TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Ordinance No. 2018-37, First Reading, Changes to Unified Land Development Code Chapter 1, General Provisions, Article III, Boards and Duties, Section 1-28 Zoning Board of Appeals and Section 1-29 Planning and Zoning Advisory Board addressing qualifications of members, removal, vacancies, and compensation, TXT-18-266.
Recommended Action
City Commission continue Ordinance 2018-37 to second reading on January 22, 2018.
Background Information
Section 4-1 of the Code of the City of North Port provides that Article I applies to all City boards, but if a board's enacting legislation conflicts with Article I, the enacting legislation controls. Thus, the City Code provisions in Sections 4-1 through 4-10 govern the Zoning Board of Appeals (ZBA) and Planning and Zoning Advisory Board (PZAB), except as provided in Unified Land Development Code (ULDC) Sections 1-28 and 1-29.
The proposed ULDC revisions include:
?Omitting the residency requirement so that both boards are subject to the residency requirement applicable to all boards in City Code ? 4-3(b). While this currently reads 6 months, the Commission has directed that the requirement be changed to one year; this change to the City Code will be included in Ordinance No. 2018-36.
?Requiring that an effort be made to appoint at least 3 members to each board with experience and expertise in zoning and land use matters.
?Omitting the removal provisions so that both boards are subject to the removal provision applicable to all boards in City Code ? 4-3.
?Omitting the compensation provisions so that both boards are subject to the compensation provision applicable to all boards in City Code ? 4-3(d), which also does not allow board members to be compensated. The City Charter also disallows compensation. This revision was not addressed by the Commission but is suggested by the City Attorney's Office to ach...
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