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Home My WebLink AboutCity of Tamarac Ordinance O-1979-0011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WA Introduced by: , Temp. #575 Rev. 11/15/78 12/4/78 12/6/78 12/13/78 CITY OF TAMARAC, FLORIDA ORDINANCE NO.09—/ AN ORDINANCE AMENDING SECTION 28-24 OF THE TAMARAC CITY CODE CHANGES IN ZONING - HOW INITIATED; AUTHORITY OF COMMISSION GENERALLY, BY REWRITING AND CLARIFYING THE PROCEDURE FOR APPLYING FOR ZONING CHANGES; AMENDING SECTION 28-25 SAME - APPLICATIONS, BY CLARIFYING THE INTENT OF THIS ORDINANCE THAT REZONING MAY BE INITIATED BY THE CITY COUNCIL AND BY THE PLANNING COMMISSION AT ANY TIME AND AT NO COST TO THE CITY; BY MODIFYING THE TIME PERIODS WITHIN WHICH ZONING APPLICATIONS ARE TO BE HEARD BY THE CITY COUNCIL AND BY THE PLANNING COMMISSION AND BY SETTING FORTH METHOD OF APPEAL AND TIME FOR APPEAL OF FINAL DECISION OF CITY COUNCIL; PROVIDING FOR RATIFICATION OF PRIOR REZONINGS BY THE CITY COUNCIL; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY; AND PRO- VIDING AN EFFECTIVE DATE.''' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Findings of Fact It has been the intent of the City Council of the City of Tamarac that petitions for rezonings of various pieces of property could be initiated by the City Council or by the Planning Commission at any time. However, certain questions have come up wherein property owners have suggested to the City that under existing ordinances the Council would have to wait for a period of six (6) months before reconsidering a rezoning on a piece of property that it had considered for rezoning. The time periods for consideration of applications for rezoning by the City Council and by the Planning Commission have proved to be unnecessarily cumbersome and burdensome by establishing time period parameters for consideration which can be difficult to 28 1 work with. 29 I 30 31 32 34 crrTT f)hl 9- Section 28-24 of the Tamarac City Code is amended by deleting the words below which are struck through and by inserting the words which are underscored. "Sec. 28-24. Changes in zoning -How initiated; authority of commission generally. e x Aey-pewsee-ewe�e�-�ae�s-w�tb}e-tbe-e�ty-�s-eet�t�ed 2 te-r�al�e-app�}eatee-te-tbe-ely-eeeee�-€e-a-ebae�e-e-�eepg: 3 Tqe-9eeg-ea��55}91�-I�ldy-EApS�el°-dp�-PeEeR�lleF1f�-ebd1�QE5-I�-9W19� 4 apse-}t5-9Wp-1�19��9e-61�-apse-1°efew2eee-�y-tbe-Eeeee��--Ebd1��eS-e� eeeg-�#idjf-dl S9-be-}stated-!f-dpy-ode-4��-61'-Ri91�e-9Wpe5-A-AS 6 e-pay=eels-s€-�ae�-�eEated-wtbe-thee-bae�ee�-1€ty-��8}-feet et-tqe-}et-ea=-pa�Ee�-te-�e-neeeed:--Wbewe-a-peepe+�ty-ew�aee-seeps g the-�eee}eg-of-bps-ewe-}ae�-ae�-ef-addeeet-ae�;-tbe-appEdtee g past-�e-}eee�-p-�y-tbe-ewpe�5-a€-set-�es5-tgae-€}fty-ESA}-pee 10 eeet-e€tbe-laed-eeetaee�-ae-5�sb-app�eataee: 11 Changes in zonin shall be initiated as follows: 12 1. Any person owning lands within the City may apply 13 for a change in zoning of his property. 14 2. The planning commission is authorized to consider and 15 recommend changes in zoning upon its own motion or upon reference 16 by the city council. 3. The owners of fifty-one (51) percent or more of the area involved in the Rroposed change may apply for rezoning. All progerty rezoned must be adjoinin arcels. 20 4. By initiative - In the manner set forth in the cit 21 charter. SECTION 3: Section 28-25 of the Tamarac City Code 22 entitled Same -Applications is amended by deleting the words below 23 which are struck through and by inserting the words which are under- 24 25 scored. 25 Sec. 28-25. Same -Applications. 27 Applications for rezoning shall be made in the following. 28 manner: 29 (a) Form. Such applications shall be made on the form 30 prescribed by the city planning commission as 31 supplied by the secretary. 32 (b) Fee. Such applications shall be accompanied by a 33 fee of two hundred fifty dollars ($250.00), which 34 shall not be refundable.. This fee shall be for -2- 1 the administrative time which will be spent during 2 consideration of the rezoning. All costs for 3 publications shall also be paid by the applicant. 4 There shall be no fee for rezonings initiated by 5 the city council or planning commission. 6 (c) An applicant may withdraw an application at any 7 time prior to a vote on a motion. The application 8 fee shall not be refunded nor applied to any 9 future application for rezoning. If fees for 10 publication have been submitted and if legal 11 advertisements have not been submitted to news- 12 papers for publication then these fees may be 13 returned. 14 (d) Advertisement for hearing before planning 15 commission. Upon receipt of an application 16 for rezoning, the city clerk shall advertise the 17 same for public hearing before the planning 18 commission at a the next regular meeting 19 thereof or if the planning commission 20 elects, at a special meeting thereof, the hearing 21 occurring not less than ten-�;Q} twenty-one (21) 22 days nor more than sixty (60) ferty-E49) days 23 after receipt of such application. In the case 24 of an application for rezoning the applicant shall 25 reimburse the city for the cost of such publicatior 26 Publication shall be by legal advertisement in a 27 newspaper of general circulation within the city, 28 such advertisement to appear not less than fifteen 29 (15) days in advance of the meeting at which the- t 30 matter is to be heard. 31 (e) Action of planning commission. The 32 planninq_ commission shall act upon the 33 application or recommendation within ten (10) days 34 of the date of the public hearing thereon, unless -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 28 29 f 30 31 32 33 34 ( f ) ( g ) the elanning commission shall, upon its own motion, extend the time for an additional period not to exceed-tha Pty-{30-days- surpass the second re'ul'ar meeting, or fort (40) days, whichever is later. This time eriod ma be extended further with'the ex'ress written consent of the applicant. Failure of the plannin, commission to act within such period shall be deemed a favorable recommendation of the application. Advertisement for hearing before council. Upon receipt of a favorable or unfavorable recommendation of the planning commission, or upon its failure to act within the time allowed above, the city clerk shall advertise the same for public hearing before the city counci 1 at a the -next regu1 ar meeti ng thereof, occurring not less than tea-k4O twenty-one (21) days new-Foere-than-fewty-�494-days after receipt of such recommendation. The applicant shall reimburse the city for the cost of such publication. Publication shall be by one legal advertisement in a newspaper of general circulation within the city, such advertis ment to appear not less than fifteen (15) days in d- vance of the meeting at which the matter is to be he rd. Actions of council. The council shall act upon the application or recommendation within ten (10) 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 th*rty 43A} sixt (60) days. This time eriod mav be extended further with the ex ress written consent of the_apRollicant. Fa4lufe-ef-the esa�ae}�-te-set-w�tb��a-seeb-�e�}ed-sba��-be-dee�ed a-deA*a4-ef-the-apP4*eat4ee. Neither Tthe Tannin -commission nor the council shall pet consider applications made by parties other than -4- I 2 3 4 5 6 7 8 9 10 11 1.2 13 14 15 ]6 i 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 the city council or planning commission on any of the same property contained in the application sabjeet-matter for a period of six (6) months following its the-den*a4 action of an application. Nothin in this section recludes the city council or the p'lanning commission from institutin rezonin at any time. (h) A�ea�l. Zoning decisions of the city council are final and shall be reviewed by the filing of a Petition for Writ of Certiorari in Broward Count Circuit Court in accordance with the procedure and within the time provided in the Florida Appellate Rules for the review of the ru1in s of any Commission or Board and said time shall commence to run from the date of the vote of the city council. SECTION 4: Any reference in the Code to the Planning Commission, Zoning Commission or Planning and Zoning Commission shall mean the City's Planning Commission. SECTION 5: Ratification Any actions taken by the city council and its planning commission wherein rezonings were initiated within six months of consideration of rezoning on the same parcel are hereby ratified and confirmed. r rr'rr nN G !`-A4 f i +i nn Specific authority is hereby granted to codify this ordinance. SECTION 7: Repealer All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 8: Severability 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 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 � 18 19 20 21 22 23 24 25 26 27 28 29 ( 30 r 31 32 33 34 SECTION 9: Effective date This ordinance shall become effective upon its final passage. PASSED FIRST READING this day of Lo,197 PASSED SECOND READING this `�day of ,1979. M YOR ATTEST: MOM 91MAKIF4 Ira I HEREBY CERTIFY that I have approved the form and correct- ness of this Ordinance LOV� EA`ATTORNEYZZ-A Irm RECORD OF COUNCIL VOLE )MAYOR W. FALCK ---- VIM H. MASSARO C(M H. WIENER C(M I.M. DISRAELLY CIW M. KO -Cif