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ORDINANCE NO. 1590
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 35. 09, 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, TO PROVIDE THAT THE MEMBERS OF SAID
BOARD SHALL BE APPOINTED BY A MAJORITY VOTE OF THE
CITY COMMISSION; TO REQUIRE THE AFFIRMATIVE VOTE
OF FOUR MEMBERS TO GRANT SPECIAL EXCEPTIONS OR
SPECIAL USES; TO PROVIDE FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; TO PROVIDE FOR THE SEPARA-
BILITY OF THE PROVISIONS HEREOF; TO PROVIDE PENALTIES
FOR THE VIOLATION OF THIS ORDINANCE; TO PROVIDE
PROPER NOTICE OF PROPOSED ENACTMENT; AND TO PROVIDE
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, on September 18, 1975, 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, 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 public hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. Subsections (1) and (6) of Section 35. 09, 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, are hereby amended to read as follows:
Section 35. 09. Board of adjustment and appeal on zoning.
(1)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 shall 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 two (2) years, and one for
three (3) years. Thereafter, members shall be appointed
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for terms of three (3) years each, Vacancies shall be ns.
filled for an unexpired term only. 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 b
the city commission.
(6) After a review of an application and hearing thereon if
the board finds as a fact that the proposed use is consistent
with the general zoning plan and with the public interest,
the board may permit special exceptions or uses. No ?• t -`'S..'
special exceptions or special uses shall be granted except
by an affirmative vote of four (4) members of the board '.i..:-„ "'?"''?'• i' ';,
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Section Z. All ordinances or parts of ordinances in conflict herewith .
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are to the extent of such conflict hereby repealed.
Section 3. Should any part or provision of this ordinance be declared
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by a court of competent jurisdiction to be invalid, the same shall not affect
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the validity of the ordinance as a whole, or any part thereof other than the M. i'
part declared to be invalid.
Section 4. Any person, or persons, firm or corporation or association
of persons, who shall violate or fail to comply with any of the terms or
provisions of this ordinance shall, upon conviction, be fined not exceeding
the sum of Five Hundred Dollars ($500. 00), or imprisonment in Jail for not
exceeding sixty (60) days or by both such fine and imprisonment in the discretion
of the Judge. Each day that a violation is permitted to exist shall constitute
a separate offense.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Chapter 166. 041, Florida Statutes.
Section 6. The Planning Director is directed to include and set out
and show upon the official zoning atlas of the City of Clearwater the foregoing
amendments as hereinabove set out.
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Section 7?' The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING October 16, 1975
r PASSED ON SECOND AND FINAL
READING AND ADOPTED November 6 , 1975
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CLEARWATER SUN
Published Dally
Clearwater, Pinellas County, Florida
BTA'1E OF FLORIDA
COUNTY OF PINELLASt
Before the undersigned authority personally appeared W. Paul Harris, who on
oath says that he Is the Business Manager of the Clearwater Sun, a daily newspaper
published at Clearwater in Pinellas county, Floddar that the attached copy of
advertisoment, being a ..,00kg1P,.Pf.. ......
.,.......... Qd,MX1?.4 ....................................... in the matter of
............. Rx0.4 Ron cg.,i14.,..1.X94............. ,......... .,................
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in the . , .. , . X?6XX?;*g ............... ?SXXK*X?C ........ Court, was published In
said newspaper in the issues of ...... P9.tP hM .1 a 1 9 ? 5 ...................
Afflant further says that the said Clearwater Sun is a newspaper published at
Clearwater, in said Pinellas County, Florida, and that the said newspaper has
heretofore been continuously published In said Pinellas County, Florida, each day and
has been entered as second class mail matter at the poet office In Clearwater, in said
Plnollas County, Florida. for a period of one year next preceding the first publication of
the attached copy of advertisement: and afflant further It he but neither paid
nor promised any person, firm or corporation any disc , re , cemml on or refund
for the purpose of securing this advertisement for blic In tIV d newspaper.
Sworn to and subscribed before me
this ......... l.3 d r of ..Qctober . A.D. i1..7 5
?J. ....,......
{ tiEllt.j fto ory Public fi(YYARY PUBLIC, STATE of FLOITIDA at LAW
My COMMISSION EXPIRES MAY 13L 1971
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CLEARWATER SUN
Published Daily
Clearwater, Pinellas County, Florida
STATE OF FLORIDA
COUNTY OF PINELLASt
Before the undersigned authority personally appeared W. Paul Harris, who on
oath says that he Is the Business Idanager of the Clearwater Sun, a dally newspaper
published at Clearwater In Pinellas County, Florida: that the attached copy of
advertisement, being a .... lkt ?$..5) . , Q $?3 ?I? .....
................................................................... In the matter of
...... , .0rdimrice . Ro ......1590 ......................... . ...... . ... . ... .
iIxf!>ie • • • . xxxx GXOExXXxxx • • • • • • • • ............%XX?Cjc4W. was published in
said newspaper In the issues of ...... No.v.Qmb.Qr..7.1.,.3.975 ..................
Afitant further says that the said Clearwater Sun is a newspaper published at
Clearwater, in said Pinellas County. Florida, and that the said newspaper has
heretofore been continuously published in said Pinellas County, Florida, each day and
has been entered as second class mall matter at the post office in Clearwater, In sold
Pinellas County, Florida, for a period of one year next preceding !"rat publication of
the attached copy of advertisement: and afflant further says t e has n Other paid
nor promised any parson, firm or corporation any discount, to ommiss or refund
for the purpose of securing this advsrtlsamsnt for publi o the nee/ spaper.
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Sworn to and subscribed before me
this , .1.'l th ... day of .... enlbe r. A.D. 18.75
.... NOTARY PilpilC, STATE of FLORIDA ai LARGE
"? MY COMMISSION EXPIRES MAY 13, 1977
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vary Public MAYNAIIO 114NOINO Aatt4cy
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