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ORDINANCE NO. 4218-86
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; AMENDING
SECTIONS 137.019 and 137.020, CODE OF ORDINANCES, TO
ESTABLISH THE QUORUM FOR THE PLANNING AND .I.ONiNG
BOARD AND THE DEVELOPMENT CODE ADJUSTMENT BOARD,
AND CLARIFY THE VOTING REQUIREMENTS FOR CONDITIONAL
USE APPROVALS BY THE PLANNING AND ZONING BOARD, AND
FOR VARIANCE APPROVALS BY THE DEVELOPMENT CODE
ADJUSTMENT BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Subsection (f) of Section 137.019, Code of Ordinances, is amended to
read:
See. 137.019. Planning and zoning board.
(f) Action. Five (5) members shall constitute a quorum.. At the conclusion of
each dtdy eenstlAuted public hearing Item, based upon the material presented to the
board at the public hearing and the standards which govern approval of any
application, the board shall accordingly act on such application. In order for an action
to be official, at least four (4) members of the board shall vote on the application. For
conditional use applications, approval by at least four (4) members of the board a
majority vote by the beard shall be required fora royal, to take aetien and any
application receiving a tie vote shall be. rescheduled to the next regular meeting of the
board, at which time the application shall be reheard. If at the conclusion of the
rehearing a majority of the members voting do not approve the application, with or
without conditions, the application shall be considered to be denied. For matters other
than conditional use applications, approval by a majority of the members voting shall
be required for approval, and any motion receiving a tie vote shall be considered to
have failed.
Section 2. Paragraph (1) of subsection (b) and subsection (f) of Section 137.020,
Code of Ordinances, are amended to read:
Sec. 137.020. Development code adjustment board.
(b) Composition, appointment and term,
(1) The development eede adjustment board shall consist of five (5) members
who whom shall be residents of the city. The eity eemmissien slta* appoint the
members of the board shall possess with persons possessing professional training or
acquired experience In the fields of planning, law, architecture, landscape architecture
or development control. The Said 'members shall be appointed by and serve at the
pleasure of the commission.
^f 1
Ord. 4218--?86 9/18/86
t..
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(f) Action. Four 4) members shall constitute a quorum. At the conclusion of
each duly eenstRated public hearing Item, based upon the material presented to the
board at the public hearing and the standards which govern the approval of any
variance application, the board shall accordingly act on such varianee application. In
order for an action to be official, at least three (3) members of the board shall vote on
the application. For varlane e_ ap lications, approval by at least three (3) members of
the board A maferAy vefa by the beard shall be required for approval; and to fake
aeNa any application receiving a tie vote by the beard shall be rescheduled to the
next regular meeting of the board, at which time the_ application shall be reheard. If
at the conclusion of the rehearing a majority of the members voting, do_ not approve
the application, with or without conditions the application shall be considered to be
denied. For matters other than variance a lications a roval b a majority of the
members voting shall be required for approval and an motion receiving a tie vote
shall be considered to have failed.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 4 1986
PASSED ON SECOND AND se)ptember _ 1986
FINAL READING AND ADOPTED
Attest:
Ci y erk
Approved as to form
and 'correctness:
City Attorney
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