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ORDINANCE NO 2126
AN ORDINANCE AMENDING ARTICLE XXXV, ADMINIS-
TRATION AND ENFORCEMENT, OF APPENDIX A,
ZONING, OF THE CODE OF ORDINANCES OF THE CITY
OF CLEARWATER, FLORIDA, 1962, TO ESTABLISH
THE PROCEDURE THAT REVIEW OF SITE PLANS BY
THE RESOURCE DEVELOPMENT COMMITTEE IS
MANDATORY BEFORE VARIANCES OR SPECIAL
EXCEPTIONS SHALL BE CONSIDERED BY THE BOARD
OF ADJUSTMENT AND APPEAL ON ZONING OR THE
CITY COMMISSION; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH TO THE EXTENT OF SUCH CONFLICT;
PROVIDING FOR SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PRO-
POSED ENACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the City Commission and the Board of Adjustment and
Appeal on Zoning have consistently followed a policy of not hearing appeals
for variances or special exceptions prior to the time the. site plan has been
submitted and reviewed; and
WHEREAS, this is an appropriate sequence consistent with the
purposes of the respective procedures and should be formally adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Subparagraph (3) of Section 35. D9, Board of Adjustment
and Appeal on Zoning, of Article XXXV, Administration and Enforcement,
of Appendix A, Zoning, of the Code of Ordinances of the City of Clearwater,
Florida, 1962, be and the same is hereby amended to read as follows:
(3) The board shall hear appeals from any decision or
action of the building official and determine the rights
of the applicant. Appeal to the board may be taken by
any person, firm or corporation aggrieved, provided
notice thereof, together with grounds thereof, are filed
in triplicate in writing, with the board within twenty
(2O) days after such action of the building official. The
board shall forthwith transmit one copy thereof to the
city building official, who shall then forthwith transmit
to the board all the papers constituting the record upon
which the action appealed from is taken. When site plans
are reguired,r these must be submitted for review by the
Resource Development Committee before variances or
special exceptions shall be considered by _the board of
adjustment and appeal or the city commission. Each
appeal shall be accompanied by a payment sufficient in
amount to cover the costs of processing the application,
which charges shall be set and established by resolution
passed by the city commission.
SEE ORDINANCE,
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Ord. #2126 7/3/80
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Section 2. 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 3. 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 4. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING rune 19, 1980
PASSED ON SECOND AND FINAL
READING AND ADOPTED July-3, 1980
Attest:
City Clerk
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