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HomeMy WebLinkAboutCode Master Project 1978: Chapter 261: Local Planning Agency (New)LDR Codification May 1990 § 261.01 LOCAL PLANNING AGENCY § 261. 03 CHAPTER 261 LOCAL PLANNING AGENCY Sec. 261.01 Designation and Establishment of Planning Agency. Pursuant to and in accordance with the provisions of Section 163 . 3174 , Florida Statutes, the Local Government Comprehensive Planning Act of 1975, the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida. Hereinafter, the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, and the two delegates at large shall be referred to as the Local Planning Agency. [Ord. No. 11-78, §l, 5 Sep 78; Ord. No. 17-85, §1, 19 Mar 85] Sec. 261 .02 Duties and Responsibilities of Local Planning Agency. The local planning agency, in accord- ance with the provisions of Section 163 .3161 through 163 .3211, Florida Statutes, shall: (a) Assume the general responsibility for the conduct of the comprehensive planning program and the preparation of the comprehen- sive plan for Cape Canaveral; (b) Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the comprehensive plans of other local governments and the State of Florida; (c) Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral, Florida, for adoption, and; (d) Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recommend to the City Council of the City of Cape Canaveral, Florida, such changes in the comprehensive plan as may from time to time be required. [Ord. No. 14-76, §2, 6 Jul 1976] Sec. 261 . 03 Designation of Agency, Department, Committee or Person to Prepare Comprehensive Plan. The City Council of the City of Cape Canaveral, Florida in cooperation with the local planning agency, may designate any agency, department, committee, or person to prepare Page Revised 19 Mar 85 § 261 .03 LOCAL PLANNING AGENCY § 261.08 134 the comprehensive plan for the City of Cape Canaveral, Florida, or any element thereof under the supervision and direction of the local planning agency. [Ord. No. 14-76 , §3, 6 Jul 1976] Sec . 261 .04 Organization, Rules and Procedures of the Agency. The initial and subsequent members of the local planning agency shall be appointed, shall select their officers and shall follow such rules of procedure as established in Ordinance No. 53-73, of the City of Cape Canaveral, Florida, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on January 3 , 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopted from time to time by the City Council of Cape Canaveral, Florida. [Ord. No. 14-76, §4, 6 Jul 1976] Sec. 261.05 Public Meetings and Records . All meetings of the local planning agency shall be open to the public and all records of such agency shall be public records . [Ord. No. 14-76 , §5, 6 Jul 1976] Sec. 261.06 Funding. The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff, fees and expenses necessary in the conduct of the work of the local planning agency and also establish a schedule of fees to be charged by the agency. [Ord. No. 14-76 , §6 , 6 Jul 1976] Sec. 261 .07 Severability. The provisions of this ordinance shall be deemed to be separate and independent of all other provisions herein, and if any provisions of this ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the validity of the remaining portion hereof . [Ord. No. 14-76 , §7 , 6 Jul 1976] Sec. 261.08 Any ordinance or resolution previously adopted by the City of Cape Canaveral which conflicts with the provisions hereof shall be deemed repealed to the extent of such conflict. [Ord. No. 14-76, §8, 6 Jul 1976] Amen 11-78 51 Sep. 1978 Done New Chap. 261 extra copy 7e ORDINANCE NO. 14-76 AN ORDINANCE DESIGNATING AND ESTABLISHING THE LOCAL PLANNING AGENCY PURSUANT TO SECTION 163 . 3174 , FLORIDA STATUTES; SETTING OUT THE DUTIES OF LOCAL PLANNING AGENCY, PROVIDING FOR DESIGNATION OF AGENCY, DEPART- MENT, COMMITTEE OR PERSON TO PREPARE COM- PREHENSIVE PLAN; PROVIDING ORGANIZATION, RULES AND PROCEDURES OF LOCAL PLANNING AGENCY; PROVIDING MEETINGS AND RECORDS SHALL BE PUBLIC; PROVIDING FUNDING; PROVIDING SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND RESOLU- TIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of Florida did enact Sections 163.3161 through 163 . 3211 of the Florida Statutes, known as the Local Government Comprehensive Planning Act of 1975; and WHEREAS, Section 163.3167 (2)', Florida Statutes requires that each county and each municipality within this State shall prepare and adopt a comprehensive plan of the type set out in such Act on or before July 1, 1979; and WHEREAS, Section 163.3167 (8) , Florida Statutes, requires that each unit of local government shall officially inform the state land planning agency and the appropriate regional planning agency of its designation of a local planning agency pursuant to Section 163.3174, Florida Statutes, on or before July 1, 1976; and WHEREAS, Section 163.3174 (1) , Florida Statutes, states that the local planning agency may be a local planning commission, the planning department of the local government, or other instrumentality; and WHEREAS, Section 163 . 3174, parts (2) , (3) , (4) and (5) , Florida Statutes, sets out those provisions which should be included in the ordinance designating the local planning agency, sets out the powers which such local planning agency may be granted and sets out the duties which such local planning agency shall have; and WHEREAS, the City Council of the City of Cape Canaveral, Florida is desirous of complying with the require- ments of the Local Government ComprehenSive Planning Act of 1975. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OE CAPE CANAVERAL, FLORIDA, that: Section 1 . A new Ordinance of the Code of the City of Cape Canaveral, Florida, to be designated as Chapter 261 of said Code, is hereby adopted to read as follows: Changed 11-78 5, 1978 CHAPTER 261 LOCAL PLANNING AGENCY Section 261. 01 Designation and Establishment of Local Planning Agency. Pursuant to, and in accordance with the provisions of Section 163. 3174 , Florida Statutes, the Local Government Comprehensive Planning Act of 1975, the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the local planning agency for the City of Cape Canaveral, Florida. Hereinafter, the Planning and Zoning Board of the City of Cape Canaveral, Florida shall be referred to as the local planning agency. SECTION 261. 02 Duties and Responsibilities of Local Planning Agency. The local planning agency, in accordance with the provisions of Section 163 . 3161 through 163.3211, Florida Statutes, shall: (a) Assume the general responsibility for the conduct of the comprehensive planning pro- gram and the preparation of the comprehen- sive plan for Cape Canaveral; (b) Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the comprehensive plans of other local governments and the State of Florida; (c) Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral, Florida, for adoption; and (d) Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recommend. to the City Council of the City of Cape Canaveral, Florida such changes in the comprehensive plan as may from time to time be required. Section 261. 03 Designation of Agency, Depart- ment, Committee or Person to Prepare Comprehensive Plan. The City Council of the City of Cape Canaveral, Florida in cooperation with the local planning agency, may desi- nate any agency, department, committee, or person to ORDINANCE NO. 14-76 PAGE 2 OF 4 prepare the comprehensive plan for the City of Cape Canaveral, Florida, or any element thereof under the supervision and direction of the local planning agency. Section 261 . 04 Organization; Rules and Pro- cedures of the Agency. The initial and subsequent mem- bers of the local planning agency shall be appointed, shall select their officers and shall follow such rules of procedure as established in Ordinance NO. 53-73, of the City of Cape Canaveral, Florida, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on January 3 , 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopted from time to time by the City Council of Cape Canaveral, Florida. Section 261. 05 Public Meetings and Records. All meetings of the local planning agency shall be open to the public and all records of such agency shall be public records. SEction 261. 06 Funding.The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff , fees and expenses necessary in the conduct of the work of the local planning agency and also establish a schedule of fees to be charged by the agency. Section 261. 07 Severability The provisions of this ordinance shall be deemed to be separate and independent of all other provisions herein and if any Provisions of this ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the validity of the remaining portion hereof. Section 261 . 08 Any ordinance or resolution previously adopted by the City of Cape Canaveral which ORDINANCE NO. 14-76 PAGE 3 OF 4 conflicts with the provisions hereof shall be deemed repealed to the extent of such conflict. Section 2 . Effective Date. This ordinance shall become effective upon passage as provided by law. DONE, ORDERED AND ADOPTED in Regular Session this 6th day of July, 1976. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [signature] City Attorney Yes NO Mayor Nicholas YES F. HOog YES J. Murphy YES G. Salvaggio YES A. Thum YES FIRST READING: 6-1-76 POSTED: 6-2-76 ADVERTISED: 6-7-76 SECOND READING: 7-6-76 ORDINANCE NO. 14-76 PAGE 4 OF 4 17-75 8/12/75 261 261 Common Dew Board 27-75 11/25/75 8-76 5/4/76 14-76 76/76 19-76 9/7/76 11-78 5/20/78 Shirley ORDINANCE NO. 11-78 AN ORDINANCE AMENDING CHAPTER 261, ENTITLED LOCAL PLANNING AGENCY, OF THE CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY PROVIDING FOR TWO ADDITIONAL MEMBERS AT LARGE TO BE APPOINTED TO THE LOCAL PLANNING AGENCY; REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 261, Local Planning Agency, of the Code of the City of Cape Canaveral, Florida, is hereby amended as follows: Section 261. 01 "Designation and establishment of Local Planning Agency" is deleted in its entirety, and the following new sub-section substituted therefor: "Section 261.01 Designation and establishment of Local Planning Agency Pursuant to and in accordance with the provisions of Section 163.3174, Florida Statutes, the local Covernment Comprehensive Planning Act of 1975, the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida, and in addition, two members at large shall be appointed by the City Council of the City of Cape Canaveral, Florida, to be regular members of the Local Planning Agency for the City of Cape Canaveral, Florida. Hereinafter, the Planning and Zoning Board of the City of Cape Canaveral, Florida, and the two delegates at large shall be referred to as the Local Planning Agency." Ord. No. 11-28 SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5 day of September , 1978. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [signature] City Attorney NAME YES NO BOYD YES LEE YES MURPHY YES RIGERMAN YES THURM YES ORDINANCE NO. 17-85 AN ORDINANCE AMENDING CODE CHAPTER 261, LOCAL PLANNING AGENCY, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY DESIGNATING REGULAR AND ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD AS THE LOCAL PLANNING AGENCY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1. Chapter 261, Local Planning Agency, is hereby amended by deleting Section 261 . 01 in its entirety and replacing with the following : Sec . 261 . 01 Designation and Establishment of Planning Agency. Pursuant to and in accordance with the provisions of Section 163 . 3174 , Florida Statutes, the Local Government Comprehensive Planning Act of 1975, the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida. Hereinafter, the five regular and two alternate members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, and the two delegates at large shall be referred to as the Local Planning Agency. [Ord. No. 11-78 §1, 5 Sep 78; Ord. No. 17-85, §1, 19 Mar 85] SECTION 2 . Alt-portions of the code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19tF ay of March , 1985. [signature] Mayor Attest: [signature] City Clerk Approved as to Form: [signature] City Attorney First Reading: 3-5-85 Posted: 3-6-85 Advertised: 3-9-85 Second Reading: 3-19-85 NAME YES NO FISCHETTI YES MARCHETTI [no marking] NICHOLAS YES RUTHERFORD YES WINCHESTER YES § 261. 01 LOCAL PLANNING AGENCY § 261. 03 CHAPTER 261 LOCAL PLANNING AGENCY Copy from Ord Sec. 261.02 Duties and Responsibilities of Local Plan- ning Agency. The local planning agency, in accordance with the provisions of Section 163 . 3161 through 163 . 3211, Florida Statutes, shall : (a) Assume the general responsibility for the conduct of the comprehensive planning program and the pre- paration of the comprehensive plan for Cape Canaveral; (b) Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the comprehen- sive plans of other local governments and the State of Florida; (c) Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral , Florida, for adoption, and (d) Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recom- mend to the City Council of the City of Cape Canaveral, Florida, such changes in the comprehensive plan as may from time to time be required. [Ord. No. 14-76 , § 2 , 6 Jul 1976] Sec. 261. 03 Designation of Agency, Department, Committee or Person to Prepare Comprehensive Plan. The City Council of the City of Cape Canaveral, Florida in cooperation with the local planning agency, may designate any agency, department, PAGE REVISED 19 MAR 85 § 2 61. 0 3 LOCAL PLANNING AGENCY § 261. 08 committee, or person to prepare the comprehensive plan for the City of Cape Canaveral, Florida, or any element there- of under the supervision and direction of the local planning agency. [Ord. No. 14-76 , § 3, 6 Jul 1976] Sec. 261. 04 Organization, Rules and Procedures of the Agency. The initial and subsequent members of the local planning agency shall be appointed, shall select their officers and shall follow such rules of procedure as estab- lished in Ordinance No. 53-73 , of the City of Cape Canaveral Florida, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on January 3 , 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopted from time to time by the City Council of Cape Canaveral, Florida. [Ord. No. 14-76 , § 4, 6 Jul 1976] Sec. 261. 05 Public Meetings and Records . All meetings of the local planning agency shall be open to the public and all records of such agency shall be public records . [Ord. No. 14-76 , § 5, 6 Jul 1976] Sec. 261 . 06 Funding. The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff, fees and expenses necessary in the conduct of the work of the local planning agency and also establish a schedule of fees to be charged by the agency. [Ord. No. 14-76 , § 6 , 6 Jul 1976] Sec. 261 . 07 Severability. The provisions of this or- dinance shall be deemed to be separate and independent of all other provisions herein and if any provisions of this ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the validity of the remaining portion hereof. [Ord. No. 14-76 , § 7, 6 Jul 1976] Sec. 261. 08 Any ordinance or resolution previously adopted by the City of Cape Canaveral which conflicts with the provisions hereof shall be deemed repealed to the ex- tent of such conflict. [Ord No. 14-76 , § 8, 6 Jul 1976]