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.
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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
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day of f3JZ QA& %._ _ .2
PASSED SECOND READING this day ofj�
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PASSED THIRD READING this day of
1971.
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ATTEST:
CITY CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this Ordinance
CITY
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RECORD OF COUNCIL VOTE
Mayor Seltman
Vice Mayor Lange A,��
Councilman Johnson
Councilman Shultz
Councilman Zarcone ,