HomeMy WebLinkAboutOrdinance 2003-01
ORDINANCE NO. 2003-01
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO DEVELOPMENT REVIEW FEES AND THE
PLANNING AND ZONING BOARD; AMENDING THE
PROVISIONS OF THE OCOEE LAND DEVELOPMENT
CODE, CHAPTER 180 OF THE CODE ORDINANCES OF
THE CITY OF OCOEE, FLORIDA BY AMENDING
SUBSECTION A(4) AND A(8) OF SECTION 1-12 OF
ARTICLE 1 TO REMOVE ADVERTISING COSTS FROM
THE DEFINITION "FLAT FEE" AND TO INCLUDE
ADVERTISING COSTS IN THE DEFINITION "REVIEW
COSTS" PAID BY THE APPLICANT; AMENDING
SUBSECTION A OF SECTION 3-2 OF ARTICLE 3 TO ADD A
REPRESENTATIVE OF THE SCHOOL BOARD TO THE
PLANNING AND ZONING COMMISSION AS A NON-
VOTING MEMBER FOR CERTAIN MEETINGS;
AMENDING TABLE 5-1 ENTITLED "USE
REGULATIONS" OF ARTICLE V TO ADD "AUTO BODY
REPAIR SHOP" AS A PERMITTED USE IN ZONING
DISTRICT 1-1; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1.
Authoritv. The City Commission of the City ofOcoee has
the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2.
Subsection A( 4) of Section 1-12 of Article I of Chapter 180
of the Code of Ordinances is hereby amended to read as follows (with additions double-
underlined and deletions stricken):
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(4) "Flat Fee" shall mean and refer to the non-refundable flat fee from time-
to-time established by resolution of the City Commission to be paid by an
Applicant at the time of the filing of an Application. The Flat Fee shall be for the
purpose of covering the cost of City staff time dedicated to the review and
processing of an Application and all advertising costs in connection with the
processing of an Application. For the purposes hereof, staff time encompasses
Development Review Committee meetings, individual staff review time, clerical
006.265608.1
time and site inspections. Where expressly provided by this Section 1-12, the Flat
Fee shall also be for the purpose of covering the City Attorney, legal, consultant,
and engineering fees and costs incurred by the City in reviewing and processing
an Application.
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SECTION 3.
Subsection A(8) of Section 1-12 of Article I of Chapter 180
of the Code of Ordinances is hereby amended to read as follows (with additions double-
underlined and deletions stricken):
"Review Costs" shall mean and refer to the costs and expenses incurred by the
City in connection with the review and processing of an Application, including
but not limited to City Attorney's fees and costs and legal, consultant and
engineering fees and costs. all advertisim! costs; provided, however, that Review
Costs shall not, include (i) the cost of City staff from time dedicated to the
review and processing an Application and all ad','ertising costs in connection
with the processing of an }I.pplication, and (ii) City Attorney, legal, consultant
and engineering fees and costs incurred by the City in reviewing and processing
an Application which are expressly included within the Flat Fee pursuant to the
provisions of Section 1 -12. C.2 hereof.
SECTION 4.
Subsection A of Section 3-2 of Article III of Chapter 180 ofthe
Code of Ordinances is hereby amended to read as follows (with additions double-underlined and
deletions stricken):
A.
Establishment and Membership
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The Planning and Zoning Commission shall consist of nine (9)
members appointed by the City Commission and one (1) member
aooointed bv the School Board of Oranl!e County as a non-votinl!
member. The member aooointed bv the School Board of Oranl!e
Countv shall attend those meetinl!s at which the Planninl! and
Zoninl! Commission considers comorehensive ulan amendments
and rezoninl!s that would. if aooroved. increase residential densitv
on the orooertv that is the subiect of the aoolication. No member
shall be an employee of the City of Ocoee and all members. exceot
the member aooointed bv the School Board of Oranl!e Countv.
must be residents of the City of Ocoee. When selecting members
to the Planning and Zoning Commission, the City Commission
shall attempt to select from different geographical areas within the
City so as to create geographical diversity and representation.
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006.265608.1
SECTION 5. Amendment to Use Re2ulations Table. Table 5-1 entitled "Use
Regulations" of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee,
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Florida, is hereby amended to read as set forth on Exhibit "A" attached hereto and incorporated
herein by this reference, which amends Table 5-1 so as to add "Auto Body Repair Shop" as a
permitted use in Zoning District 1-1.
SECTION 6.
Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereto.
SECTION 7.
Conflicts. All ordinances, resolutions, parts of ordinances,
or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and
rescinded.
SECTION 8.
Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this .i:nJ. day of JAiN U ~ i. 'I ' 2003.
APPROVED:
ATTEST:
CITY OF OCOEE, TA
~5S:A'D [~
S. Scott Vandergrift, Mayor
(SEAL)
...
ADVERTISED December 5, 2002
READ FIRST TIME December 17, 2002
READ SECOND TIME AND ADOPTED
JAH UAA... Y '1 ,.2..M.3
UNDER AGENDA ITEM NO. vr P>.. ,
006.265608.1
3
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006.265608.1
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
AP~OVED AS TO FORM AND LEGALITY
thisL day 0~'Y' 2003.
FO~~NER
By: (~
City Attorney
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