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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].

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).

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.

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.

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.

(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.

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.

(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.

10-1.8. Transitional Provisions

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

(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.

(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.

(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.

(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.

(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.

 (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).

(C) Nonconforming Signs

(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

(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.

(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.

(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.

(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.

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