HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-019Temp Ord # 2016
July 18, 2003
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003-_L�
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AMENDING CHAPTER 24 OF THE CITY OF
TAMARAC CODE OF ORDINANCES ENTITLED
"ZONING", ARTICLE II "ADMINISTRATION",
DIVISION 3 "PLANNING BOARD", SECTION 24-
71 ENTITLED "REVIEW AND CONSIDERATION
OF VARIANCES AND APPEALS BY PLANNING
BOARD", BY ELIMINATING REFERENCES TO
BOARD OF ADJUSTMENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of Adjustment was sunsetted February 26, 2003 by
the City Commission via Ordinance No. 0-2003-04; and
WHEREAS, the powers and duties previously assigned to the Board of
Adjustment relative to considering and hearing variances and appeals were
assigned to the Planning Board by the City Commission via Ordinance No. 0-
2003-11; and
WHEREAS, due to a scrivener's error all references to the Board of
Adjustment were not eliminated at the time Ordinance No. 0-2003-11 was
adopted; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to
be in the best interest of the citizens and residents of the City of Tamarac to
amend Chapter 24 of the City of Tamarac Code of Ordinances by eliminating all
references to the Board of Adjustment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
CODING: Words in StFUGk through type are deletions from existing law;
Words in underscored type are additions
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July 18, 2003
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SECTION 1: That the foregoing whereas clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Ordinance upon adoption hereof.
SECTION 2: That Sections 24-71(e) and (g) of the Tamarac Code
are hereby amended to eliminate all references to the Board of Adjustment:
Sec. 24-71. Review and consideration of variances and appeals
by planning board.
(e) Stay of work and proceedings. An appeal to the planning
board stays all work on the premises and all proceedings in
furtherance of the action appealed from, unless the official from
whom the appeal was taken shall certify to the
planning board that, by reason of facts stated in the certificate, a
stay would cause imminent peril to life or property. In such case,
proceedings or work shall not be stayed except by a restraining
order which may be granted by the beard of adju +mono planning
board or by a court of record on application, on notice to the officer
from whom the appeal is taken and on due cause shown.
(g) Judicial review of board's decisions. Any person aggrieved
by any decision of the planning board, or any officer, department,
board, commission or bureau of the city, may apply to the circuit
court in the judicial circuit where the planning board is located for
judicial relief within thirty (30) days after rendition of the decision by
the beard- ^f adjustment planning board. Review in the circuit court
shall be either by a trial de novo, which shall be governed by the
Florida Rules of Civil Procedure, or by petition for writ of certiorari,
which shall be governed by the Florida Appellate Rules. The
election of remedies shall lie with the appellant.
CODING: Words in StF6l k through type are deletions from existing law;
Words in underscored type are additions
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July 18, 2003
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SECTION 3: It is the intention of the City Commission and it is
hereby ordained that the provisions of this Ordinance shall become and be made
a part of the Code of Ordinances of the City of Tamarac, Florida, and that the
Sections of this Ordinance may be renumbered or relettered and the word
"Ordinance" may be changed to "Section", "Article" or such other word or phrase
in order to accomplish such intention.
SECTION4: All Ordinances or parts of Ordinances, and
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Ordinance that can be given affect
without the invalid provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
CODING: Words in 64rnr ugh type are deletions from existing law;
Words in underscored type are additions
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July 18, 2003
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SECTION 6: This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED, FIRST READING this 27th day of August, 2003.
PASSED, SECOND READING this 10th day of September, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. KF
CITY ATTORN
.c tcF;�= ,
�, OE SCHREIBER, MAYO
RECORD OF COMMISSION VOTE: Is'
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALAB
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
RECORD OF COMMISSION VOTE: 2"d r
MAYOR SCHREIBER C
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
MT 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
CODING: Words in StrUGli thFough type are deletions from existing law;
Words in underscored type are additions
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