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3809-841 ,r } r !4 S e Y ORDINANCE NO. 3809-84 -1- AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 131.016, BOARD OF ADJUSTMENT jxND APPEAL ON ZONING, OF CHAPTER 131, ZONING, OF TITLE XI, BUILDING AND ZONING REGULATIONS, OF THE CODE OF ORDINI-hNCES, CITY OF CLEARWATER, TO CLARIFY THE 'T'ERM FOR WHICH VACANCIES WILL DE FILLED; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR THE REVEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, on December 6, 1984 , the City Commission of.the City of Clearwater, after proper public notice, held a public hearing on certain proposed changes to the zoning Ordinance of the City of Clearwater in accordance with procedure as established; and WHEREAS, the City Commission has fully considered the recommendations and report of the Planning and Zoning Board relative to the certain proposed changes to the Zoning Ordinance; and WHEREAS, certain of the proposed changes and amendments to the Zoning Ordinance were approved by the City Commission after its evaluation of all evidence presented at the said public hearing; and WHEREAS, the Local Government Comprehensive Planning Act' (LGCPA) requires that all development regulations and amendments' .thereto related to an adopted comprehensive plan or element thereof be reviewed by the Local Planning Agency (LPA) for conformance with plans adopted pursuant to the LGCPA; and WHEREAS, the Pinellas County Planning Council (PCPC) has been designated the Local Planning Agency for Pinellas County and the PCPC has adopted guidelines with reference to such required referral process; and WHEREAS, this Ordinance has been referred to and considered by the.PCPC under said process; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:.. Section 1. That Sub-section (a), Creation, of Section 131.016, Board of adjustment and appeal on zoning, of chapter 131...1tc; 4.ng, -of Title XI, Building and Zoning Regulations, of the Code of Ordinances, City of Clearwater, be and the same is hereby amended to read as followse Ord. 3869-84 0 12/20/84 ns, Sec. 131.016. Bonrd of adjustment and appeal on zoning. (a) Creation. The board of adjustment and appeal on zoning is hereby established. The word "board" when used in this section shall be construed to mean the board of adjustment and appeal on zoning. The board shall consist of five (5) members, all of whom shfill be taxpayers and residents of the city, each of whom shall be appointed by a majority vote of the city commission. The term of office of the members of the board shall be for three (3) years, excepting that the membership of the board appointed shall serve respectively for terms of two (2) for one year, two (2) for Vao (2) years, and one for three (3) years. Thereafter, members shall be appointed for terms of three (3) years each. Vaeaneies-shall: beY-filled-€er-an-uneHpired-terra-enlyr Members shall be removed for cause by the city commission, upon written charges and after public hearing. Members shall receive such compensation as may from time to time be set by the city commission. Section 2. The City of Clearwater does hereby certify that the measures contained in this ordinance are consistent and in conformance with the City's Comprehensive Plan and individual elements thereof adopted pursuant to the LGCPA and directs that same be for';arded'to the LPA for their receipt and appropriate auti.on. Section 3. Should any part or provision of this ordinance i be declared by a court of competent•jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 4. All ordinances or parts of ordinances in conflict herewith are'to the extent of such conflict hereby repealed. Section 5. Notice of the proposed enactment of this ordinance has been properly advertised in a newspaper of general circulation in accordance with Section 166.041, Florida Statutes. Section 6. The provisions of this ordinance shall take effect immediately upon its passage. PASSED ON FIRST READING December 6, 1984 PASSED ON SECOND AND FINAL READING AND ADOPTED Attest:' City, 07.erk_ :- 'ord. 38019-84 F u . -2- 12/20/84