Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1971-021ORDINANCE NO.__ AN ORDINANCE AMENDING ORDINANCE NO. 1-64 OF THE CITY OF TAMARAC, FLORIDA, BY PRO- VIDING ADDITIONAL PROCEDURES TO BE FOLLOWED BY THE PLANNING AND ZONING BOARD; BY DELETING PROVISIONS RELATING TO THE BOARD OF ADJUSTMENT; BY PROVIDING FOR PROCEDURES TO BE FOLLOWED BY THE BOARD OF ADJUSTMENT INCLUDING REQUIREMENTS FOR APPLICATION FEES AND PUBLIC NOTICE OF HEAR- ING; BY PROVIDING AN EFFECTIVE DATE; BY PRO- VIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS, TO --WIT: SECTION 1: Section 5.03 of Ordinance No. 1-64 of the City of Tamarac is hereby amended by adding thereto the following language: "Chan es of zoning may also be initiated by any five or more owners of lots or parcels of land located within 350' of the lot or parcel to be re -zoned. Where a property owner seeks the re -zoning of his own land and of adjacent land, the application must be joined in by the owners of not less than 50% of the land contained in such application." SECTION 2: Section 5.04(b) of Ordinance No. 1-64 of the City of Tamarac shall be changed to read as follows: "Such applications shall be accompanied by a fee of $75.00, which shall not be refundable,' SECTION 3: Section 5.04(c) of Ordinance No. 1-64 of the City of Tamarac shall be deleted and the following sub -section substituted therefor: "Upon receipt of an application for rezoning, the City Clerk shall advertise the same for public hearing before the Planning and Zoning Board at the next regular meeting thereof oc- curring, not less than ten days nor more than forty days after receipt of said application. In the case of an application for rezoning the applicant shall reimburse the City for such ublication cost. Publication shall be by egal advertisement in a newspaper of general circulation within the City, such advertisement to appear not less than fifteen days in advance of the meeting at which the matter is to be heard. The Planning and Zoning Board shall act upon the application or recommendation within ten days of the date of the public hearing there- on, unless the Planning and Zoning Board shall, upon its own motion, extend the time for an ad- ditional period not to exceed. thirty days. Failure of the Planning and Zoning Board to act within such period shall be deemed a favorable recommendation of the application,.t1 SECTION 4: Section 5.04(d) of Ordinance No. 1-64 of the City of Tamarac shall be amended to be read, as follows: "Upon receipt of a recommendation of the Planning and Zoning Board, or upon its failure to act with- in the time allowed. above the City Clerk shall advertise the same for pudic hearing before the City Council at the next regular meeting thereof occurring, not less than ten days nor more than forty days after receipt of said recommendation. In the case of an application for rezoning the applicant shall reimburse the City for such ub- lication cost. Publication shall be by one Yegal advertisement in a newspaper of general circu- lation within the City, such advertisement to appear not less than fifteen days in advance of the meet- ing at which the matter is to be heard. The Council shall act upon the application or recommendation within ten days of the date of the public hearing thereon, unless the Council shall, upon its own motion, extend the time for an additional period not to exceed thirty days. Failure of the Council to act within such period shall be deemed a denial of the application. The Council, shall not consider applications on the same subject matter for a period of six months following the denial of an application." SECTION 5: That Ordinance No. 1-64 of the City of Tamarac be amended by adding thereto the following sub -section: "5.04(e) When any municipal zoning authority pro- poses a change in zoning classification of a single parcel or a group of not more than five hundred parcels of any property within its jurisdiction, it shall be the duty of said authority to give notice by mail to each property owner whose zoning classi- fication is proposed to be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes for the jurisdiction proposing the change and be post- marked no later than ten days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classi- fication, the proposed zoning classification, and, the time and place of any scheduled hearing concern- ing the proposed zoning change. Prior to the ef- fective date of any zoning classification change, the municipal zoning authority shall cause an af- fidavit to be filed with the city clerk certifying that said authority has complied with the provisions of this section. The filing of said affidavit shall be prima facie proof of compliance with the require- ments of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner. -2- SECTION 6: The following Sections of Ordinance No. 1-64 of the City of Tamarac relating to the Board of Adjustment are hereby repealed: SECTION 6.01 SECTION 6.02 SECTION 6.03 SECTION 6.04 SECTION 6.05 SECTION 7: The proceedings of the Board of Adjustment shall be governed entirely by the provisions of Sections 176.07 through 176.15 inclusive, FLORIDA STATUTES and the rules adopted by said Board pursuant thereto, but every application to the Board of Adjustment shall be accompanied by a fee of $50.00, which shall not be refundable. SECTION 8: The Board of Adjustment shall adopt rules pro- viding for publication of notice of hearing on applications for variances from zoning ordinances, which provisions shall be no less strict than Sections 176.05 and 176.051 relating to zoning classifications. SECTION 9: In all other respects the provisions of Ordinance No. 1-64 of the City of Tamarac as heretofore amended shall remain in full force and effect. SECTION 10: In the event any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall in no. manner affect the validity of the remainder of this Ordinance or any part thereof. SECTION 11: This Ordinance shall become effective immediately upon its final passage, as to any applications filed subsequent thereto. 1971. 1971. PASSED FIRST READING this %=MOO day of f3JZ QA& %._ _ .2 PASSED SECOND READING this day ofj� 99C L, PASSED THIRD READING this day of 1971. rw.�.$�. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance CITY �d -4- RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lange A,�� Councilman Johnson Councilman Shultz Councilman Zarcone ,