HomeMy WebLinkAboutOrdinance No. 53-1973•
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f I CROHLM[ED 3044-80
ORDINANCE NUMBER 53 -73
AN ORDINANCE CREATING A PLANNING AND ZONING BOARD OF THE
CITY OF CAPE CANAVERAL; PRESCRIBING NUMBER OF MEMBERS;
PROVIDING TERMS OF OFFICE; PROVIDING POWERS AND. DUTIES;
VALIDATING OFFICIAL ACTS OF PAST PLANNING AND ZONING
BOARDS; REPEALING ORDINANCE NUMBER 18 -63, AS AMENDED;
PROVIDING AN EFFECTIVE DATE.
Whereas, Section 2, Article XVI of House Bill No. 167, enacted
by the 1963 Session of the Florida Legislature, the same being the
Charter of the City of Cape Canaveral, requires that the City Council
shall create a Planning and Zoning Board of the City of Cape Canaveral
and further requires that "The number of members to serve on the
Board and its duties shall be prescribed by ordinance of the Council."
Therefore, be it ordained and enacted by the City Council of the
City of Cape Canaveral, County of Brevard, State of Florida,. that:
SECTION 1. MEMBERSHIP OF BOARD
A Board to be known as the 'Planning and Zoning Board of the
City of Cape Canaveral" is hereby established.
The Board shall consist of seven members. Five permanent
members shall have full voting rights. Two alternate members shall
be restricted from voting except as specified in Section VIII hereof.
1. The two permanent members whose terms presently expire
on the third Tuesday in June, 1974, are hereby re- appointed to a new
term expiring on September 15, 1974; one alternate member shall be
appointed to a term expiring on the same date.
2. The three permanent members whose terms presently expire
on the third Tuesday in June 1975, are hereby reappointed to a new
term expiring on September 15, 1975; one alternate member shall be
appointed to a term expiring on the same date.
3. All terms of office thereafter shall be for two years.
4. The two alternate Board members shall be appointed as soon
as practical after adoption of this ordinance.
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NI I OROFILMIED3 -l4 °8O
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5. Appointments to the board shall be made by majority vote of
the City Council.
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6. The Board shall hold its organizational meeting at the first
regular meeting after September 15th each year, and from its per-
manent membership elect its chairman who shall hold office as
chairman for a period of one year.
SECTION II. QUALIFICATIONS
Each person appointed to the Planning and Zoning Board of the
City of Cape Canaveral shall meet the following qualifications:
registered
1. A gzwciaiizi voter of the City of Cape Canaveral.
2. A resident of the City of Cape Canaveral for at least
12 months immediately preceding appointment.
The members of the Planning and Zoning Board shall serve
without compensation.
SECTION III. EX- OFFICIO MEMBERS
The Planning and Zoning Board may appoint ex- officio members
who shall serve the Board in an advisory capacity. Each ex- officio
member shall be appointed by majority vote of the Board and shall
serve for a term to be determined by the Board, but not to expire
15th day of September.
later than the . thud. T - .s irasa-,I.0 .£allows ..a.ppoi exLt
SECTION IV. QUALIFICATIONS OF EX- OFFICIO MEMBERS
Ex- officio members of the Planning and Zoning Board of the
City of Cape Canaveral shall be bonafide residents of Brevard County,
but need not be a qualified voter of the City of Cape Canaveral.
Ex- officio members shall be versed by education or experience
in the field of municipal planning, zoning, or other specified areas in
which their advice will be solicited.
Ex- officio members shall not vote on matters before the Planning
and Zoning Board, but shall serve. the Board in an advisory capacity
only.,
The City Council of the City of Cape Canaveral may provide funds
for reasonable compensation for ex- officio members who do not desire
to donate their services. Reimbursement for out of pocket expenses
for ex- officio members may also be provided.
As amended 11/7/73
MICROFILMED 344-80
SECTION V. CONFLICT OF INTEREST
No member of the Planning and Zoning Board (permanent member,
alternate member or ex- officio member), shall benefit, directly or in-
directly in any matter coming before the Board; nor shall any such
member accept personal gifts or gratuity services given with the in-
tention of influencing such member in his consideration, vote, action,
favor or recommendation as to an official matter before the Board.
Any member of the Board who has an interest, direct or indirect, in
any matter before the Board shall make his interest known to the full
Board and forthwith disqualify himself from consideration of the said
matter.
SECTION VI. RULES OF PROCEDURE
The Planning and Zoning Board shall adopt its own Rules of
Procedure, and rules of order by majority vote of the permanent
Board.
SECTION VII. QUORUM
Three voting members of the Planning and Zoning Board shall
constitute a quorum; however, all official actions of the Board must
VOTING PRESENT,
be by majority vote of all 14XXXVXDOMt me mbers 000300e00=1; i.e. ,
xxxxxxxxxxxima (permanent members and /or voting alternate members)
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AMENDED .1 -3 -74
SECTION VIII. ALTERNATE MEMBERS -- VOTING RIGHTS
The Alternate: Board Member whose term of office expires on
September 15, 1975 shall be designated as the First Alternate. At
such time as this First Alternate Board Member loses his Alternate
Board member status by leaving the Board or by appointment as a
Permanent Board Member, and thereafter, the First Alternate
Board Member shall be that Alternate Board Member with the longer
service as an Alternate Member.
The remaining Alternate Board Member shall be designated as
the Second Alternate Board Member.
FILMED 3.14-80
In the absence of a Permanent Board Member from an official
Board Meeting, the First Alternate Board Member shall assume all .
duties of the absent Permanent Member, including the right to vote on
any matter before the Board at that meeting.
If two or more Permanent Board Members are absent from an
official Board Meeting, the Second Alternate Member shall assume all
duties of an absent Permanent Member, including the right to vote on
any matter before the Board at that meeting.
In the absence of the First Alternate Board Member from an
official Board Meeting, the Second Alternate Board Member shall act
in the place of the absent First Alternate, including the right to vote
on matters before the Board at that meeting if a Permanent. Member is
also absent at that meeting.
SECTION IX. MINUTES
The Planning and Zoning Board shall designate a Secretary whose
duties shall include the keeping of minutes of all the Board's meetings,
and record the Board's actions and recommendations,
The City Clerk of the City of Cape Canaveral shall be custodian
of all records of the Board and such records shall be maintained in
City Hall, Cape Canaveral, Florida.
SECTION X. DUTIES
The Planning and Zoning Board of the City of Cape Canaveral
shall operate exclusively in an advisory capacity to the City Council
and no ruling, decision or recommendation of said Board shall be
binding on said Council.
The Board shall perform such duties as are conferred on it by
the Charter and Ordinances of the City of Cape Canaveral and shall,
from tii,e to time, make studies on planning and zoning•matters af-
fecting the health, welfare, safety and morals of people of the City of
Cape Canaveral.
No problem or situation relating to zoning shall be submitted to
the City Council prior to being submitted to, and acted upon, by the
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MWWROF9LMED 3 ®14-39
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Planning and Zoning Board of the City of Cape Canaveral. Such problems
or situations relating to zoning shall include, but not be limited to, the
following:
1. Changes in zone classification.
2. Changes in zoning district boundaries and zoning map.
3. Review and revision of zoning ordinances.
4. Recommendations concerning a master plan and periodic
review thereof.
The Planning and Zoning Board shall make recommendations
to the Board of Adjustment concerning Special Exceptions and Vari-
ances in accordance with the Zoning Regulations of the City of Cape
Canaveral.
The Board Secretary shall, after each meeting of the Planning and
Zoning Board, transmit a copy of the Board's minutes to each member
of the City Council, the City Clerk, and the 'City Attorney. Such minutes
shall include the Board's recommendations on any matter 0orn.ng
before_it,' including a short statement setting forth the facts upon
which the Board's recommendations were based as well as the Board's
reasons for the said recommendation.
SECTION XL MASTER PLAN - PREPARATION AND SCOPE
The Planning and Zoning Board shall prepare a comprehensive
master plan for the welfare, recreational, economic and physical de-
velopment of the incorporated areas of the City of Cape Canaveral.
The purpose of the master plan shall be to guide and accomplish a
coordinated and harmonious development of the entire city, which will,
in accordance with existing and future needs, best promote the public
health, safety, convenience, prosperity and general welfare of the city
as well as efficiency and economy in the process of city development.
The master plan shall include a coordinated, uniform plan for :.
1. Land Use
2. Traffic circulation and roads
3. Public Utilities
4. Transportation
5. Public facilities, including schools, . parks, playgrounds, and
other public areas
6. Long range program for public improvement.
MICRSILMED 3-14-80
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SECTION XII. MASTER PLAN - PREPARATION AND RECOMMENDATION
FOR ADOPTION
The master plan shall be prepared by the Planning and Zoning
Board of the City of Cape Canaveral or under its direction. After
review by the Board, its recommended master plan as a whole, or in
geographic areas, shall be submitted to City Council for adoption. The
recommendation shall refer expressly to the maps, descriptive material
and other matters intended to be part of the plan, all of which shall be
identified by the signature of the Chairman, of the Planning and Zoning
Board, together with the date thereof.
The master plan recommendation, in whole or in part, shall
require majority vote of t1 Planning and Zoning Board, as specified
. in Section VII hereof.
Before adoption of the plan, or any portion thereof, a public
hearing shall be held by City Council at which all persons shall have
an opportunity to be heard. At least fifteen (15) days notice of the
time and place of such public hearing and its purpose shall be published
in a daily newspaper of general circulation in the City of Cape Canaveral:
SECTION XIII, MASTER PLAN - APPROVAL BY CITY COUNCIL
The master plan or such portions thereof as may be recommended
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to the City Council by the Planning and Zoning Board shall be formally
NACTED UPON ^AMENDED
- apilarawd, by the City Council within ninety (90) days from the date of 1 -3 -74
such submission.
Any master plan, or part thereof, which is disapproved by the
City Council shall be referred back to the Planning and Zoning Board
for further consideration and study, with or without recommendations.
SECTION XIV. MASTER PLAN - DISSEMINATION Off' COPIES
Upon adoption by the City Council, and compliance with Sections
XI, XII, and XIII hereof, the raster plan or part thereof, shall be
disseminated. Copi .,s shall be furnished to the City Clerk, City At-
torney, Builing Official, Department of Public Works, and any
...apartments concerned.
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V c o HLMEL 344-$6
SECTION XV. REPEAL OF CONFLICTING ORDINANCES
Ordinance Number 18 -63, as amended, is hereby abolished and
repealed;
Ordinance Number 22-65 is hereby abolished and repealed; and
All other City of Cape Canaveral ordinances, resolutions or gen-
eral laws, or any part thereof, in conflict with any provision of this
ordinance are hereby abolished and repealed:
SECTION XVI.
This ordinance shall take effect immediately upon its adoption.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE .CANAVERAL, FLORIDA, THIS
3RD DAY OF JANUARY
1974.
PPaOVED AS TO FORM:
CITY ATTORNEY
FIRST READING:
ADVERTISED: DEC
POSTED: DEC. 5,
SECOND READING:
DEC. 4, 1973
.10, 1973
1973
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