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HomeMy WebLinkAboutArticle IChapter I: General Administration ARTICLE I: PREAMBLE SECTION 54-1-1.1: TITLE Article I: Preamble This ordinance shall be entitled the "City of Sebastian Land Development Code." When hereinafter used, unless the context indicates otherwise, the terms this "ordinance" or this "code" refers to the City of Sebastian Land Development Code. SECTION 54-1-1.2: LEGISLATIVE AUTHORITY AND BINDING EFFECT The legislative authority for the City of Sebastian Land Development Code is as follows: 1. Chapter 163.3201, F.S., mandates that local governments shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. 2. Chapterl 163.3202, F.S., requires that the Land Development Code shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall as a minimum: a. Regulate the subdivision of land. b. Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space. c. Provide for protection of potable water wellfields. d. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management. e. Ensure the protection of environmentally sensitive lands designated in the comprehensive plan. f. Regulate signage. g. Provide for concurrency management. The concurrency management system must require that no development order or permit for development be issued unless such order or permit is conditioned on the availability of required public facilities and services concurrent with the impacts of the development. The concurrency management system is further elaborated in Chapter IX, Concurrency Management and the Capital Improvements Element, of the City of Sebastian Comprehensive Plan. h. Ensure safe and convenient on -site traffic flow considering needed vehicle parking. SECTION 54-1-1.3: LEGISLATIVE PURPOSE, INTENT AND SCOPE The purpose of the City's Land Development Code is to assist implementation of the City's Comprehensive Plan. Specifically the Code is intended to carry out more broad based Comprehensive Plan policies concerned with land use; transportation; housing; recreation and open space; conservation; public facilities including water, wastewater and drainage system improvements; fiscal management; and intergovernmental coordination. Therefore, any violation or inconsistency with the Land Development Code shall be interpreted as a violation and/or inconsistency with related policies of the Comprehensive Plan. Land Development Code Page I-1 City ofSeb;udan 6/8/2000 10:46 ANI Chapter I: General Administration Article I: Preamble /•••,, SECTION 54-1-1.4: CONSISTENCY WITH COMPREHENSIVE PLAN The City of Sebastian Land Development Code, pursuant to Chapter 163.3201 and 163.3202 F.S. is adopted to assist in carrying out the desired general policies of the Comprehensive Plan for managing the use of land and water within the City of Sebastian. The Land Development Code is and shall remain consistent with the Comprehensive Plan as mandated by Chapter 163, Pt II F.S.: "County and Municipal Planning and Land Development Regulation." The Land Development Code shall be amended as necessary to ensure consistency with the City of Sebastian Comprehensive Plan. [Cross Reference: Article III: Comprehensive Plan Adopted, Chapter 20, Code of Ordinances, City of Sebastian]. SECTION 54-1-1.5: APPLICABILITY A. General Applicability. The Land Development Code shall apply to all development, including redevelopment or changes in land use throughout the City of Sebastian. No development, as defined herein, or change in land use shall be undertaken without prior authorization pursuant to this Code. The Land Development Code is expressly intended to implement more broad based policies of the Comprehensive Plan. Therefore, any violation or inconsistency with the Land Development Code shall be interpreted as a violation and/or inconsistency with the Comprehensive Plan. B. Status of Previously Issued Construction Permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective construction permit if the development activity authorized by the permit commenced prior to the effective date of this Code, and the building permit has not expired. Upon expiration of any such building permit, the developer shall comply with the provisions of the Land Development Code as amended as well as the building codes as /"R� amended in obtaining a new building permit. SECTION 54-1-1.6: INTERPRETATION AND CONFLICT A. General Interpretations. In the interpretation and application of this Code all provisions shall be: 1) considered as minimum requirements for the promotion of the public health, safety, and general welfare; 2) liberally construed in favor of the City; and 3) deemed neither to limit nor repeal any other powers granted under state statutes. B. Conflicts. More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision. Where the provisions of the Code appear to conflict with another law, the most restrictive provision shall govern. SECTION 54-1-1.7: SEVER.ABILITY If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect. SECTION 54-1-1.8: REPEAL Upon the effective date of this ordinance, Chapter 54 Land Development Code, Code of Ordinances of the City of Sebastian, Florida is hereby repealed and shall be superseded by the provisions of this Code. Land Development Code Pzge I-2 City of Sebastian 6/8/200010:46 M Chapter I: General Administration r SECTION 54-1-1.9: SAVING CLAUSE Article I: Preamble The obligations, restrictions, rights and/or regulations heretofore existing on land located in the corporate limits of the City of Sebastian shall not be impaired, affected or avoided by the adoption of this Code. SECTION 54-1-1.10: STATUS OF CODE, PRIOR OFFENSES Any prosecution arising from a violation of any ordinance repealed by this ordinance, which prosecution may be pending at the time this Code becomes effective, or any prosecution which may be started within one year after the effective date of this Code as a consequence of any violation of any ordinance repealed therein, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such ordinance had not been repealed. SECTION 54-1-1.11: VIOLATIONS AND PENALTIES In addition to the penalties provided in this Section, the City may exercise authority provided for through Chapter 2, Article VI, Division 2 of the City of Sebastian Code of Ordinances. SECTION 54-1-1.12: CODIFICATION Provisions of this ordinance shall be incorporated in the City Code of Ordinances and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be re- numbered or re -lettered to accomplish such intention. P SECTION 54-1-1.13: ENACTMENT AIND EFFECTIVE DATE This ordinance shall take effect immediately upon adoption by the City. SECTION 54-1-1.14 INJUNCTION RELIEF In addition to any penalty provided by law for the violation of any provision of this Code or any condition duly imposed by the City, the City may bring suit in the Circuit Court to enjoin, restrain, or otherwise prevent the violation of any provision of this Code or any condition duly imposed by the City. Land Development Code Page 1-3 City of Sebastian 6/8/2000 10:46 A.`v1