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HomeMy WebLinkAboutOrdinance 156 Land Planning Agency ORDINANCE NO. 156 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.05; 44.06; 44.07; 44.10; 44.11; 44.14; 44.15; 44.16; 44.16(1); 44.21 and 44.22 OF APPENDIX A, ARTICLE I OF THE CODE OF ORDINANCES OF WINTER SPRINGS; CREATING NEW SECTIONS 44.05; 44.06; 44.07; 44.10; 44.11; 44.14; 44.15; 44.16; 44.16(1) AND 44.21 OF APPENDIX A, ARTICLE I OF THE CODE OF ORDINANCES OF WINTER SPRINGS, FLORIDA, CONFLICTS; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the City Council in order to promote the public health, morale, safety and general welfare deems it to be in the public interest to establish the Planning and Zoning Board as the City's Land Planning Agency pursuant to the Seminole County Comprehensive Planning Act, and WHEREAS, because of new State legislation, the duties and responsibilities of the City Council, Planning and Zoning Board and the Board of Adjustment have been altered, which necessitates this Council changing those duties and responsibili- ties to properly reflect the procedures to be followed by said Boards; and WHEREAS, to accomplish the above designated purposes, Section 44.05; 44.06; 44.07; 44.10; 44.11; 44.14; 44.15; 44.16; 44.16(1); 44.21; and 44.22 of Appendix A, Article I of the Code of Ordinances and Article IV, Sections 2-46 through 2-51 should be repealed and replaced with Sections 44.05; 44.06; 44.07; 44.10; 44.11; 44.14; 44.15; 44.16; 44.16(1) and 44.21 of Appendix A, Article I of the Code of Ordinances, NOW THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS: SECTION 1. That Article IV, Sections 2-46 through 2-51 and Sections 44.05; 44.06; 44.07; 44.10; 44.11; 44.15; 44.16; 44.16(1); 44.21 and 44.22 of Appendix A, Article I of the Code of Ordinances are hereby specifically repealed. SECTION 2. That Sections 44.05; 44.06; 44.07; 44.10; 44.11; 44.14; 44.15; 44.16; 44.16(1) and 44.21 of Appendix A, Article I of the Code of Ordinances of Winter Springs is hereby created and substituted for those repealed sections as follows: Section 44.05. Compensation; Appointment of Members The Planning and Zoning Board shall consist of seven (7) members with five (5) members having designated seats one through five with said numbers corresponding with the council seat. The remaining two members to be members at large and appointed by the mayor and ratified by the council. Each member shall be a citizen and registered voter of the City of Winter Springs and Each appointment whether made by the respective council member or mayor shall be subject to council ratification. Section 44.06. Term; Filling Vacancies; Removal of Members. The term of office of the members of the Planning and Zoning Board shall run from the second Friday in July in the year in which the appointments were made. Each member appointed shall serve for a term of two (2) years, or until his successor is appointed and qualified. With the passage of this ordinance, the present five members of the Planning and Zoning Board will draw lots to establish to which council seat number he is to be assigned. The two vacant seats currently existing on the Board shall be ap- pointed in the year 1977 and expiring in 1979. The mayor shall appoint the two new seats created by this ordinance and shall designate the two remaining seat numbers for each position. The seats numbered 1, 3 and 5 shall be appointed in 1978, to expire in 1980. The new seat 7 to be appointed in 1977, to expire in 1980. Seats numbered 2, 4 and 6 shall be appointed in 1977, to expire in 1979. Members shall be subject to removal from office by the council for failure to perform their duties, or for other misconduct in office, or for failure to attend 2 meetings without being excused therefrom by the Board of the Council. Vacancies on the Board may be filled by appointment by the Council member whose seat number corresponds with the vacant Planning and Zoning Board seat. If any councilman fails to appoint a member within two regularly scheduled council meetings, - 2 - after a vacancy occurs or a term expires, that seat will be filled by the Mayor. Said appointment shall be ratified by the City Council. Section 44.07. Appointment of Chairman, Vice Chair- man and Secretary. There shall be a Chairman, Vice-Chairman and a Secre- tary of the Planning and Zoning Board selected from seven (7) appointed members. Selection will be made by members of the Board. The existing Chairman, Vice-Chairman and Secretary of the seven member Board shall continue to serve until removed by the members of the Board or until they resign, whichever shall occur first. Section 44.10. Duties -- General. The Planning and Zoning Board shall serve as the Plan- ning and Zoning Commission. It shall be the duty of the Plan- ning and Zoning Board to recommend to the City Council the boundaries of the various original zoning districts and ap- propriate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to the end that it may be qualified to act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The Board shall recommend the boundaries of districts and appropriate regulations. In addition thereto, the Planning and Zoning Board shall serve as the Local Land Planning Agency pursuant to the Seminole County Comprehensive Planning Act and the Local Government Comprehensive Planning Act of the State of Florida and the Board shall commence said duties on the adoption of the Comprehensive Plan by the City Council. Section 44.11. Annual Report to City Council. The Planning and Zoning Board shall annually make a written report to the City Council no later than March 31, giving a resume of its work during the preceding year. In - 3 - such report, it shall also make recommendations as to future projects to be undertaken and in addition thereto, it shall make recommendations for updating the Comprehensive Land Use Plan of the City once the Board assumes such duty. Section 44.14. Zoning Ordinances -- Alterations, Changes or Amendments. Whenever it is proposed by or to the City Council that the zoning ordinances be altered, changed, or amended, the City Council shall call a public hearing on the same and give notice of the time, date and purpose thereof, no less than fifteen (15) days prior to the date of the hearing by publishing said notice once in a newspaper of general circulation in said municipality and by posting said notice in three (3) conspicuous places thoughout the city, one of which shall be the City Hall and a copy of said notice shall be delivered to the Planning and Zoning Board Chairman or Secretary not less than fifteen (15) days prior to the time of the hearing. After service upon the Board, the Chairman or Secretary shall then call a meeting to consider the proposed alteration, change or amendment and shall thereafter and not less than forty- eight (48) hours prior to the scheduled hearing submit the Board's recommendations to the City Clerk for use of the Council at the time of the hearing and at least one designated member of the Board shall attend the public hearing. Provided, however, the procedure set forth hereinabove does not apply to rezoning applications and alterations in the City's Compre- hensive Plan, and the council shall, on such requests, follow the procedure set forth in Chapter 166 and Chapter 163, Florida Statutes, as it now exists or as it may be renumbered or amended. Section 44.15. Action of the City Council. Action of the City Council shall be by ordinance duly passed and shall be spread upon the minutes of the city. Section 44.16. Actions to Alter, Et Cetera. (a) All applications for rezoning within the municipal limits of the City of Winter Springs, Florida shall be pre- sented to the Planning and Zoning Board which, at the discretion - 4- of the Planning and Zoning Board may call a public hearing there- on. The City Council shall require a public hearing. The public hearing before council shall be advertised according to the procedures set forth in Chapter 166 and Chapter 163, Florida Statutes as they now exist or as they may be renumbered or amended. All expenses of advertising or mailing of notices shall be borne by the party requesting the change of zoning and in addition thereto, the party shall pay all legal expenses borne by the city prior to being granted change of zoning. Immediately upon receipt of the application, the City Clerk shall cause the notice of public hearing to be pubished in a newspaper. (b) If the public hearing on the said application is held before the Planning and Zoning Board it shall be advertised fifteen (15) days prior to said hearing and after said public hearing, the Board shall forward its decision to the City Council within seven (7) days of the said public hearing. (c) The City Council of the City of Winter Springs, Florida, is authorized to proceed without the recommendations of the Planning and Zoning Board if the said recommendations are not forwarded to the City Council within the seven (7) day requirement set forth in subsection (b). Section 44.21. Duties -- General. The Board of Adjustment shall serve to grant any variances or special exceptions delineated in this code. In the event a special exception is not specified within this ordinance then the person requesting the same must comply with Section 44.66 of this Code. It shall conduct public hearings thereon if objection to the granting of such a variance or exception is announced by any property owner within 500 feet of the property that is the subject of the proposed variance or exception. The decision of the Board of Adjustment with respect to any requested and specified variance or ex- ception shall be final. - 5 - The Board of Adjustment shall have the following powers and duties: a. To hear and decide only appeals where it is alleged there is error in any order, requirement, decision, or deter- mination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted. b. To hear and decide only special exceptions as the Board of Adjustment is specifically authorized to pass on under the terms of the zoning ordinance; to decide such questions as are involved in determining when special exceptions should be granted; and to grant special exceptions with appropriate conditions and safeguards, or to deny special exceptions when not in harmony with the purpose and intent of the zoning regulations. In granting any special exception, the Board shall find that such grant will not adversely affect the public interest. In granting any special exception with appropriate conditions and safeguards, violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. The Board of Adjustment may prescribe a reasonable time limit within which the action for which the special exception is required shall be begun or completed, or both. c. To authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforce- ment of the provisions of the ordinance will result in un- necessary and undue hardship. In order to authorize any variance from the terms of the ordinance, the Board of Adjust- ment must and shall find: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; - 6 - (2) That the special conditions and circumstances do not result from the actions of the applicant; (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; (4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; (5) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. (6) That the grant of the variance will be in harmony with the general intent and purpose of the ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. d. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. The Board of Adjustment may pre- scribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. e. Under no circumstances shall the Board of Adjust- ment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited by the terms of the ordinance in the said zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning classification or district, and no permitted use of lands, structures, or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a variance. - 7 - 3. Exercise of Powers. In exercising its powers, the Board of Adjustment may, upon appeal and in conformity with provisions of this regulation, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or deter- mination as ought to be made, and to that end shall have all the powers of the officers from whom the appeal is taken. A majority vote of all members of the Board shall be necessary to reverse any order, requirement, decision, or determination of anu such administrative official, or to decide in favor of the applicant on any matter upon which the Board is required to pass under these regulations. 4. Appeal to the Board of Adjustment from Decision of Administrative Official. Appeals to the Board of Adjust- ment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeal shall be taken within 30 days after such decision is made by filing with the officer from whom the appeal is taken and with the Board of Adjustment, a Notice of Appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the Board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith, transmit to the Board of Adjustment all the documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. 5. Notice Required on Hearing of Appeal. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. For procedural purposes, an appli- cation for a special exception shall be handled by the Board of Adjustment the same as for appeals. - 8 - 6. Appeals from Board of Adjustment Decision. Any person, or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, may, within thirty (30) days after the filing of any decision in the office of the Board of Adjustment, but not thereafter, apply to the City Council for administrative relief. After a hearing before the City Council, an aggrieved party may, within thirty (30) days after the decision by the City Council, file an appeal with a Court of a competent jurisdiction over the subject matter. An appeal to the City Council shall stay all pro- ceedings in furtherance of the action appealed from, unless the officer from who the appeal is taken certifies to the City Council after the notice of appeal shall have been filed with him that by reason of acts stated in the certificate, a stay would in his opinion cause imminent peril to lives or property. In such case, proceedings shall not be stayed other- wise than by a restraining order which may be granted by the City Councilor by a Court of record on application, on notice to the officer or Board from which the appeal is taken, and on due cause shown. The City Council shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appeal. D. Due Public Notice, Due public notice, as used in connection with the phrase "public hearing" or "hearings with due public notice" involves the following requirements: At least fifteen (15) days' notice of the time and place of such hearing required under this act shall be published one (1) time in a newspaper of general circulation in the area; provided, however, that if the hearing applies to a single lot, parcel, or tract of land rather than to all of the lands within a planning area, govern- mental jurisdiction, zoning district, or other planning or - 9 - govermental subunit, such notice shall also be posted in a conspicuous place on such lot, parcel or tract of land. The notice shall state the time and place of the hearing, or the times and places of the hearings, the nature of the matter to be discussed, that written comments, filed with an appropriate designated official will be considered and that persons appear- ing will be heard orally and may state that the hearings will be continued from time to time as may be found necessary. Af- fidavit proof of the required publication shall be pre- sented at the hearing. E. Time Limit. Any variance or special exception which may be granted by the Board of Adjustment or City Council shall expire six (6) months after the effective date of such action by the Board of Adjustment or City Council unless a building permit based upon and incorporating the variance or special exception is obtained within the aforesaid six (6) months' period. How- ever, the Board of Adjustment or City Council may renew such variance or special exception for one (1) additional period of six (6) months; provided good cause is shown and the appli- cation for extension shall be filed with the Board at least 30 days prior to the expiration of the aforesaid six (6) months' period. Any renewal may be granted without public hearing; however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this sub- section are to be retroactive to the extent that any variance or special exception previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed and a building permit based upon and incorporating the aforesaid variances or special exception has not been issued prior to expiration of such time limit. Section 3. Conflicts. That all ordinances, parts of ordinances, or interpretations thereof in conflict herewith are - 10 - hereby repealed. All matters covered herein shall hereafter be governed solely by the provisions of this ordiance. Section 4. Severability. If any section or part of section or subsection of this ordinance proves to be invalid, un- lawful 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. Section 5. Effective Date. This ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 12th day of September, 1977. FIRST READING: August 8, 1977 SECOND READING: September 13, 1977 CITY OF WINTER SPRINGS, FLORIDA Troy J. Piland Mayor ATTEST: Mary T. Norton City Clerk - 11 - CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING * * * * * * * * * * * * * * TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing on Monday, August 8, 1977 at 7:30 P.M., or as soon thereafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.05; 44.06: 44.07; 44.10; 44.11: 44.14; 44.15: 44.16; 44.16(1): 44.21 and 44.22 of APENDIX A, ARTICLE I, OF THE CODE OF ORDINANCES OF WINTER SPRINGS: CREATING NEW SECTIONS 44.05: 44.06: 44.07: 44.10; 44.11; 44.14; 44.15: 44.16: 44.16(1) and 44.21 OF APPENDIX A, ARTICLE I OF THE CODE OF ORDINANCES OF WINTER SPRINGS, FLORIDA: CONFLICTS: SEVERABILITY: AND EFFECTIVE 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 same. All interested parties are invited to attend and be heard. DATED this 13th day of July, 1977. CITY OF WINTER SPRINGS, FLORIDA By:Mary T. Norton, City Clerk GARY E. MASSEY, ESQUIRE Winter Park Federal Building 355 E. Semoran Boulevard Altamonte Springs, Florida 32701 Attorney for City of Winter Springs, Florida July 1', 1917 The Sentd.nel Sitar Leqal Advert.ialmj Depot.. 53 J 11. Orant_ Avenue Orlanac, Florida ~~ The ftvtInlot' Herale! Sanford, Florida In ft.: NetIce of Pulillo iJ.arln9 Ci~y of Wbtt,erSprlft9_ Planninq , aoniq '8d.lb:puaioll Ordinuce ("Tim t I_eft = l:nol0M4 pIe.... find a Notice of Public ll..arlnv to be run ae . 1.~.1 advert1___t. em. t.tme a-t le..tfitt.eea (lS) day. prior to At~t 8,. 1917. 1'1.... furni.h. my office wit.h Proof of Publication and forwartl J'OUX' .t.at.e1Jleft't to Me.. Mary lJIorton, Cit.y Clerk, 102 )to Mo.. ltoad, Wiat.er $prin"., Flroida 32101. Very truly yours" GAR.Y It. MASSET CBf!l tpc Ji:ne. SENTINEL STAR Publish",d Daily ,'Ita monte Springs, Seminole County, Florida ~fm~ of Jlflnrirta [ COUNTY OF OR:A;""GE \ ADVERTISING CHARGE $14.15 SS. , who on oath says that CITY OF WINTER lPRINGS, FLORIDA NOTICE OF , PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by ihe City Council of the Citv of Winter Springs, Florida, that said Citv Coun- cil will hold 0 pUblic hearing on Mondav, August 8. 1977 at 7:JO P,M,. or as soon thereafter as Possible to consider an OrdInance entitled as f()lIows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS. FLOR. IDA. REPEALING SECTIONS 44,05; 44.06; 44,07; 44,10; 44,11; 44,14; 44.15; 44,16;'44.16(1); 44,21 and 44,22 of APPENDIX A. AR. TICLE I. OF THE CODE OF OR. DINANCES OF WINTER SPRINGS; CREATING NEW SECTIONS 44.05; 44,06; 44,07; 44.10" 44;11; 44.14; 44.15; 44,16; 44.16(1) and 44,21 OF APPENDIX A, ARTICLE I OF THE CODE OF ORDINANCES OF WINTER SPRINGS, FLORIDA; CON- FLICTS; SEVERABILITY; AND EFFECtiVE DATE, A copy at said Ordinance shall be. available at the office of the City Clerk at the Cilv at Winter Springs. Florida, for on persons desiring to eKamine same. All interested parties are Invited' fa attend and be heard. DATEO this 1Jth dQV of JUly, 1977. CITY OF WINTER SPRINGS, FLORIDA By: /s/ Marv T. Norton MARY T, NORTON, Cilv Clerk GARY E. MASSEY. ESQUIRE / Winter Park Federal Buildinll 355 E, Semoran Boulevard Alfamonte Sprinas, Florida 32701 Attornev for Clly 1)f Winter Springs, Florida Before the undersigned authority personally appeared Marie M. Minner she is the Legal Advertising Representative of the Sentinel Star, a daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of Notice of Public Hearing advertisement, being a in the matter of. A 11 gu l:: t 8, 1977 re: Planning & Zoning Board Expans~on Or rl ; n ;:! n (' p. e t c . . in the Court, was published in said pewspaper in the issues of .T 11 1 Y ? 1. 1 q 7 7 Affiant further says that the said Sentinel Star is a newspaper published at Alta- monte Springs, in said Seminole County. Florida, and that the said newspaper has hereto- fore been continuoUSly PUblished daily. in said Seminole County, Florida, and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Sem- inOle 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, permission or refund for the purpose of securing this advertisement for publication in the said newspaper. /JJ ~~ /}J. J//1 -"'~7~ of SWom to and subscribed before me this 2 1 s t day July 77 , A.D, 1J ( . M-Lk~ ~ Htary Public. Notory Public, Stote of Floria" II ~8r~~ My Commisslo" Ex!,ir.s S.pt. 10, 1'7' Bonded IDy American Fire & Casualty Co. LR'~(6$) Julv21,19n ~ FORM 291 C