HomeMy WebLinkAboutCode Master Project 1978: Chapter 259: Zoning Board of AdjustmentCH 259.0
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B4A
ORDINANCE NO. 34-74
AN ORDINANCE REPEALING ORDINANCE NO. 7-72,
WHICH ORDINANCE ADOPTED SPECIFIC PROVISIONS
OF CHAPTER 176 ORIDA STATUTES, PERTAINING
TO THE ZONING BOARD OF ADJUSTMENT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, known as the
Municipal Home Rule Powers Act, repealed Chapter 176, which dealt with
municipal zoning powers; and
WHEREAS, pursuant to Chapter 176, the City of Cape Canaveral,
Florida, adopted specifically certain provisions of Chapter 176 dealing with
the Zoning Board of Adjustment; and
WHEREAS, the City's Zoning Ordinance provides : adequate
regulations, provisions and powers of the Board of Adjustment; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, finds it to be in the best interest of the City of Cape Canaveral to
repeal Ordinance No. 7-72 to preserve the City's home rule powers;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance No. 7-72 of the City of Cape Canaveral
is hereby repealed in its entirety.
SECTION 2. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 4th day of February, , 1975.
[signature]
Mayor Pro Tem
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
FIRST READING: 1/7/75
POSTED: 1/10/75
SECOND READING: 2/4/75
ADVERTISED: 1/13/75
NAME YES NO ABS
MACLAY YES
NICHOLAS YES
RHAME YES
SALVAGGIO YES
THURM YES
Chap 259
ORDINANCE NO. 7-72 (AS AMENDED)
259.01 ESTABLISHING BOARD OF ADJUSTMENTS.
SECTION 1 . THE CITY OF CAPE CANAVERAL, FLORIDA, HEREBY
ADOPTS THE FOLLOWING SECTIONS OF CHAPTER 176, FLORIDA STATUTES AND
ALL FUTURE AMENDMENTS THERETO, FOR THE PURPOSE OF ESTABLISHING A
BOARD OF ADJUSTMENTS IN ACCORDANCE WITH SAID CHAPTER :
176 . 08 ESTABLISHING A BOARD OF ADJUSTMENT;
176 . 09 MEMBERS OF THE BOARD OF ADJUSTMENT;
176 . 10 PROCEEDINGS OF THE BOARD OF ADJUSTMENT;
176 . 11 APPEALS TO THE BOARD OF ADJUSTMENT;
176 . 12 STAY OF PROCEEDINGS UPON APPEAL TO THE BOARD
OF ADJUSTMENT;
176 . 13 HEARING OF APPEAL AND NOTICE REQUIREMENTS;
176 . 14 POWERS OF THE BOARD OF ADJUSTMENT;
176 . 15 DECISIONS OF THE BOARD OF ADJUSTMENT;
176 . 16 REVIEW OF THE BOARD OF ADJUSTMENT ' S DECISIONS
BY THE CIRCUIT COURT;
176 . 17 WRIT OF CERTIORARI DIRECTED TO THE BOARD OF
ADJUSTMENT;
176 . 18 RETURN OF WRIT OF CERTIORARI TO THE BOARD OF
ADJUSTMENT;
176 . 19 DECISION OF THE COURT AND TAKING OF EVIDENCE
OR APPOINTING A REFEREE TO TAKE EVIDENCE;
176 . 20 COSTS OF AN APPEAL;
176 . 21 PREFERENCE OF PROCEEDINGS . .
(Ord No. 7-72, 1, 5 July 1972)
PAGE 1 OF 2
CANDIDATES OR APPLICANTS FOR MEMBERSHIP ON THE
BOARD OF ADJUSTMENT MUST POSSESS THE FOLLOWING MINIMUM QUALIFICATIONS
BEFORE BEING APPOINTED TO THE BOARD : (1) BE A RESIDENT OF THE CITY
CAPE CANAVERAL, FLORIDA FOR ONE YEAR; (2) BE A REGISTERED VOTER IN
THE CITY OF CAPE CANAVERAL, FLORIDA, AND (3) SHALL NOT BE A MEMBER
OF THE CITY COUNCIL OR OF THE ZONING AND PLANNING BOARD OF THE CITY .
(Ord 7-72, 2, 5 July 1972)
ALL REFERENCES TO "ORDINANCE" IN 176 . 08, 176 . 14
AND 176 . 15 SHALL BE DEEMED TO REFER TO THE ZONING REGULATIONS
AND ANY AMENDMENTS THERETO.
[signature]
MAYOR
ATTEST:
[signature]
CITY CLERK
APPROVED AS TO FORM:
[signature]
CITY ATTORNEY
FIRST READING: JUNE 20, 1972
POSTED: JUNE 21, 1972
SECOND READING: JULY 5, 1972
*AMENDED ON SECOND READING
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