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HomeMy WebLinkAboutOrdinance No. 18-1963 o MICROFILMED 0 '' Ekft - 3-13-80 ORD. i8- .�S ORD, 7 73 ORDINANCE NUMBER 18-63,. AN ORDINANCE CREATING A BOARD TO BE KNOWN AS THE ZONING AND PLANNING BOARD OF THE CITY OF CAPE CANAVERAL; `PRESCRIBING NUMBER OF MEMBERS; PROVIDING TERMS OF OFFICE;. PROVIDING POWERS AND DUTIES ; PROVIDING RULES OF PROCEDURE OF THE BOARD; VALIDATING OFFICIAL ACTS OF PAST ZONING AND PLANNING BOARDS ; PROVIDING AN Eb- FECTIVE DATE WHEREAS , Section 2 of 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 board to be known as the Zoning and Planning 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 ordinanceof the -Council" THEREFORE, BE IT ORDAINED AND ENACTED BY THE. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL , COUNTY OF BRUVARD, STATE OF FLORIDA, THAT : SECTION I : MEMBERSHIP OF BOARD. - A board to be known as the "Toning and P1nnning Board - of-the City of Cape Canaveral" is hereby .established. The board _ shall consist of five members. Two ofsuch: members shall be appointed to 'a term ofoffice expiring on 'the third- Tuesday in June, 1964, and three of such members shall be appointed to a term- of :office expiring on the third Tuesday in June, 1965. Ap- pointments to the said board" thereafter shall be for a two year term. Appointments to the said board shall be made by majority vote of the city council on the third Tuesday of June of each year. The said board shall hold,its organizational meeting on the first Tuesday in July of each year and from its membership elect -its chairman, who shall hold office as chairman for a period of one year. . - SECTION II. QUALIFICATIONS. . _ ._ No person 'shall be appointed to the Zoning and Planning Board of the City of Cape Canaveral who is not a qualified voter of the City and who has not resided in the City of Cape Canaveral for a perioct.‘of six months immediately preceding his appointment • 0 M ICROFILM'E® 0 3-13-80 and in the State of Florida for- twelve months immediately pre- ceding such appointment , and- shall be an 'owner of real property located in the City of Cape Canaveral, Florida. The members of said board shall serve without compensation. SECTION III. : EX OFFICIO MEMBERS. There shall be appointed to' the Zoning and Planning Board of the City of Cape Canaveral, three ex officiomembers who shall serve such board in an advisory capacity. The said ex officio members shall be appointed by majority vote by the, Zoning and Planning Board for a term, of one year, the first term of office expiring on the third Tuesday in June, 1964 and expiring on the like date of each succeeding year. ' SECTION IV. EX OFFICIO MEMBERS - QUALIFICATIONS. Ex officio members of the Zoning and Planning Board of the City of Cape Canaveral shall be bonified residents of the County of Brevard, State of Florida, but need not be a qualified voter of the City of Cape Canaveral, Florida. Such ex officio members shall be versed by schooling or experience in the field XC of 'municipal® planning and zoning and shall be persons that earn a portion of their livelihood in either city or county planning and zoning matters. 'Ex officio members shall not, have the power of vote on matters before the Zoning and Planning Board of the City of Cape Canaveral, but shall serve only in an advisory capa- city to said board. The city' council may provide funds in the city's budget for reasonable compensation for p ex officio members and reimbursement of out-of-pocket expenses. SECTION V. MEETINGS.. The Zoning and Planning Board of the City of Cape Canaveral shall meet at seven-thirty o 'clock P.M. on the first and third Thursday 'of each month-and at such other times as the urgencies of matters coming before the board shall necessitate. SECTION VI. CONFLICT OF INTEREST. ' No member:-:' of-the' Zoning and Planning Board of the City -2- M ICROPILME® 3-13-30 of Cape Canaveral, ,either actual or ex officio, shall benefit , directly or indirectly, in any matter coming before the board, nor shall any such member or .ex officio member accept personal gifts or gratuity services given with the intention of influencing 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 •int ere st known to the full board and forth- with disqualify himself from consideration of the said matter. SECTION VII. RULES OF PROCEDURE. The Zoning and Planning Board of the City of Cape Canaveral shall-recommend, its, own rules of,'procedure and rules of order to the city council for their adoption of said rules by proper ordinanc•e;.. , SECTION VIII. QUORUM. Three members of the Zoning and Planning Board of the City of Cape Canaveral shall constitute a quorum, however, all official actions,, of said board must be by majority vote of the said board; i.e. , three members must vote either affirmatively or negatively on any matter before the board to constitute of- ficial . boa. d action. SECTION IX. : .MINUTES, The city clerk or his designate shall serve the Zoning and Planning Board ofthe City of Cape Canaveral as secretary andshall keep minutes of all of the board' s meetings, and record the board' s actions and recommendations. The said city clerk shall be custodian of all records of the board and such records shall be maintained in the city clerk' s office , City Hall , Cape Canaveral , Florida. SECTION. X. DUTIES. -The Zoning and Planning Board of the City of Cape Canaveral shall operate exclusively in an advisory capacity to the city counciland no ruling, decision, or recommendation of the said board shall be binding upon the said council. The said board shall perform such duties as are conferred on it by the charter and ordinances of the City of Cape Canaveral and shall , from time to time , make studies on planning and zoning matters -3-.. . ; Q M IC.ROFILMED: c • 3-13-80 affecting 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 Zoning, and Planning Board of the. City of Cape. Canaveral. Such problems or situations relating to zoning shall include, but not be limited to , the following matters:' (1) Changes in zone classification (2) Variances from acne classification (3) Adoption of city zoning map (4) Review of zoning ordinances (5) Adoption of a master plan. The board secretary shall, after each, meeting 'of the board, trans- mit. a copy of the board' s minutes to each member of the city council and to the city attorney. Such minutes shall include the board's recommendations on any matter coming before it and such recommendations shall include a' short statement setting forth the facts upon which the board's recommendations were based as well as the board' s reason for the said recommendation. SECTION XI. MASTER PLAN .- PREPARATION; SCOPE. The Zoning and Planning Board of the City of Cape Canaveral shall prepare a comprehensive master plan for the welfare, recreational , economic and physical development of the incorporated areas of the city. The master plan shall be based on existing and anticipated needs and shall include a coordinated , uniform plan for land use, traffic circulation and roads, public utilities, transportation and public facilities such as schools, parks, playgrounds and other public areas. The board, acting in conjunction with the city fiscal agent , shall include in said master plan a long range program for public„improvement. 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 -4- •. MICROFILMED O 3-13-80 welfare of the city as well as efficiency and economy in the process of city development . SECTION XII. , VASTER PLAN - ADOPTION; CERTIFICATION.: The master plan shall be adopted by the Zoning and Planning Board of the City of Cape Canaveral either as a whole or in such substantial portions ascorrespond' generally with functional or geographic areas. Before adoption of the plan or any portion of the plan, a public hearing shall be held 'at which all persons shall have an opportunity to be heard. ' At least fifteen days ' notice 'of the time and place of such hearing and its purpose shall, be published in a daily newspaper of general circulation in the. city.. The plan shall be adopted by majority vote of the entire membership of the Zoning and Planning Board. The adopting resolution shall refer expressly to the maps', ' des- cript.ive material and, other matters intended to be a part of the plan, all of which shall be identified by the signature, of the chairman of the Zoning and Planning Board, together with the date thereof. Upon adoption, ;a..c'dpy of.' ;the :plan '''and 'resolutions , with all parts thereof, shallbe certified, to .the city council. SECTION XIII. MASTER PLAN - APPROVAL BY CITY COUNCIL. The master plan or such portions thereof as may be certified to the city council by the Zoning and Planning Board shall be formally approved by the city council within ninety. days from' 'date- of such certification. Any master "plan °or part thereof which is disapproved by the city council shall be referred, back to the Zoning and Planning. Board for further-consideration and study, with or without- recommendations. SECTION XIV. MASTER PLAN - LEGAL STATUS ; COPIES TO DEPARTMENT. Whenever the-master plan or portion of such master plan covering the areas involved has been adopted by the Zoning and Planning Board of the City of Cape Canaveral andapproved by the city council, copies shall be furnished to the department of building and zoning, department of public works, and any other departments concerned,• and made a part of the 'public record. —5- '4;. , 4 , MICROFILMED ' 3.13-8® SECTION XV. All ordinances in conflict herewith are repealed. SECTION XVI. This ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 3 day of .,.-.La _' 1963. • • c t�� `t1v Mayor C;292."'r Att e s- s � d` i 1 • C1€y`'G ,P 1st reading 2nd and Final reading - Posted on City Bulletin Board at City Hall on .720i) ,1-6 -63 • -6-