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Home My WebLink AboutCity of Tamarac Ordinance O-1971-033e [J 1 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 1-64 OF THE CITY OF TAMARAC BY ABOLISHING THE PLANNING AND ZONING BOARD AND ESTABLISHING A ZONING COMMISSION IN LIEU THEREOF; PRE- SCRIBING THE POWERS AND DUTIES OF SUCH COM- MISSION; AMENDING ORDINANCE NO. 71-22 AND ORDINANCE NO. 71-23 OF THE CITY OF TAMARAC BY SUBSTITUTING THE ZONING COMMISSION FOR THE PLANNING AND ZONING BOARD; AMENDING ORDINANCE NO. 71-30 OF THE CITY OF TAMARAC BY ELIMINATING THE POWER OF THE PLANNING AND ZONING BOARD TO GRANT EXCEPTIONS THERE- TO AND BY DIRECTING THE CITY PLANNING CON- SULTANTS AND THE ZONING COMMISSION TO MAKE THE STUDIES AND TAKE THE ACTIONS CALLED FOR BE SECTION 3 THEREOF; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND, RE- PEALING ALL ORDINANCES IN CONFLICT. WHEREAS, Section 125 of the City Charter of the City of Tamarac directs that the zoning in the City shall be in accordance with the provisions of Chapter 176 FLORIDA STATUTES, and WHEREAS, the City Council has heretofore abolished the Planning and Zoning Board. and desires to create a Zoning Com- mission pursuant to Chapter 176 FLORIDA STATUTES and to grant to such Commission the powers and duties of a Planning Com- mission as prescribed by Part II of Chapter 163 FLORIDA STATUTES, 1969, provided that no power or duty shall be granted which is prohibited by or inconsistent with the provisions of Chapter 176 FLORIDA STATUTES, and. WHEREAS, it is the desire of the City Council to invest in the Zoning Commission all powers and duties previously vested by the Ordinances of the City in the Planning and Zoning Board, except as otherwise set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC2 FLORIDA: f SECTION 1: That the Planning and Zoning Board, heretofore created by Ordinance No. 1-64 of the City of Tamarac., as amended, be and the same is hereby abolished. SECTION 2: That there is hereby created a Zoning Com- mission consisting of five (5) members each of whom shall serve for a term of Two (2) years, except that three (3) of the first five (5) members of such Commission shall be appointed for a ter. of one (1) year so that the terms of the members may be staggered. SECTION 3: Notwithstanding anything in this Ordinance to the contrary., any member of the Commission may be removed in the manner prescribed by Section 163.180 (2)., FLORIDA STATUTES or by four -fifths (4/5's) vote of the City Council if no writ- ten notice or public hearing is granted to the member. SECTION 4: That the Zoning Commission hereby created shall have all of the powers and duties heretofore granted to the Planning and Zoning Board by Ordinance No. 1-64 of the City of Tamarac as amended and wherever in such Ordinance or Amendment the words "Planning and Zoning Board" or "Board" are used? they are amended to read "Zoning Commission" or "Commission". SECTION 5: That Ordinance No. 71-22 of the City of Tamarac adopting Platting Regulations is hereby amended by deleting therefrom all references to "Planning and Zoning Board" or "Board" and by substituting therefor "Zoning Com- mission" or "Commission". SECTION 6: That Ordinance No. 71-23 of the City of Tamarac adopting Subdivision Improvement Regulations is hereby amended by deleting therefrom all references to "Planning and Zoning Board" or"Board" and by substituting therefor "Zoning Commission" or "Commission". SECTION 7: That Ordinance No. 71-30 of the City of -2- Tamarac establishing a building permit moratorium is hereby amended by deleting from Section 2 thereof all reference to the "Planning and Zoning Board" or "Board" and by deleting from Section 3 thereof the reference to the "Planning and Zoning Board"„ As to Section 3 thereof the words "Planning Consultants and Zoning Commission" shall be substituted for the words "Planning and Zoning Board". SECTION 8: That the Zoning Commission hereby created shall have in addition to the powers prescribed above all powers and duties of a Planning Commission as provided by Part II of Chapter 163 FLORIDA STATUTES' 1969, provided that nothing herein shall grant to the Zoning Commission any power or duty which is inconsistent with or prohibited by the pro- visions of Chapter 176 FLORIDA STATUTES with respect to Zoning Commissions. SECTION 9: Nothing herein shall be construed to affect the powers and. duties conferred upon the Board of Adjustment by Chapter 176 FLORIDA STATUTES. SECTION 10: This Ordinance shall become effective im- mediately upon its final passage. SECTION 11: Should any section or provision of this Ordinance. or any portion thereof2 or any paragraphs sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof= other than the part declared to be invalid. SECTION 12: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 1971.. PASSED FIRST READING this ra' day of -3- tC--inQG:FZ 2 PASSED SECOND READING this IP—�day of l� , y I-- _-(, 19'LL. PASSED THIRD READING this '�' day of ATTEST: CITY CLERK I HERERY CERTIFY that I have approvtd the f rm and correctness Of t�ls Ordinance !ice MAYOR RECORD Or= COUNCIL VOTE Mayor Seitman - Vlce Mayor Lame s��--.---- councilman Johnson �---- CouncIIm0A Schultz - Couricoman Y*+ne SECTION 1: That the Planning and Zoning Board heretofore created by Ordinance No, 1-64 of the City of Tamarac) as amended be and the same is hereby abolished. SECTION 2: That there is hereby created a Zoning Com- mission consisting of five (5) members each of whom shall serve for a term of Two (2) years2 except that three (3) of the first five (5) members of such CotTlnlission shall be appointed for a teriu of one (1) year so that the terms of the members may be staggered. SECTION 3• Notwithstanding anything in this Ordinance to the contrary, any member of the Commission may be removed in the rnanner prescribed by Section 163.180 (2), FLORIDA STATUTES or by four -fifths (4/5's) vote of the City Council if no writ- ten notice or public hearing is granted to the member. SECTION 4: That the Zoning Commission hereby created shall have all of the powers and duties heretofore granted to the planning and Zoning Board by Ordinance No. 1--64 of the City of Tamarac as amended and wherever in such Ordinance or Amendment the words "Planning and Zoning Board" or "Board" are useda they are amended to read "Zoning Commission" or "C ornuli s s ion" a hat Ordinance No. 71--22 of the City of S�;CTIUN 5: T Tamarac adopting Platting Regulations is hereby amended by deleting therefroun.all references to "Planning and Zoning Board" or "Board" and by substituting therefor "Zoning Com- mission" or "C0,11111ission SECTION 6 : That Ura.inaiic:t: 1-j a - Tamarac adopting Subdivision Improvement Regulations is hereby amended by deleting therefrom all references to "Planning and Zoning Board" or"Board" and by substituting therefor "Zoning Commission" or "Commission". SECTION 7: That Ordinance No. 71-30 of the City of IM A Takla �-ac estal)l:i_shing a building permit moratorium :Ls hereby clkIc'n,Jccd by deleting from Section 2 thereof all reference to t.11e "Planning an(1 Zoning Board" or "Board" and by deleting 1. r.oi,i Section 3 thereof the ref erencc to the "Planning and Zoiling Board", As to Section 3 thereof the words "Planning ;r)rlsr.rl.tzcnts and Zoning Con+u1ission" shall be substituted for the wu r,cis "Pl.anninc, an(.I Zoning Board SI-'CTION 8: 'That the Zoning C0111nlissi.on hereby created shall have in addition to the powers prescribed above all powel-s and duties of a Pl.annirrg Commission as provided by P>irt 11 of Chapter 163 FLORIDA STATUTES- 19692 provided that r7otll ing hereixi shall grant to the Zoning Corni�ri ssi.nn any power or clt3ty, which is inconsistent with or prohibited by the pro- i icries ul c.r, I76 f1.,0111DA STATUTES with respect to %on.i.rl;_, Coin'niss.i_o»s. SECTION 9: Nothing herein shall be construed to affect the pOWers and duties conferred upon the Board of Adjustment by Chapter_ 176 FLORIDA STATUTES. SECTION 10: This Ordinance shall become effective im-- iiedi_ately upon its final passage. ;,I,t;'I'I.ON I I `horrl.cl <rr�y 5ect:i_on or provi.si.on of this (ri-,I i 11,111c.(or allyI)or.(.:i.orl Llrereol'� Or any paragraph; sentence o.r worse bc: declared by a court of competent ju.ris(liction to 1)E: i_nval._r.cl, su.c.h decision shall not affect the validity of the: rewain(ler hereof as a whole or any part hereof., other t1-lan the part declared to be invalid. SECTION 1.2: All. Ordinances or parts of Ordinances in coil f -i- .ct herewith be and the same are hereby repealed- 1 )71-. . "� day tJ o, G i"L C3 � R PASSED FIRST READING this y o f -3- e 9 A , a F� X I y C) PASSED SI`.C,0ND READING this -4L- ( a 0 V1 14"S'll cl.ay of XFADING Lhis— 6 -----L , " - -- --,E— 2 CITY CLERK I HERE RY CERTIFY that I have apwovel the f m and correctness of thls ()rc.fljv.iiice MAYOR. RECORD OF COUNCIL vCTE IL42 Mayor seliman Vice Mayor La%f' , Councilman Johnson CouncllMl3n 'Sch4ltz wuncl man Urt;W8