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HomeMy WebLinkAboutOrdinance 214 Zoning ORDINANCE NO. 214 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING SECTIONS 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19., 44.22.1 AND 44.23 OF THE WINTER SPRINGS CODE OF ORDINANCES ENTITLED ZONING; TO PROVIDE FOR THE ADOPl'ION OF SECTIONS 44.05, 44.06, 44.07, 44.11,44.16, 44.18, 44.19, 44.19.1 AND 44.23; PROVIDING FOR SEVERA- BILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS SECTIONS 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.22.1 and 44.23 of the Winter Springs Code of Ordinances have become outdated and; WHEREAS the City Council of the City of Winter Springs, Florida, has determined it to be in the best interests of the City of Winter Springs, Florida, to repeal Sections 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.22.1 and 44.23 of the Winter Springs Code of Ordinances for the adoption of current and more effective Sections 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.19.1 and 44.23, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That Sections 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.22.1 and 44.23 of the Code of Ordinances of Winter Springs are hereby repealed. SECTION II - That new Sections 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.19.1 and 44.23 of the Code of Ordinances of Winter Springs, Florida, are hereby created to read as follows: SECTION 44.05 - Composition - Appointment of members. The Planning and Zoning Board shall consist of five (5) members having designated seats one through five (5) with said numbers corresponding with a council seat. Each member shall be a citizen and registered voter of the City of Winter Springs and each appointment by the respective Council member occupying the corresponding numbered seat 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 and each member appointed shall serve for a term of two years, or until his successor is appointed and qualified. Except however, the first Board appointed under this ordinance shall serve terms as follows: seats two (2) and four (4) shall serve the full two year term ending July 10, 1982. Seats one (1), three (3), and five (5 shall serve a one year term ending July 10, 1981. Vacancies on the Board may be filled by the Council member whose seat number corresponds with the vacant seat Planning and Zoning Board/subject to Council ratification. If any councilman fails to appoint a member within two regularly scheduled council meetings after a vacancy occurs or a term expires, that seat will be filled by the Mayor, subject to the ratification by City Council. The present Planning and Zoning Board shall be dissolved upon adoption of this ordinance. Members shall be subject to removal from office by the Council for failure to perform their duties or for other misconduct in office or upon failure to attend two meetings without being excused by the Board or City Council. SECTION 44.07 - Appointment of Chairman, Vice-chairman. There shall be a chairman and vice-chairman of the Planning and Zoning Board selected from and by the members. They shall serve a term of one year or until their appointment to the Board is terminated, whichever is shorter, unless sooner removed by the Board. SECTION 44.11 - Reserved. 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 presented to the Planning and Zoning Board for their consideration and recommendation to City Council. Affirmative action by the City Council upon any rezoning application shall require a public hearing by the City Council. The public hearing before Council shall be advertised according to the procedures set forth in Chapter 163 and Chapter 166, Florida Statutes as they now exist or as they may be re- numbered or amended. (b) The City Council of the City of Winter Springs, Florida, is authorized to proceed without the recommendations of the Planning and Zoning Board if said recommendations are not forwarded to the City Council within seven (7) days from the date of the Planning and Zoning Board meeting. SECTION 44.18 - Composition, Appointment of Members. The Board of Adjustment shall consist of five (5) members having designated seats one (1) through five (5) with said numbers correspond- ing with a Council Seat. Each member shall be a citizen and registered voter of the City of Winter Springs and each appointment by the respective Council member occupying the correspondingly numbered seat shall be subject to Council ratification. SECTION 44.19 - Term; Filling Vacancies; Removal of Members. The term of office of the members of the Board of Adjustment shall run from the second Friday in July and each member appointed shall serve for a term of two years, or until his successor is appointed and qualified. Except however, the first Board appointed under this ordinance shall serve terms as follows: seats two (2) and four (4), shall serve the full two year term ending July 10, 1982, seats one (1), three (3), and five (5) shall serve a one year term ending July 10, 1981. Vacancies on the Board may be filled by the Council member whose seat number corresponds with the vacant Board of Adjustment seat, subject to Council ratification. If any councilman fails to appoint a member within two regularly scheduled council meetings after a vacancy occurs or a term expires, that seat will be filled by the Mayor, subject to the ratification by City Council. The present Board of Adjustment shall be dissolved upon adoption of this ordinance. Members shall be subject to removal from office by the Council for failure to perform their duties or for other misconduct in office or upon failure to attend two meetings without being excused by the Board or City Council. SECTION 44.19.1 - Appointment of Chairman, Vice-chairman. There shall be a chairman and vice-chairman of the Board of Adjustment selected from and by the members. They shall serve a term of one year or until their appointment to the Board is terminated, whichever is shorter, unless sooner removed by the Board. SECTION 44.23 - Reserved. SECTION III - SEVERABILITY. If any section or portion of a section or sub- section 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 portion of a section or subsection, or part of this Ordinance. SECTION IV - CONFLICTS. That all Ordinances or parts of Ordinances in conflict herewith are repealed. SECTION V - EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage and adoption. PASSED and ADOPTED this 13 day of May, 1980. CITY OF WINTER SPRINGS, FLORIDA By: TROY J. PILAND, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING April 8, 1980 by title only SECOND READING May 13, 1980 approved April 22, 1980. THIS ORDINANCE WAS POSTED 9th DAY OF Apr 1980 Mary T. Norton Signed City Clerk - 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 Tuesday, May 13, 1980, 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, 44.11, 44.16, 44.18, 44.19, 44.22.1 AND 44.23 OF THE WINTER SPRINGS CODE OF ORDINANCES ENTITLED ZONING; TO PROVIDE FOR THE ADOPTION OF SECTIONS 44.05, 44.06, 44.07, 44.11, 44.16, 44.18, 44.19, 44.19.1 AND 44.23; PROVIDING FOR SEVERABILITY, CONFLICTS 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 persons are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation of the City, one (1) time at least fifteen days prior to the time of the public hearing. Dated this 10th day of April, 1980. CITY OF WINTER SPRINGS, FLORIDA By: ~/.~ Mary T. Norton, City Clerk Evening Hendd An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared........................... .. . RI,J~D. .~ ... . j:\.q':Ll.~I?.Y. .. . .. .. .. .. . .. . .. . .. .. . .. . . .. . . .. . who on oath says that he is . .. Pf.f.ir:e. .Mp.I1ag!3.r........... .... .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a......... .~.~g.ql. .r~!J.U.C;:~......... ...... ...... ....... .in the matter of . .P.4Ql~~. fi.E?~J;'~ng. .:r.~;. .QfW~.~~~~.E;. F~~.P~.J~~.I.r~~. ~.~~.~~.~~.~. .qr .~~~~.... ..Of. ORDINJWCE.S.................................. ..in the.... .~.~~'.Cl.:l~.~..court, was published in said newspaper in the issues of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... .~p.x:~l. ;L.~J.. ;L.~~.q.............................................. 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 Count~ 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 subscribed before me this 18th . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of 2--.- x....' . ',""(:~"'...' ..'..... J~P~.r:~. /.... ..... .A, . D.19. ~.q /. ..' " :,,--' ; " . _' -0.:_."_<'" ."'). ,: t . . .... '. j" t/,~.", <'/,(/' ." ..i~'" .~~.~.t;'f."!(:"';"'-l,,~.I'-'~ .A~fUi' ........ ':' ,... t( A L,.S f FI 'd . r.Y' Public . 0 llry Pu ~hc, tate 0 Or! a at rgel' My commission expires June 12, 19Sj Bonded with Lawyers Surety Corp. . CITY OF WINTE:R SPRINGS, FLORIDA Notice of Public Hearing TO WHOM IT MA Y 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 Tuesday, May 13, 1980, at 7:30 p.m. or as soon thereafter as possible, to consider an Or. dinance entitled as follows: AN QRDINANCE OF THE CITY OF WI NTER SPR I NGS, FLOR. IDA, REPEALING SECTIONS 44.05,44.06,44.07,44.11,44.16,44.18, 44.19,44.22.1 .and 44.23 OF THE WINTER SPRINGS CODE OF ORDINANCES ENTITLED ZON. ING; TO PROVIDE FOR THE ADOPTION OF SECTIONS 44.05, 44.06,44.07,44.11, 44.16,44.18, 44.19, 44.19.1 and 44.23; PROVIDING FOR SEVERABILITY, CON. FLlCTS 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 allpe~sons desiring to examine same. All interested personsa~e invito ed to alte~d and i:le heard. THIS NOTICE is to be published in the Evening Herald, a newspaper, of general cirCUlation O.f the Cilly;;p~e (j) time at least fifteen da rlor to the time of the public heaJI)Q. Dated th~S)Oth day of April, 1980.\;{! City 0 Spri By: City Publish Apr. 18, 1980 DEU.77 ...