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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1975-025M 'this Ordinance Introduced By: CITY OF TAMARAC, FLORIDA ORDINANCE NO. �c+Z AN ORDINANCE AMENDING ORDINANCE NO. 74-34, SECTION 6, OF THE CITY OF TAMARAC, FLORIDA, BY PROVIDING FOR NOTICE TO PROPERTY OWNERS WITuIN THREE HUNDRED FEET; EXCEPT IN APPEALS INVOLVING COMMERCIAL OR INDUSTRIAL PROPERTY; PROVIDING FOR PAYMENT OF FEES; PROVIDING FOR SUBMISSION OF A CERTIFIED LIST; PROVIDING A SAVINGS CLAUSE;REPEALING LAWS IN CONFLICT; MAKING REFERENCE TO TAMARAC CITY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida, has determined that it would be in the best interests of the Municipality to revise the Notice and Fee Schedule applicable to applications for variances, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Section 6 of Ordinance No. 74-34 of the City of Tamarac, Florida, the same being Section 28-17 of Chapter 28 of the Tamarac City Code, is hereby amended as follows: (a) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, at which time any party may appear in person by agent or by attorney. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. Seven (7) days from the date of this notice of the time and place of such hearing, additional notice shall be published in a newspaper of general circulation in the City. Notice of the hearing shall be posted on the property in question and all property owners within a three hundred foot (300') radius of the boundaries of the subject property shall be notified by certified mail at least fifteen (15) days in advance of the hearing; provided, that when the applicant is the owner of the land not included in the application, and the land not included as a part of or adjoins a parcel for which the variance is requested, the three hundred foot (300') requirement shall be measured from the boundaries of applicant's ownership, including the land not covered by the application; Provided however, if the appeal concerns commercial or industrial property, the 300' re uire- mcni-a chpl 1 him i i-n Fnn I - G (b) It shall be the responsibility of the applicant to furnish, at the applicant's expense, the certified list of all property owners within the three hundred foot (300') radius of the boundaries of the subject property, or five hundred foot (500') radius for industrial or commercial property. This list must be certified by a licensed title company or other qualified individual, and the applicant will be responsible for the accuracy of the list of property owners. The list must be submitted to the Board of Adjustment at the time of the filing of the notice of appeal. A list of property owners must be dated and certified to a date not exceeding thirty (30) days prior to the date of filing of the notice of appeal. (c) The City Council is authorized and empowered to appropriate such funds as it may see fit for salaries, fees and expenses necessary in the conduct of the work of the Board of Adjustment. The Board shall have the authorization to expend such sums so appropriated. Every application to the Board of Adjustment shall be accompanied by a fee of $150.00. SECTION 2: Should any section or provision of this Ordinance or any portion hereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING THIS ., day of , 1975. PASSED SECOND READING THIS 1_4 day of , 1975. PASSED THIRD READING THIS .�(49 day of 1975. low- J� MAYOR ATTEST: I Y CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this Ordinance. ITY ATTORNEY 1 Cl RECORD OF COUNCIL VOTE Mayor Johnson Vice Mayor Lange Councilman Tucker Councilwoman Massaro Councilman Glicksman