for any use—including, but not limited to, the construction of a golf course, waterway, lake, rockpit, canal, filling, grading, dredging, building, and landscaping.

This current definition needs refinement in accordance with staff’s intentions.

Improvements, Public

Installations in the public right-of-way or easements, including but not limited to canals, bulkheads, curb cuts, driveways, aprons, street pavement, curb, gutters, sidewalks, public parking areas, alley pavement, water mains, sanitary sewers, storm drains, street name signs, landscaping, medians, median openings and sprinkling systems.

This current definition needs refinement in accordance with staff’s intentions.

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Land

The earth, water, and air, above, below, or on the surface, and including any improvements or structures customarily regarded as land.

Management

Anyone who conducts, directs the affairs of and carries on the business of food establishment, either for his own interest or that of an owner and includes those responsible for operation and supervision.

Maximum Extent Practicable

No feasible or practical alternative exists, as determined by the Director, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by the applicant. Economic considerations may be taken into account but shall not be the overriding factor determining "maximum extent practicable."

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Newsrack

Any self-service or coin-operated box, container, storage unit or other dispenser installed, used, or maintained for the display, sale, or distribution of newspapers or other news periodicals or advertising circulars.

Nonconforming Sign

A sign that was lawfully established before the effective date of this Code, or a subsequent amendment thereto, but does not conform to the signage standards applied by this Code, or the subsequent amendment.

Nonconforming Site Feature

Any driveway, off-street parking and loading, landscaping, buffer, screening, or exterior lighting that lawfully existed before adoption of this Code, or subsequent amendment thereto, but does not comply with the driveway, off-street parking and loading, landscaping, buffer, screening, or exterior lighting standards of this Code, or the subsequent amendment.

Nonconforming Use

A use of land, buildings, and/or structures that was lawfully established before the effective date of this Code, or a subsequent amendment thereto, but does not comply with the use standards applied by this Code, or the subsequent amendment.

Nonconformity

A nonconforming use, sign, or site feature.

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Party

The applicant, City, and any affected person who has requested to be heard at a hearing on an application.

Person

For the purposes of enforcing this Code in accordance with § 10-5.5 Enforcement, "person" includes any individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in § 10-5.5, for violating this Code shall include: an architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this Code; or an owner, any tenant or occupant, or any other person who has control over, or responsibility for, the use or development of the land on which the violation occurs.

For all other purposes, "person" means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

Plat

A map or delineated representation of a subdivision of land, including other information required by this Code; also, a map or delineated representation of existing and proposed development on a lot that is used to determine its overall impact on urban service delivery facilities and programs.

Plat Approval

See § 10-5.4(J).

Property Owner

Any person having a legal or equitable interest in real property.

Public Hearing, Quasi-judicial

A public hearing in which public officers of bodies are required to exercise discretion of a judicial nature as a basis for official action, including weighing evidence and drawing conclusions from facts.

Public Hearing, Standard

A public hearing that focuses on providing members of the public the opportunity to present information and comments related to certain types of application, with such information and comments available for consideration as subsequent recommendations and decisions are made.

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Quorum

The minimum number of board members that must be present at a meeting for the board to conduct official business or take official actions.

Redevelopment

The conversion, relocation, reconstruction, structural alteration, enlargement of any development where more than 25 percent of the gross floor area of the original structure will be removed, replaced or renovated.

Rezoning

A change in the zoning district classification applied to land by the Zoning Map, reviewed and decided by the City Commission under §10-5.4(E). (Also known as a Zoning Map Amendment.)

Rezoning, General

A rezoning that is not site-specific rezoning—i.e., one that has an impact on a relatively large number of properties or applicant, where the decision is contingent on and can be functionally viewed as the setting of policy rather than the application of policy.

Rezoning, Site-specific

A rezoning that has an impact on a single or limited number of properties or applicants, where the decision is contingent on a fact or facts arrived at from distinct alternatives considered at a public hearing on the application, and where the decision can be functionally viewed as policy application rather than policy setting.

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Sign

Any device, fixture, placard, or structure that uses color, form, graphic, illumination, symbol, or writing to advertise, announce, or identify a person or entity or to communicate information of any kind.

Sign, Abandoned

A sign that no longer correctly advertises or directs a person to a business, person, goods, product, activity or service.

Sign Area

The area of a sign shall include any lettering, copy, or illustrations and any background created so as to distinguish the sign or the message contained therein from the building or structure upon which the sign is located, provided that, the sign area of a free-standing sign shall include all elements of the sign structure, except any supporting columns, uprights, or braces.

Sign Permit

See § 10-5.4(L).

Site

Any lot or lots of record, or contiguous combination thereof, under the same ownership.

Site Plan

A plan (to scale) showing uses and structures proposed for a lot. .

Site Plan Approval

See § 10-5.4(H).

Special Exception

A use, designated as a Special Exception in the principal use tables, that may be appropriate in a particular zoning district, but because of its nature, extent, and external effects, requires special use-specific standards and special consideration of its location, design, and methods of operation before it is allowed in the district; also, an application for a development permit allowing such use that is reviewed and decided by the Planning Board under § 10-5.4(G).

Standard Hearing

A public hearing advertised to the public that focuses on providing members of the public the opportunity to present information and comments related to certain types of application, with such information and comments available for consideration as subsequent recommendations and decisions are made.

Staff

Employees of the City of Tamarac.

State

The State of Florida.

Stop Work Order

An order issued by a Code Inspector or other authorized City staff that directs the person responsible for a activity in violation of this Code to cease and desist such activity.

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Temporary Use/Structure Permit

A document authorizing the establishment, construction, or installation of a temporary use or structure designated as requiring such a permit in the use tables in Article 10-4: Use Regulations, reviewed and decided by the Director under §10-5.4(K).

Tree Removal License

A document authorizing the relocation or removal of trees subject to the Broward County Tree Preservation and Abuse Ordinance.

Use

The purpose for which land or a structure is arranged, designed, or intended, or for which land or a structure is or may be occupied or maintained.

Variance

A development permit authorizing a deviation from the standards of this Code where strict application of the standard creates a hardship due to circumstances particular to a lot, and that is reviewed and decided by the Planning Board under §10-5.4(Q).

Zoning Map

The Official Zoning Map on which the boundaries of the various zoning districts are drawn and that is an integral part of this code.

Please share any other comments you may have

Do you have any other comments or observations about the draft Code?

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