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HomeMy WebLinkAboutOrdinance 145 Rezoning Property ORDINANCE NO. 145 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTION 44.26 OF ARTICLE II OF THE CODE OF ORDINANCES OF WINTER SPRINGS, FLORIDA; ADOPTING NEW SECTION 44.26 OF ARTICLE II OF THE CODE; ESTAB- LISHING PROCEDURES FOR REZONING REAL PRO- PERTY; CONFLICTS, SEVERABILITY AND EFFEC- TIVE DATE. WHEREAS, the City Council desires to update the pro- cedures relating to the Official Zoning Map of the City of Winter Springs, and WHEREAS, the City Council wishes to establish pro- cedures for zoning changes within the City. NOW, THEREFORE, the City of Winter Springs, Florida, hereby ordains: (1) That Section 44.26 of Article II of the Code of Ordinances of the City of Winter Springs as it now exists is hereby repealed. (2) That new Section 44.26 of Article II of the Code of Ordinances of the City of Winter Springs is hereby adopted as follows: SECTION 44.26. Official Zoning Map, Working Maps and Procedures. (1) Official Zoning Map Adoption. The City is hereby divided into zones, or districts, as shown on the Official Zoning Map which, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this Ordinance. The Official Zoning Map shall always be on public display in the City Hall and shall be the final authority as to current zoning status of lands, buildings and other structures in the City. The Official Zoning Map shall be identified by the signature of the Mayor and the attestation by the City Clerk, bearing the seal of the City appearing under the following in- scription: "This is to certify that this is the official Zoning Map referred to in Article II, Section 44.26 of the Code of Ordinances of the City of Winter Springs, Florida." (2) Official Zoning Map Description. The Official Zoning Map shall consist of a color coded map of the entire City of Winter Springs, with a scale of 1:400, and shall be covered with an acetate cover suitable for marking with a grease pencil. Each individual color on the Official Zoning Map shall represent a separate and distinct zoning classification. (3) Official Zoning Map Update. The Official Zoning Map shall be updated in a permanent fashion each year by changing the color of the rezoned areas and by placing thereon an identi- fication number, and an identical number placed on a sheet of paper to be permanently affixed in the lower right hand corner of the Official Zoning Map. Beside the identifying number shall be placed the Ordinance Number resulting in the rezoning and the date of its adoption. The updated Zoning Map shall be approved by the Planning and Zoning Board by May 31 of each year and shall be presented to the City Council for their approval at the first regularly scheduled meeting each year thereafter. (4) Working Zoning Map. In addition to the Official Zoning Map, there shall be one or more Working Zoning Maps which shall contain all Seminole Tax Maps with a scale of 1:400, and which shall show the entire area of the City of Winter Springs through the use of the color code adopted for the Official Zoning Map. (5) Updating Display Map and Working Maps. The City Planner or if there is no City Planner, then such other individuals as may be designated to perform such duties by the City Council shall maintain the Official as well as the Working Zoning Maps. It shall be said persons duty and responsibilities to keep all Zoning Maps up to date and to present the Zoning Maps for approval y the Planning and Zoning Board and the City Council within ten (10) days subsequent to an Ordinance rezoning real property by he City Council, the Official Zoning Map as well as all Working aps shall be amended to reflect the rezoning by placing the ppropriate color on the acetate cover of the Official Zoning ap and by placing the appropriate color on the appropriate pages f the Working Maps. In adrntion, the Ordinance Number and date f its adoption shall be placed on the maps. -2- (6) Procedures for Rezoning Changes Affecting Official Zoning Map. In accordance with the provisions of this Ordinance and Chapters 166.041 and 163.3181(3) as they are now existing or as they may be renumbered or amended, if changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map pursuant to the Procedures contained in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance and punishable under Article XVI of the Ordinance. (7) Effect of Vacating of Street, Alley or Other Public Way. Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all the area included in the vacation shall be subject to all the appropriate regulations of the extended district. (8) Voluntary Rezoning Application. Each applicant for rezoning shall submit an application on a form approved by the City to the City Clerk. Each application must be accompanied by a Seminole County Tax Map with a scale of 1:400, which has clearly marked thereon the area to be considered for rezoning, along with a fee to cover the costs of advertising the Public Hearing on the Ordinance or the registered mail notices as the case may be and in addition thereto, a $50.00 fee to cover the legal costs to the City of preparing the Ordinnce or such addition a1 legal costs as may be encumbered by the City, to rezone the property. After the application is submitted, the Planning and Zoning Board shall review the application at its next regularly scheduled meeting and shall forward its recommendations to the City Council. After the City Council receives the recommendations of the Planning and Zoning Board, it shall determine whether it will consider a change of zoning and if it shall consider a change of zoning, the Council shall direct the City Attorney to prepare an Ordinance to rezone the subject property and advertise the same for Public Hearing. -3- (3) Conflicts. That all ordinances, parts of ordinances, or inter- pretations thereof in conflict herewith are hereby repealed. All matters covered herein shall hereafter be governed solely by the provisions of this ordinance. (4) Severability. If any section or part of section or subsection of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of section or subsection of this ordinance. (5) Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 11th day of October, 1976. FIRST READING Sept 27, 1976 SECOND READING October 11, 1976 CITY OF WINTER SPRINGS, FLORIDA BY Troy J. Piland MAYOR ATTEST: Mary T. Norton City Clerk -4- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing at 7:00 p.m. or as soon thereafter as possible, on Monday, Septbember 27, 1976, to consider the adoption of an Ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTION 44.26 OF ARTICLE II OF THE CODE OF ORDINANCES OF WINTER SPRINGS, FLORIDA; ADOPTING NEW SECTION 44.26 OF ARTICLE II OF THE CODE; ESTAB- LISHING PROCEDURES FOR REZONING REAL PRO- PERTY; CONFLICTS, SEVERABILITY AND EFFEC- TIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 3rd day of September, 1976. CITY OF WINTER SPRINGS, FLORIDA BY /s/ Mary T. Norton MARY T. NORTON GARY E. MASSEY 616 E. Semoran Blvd. A1tamonte Springs, Fla. 32701 Attorney for City F o R I N F o R M 1 T I o N o N L Y BROCK, MASSEY 8: WALDEN ATTORNEYS AND COUNSELORS AT LAw SUITB 102, SBHOllAN BUILDING 616 EAST SBHOBAN BOULBVABD ALTAMONTE SPRINGS, FLORIDA 32701 NEWMAN D. BROCK GARY E, MA.SSEY FRANKLIN T. WALDEN September 3. 1976 The Evening Herald 300 N. French Avenue Sanford. Florida 32771 RE : Notice of Public _Hearing Dear Sirs: TELEPHONE (30lS)"S34-SW Enclosed you will find Not:tce of Public Hearing for the City of Winter Springs, Florida. Please publish same one time at least 15 days prior to the time of the public hear- ing. Please furnish my office with Proof of Publication and for- ward your statement to the City Clerk, City of Winter Springs. Florida. Thank for your cooperation in this matter. Yours truly, GARY E. 11ASSEY City Attorney GEM/amw Enclosure cc~ Mary Norton, City Clerk '"\ \ " '",,--- ---- - Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared..,... Ruth F. Rowley who on oath says that she is Office Manager of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a Legal Notice of Public Hearing in the matter of Ordinance to Repel Sect 44.26 in the Circuit Court, was published in said newspaper in the issues of. Sept 9,1976 Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribcd before me this 9th day of Sept A.D. 1976 (SEAL) Notary Public Notary Public, State of Florida at Large My Commission Expires June 18, 1979 . CITY OF WINTER SPRINGS, FLORIDA Notice of Public Hearing NOTICE IS HEREBY GIVEN by the city council of the City of Winter Springs, Florida. that said City council will hold a public hearing at 7:00 p.m. or as soon thereafter as possible A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine the same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen(l5) days prior to the time of the public hearing. DATED this 3rd day of Sep, tember, 1976. City of Winter Springs, Florida By: S: Mary T. Norton GARY E. MASSEY 616 E. Semoran Blvd, Altamonte springs, Fla. Attorney for City Publish: Sept. 9, 1976 DED.42