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HomeMy WebLinkAbout278 Comprehensive Plan • C% 9'7 49, Ay' kp 278 r ORDINANCE N0. AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA. TO BE KNOWN AS THE ZEPHYRHILLS COMPREHENSIVE PLANNING ORDINANCE; SETTING FORTH THE PURPOSE FOR ENACTMENT OF THE ORDINANCE; ENUMERATING THE FUNCTIONS OF THE PLANNING COMMISSION; ESTABLISHING THE POWER OF THE PLANNING COMMISSION; STATING ESTABLISHMENT AND COMPOSITION OF SAID COMMISSION, TERMS OF OFFICE, PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING FOR VACANCIES; ESTABLISHING OFFICERS AND RULES OF PROCEDURE; STEADY RELATIONSHIP OF PLANNING ® DEPARTMENT TO PLANNING COMMISSION; ESTABLISHING CITIZENS ADVISORY BOARD WITH TERMS OF OFFICE, REMOVAL FROM OFFICE, VACANCIES, AND RELATIONSHIP O TO THE PLANNING DEPARTMENT; PROVIDING FOR BOARD itt OF ADJUSTMENT; ESTABLISHING CREATION AND COMPOSITION, TERMS OF OFFICE, REMOVAL FROM OFFICE, VACANCIES, ESTABLISHING OFFICERS AND RULES OF PROCEDURE; ESTABLISHING LEGAL COUNSEL FOR PLANNING COMMISSION, BOARD OF ADJUSTMENT AND CITIZENS ADVISORY BOARD; ESTABLISHING DUTIES OF THE PLANNING COMMISSION; REQUIRING A COMPREHENSIVE AND COORDINATED GENERAL PLAN INVOLVING LAND USE, TRAFFIC. CIRCULATION, WATER AND WASTE, CONSERVATION, RECREATION AND OPEN SPACE, HOUSING, UTILITIES, HISTORIC AND SCENIC PRESERVATION, INTERGOVERNMENTAL COORDINATION, AND ZONING; PROVIDING FOR A REVIEW AND AMENDMENT OF THE 111 COMPREHENSIVE PLAN; PROVIDING PROCEDURE FOR ESTABLISHING DISTRICT BOUNDARIES; SETTING FORTH POWER AND DUTIES OF BOARD OF ADJUSTMENT; PROVIDING FOR APPEALS TO THE BOARD OF ADJUSTMENT FROM DECISION OF ADMINISTRATIVE OFFICEAL; PROVIDING FOR STAY OF WORK AND PROCEEDINGS ON APPEAL; PROVIDING FOR JUDICIAL REVIEW OF DECISIONS OF THE BOARD OF ADJUSTMENT; PROVIDING FOR ENFORCEMENT OF ZONING ORDINANCES; ESTABLISHING REGULATION OF SUBDIVISIONS; PROVIDING PENALTIES FOR TRANSFERRING LOTS IN UNRECORDED SUBDIVISIONS; PROVIDING FOR REVERSION OF SUBDIVIDED ' LAND TO ACREAGE; GOVERNING ERECTION OF BUILDINGS ADJACENT TO UNAPPROVED STREETS; PROVIDING FOR DELEGATION OF AUTHORITY TO OTHER GOVERNMENTAL AGENCIES; PROVIDING FOR AUTHORITY TO ESTABLISH FEES AND CHARGES; PROVIDING FOR ENFORCEMENT OF ORDINANCES AND REGULATIONS. RECORD VERIFIED JED PITTMAN Clerk Circuit Court, Pasco County BY'_S175 t• r • ^�t C7, T. C� u� J ca w.. . . . rn -ri y • • 1 C7 c»" v -�-� l 1 n 1-` r j �1-_/ • r , i , , , r / • d C• ITY COUN: IL V CI•TY MANAGER B:OA R;D 0`F ' ADJU°STVENT —. F, • • Q ..' .. . - 4'1 , , , i t • , i iii . , r r r r I r' r r #.-.1• • - • c PL .ANNI. N:G ; PLANN• .ING DEPARTMENT -' - - - - - COMMISSION •Pr ., ccs - _ a ,. L__,G_____e______._ . - • . . • ab. C I T Z E•NS,o— w..-atADVI..S.ORY B. 0• A R .D••••- ` -,. , • • 459 BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF ZEPHYRHILLS, FLORIDA: SECTION 1 SHORT TITLE. This ordinance may be referred to by short title as " The Zephyrhills Comprehensive Planning Ordinance" . SECTION 2. PURPOSE. It is the purpose of this ordinance that its adoption is necessary so that Zephyrhills can preserve and enhance its present advantages; encourage the most appropriate ® use of land, water and resources consistant with the public interest; overcome present handicaps; and deal effectively with future problems that may result from land use and development. SECTION 3. FUNCTIONS. The functions of the Planning Commission shall be, in addition to any functions set forth in the body of this ordinance to: (1) Acquire and maintain such information and materials as are necessary for an understanding of present conditions, past trends, and forces which Cellae change in these conditions. Such information may include maps, photographs, statistics, surveys, studies and other sources of information which will provide the basis for the creation of a comprehensive plan. (2) The Planning Commission shall conduct public hearings to gather information necessary for the drafting, establish- ment, and maintenance of the comprehensive plan, as specified in the Florida Statutes, Chapter 163.3161 (The Local Government Com- prehensive Planning Act. ) (3) Through such public hearings, the Planning Commission shall propose for the Council 's approval establishment of principles and policies concerning development of the area. (4) The City Council may authorize any necessary special studies on the location, condition, and adequacy of specific facilities in the area. These may include, but not limited to, - 1 - o FF 924 PAU 1433 4.61. studies on housing, commercial and industrial conditions and facilities, public and private utilities, and traffic , transporta- tion and parking. SECTION 4. POWER. (1) The decisions of the Planning Commission in interpretation and application are declared to be the minimum requirements necessary to protect and improve the public health, safety, good order, appearance, convenience, morals and general welfare; to conserve the value of land, buildings, and resources; ® and to protect the character and maintain the stability of 0 residential, agricultural, business and industrial areas and to Q promote the orderly development of such areas. SECTION 5. ORGANIZATION . (1) Establishment and Composition: (a) The Zephyrhills City Council, empowered by F.S. , Ch. 163.180, may establish a Planning Commission and appoint members thereto. (b) The Planning Commission shall be comprised of five members: Three citizens of the City of Zephyrhills will b-6-appoint- ed by the Counit from the community at large and one membershall be appointed from= the city staff from a planning related department. In addition -the Mayor -shall serve. (2) Terms of Office; Removal from Office; Vacancies; Members of the Planning Commission shall be appointed for staggered terms of two years. Three of the original appointees shall serve for only one year to establish the staggered terms. The City Council may remove any member of the Commission for just causerincluding but not limited to absence without valid excuse of more than three meetings 111 annually after written notice and public hearing. Any vacancy occurring during the unexpired term of office of any member shall be filled by the City Council for the remainder of the term. Such vacancy shall be filled within thirty days of its occurrance. - 2 - of PAGEi434 489 (3) Officers and Rules of Procedure: (a) The Commission shall elect a chairperson and vice-chairperson from among its members. A qualified city employee shall serve as secretary. (b) The Commission shall meet at regular intervals, which it shall determine, falling notnore than one month apart. It shall adopt rules for the transaction of its business and keep a properly indexed public record of its transaction of iis_; business and keep a properly indexed public record of its resolutions, transactions, ® findings and determinations. All meetings of the Commission shall be O public . (4) Relationship to the Planning Department: The Planning Department shall serve a duel role. It shall act as staff to the Planning Commission by providing research data and background information, as well as professional assistance in the development of planning policy recommendations. The Planning Department shall also act as the coordinator of the Commission' s activities and represent the Commission before the City Council . (5) Citizens Advisory Board: The Citizens Advisory Board shall be a branch of the Planning Com- mission. It shall be comprised of a representative from the Planning Commission, a representative from the Board of Adjustment, and a repre- sentative from the City Council, and five citizens of the City of Zephyrhills. These citizens shall be chosen by the City Council from list or lists if necessary, of eight candidates submitted by the Planning Director. Further, those citizens interested in the planning process will be invited to participate. The function of the Advisory Board will be to critically review the Planning Commission's recommended policies and discuss topical issues. Meetings will be scheduled to fall within the week prior to the regular Planning Commission meetings. - 3 - u F 924 PAGEi43 491 (a) Terms of Office; Removal from Office; Vacancies: Members of the Advisory Board not on the Planning Commission or the Board of Adjustment shall be appointed for staggered terms of two years. Two of the original appointees shall serve for only one year to establish staggered terms. The City Council may remove any member of the Advisory Board after written notice and public hearing for just cause including but not limited to absence without valid excuse of more than three meetings annually. Any vacancy occurring during the unexpired term of office of any member ® shall be filled by an appointment by the City Council for the remainder Nri 0 - of the term. Such vacancy shall be filled within thirty days of its occurrence. After two years the City Council shall evaluate the need ICC for the Advisory Board and decide whether or not it shall remain active. (b) Relationship to the Planning Department: The Planning Department shall provide background information and professional assistance with the development of Advisory Board recom- mendations. Further, the Planning Department shall act as coordinator of the Advisory Board' s activities and represent it before the Planning Commission. (6) Board of Adjustment: (a) Creation and Composition As part of the zoning ordinance, the City Council shall create the Board of Adjustment and will appoint to it five citizens at large from the City of Zephyrhills. Approval will take a majority vote of the City Council . In addition, the City Council may appoint an alternate - member. The alternate may act in the temporary absence or disability of any regular member, or may act when a regular member is otherwise dis- qualified in a particular case that may be presented to the Board. (b) Terms of Office, Removal from Office, Vacancies: Members of the Board of Adjustment shall serve for overlapping terms of three years. One term shall end after the first year of the ordinance, two the second year and two the third, so as to establish staggered terms. Any member of the Board of Adjustment may be UF F 924 i s 1436 REG - 4 - - 493 removed from office by the City Council upon written charges and after public hearing for just cause including but not limited to absence without valid excuse of more than three meetings annually. Any vacancy occurring during the unexpired term of office of any III member shall be filled by an appointment by the City Council for the remainder of the term. The vacancy shall be filled within thirty days. (c) Officers and Rules of Procedure: The Board of Adjustment shall elect a chairperson and a vice-chair person from among its members. A qualified city employee shall serve ® as secretary. The Board terms of all such offices shall be for one Nt ` year, with eligibility for re-election. The Board of Adjustment shall O ecC adopt rules for transaction of its business and shall keep public record istr of its resolutions, transaction, findings and determinations. Meetings shall be held at the call of the chairperson and at such times as the Board shall determine. (d) Legal Counsel: Legal Counsel for the Planning Commission, Board of Adjustment and Citizens Advisory Board shall be the City Attorney except when .a con- flict should be deemed to exist. At that time the City Council shall authorize the appointment of an attorney for that limited purpose only. Members of the three boards which may be brought to court for cases arising from their participation in ordained responsibilities shall be represented by the City Attorney. SECTION 6. DUTIES OF THE PLANNING COMMISSION . (1) The Comprehensive Plan When basic information for the area has been brought together, the Planning Department, together with the Commission shall prepare a comprehensive and coordinated general plan for the development of Zephyrhills. It will,, be based on existing and anticipated need, showing the principles according to which future development should proceed and the manner in which such development should be guarded. The plan, which will be both written and graphic, will contain the following elements: REQ 924 mai437 i 469 (a) Land Use: Explore the present and proposed distribution, location, and extent of the uses of land for housing, business, industry, agriculture, recreation, conservation, education, public facilities and other such uses as may be deemed significant. (b) Traffic Circulation: Research type, location, and extent of existing and proposed thoroughfares and transportation routes. (c) Water and Waste: Develope principles and guide- lines for future use of land based on inventory of the present system d- and the potential of sanitary sewers, solid waste collection, storm Oect water drainage and potable water. (d) Conservation: Organize policies to conserve, utilize and protect the areas natural resources, including air, water, soils, flood plains, rivers, lakes, wildlife, minerals and other natural and environmental resources. (e) Recreation and Open Space: Indicate a compre- hensive system of public and private sites for recreation including but not limited to parks, playgrounds, and recreation facilities. (f) Housing: Denote standards, plans and prin- ciples to be followed in (1) The provision of housing for existing residents and the anticipated growth of the area. (2) The elimination of substandard dwelling conditions. (3) The improvement of existing housing. (4) The provision of adequate sites for future housing, including housing for mobile homes and low and moderate income families. (5) The provision for relocation housing and identification of housing for purposes of conservation, rehabilitation, or replacement. (6) The formulation of housing implementation programs. (g) Utilities: The electric utility portion of this element will be in conformance with the ten year site plan required by the Florida Electrical Power Plant Siting Act, Part II , Chapter 403. - 6 — Ric 924 MU1436 471 (h) Historical and Scenic Preservation: Set out plans and programs for those structures or lands in the area having historical, archeological, architectural, scenic , cultural, or similar significance. (i) Intergovernmental Coordination: Show relation- ships and state principles and guidelines to be used in the accomplish- ment of coordination of adopted comprehensive plan with the plans of the School Board and other units of local government providing services, but not having regulatory authority over the use of land, with the comprehensive plans of adjacent municipalities, the county, ® adjacent counties or the region, and the state agencies and the proposed state comprehensive plan. This element shall demonstrate consideration of the plan's effects upon the development of adjacent municipalities, the county, adjacent counties, the region and the state. (2) Review and Amendment of the Comprehensive Plan: At least once each year, the comprehensive plan or the completed parts thereof shall be reviewed by the Planning Commission to determine whether changes in the amount, kind, or direction of development of Zephyrhills, or other reasons make it beneficial to made additions or amendments to the plan. If the City Council desires an amendment or addition to the comprehensive plan, it may, on its own motion, direct the Commission to prepare such amendment; the Commission shall do so in a reasonable time as established by the City Council. The procedure for revising, adding to or amending the comprehensive plan shall be the same as the procedure for its original adoption. (3) Zoning; Ordinances; Contents After the comprehensive plan has been prepared and adopted, the City Council may enact or amend and enforce a zoning ordinance after a public hearing with due public notice. In the ordinance the entire area shall be divided into districts of such number, ,shape and size as may be deemed best suited to carry out the purposes of the comprehensive plan, and within these districts may regulate, determine and establish: "F 524 PAGE 1„439 REG - 7 - 473 (a) height, number of stores, size, bulk, location erection, construction, repair, reconstruction alteration and use of buildings and other struc- tures for trade, industry, residence and other purposes: (b) use of land and water for trade, industry, profession, residence and other purposes; (c) size of yards, courts, and other open spaces; (d) percentage of lot that may be occupied; (e) density of population; (f) conditions under which various classes of nonconformities may continue, including ® authority to set fair and reasonable schedules for the elimination of nonconform- ® ing uses; (g) use and types and sizes of structures in those areas subject to seasonal or periodic flood- < ing, so that danger to life and property in such areas will be miimized; (h) performance standards for use of property and location of structures thereon. All regulations shall be uniform throughout each district, but the regulations in ons-district may differ from those in other districts. IIIFbr each district designated for the location trades, industries, commercial enterprises, residences or buildings designed for specific uses, regulations may specify those uses that shall be excluded or subject to reasonable requirements of a special nature. Uses permitted in one district may be prohibited in other districts, to the end that incompatibility of uses is imimized or eliminated. Regulations and district boundaries shall protect, promote, and improve public health, safety, confort, order, appearance, convenience, morals and general welfare and shall be made with reasonable considera- tion, among other things, to the character of the districts and their special suitability for particular uses and with a view to conserving property values and encouraging the most appropriate use of land throughout the area. (4) Zoning, "Procedure for, Establishing District Boundaries; Adoption of Regulations (a) Tentative Report by Commission - 8 - c 9 4 PACEi44Q 495 Tentative recommendations as to the boundaries of districts and the regulations to be enforced therein will be prepared by the Commission. The Commission shall hold public preliminary hearings and conferences. The tentative report, which shall include the proposed zoning ordinance with maps and other explanatory materials, shall be made to the City Council by the Planning Commission. (b) Action by the Council Within thirty days or such reasonable time as shall be agreed upon, the City Council shall consider and return the report, with any ® suggestions and recommendations, to the Commission so that the Com- i mission may prepare a final report. The ordinance will be passed only after the City Council receives the final report from the Commission. (c) Final Report and Action The Planning Commission shall make a final report to the City Council . After it has been submitted, the City Council shall afford all inter- ested persons an opportunity to be heard with reference to the proposed zoning ordinance at a public hearing with due public notice.. The City Council shall then vote on the ordinance. (5) Zoning: Supplementing or Amending the Zoning Ordinance (a) The City Council may amend or supplement the regulations and districts fixed by the zoning ordinance. Proposed >, changes may be suggested by the City Council, by the Planning Commission, or by petition of the land owner or owners of more than 50% of the area involved in the proposed change. In the latter case, the petitioners may be required to assume the cost of public notice and other costs incidental to the holding of public hearings. (b) The Planning Commission, regardless of the source of the proposed change, shall hold a public hearing or hearings thereon, with due public notice: but shall in any case, if any change is to be considered by the Commission, submit in writing its recommendations on the proposed change to the City Council for - 9 - '924"F PAcFi441 NIU • 477 official action. The Council shall hold a public meeting, with due public notice, and act on the proposed change. If the recommendation of the Commission is adverse to the proposed change, such change shall not become effective except by an affirmative vote of majority of the City Council. (6) Board of Adjustment: Powers and Duties The Board of Adjustment shall have the following powers and duties: (a) to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administra- ® tive official in the enforcement of the zoning ordinance or any zoning regulation. o (b) to hear and decide such special exceptions as the Board of Adjustment is specifically authorized to passon under the terms of the Q zoning ordinance; to decide such questions as are involved in the determination of when special exceptions whould be granted; and to grant special exceptions with appropriate conditions and safeguards or to deny special exceptions when not in harmony . with the comprehensive plan or the planning process or any related ordinance. Uses which may be classified as special exceptions will be defined in the zoning ordinance. (c ) in granting any special exception, the Board of Adjustment shall find that such exception will not adversely affect the public interest. (d) in granting any special exception, the Board of Adjustment shall prescribe appropriate con- ditions and safeguards as enumerated in the zoning ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of the ordinance. (e) The Board of Adjustment shall prescribe a=reasan- able time limit within which actions for the special exception---°shall be begun or completed or both. (f) to authorize upon appeal such variances from the terms of the ordinance as will not be contrary to the public interest when owning to special conditions; a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. Variances are assigned to specific properties when com- pliance with the regular zoning standards is feasible. In order to authorize any variance from the terms of the ordiance, the Board of Adjustment must find: 1. That conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or - to - k . 9 PAGE/442 479 building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; 4. That literal interpretation of the pro- visions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning dis- trict under the terms of the ordinance and 0 would work unnecessary and undue hardship d' on the applicant; 0 5. That the variance granted is the minimum variance that will make possible the reason- able use of land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. aa. In granting any variance, the Board of Adjustment may prescribe appropriate con- ditions, and safeguards in conformity with F.S. , Ch. 163 and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. bb. The Board of Adjustment shall prescribe .a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. cc . Under no circumstances except as permitted above shall the Board of Adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structuresor buildings in the same zoning district, and no permitted use of lands, structuresor buildings in other zoning districts shall be considered grounds for the authorization of variance. - 11 - AEG 924 PAGE14 3 481 (7) Board of Adjustment; review of administrative orders In exercising its powers, the Board of Adjustment may, upon appeal and in conformity with provisions of this act, reverse or affirm wholly or partly, or may modify the order, requirement, decision, or 1111 determination made by an administrative official in the enforcement of any zoning ordinance or regulations adopted pursuant to this act, and may make any necessary order, requirement, decision of deter- mination and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of ® all the members of the Board shall be necessary to reverse ® any order, requirement, decision, or determination of any such ritt administrative official or to decide in favor of the applicant 'Q on any matter upon which the Board is required to pass under such ordinance. (8) Appeals to Board of Adjustment from decision of administrative official Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, board, or bureau of the City Council affected by any decision of an administrative official under any zoning ordinance enacted pursuant to this act. Such appeal shall be taken within thirty days after rendition of the order, require- ment, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the Board. The administrative official from who the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the Board of Adjustment all the documents, plan, papers, or other materials consituting the record upon which the action appealed from was taken. (9) Stay of work and proceedings on appeal Any appeal to the Board of Adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, - 12 - REF 924 PAGEi44, 439 " unless the official from who the appeal was taken shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. III In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (10) Board of Adjustment; hearing of appeals. ® The Board of Adjustment shall fix a reasonable time for the c' hearing of the appeal, give public notice thereof, as well as 0 due notice to the parties in interest, and decide the same within Q a reasonable time. Upon the hearing, any party may appear in Q person, by agent or by attorney. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the governing body through action in setting of fees to be charged for appeals. For procedural purposes, an application for a special exception shall be handled by the Board of Adjustment as for appeals. (11) Judicial review of decisions of Board of Adjustment. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any officer, department, board, commission or bureau of the City Council, may apply to the Circuit Court in the judicial circuit where the Board of Adjustment is located for judicial relief within thirty days after rendition of the decision by the Board of Adjustment. Review in the Circuit Court shall be either by a trial de novo, which shall be either governed" by the Florida Rules of Civil Procedure, or by petition for writ of certiorari , which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. (12) Enforcement of zoning ordinances. (1) The City Council shall provide for the -13- P Fa 924 PAcu1445 • 441:. enforcement of the zoning ordinance. A violation of the zoning ordinance is declared to be a misdemeanor of the first degree, punishable as provided in Sec . 775. 082 or Sec . 775.083. _. Each day such offense continues after written notice shall be deemed a separate offense. The City Council is also empowered to provide civil penalties for such violations. 2. .. In case any building or structure is erected, constructed, reconstructed, altered, repaired or maintained or any building, structure, land, or water is used in violation of this O act or any ordinance or other regulations made under authority n.- ® conferred hereby, the proper local authorities, in addition to a ctr other remedies, may institute any appropriate action or proceedings in a civil action in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, con- version, maintenance, or use, and to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, land, or water, and to prevent any illegal act, conduct or business or use in or about such premises. (13) Regulation of subdivisions, purposes. 1. The public health, safety, comfort, economy, order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within Florida and its counties and incorporated municipalities. In further- ance of this general purpose, counties and incorporated municipalities, individually or in combination as authorized by this act, are authorized and empowered to adopt, amend, or revise and enforce measures relating to land subdivision. 2. The regulation of the subdivision of land is intended: aa. To aid in the coordination of land development in counties and incorporated municipalities in accordance with orderly physical patterns. - nl4 - IF•F Et 924 PACE144G 443 bb. To discourage haphazard, premature, uneconomic, or scattered land development; cc . To insure safe and convenient traffic control ; dd. To encourage development of economically stable and healthful communities; ee. To insure adequate utilities; - ff. To prevent periodic and seasonal flooding by providing protective flood control and drainage facilities; gg. To insure land subdivision with installa- 0 �- tion of adequate and necessary physical improvements; hh. To provide public open spaces for recreation; ii . To insure that the citizens and tax- payers of Zephyrhills will nothave to bear the costs resulting from haphazard subdivision of land and the lack of authority to require installation by the developer of adequate and necessary physical improvements; jj . To insure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed; and kk. To serve as one of the several instruments of comprehensive plan implementation authorized by this act. (14) Subdivision regulations; approval of subdivision plans by Commission. 1. The City Council hereby designates the Planning Commission as its accredited representative for the purpose of recommending approval or denial of subdivision plans and plats. The Planning Commission shall act in forwarding to the Council their recommendation on subdivision plans and plats within thirty days after submission thereof. If a subdivision plan and plat is disapproved, the grounds for disapproval shall be stated on the records of the Commission, and a statement in writing of such grounds of dis- approval shall be furnished to the developer or his agent. If it - 15 - a [ 924 P 0i44 445: is desired to hold a hearing upon any subdivision plan and plats submitted to the Commission for consideration, parties in interest shall be notified by due public notice. 2. Recommendation for approval of subdivision plans and plats by the Commission shall not constitute or effect any acceptance of the dedication of any street or any other ground shown upon the plat. The authority to accept dedication of land }for whatso- ever purpose shall be exercised exclusively by the City Council to whom the dedication is deemed to be made. Such authority may not 0 be delegated. (15) Subdivision regulations; adoption and amendment. ect ect 1. The Planning Commission shall prepare and recommend to the City Council for adoption regulations governing the subdivision of land within the area. Before the adoption of subdivision regulations or_'any amendment thereto, the City Council shall hold a public hearing thereon, with due public notice. All proposed amendments to the subdivision regulations shall be submitted to the Planning Commission for a report and its statement of recommen- dation of approval or disapproval and the reasons therefor. 2. Subdivision regulations prepared by the Commission and adopted by the City Council or any amendments to such subdivision regulations may provide regulatory measures to insure the achievement of those purposes and objectives set forth in Sec . 163.260. Such regulatory measures may also provide; aa. That the Planning Commission shall not propose approval of any subdivision plan and plat unless it finds after full consid- eration of all pertinent data that the sub- division can be served adequately and economically with such normal public facili- ties and services as are suitable in the circumstances of that particular case; bb. That the standards and requirements set out in the regulations may be modified by the Commission in the case of a plan and program for a new town, a complete community or neighborhood unit, which in the judgement - 16 - N F 924 PAGFi44 3 • 447 of the Commission will assure conformity with and achievement of the comprehensive plan and the purposes of this act. In granting any such reasonable conditions and safeguards as will secure substantially the objectives of the standards or require- ments so modified; cc . That the Commission shall not propose approval of any subdivision plan and plat unless the land included within the sub- division is suitable for the various purposes proposed in the request for subdivision approval; dd. For the tentative or preliminary approval of the subdivision' plan and plat prior to o the installation of required improvements; 'Cr but such tentative or preliminary approval by ® the Council shall not be entered on the subdivision plan and plat; a 'Cr ee. That the developer may install required atir improvements in accordance with subdivision regulations_`prior= _to__final subdivision 1_ - - approval. As an alternative, such regulations may provide that a surety bond, executed by a company authorized to do business in the state that is satisfactory to the governing body, payable to the City Council in suffic- ient amount to assure the completion of all required improvements and providing for and securing to the public the actual construc- tion and installation of such improvements within a period required by the Oity Council and expressed in the bond. As a further alternative to the provisions of a surety bond, such regulations may provide, in lieu of such surety bond, other collateral as the governing body is put in a position to provide reasonable assurance for completion of the required improvements. (16) Subdivision regulations; penalties for transferring lots in unrecorded subdivisions. When the City Council has adopted subdivision regulations in accord with this act, it shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of or other use of plat of subdivision of such land without having submitted a plan and plat of such subdivision for approval as required by this act and without having recorded the approved subdivision plat as required. If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner of - 17 - A 924 PAGEI449 449 such land shall be guilty of a misdemeanor of the first degree, punishable as provided in Section 775. 082 or Section 775. 083. The City Council through its legal representative may enjoin such transfer, sale, or agreement. Failure to comply with the provisions of this section shall not impair the title of land so transferred or affect the validity of the title conveyed. However, a purchaser of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring an appropriate ® action to avoid such sale or to bring action against the seller for any damages which he suffers as a result of the seller's unlawful act, or both. (17) Subdivision regulations: reversion of subdivided land to acreage. 1. The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land as acreage. Such plat and the procedure in connection therewith shall conform to the requirements of this act, regulations adopted pursuant thereto, and chapter 177, except that: aa. No survey or certificate of any surveyor or engineer shall be required. However, the City Council may require a survey of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preceding survey of record is faulty or inadequate or that insufficient monuments are in position along such boundaries. bb. No improvements shall be required, except such as may be necessary to provide equivalent access- as provided hereafter in this section. cc . No findings need be made as to the suitability of the land or as to the provision of public facilities and services for it. 2. The City Council may, on its own motion, order the vacation and revision within its jurisdiction, including the vacation of streets or other parcels of land dedicated for public purposes or any of such streets or other parcels, when: - 18 - a c $ 4 PACT j4$0 45:1 aa. The plat of the subdivision was recorded as provided by law not less than five years before the date of such action; and bb. In the subdivision or part thereof, not more than ten percent of the total sub- division area has been sold as lots by the original subdivider or his successor in title . Such action shall be based on a finding by the governing body or its accredited representative for the approval of subdivision plans that the proposed vacation and reversion to acreage of sub- divided land conforms to the comprehensive plan of the area and 0 that the public health, safety, economy, comfort, order, convenience, and welfare will bepromoted thereby. Before actingon a ® proposal for vacation and reversion of subdivided land to acreage, the City 'Cr Council shall hold a public hearing with due public notice. 3. aa. If land in a subdivision or part thereof is proposed for reversion to acreage, either at the instance of the governing body or by filing a plat by the owner, and such land is subject to existing zoning regulations, the City Council shall, conduct proceedings for such amendment of such zoning regulations as may be deemed advisable in view of the conditions that will exist subsequent to such reversion to acreage. bb. No owner of any parcel of land in a sub- division shall be deprived by the reversion to acreage of any part of the subdivision of reasonable access to such parcel not of reasonable access therefrom to existing facilities to which such parcel has theretofore had access. Such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto. (18) Subdivision regulations; erection of buildings adjacent to unapproved streets. 111 The following limitations shall apply concerning erection of build- ings adjacent to unapproved streets: No building shall be erected on a lot or parcel of land within the area, nor shall any building permit be issued therefore, unless the .street giving access to the - 19 - OFF 924 t CF14 j . 45,3 lot or parcel on which such building is proposed to be placed has been accepted by the City Council and is shown on a recorded subdivision plat, or is a private street dedicated for the use of certain lots or parcels but not. accepted for maintenance by the City Council or available for use by the public . (19) Subdivision regulations; delegation of authority to other governmental agencies. Nothing contained in this act shall prevent the City Council from assigning part or all of the powers and duties described in ® ss. 163. 260 to 163.285 to agencies other than the Planning Commission. The City Council is hereby empowered to make such assignment or ICC part or all of such powers and duties for the purpose of carrying out and enforcing the provisions of ss. 163.260 to 163.285, relative to approval of subdivision plans and plats and other matters contained herein. (20) Building, plumbing, electrical, gas, fire, safety and sanitary codes. The City of Zephyrhills is authorized by F.S. Ch. 163 to adopt and from time to time, amend or revise and enforce the building, plumbing, electrical, gas, fire, safety, and sanitary codes after a public hearing with due public notice. Such codes are declared to be necessary to promote and preserve the public health, safety, comfort, order, appearance, convenience, morals, and general welfare. Such codes are declared to be one of the several instruments for implement- ing such comprehensive plans or parts thereof as may have been or hereafter may be adopted. Such codes may be adopted by reference if at least three copies of each such code are kept available for public use, inspection, and examination at some public office under the jurisdication of the governing body to be determined by the governing body at the time of the adoption of such code or codes. The penalty provisions for the violation of such codes shall be set out in full in the ordinance adopting the code or codes. The provisions of this section shall not be interpreted to authorize the adoption and enforcement of any minimum housing code or public school building codes. - 20 - Qa 924 Mcrj4 2 455 (21) Enforcement of ordinances and regulations. When appropriate, violation of this ordinance or any ordinance passed in conjunction with this ordinance, may be deemed a misdemeanor, punishable as provided by law. The City Council may have recourse 111 IIto such legal remedies as may be necessary to insure compliance with the provision of any ordinance or regulation enacted pursuant to this act. The foregoing Ordinance # 278 was read and passed on its first reading by the City Council of the City of Zephyrhills ® 0‘?ri�. s 7th day of November , 1977. C%` ,?ter 446 1 . . ' o" 1/ R. s+ 1 la J ES A. BAILEY � i . .tr :�i President of City Council o••' A�1.'ESTae4 Ant,kJL Q` /64-2 GARB S.r.ROB TS City-Manager IIIThe foregoing Ordinance # 278 Was read and passed on its second reading by the City Council of the City of Zephyrhills, , Oienj •th,.43 14th day of November , 1977• ( . , , .•._ .' 4 * ' . . JA ES A L.`� BAILEY 4 ` T1y �1G `. President of City Council , • t, 9� r7- nor c / /1© A ARY . ROBE'T City Manager er The foregoing Ordinance # 278 was read and passed on F •Z, , 4* uird reading by the City Council of the City of Zephyrhills, # ' th'e \ 21st day of November , 1977. ` t`' .1 `i / / , / _ % gi ., .* Q ' J' i, _S -A. BAILEY ' �,` CTEs, �®/ President of City Council GA'Y ROBER'S City Manager i lir '� DATE: November 21, 1977 Approved ROBERT JOHNSON, Ma, •r" - 21 - 'K c. 924 Mcr1453