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ORDINANCE NO. 3661-84
S'3 O.
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING
AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO PROVIDE THAT ALL PROCEEDINGS
BEFORE THE BOARD OF ADJUSTMENT AND APPEAL ON ZONING
ARE TO BE UNDER OATH; PROVIDING FOR THE SEPARABILITY
-", OF THE PROVISIONS HEREOF; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF
r:
t: °w THIS ORDINANCE.
WHEREAS, on June 21, 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 recom-
mendations 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 subparagraph (d), Public hearing, of Section
131.016, Board,of Adjustment and Appeal on Zoning, of Article II,
Administration and Enforcement, of Chapter 131, Zoning, of Title
XI, Building and Zoning Regulations, of the Code of Ordinances,
-1- For ,PidavrE-
SEE ORDINANCE
Ord.. 3661-84 : 8-2-84
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City of'Clearwater, be and the same is hereby amended to read
as follows:
Sec. 131.016. Hoard of adjustment and appeal on zoning.
(d) Public hearing and proceedings. The board shall,
after due notice as set out below, not less than
fifteen (15) days and not more than forty-five (45)
days after the filing of the appeal, hold a public
hearing thereon and promptly render its-decision.
At the hearing an applicant or other interested party
may appear in person or be represented by"an attorney.
(1) The office of city clerk shall publish notice
of the public hearing two (2) consecutive days
with first ad at least one (1) week in advance
of the hearing in a newspaper of general circula-
tion in the city.
(2) The city clerk shall mail a notice of the scheduled
public hearing to the owner of subject property,
and the owners of all properties within two hundred
(200) feet of the subject property. All such
notices shall be sent by mail to the last known
names and addresses as indicated on the latest
tax roll of the county.
(3) All proceedings and presentations before_ the
Hoard shall be under oath and the Board shall
have power to take testimony and listen to
presentations under oath.
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 be7'forwarded to the LPA for their receipt and appropriate
action.
Section 3. Should any part or provision of this ordinance 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'to the extent of such conflict are 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 Jul 19 1984
VA SED ON'-SECOND AND FINAL
'READING AND, ,ADOPTED AUSust 2, 1984
'?f-,•? Mayor-Commis ioner
-2- 8+?
.