Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
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Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2024-18 revising the requirements for the Ocala Planning and Zoning Commission and Ocala Zoning Board of Adjustment
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence, Quality of Place
PROOF OF PUBLICATION:
Ocala Gazette - February 9, 2024 - Notice ID Xm7G4P8KahDH2UiPgslL
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BACKGROUND: Staff proposes revising the requirements to serve on the Ocala Planning and Zoning Commission and Ocala Zoning Board of Adjustment. The revisions will reduce the membership of each board from seven to five members. Other changes include removing the requirement that a board member must own property within the city and removal of the language stating a member cannot serve on other boards. Each board will serve a four-year term. The requirement that board members are qualified voters within the city will remain.
FINDINGS AND CONCLUSIONS: Staff is proposing changes that will allow for more flexibility in selecting and managing the boards as well as provide the training needed for quasi-judicial proceedings.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance has been reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2024-18
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, AMENDING CHAPTER 78 ARTICLE II (ADMINISTRATION), OF THE CODE OF ORDINANCES; AMENDING SECTION 78-151 BY REVISING THE SIZE AND QUALIFICATION CRITERIA FOR MEMBERS OF THE OCALA PLANNING AND ZONING COMMISSION; AMENDING SUBSECTION 78-171(A) BY REVISING THE SIZE AND QUALIFICATION CRITERIA FOR MEMBERS OF THE ZONING BOARD OF ADJUSTMENT; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular session, as follows:
Section 1. That Section 78-151, Code of Ordinances, City of Ocala, Florida is hereby amended to read as follows:
Sec. 78-151. Membership; appointment, and qualifications of members.
There shall be a city planning and zoning commission consisting of five members appointed by the city council for terms of four years from among the qualified voters of the city.
Section 2. That Subsection 78-171(a) of the Code of Ordinances, City of Ocala, Florida, is hereby amended to read as follows:
Sec. 78-171. Established, appointment, and term of members and removal of members.
(a) The board of adjustment shall consist of five members to be appointed by the city council for a term of four years. Members shall be qualified voters within the city.
Section 3. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 4. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures, and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 5. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 6. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 7. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 8. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
PASSED AND ADOPTED, in a regular session with a quorum present and voting, by the City Council of the City of Ocala, Florida this day of February 2024.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Barry Mansfield
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2024.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2024-18
Introduced: 2/6/2024
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Gazette - February 9, 2024 - Notice ID Xm7G4P8KahDH2UiPgslL