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Chapter I: General Administration Article II: Administration and Enforcement
ARTICLE II: ADVLINISTRATION AND ENFORCEMENT
SECTION 54-1-2.1 GENERAL PROCEDURE FOR LEGISLATIVE AND QUASI-JUDICIAL
ACTIONS
The general procedures for review of legislative and quasi judicial rulings as explained below shall be
established by resolution of the City Council.
A. Classification of Legislative and Quasi -Judicial Rulings. The following table "Classification of
Legislative and Quasi -Judicial Rulings" defines the nature of City rulings affecting land use, planning
and zoning.
CLASSIFICATION OF LEGISLATIVE AND QUASI-JUDICIAL RULINGS (1)
TYPE OF RULING
Comprehensive Plan Adoption
Amendment to the Comprehensive Plan
Change in Future Land Use Map Designation
Adoption of Land Development Code
Amendment of Land Development Code
Generic Change in Zoning Districts
Rezoning for a Specific Site
Conditional Use
Special Use
Planned Unit Development
Variance
Subdivision Plat Approval
Site or Site plan Approval
Appeal of Administrative Decisions
Vesting Determination
Concurrency Management Determination
Tree Removal Permit
Sign Permit
Building Permit
LEGISLATIVE QUASI-JUDICIAL
(Creates Uniform (Effectuates or
Policy) Applies
Adopted Policy)
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Chapter I: General Administration Article II: Administration and Enforcement
Footnote (1): Current as of the effective date of this ordinance. This table shall automatically be revised to
t.vft,� conform to changes in the laws affecting legislative and quasi-judicial decisions of local governments in
Florida.
B. Legislative or Quasi -Legislative Actions and Proceedings. Legislative or quasi -legislative actions
result in formulation of a general public rule or policy that is uniformly applicable to a large area or a
large number of individuals, interests, or activities.
SECTION 54-1-2.2: ENFORCEMENT
A. Organization
1. Planning and Growth Management Department. The City shall have a Planning and
Growth Management Department administered by the Planning and Growth Management
Director who shall be appointed by the City Manager. The Planning and Growth
Management Director shall provide assistance to the Local Planning Agency, the
Planning and Zoning Commission, the City Council and other entities involved in
implementing functions delegated to the Local Planning Agency pursuant to Section
163.3174, FS, or any other planning and land development regulatory functions assigned
by the City Manager. In addition, the Planning and Growth Management Director shall
coordinate with other public agencies to facilitate intergovernmental coordination issues
underlying land development and resource conservation decisions. As necessary the
Planning and Growth Management Director shall obtain professional consultation to
interpret, implement, administer and enforce provisions of the adopted Comprehensive
Plan and the Land Development Code. Whenever the term Planning and Growth
Management Director is used herein, such term shall mean the Planning and Growth
Management Director or such designee as may be duly appointed by the City Manager.
2. Building Department. The Building Department shall be headed by the Building
Director who shall be appointed by the City Manager. The Building Director shall be
qualified by education and training to perform the duties of the Building Director as
established in the Land Development Code and the Standard Building Code, or such
other code(s) as may be adopted by the City Council. Neither the Building Director nor
anyone under his direction shall enter any private property without consent of the owner,
unless the City finds that an imminent threat to the health, safety and welfare exists. The
repair, vacation or demolition of unsafe buildings or structures shall be administered
pursuant to the Standard Unsafe Building Code as herein amended. The Building
Director shall be responsible for the enforcement of the building code, electrical code,
energy code, fire prevention code, gas code, housing code, mechanical code, plumbing
code, unsafe building code and swimming pool code, as adopted by the city from time to
time.
B. Application, Purpose and Conflict. The Planning and Growth Management Director shall
apply the provisions of these regulations as minimum requirements for the promotion of the
public health, safety, or the general welfare of the public. These regulations are not intended to
interfere with, abrogate or annul requirements of other lawfully adopted rules, regulations,
ordinances, deed restrictions or any lawful easements, or other agreements between parties;
provided, however, that where these regulations impose a greater restriction, the provisions of
these regulations shall prevail.
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C. Violations and Enforcement Procedures
1. Reporting Violations. Any person may report a violation of the Land Development
Code to the Code Enforcement Division. Such reports shall be maintained in writing
stating the causes and basis for the complaint. Complaint investigations may also be
based upon field inspections performed by the Code Enforcement Division or other
appropriate City staff.
2. Investigation. In conducting investigations of violations, City Code Enforcement
Officers shall have the authority, where lawful, to inspect property, obtain the signed
statements of prospective witnesses, photograph violations, and do such other gathering
of evidence as is necessary for the complete investigation of a Land Development Code
violation.
3. Procedure When Violation is Determined. Where it is determined that a probable
violation of this code exists, Code Enforcement provisions of Chapter 2, Article VI,
Division 2, of the Code of Ordinances shall be applied to remedy the violation.
D. Final Orders and Decisions by an Administrative Official and Appeals Thereto. Pursuant to
Section 54-1-2.2.A, the intent of the Land Development Code is that all questions of
interpretation, administration and enforcement shall first be presented to the Planning and Growth
Management Director. The Planning and Growth Management Director may bring questions of
interpretation to the Planning and Zoning Commission and may seek professional consultation as
necessary to interpret, implement, administer, and enforce the Comprehensive Plan and Land
Development Code. Where an aggrieved party decides to appeal a decision, including a final
order, of the Planning and Growth Management Director or other administrative official, the
appeal shall be presented to the Board of Adjustment pursuant to Section 54-1-2.5.D(1).
However, appeals to the decisions of City staff on Administrative Site Plans shall be to the
Planning and Zoning Commission and shall be filed within 10 days following the City staff
decision and shall follow the procedures stated in Section 54-1.2.4.D. 2(f). Similarly, appeals to
City staff decisions on subdivisions shall be directed to the City Council and shall be filed within
10 days following the decision and shall follow the procedures stated in Section 54-1-2.4.G.
E. Penalties and Other Legal Remedies. The City shall pursue each misdemeanor and any lawful
civil action or proceeding as deemed necessary in compliance with Section 1-10 (General
Penalty; Continuing Violations) and Section 2-192 (Enforcement Methods) of the Code of
Ordinances.
SECTION 54-1-2.3: REQUIRED PERIMITS
A. Building Permits. Within the corporate limits of the City of Sebastian, no building or other
structure shall be erected, demolished, moved, added to, or structurally altered without the owner,
contractor, builder or authorized agent of the owner receiving a duly processed building permit
therefore, issued by the Building Director. All building permits issued shall be in conformity with
the provisions of the fire codes, the building codes, and the Land Development Code. No
building permit shall be granted unless the developer has submitted all requisite plans and permits
required by the City and other entities having jurisdiction. No building permit shall be issued
until concurrency management program requirements are met. Any required supportive written
documentation from other essential public facility and service agencies must be submitted and
shall demonstrate that sufficient capacity exists to support the proposed development.
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Article H: Administration and Enforcement
1. Application for Building Permit. All applications for building permits for any structure
shall be filed with the Building Director. Such applications shall be signed by the
applicant and shall be accompanied by a site plan, if required pursuant to Article XVIII
of the Land Development Code. Where site plan approval is required, the approved site
plan, including a construction management plan and schedule (Reference Section 54-4-
18.4.J], if the construction period is anticipated to exceed one (1) year, and all other
required components, shall be submitted with the building permit application.
If no site plan is required pursuant to Article XVIII, the application for a building permit
shall include an acceptable scale drawing, in triplicate for commercial projects and
duplicate for residential projects, showing the following:
a. A survey prepared and certified by a Florida registered land surveyor showing
the actual dimensions and shape of the lot or lots to be built upon;
b. The exact sizes and locations on the lots of buildings already existing, if any;
C. The location and dimensions of the proposed building or alteration;
d. When applicable, the required parking spaces, loading and unloading spaces,
maneuvering space and openings for ingress and egress;
e. When applicable, grading and drainage plans meeting the St. Johns River Water
Management District requirements and showing any and all cuts, fills and
provisions for adequately carrying off surface water on the premises, plus
provisions for any surface water which would naturally flow over or through the
area. Such plans shall be reviewed and approved by the City Engineer or
designees;
f. Such other information as required by the Planning and Growth Management
Director, City Engineer or Building Director, including, but not limited to,
existing or proposed building construction or alteration; existing or proposed
uses of the building and land; the number of families, housekeeping units, or
rental units the building is designed to accommodate; conditions existing on the
lot; and such other matters as may be necessary to determine conformance with,
and provide for the enforcement of, the Land Development Code. One (1) copy
of the plans shall be returned to the applicant by the Building Director, after the
Building Director shall have marked such copy either as approved or disapproved
as attested to by signature of the Building Director on the copy. The original and
one (1) copy of the plans, similarly marked, shall be retained by the Building
Division.
2. Building Permit Expiration. A building permit shall be null and void if any of the
below cited conditions fail to occur. Barring an act of nature, no extension shall be
granted once a building permit has expired.
a. The construction shall commence within one -hundred eighty (180) days from the
time the building permit was released;
/0kN b. The structures accommodating the principal use(s) shall be entirely completed
within two (2) years following the release of the building permit or within the
period identified in the site plan's construction management plan and schedule;
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C. The construction activity shall be continuous and no period of dormancy shall
eooll� exist for six (6) months or more; and
d. The developer shall call for and achieve approved inspections within a 120 day
interval as required pursuant to the Building Code or the approved construction
management plan and schedule.
3. Notice Requirement for Expired Building Permits. If any conditions identified above
fail to occur, the Building Director shall cancel the permit and give written notice to the
permittee. In cases where construction has commenced the notice shall also be sent to the
contractor. The notice shall describe the nature of the violation and/or the condition
causing the permit expiration and state that no further work described in the canceled
permit shall proceed unless and until a new building permit has been obtained.
Notwithstanding, if the development was the subject of a construction management plan
which included a City approved schedule for construction activity beyond a one (1) year
period, the terms of the construction schedule shall be used as the basis for rendering
decisions regarding permit expiration. Barring an act of nature, no extension shall be
granted once a building permit has expired.
4. Phased Projects. Large scale developments may be phased. However, no single phase of
development shall exceed a period of two (2) years. Prior to commencing each phase of a
phased development, the permittee shall be required to obtain a new building permit
unless the multi -phased project has a construction span less than two years. No building
permit shall be valid for a period longer than two (2) years.
B. Certificates of Occupancy and Occupational Licenses. No certificate of occupancy and no
occupational licenses shall be granted unless and until the applicant presents the City written
documentation from appropriate City officials, including but not limited to the City Engineering
Department and such other agencies as appropriate, which states that the respective public
facilities have sufficient existing capacity to supply the proposed development, or that capacity
will exist upon completion of the proposed development. In addition, the below stated provisions
shall be satisfied.
1. Conditional Certificate of Occupancy. A conditional certificate of occupancy may be
issued by the Building Director to accommodate extraordinary conditions for a period
not exceeding 90 days during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may require special conditions and
safeguards which the City deems necessary to protect the safety of the occupants and the
public. Violations of provisions contained in the temporary certificate of occupancy or
other related violations occurring on properties operating pursuant to a temporary
certificate of occupancy shall be a violation of the building code and/or Land
Development Code, as applicable, and shall be punishable as provided in Sectionl-10
(General Penalty; Continuing Violations) and in Sections 2-193, 2-194, 2-195
(Enforcement Procedures) of the Code of Ordinances.
2. Certificate of Occupancy or Use Required. No land or building or part thereof
hereafter erected or altered shall be used until the Building Director shall have issued a
certificate of occupancy stating that such land, building, or part thereof, and the proposed
use thereof are found to be in conformity with the provisions of the Land Development
Code and the building regulations within Chapter 26, City Code of Ordinances. It shall
be the duty of the Building Director to make a final inspection of the building or premises
and to issue a certificate of occupancy if the land, building, or part thereof, and the
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Chapter I: General Administration Article II: Administration and Enforcement
proposed use thereof are found to conform with the Land Development Code and the
/Oml� building regulations within Chapter 26, City Code of Ordinances; or, if such certificate is
refused, to state such refusal in writing together with the cause. Failure to obtain a
certificate of occupancy shall be deemed a violation of the Land Development Code.
3. Occupational Licenses. No land or building or part thereof hereafter erected or altered
in its use or structure shall be used until the applicant for the new use has received an
occupational license pursuant -to Chapter 30, City Code of Ordinances. Prior to issuing
the occupational license, the City Clerk shall coordinate with the Planning and Growth
Management Director to ensure that such land, building, or part thereof, and the proposed
use thereof are found to be in conformity with the provisions of the Land Development
Code and the building regulations within Chapter 26, City Code of Ordinances. It shall
be the duty of the Building Director to make a final inspection of the building or premises
and to issue a certificate of occupancy if the land, building or part thereof and the
proposed use thereof are found to conform with the Land Development Code and the
building regulations within Chapter 26, City Code of Ordinances; or, if such certificate is
refused, to state such refusal in writing together with the cause. Failure to obtain a
certificate of occupancy shall be deemed a violation of the Land Development Code.
C. Construction and Use to Be as Provided in Applications, Permits and Certificates of
Occupancy. Building permits or certificates of occupancy issued on the basis of plans and
applications approved by the Building Director or designee shall authorize only the use,
arrangements, and construction set forth in approved plans and application. No other
arrangement or construction shall be allowed unless new buildings permits or a new certificate of
occupancy is issued and such use complies with all applicable requirements of the Land
/000� Development Code as well as all adopted building regulations and fire code, including advisory
standards of the National Fire Protection Association Code. Unauthorized use, arrangement, or
construction activity shall be deemed a violation of the Land Development Code.
D. Violations and Penalties. Proceeding with any type of construction or use without an approved
authorization for a building permit or land use shall be a violation of the Land Development Code
and punishable as provided in Section 1-10 (General Penalty; Continuing Violations) and in
Sections 2-193, 2-1942 2-195 (Enforcement Procedures) of the Code of Ordinances.
SECTION 54-1-2.4: PLANNING AND ZONING COMMISSION
A. Established and Designated Local Planning Agency. Pursuant to and in accordance with the
City Charter and Section 163.3174, F.S., of the County and Municipal Planning and Land
Development Regulation Act, the City Council finds that planning of land use and continuing
growth management evaluation within the City of Sebastian is a public purpose benefiting the
safety, economic and cultural welfare of the citizens of Sebastian. The City Council further finds
that this public purpose can best be achieved by establishing the Sebastian Planning and Zoning
Commission, which is hereby established and designated as the Local Planning Agency (LPA)
for the City. The Sebastian Planning and Zoning Commission shall abide by the City Charter, as
amended, and all applicable provisions of the Florida Statutes. The Planning and Zoning
Commission shall have the authority and responsibility to review land use in the City and
evaluate planning and regulatory techniques for resolving physical, economic, social,
environmental and fiscal issues. The City Council directs the Planning and Zoning Commission
to carry out functions and powers herein identified. The Planning and Zoning Commission shall
1 use the power and authority conferred upon it by the Land Development Code to further its stated
public purpose.
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B. Membership, Terms and Removal. The Sebastian Planning and Zoning Commission shall
consist of seven (7) members and two (2) alternates. The qualifications, term and appointment of
members shall be done in accordance with Chapter 2, Article VI, Division I of the Code of
Ordinances, City of Sebastian.
1. Alternate Members and Their Duties. The alternate members may attend all meetings
of the Planning and Zoning Commission but shall act only in the absence, disability or
disqualification of a regular member thereof. When an alternate member acts, the
minutes of the Planning and Zoning Commission shall reflect the name of the absent,
disabled or disqualified member in whose place and stead the alternate member is acting.
Each alternate member shall fill in for a regular member who is absent, disabled, or
disqualified on a rotating basis with the most senior alternate member to be the first in the
initial rotation. If more than one (1) regular member is absent, disabled or disqualified,
then both alternate members shall act as members of the Planning and Zoning
Commission.
2. Vacancies and Reappointment of Commission Members. Appointments to fill any
vacancy, shall be for the remainder of the unexpired term of office of the vacated
Planning and Zoning Commission seat being filled by the appointment.
3. Removal of Commission Members and AIternates. The removal of members shall be
done in accordance with Chapter 2, Article VI, Division I of the Code of Ordinances,
City of Sebastian.
C. Compensation of Planning and Zoning Commission Members. All members shall serve
without compensation but, as authorized by the City Council, may be reimbursed for actual
expenses incurred in connection with their duties.
D. Functions and Powers. The Sebastian Planning and Zoning Commission shall have the power
and authority to carry out the duties and responsibilities conferred upon it by the Land
Development Code consistent with Section 163.3174, F.S.. and shall perform these duties in the
best interests of the health, safety, and welfare of the citizens of Sebastian. The Planning and
Zoning Commission shall have the following functions, acting either as the Local Planning
Agency (LPA) or as the City's Planning and Zoning Commission:
1. Acting as the Local Planning Agency (LPA), the LPA shall:
a. Be responsible for preparation, review, and any proposed amendment of the
Comprehensive Plan, and deliberations of proposed changes to the Plan and prior
to any recommendations to the City Council;
b. Hold at least one public hearing with due public notice on the proposed plan or
element, or portion thereof, pursuant to Section 163.3174(4)(a), FS and make
recommendations to the City Council concerning enactment;
C. Monitor and oversee the effectiveness and status of the Comprehensive Plan,
review any proposed amendments to the Comprehensive Plan, prepare periodic
reports required pursuant to Section 163.3191, FS and make recommendations to
the City Council concerning enactment;
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d. Review proposed Land Development Code and amendments thereto and make
recommendations to the City Council as to the consistency of the proposed Land
Development Code and amendments thereto with the adopted Comprehensive
Plan or element, or portion thereof, pursuant to Section 163.3174(4)(c), FS:
2. Acting as the Planning and Zoning Commission, the Commission shall:
a. Review site plans submitted pursuant to Article XVIII of the Land Development
Code;
b. Keep the City Council and general public informed and advised as to the
physical development of the City, undertake special studies related to growth
management and resource conservation, including but not limited to annexation,
land acquisition, community improvement strategies, including but not limited to
annual update and revision to the capital improvement program and budget, and
other related issues;
C. Review conditional uses (reference Article VI), which may be part of an
administrative or major site plan;
d. Review subdivision proposals submitted pursuant to Article XIX Land
Development Code, and street dedication and reconfiguration proposals, and
make recommendations to the City Council regarding compliance with
applicable laws and ordinances;
e. Conduct such public hearings as may be required to carry out the functions set
forth herein; and
f. Review proposals for special use permits and special exceptions per Section 54-
1-3.1 and make recommendations to the City Council regarding compliance with
applicable laws and ordinance.
g. Pursuant to Section 163.3174(4)(d), FS perform any other duties, which are
assigned to the Sebastian Planning and Zoning Commission by the City Council
or by general or special law.
3. In carrying out the respective functions and duties prescribed above, the Planning and
Zoning Commission shall:
a. Acquire and maintain such information and materials as are necessary to an
understanding of past trends, present conditions, and forces at work to cause
changes in these conditions. Such information and material may include maps
and photographs of manmade and natural physical features of the area concerned,
statistics on past trends and present conditions with respect to population,
property values, economic factors, land use, and such other information as is
important or likely to be important in determining the amount, direction and kind
of development to be expected in the area and it's various parts;
b. Establish principles and policies for guiding action in the physical development
of the City;
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C. Advise and consult with administrative staff and others as may be directed by the
City Council in preparing the Comprehensive Plan, recommending amendments
to the Plan based on continuing plan evaluation; and recommending to the City
Council courses of action and proposed ordinances and regulations designed to
promote orderly development as may be necessary to implement the Plan or to
carry out any function of the Commission;
d. Determine whether specific proposed developments conform to the principles
and requirements of the Comprehensive Plan as to growth and improvement.
e. Keep the City Council and the general public informed and advised as to the
physical development of the City;
f. Conduct such public hearings as may be required to gather information necessary
for the preparation, establishment and maintenance of the Comprehensive Plan,
as well as all other public hearings provided for hereby or by the City Council;
a. Consider, review and make recommendations concerning special studies on the
location, condition, and adequacy of specific facilities in the area. These may
include, but are not limited to, studies on housing, commercial, and industrial
conditions and facilities, public and private utilities, and traffic, transportation
and parking.
h. Consider all plats subdividing lands, as well as all newly proposed streets or
extensions thereto, and recommend acceptance, modification or rejection thereof;
prepare regulations for the subdivision and platting of land; review all plans for
such streets and subdivisions, including required community facilities such as
drainage, water and wastewater facilities, and all required community facilities,
and all other needed public improvements; and forward to the City Council
written recommendations on such matters;
i. Consider, review and make recommendations concerning studies of City public
land needs and recommend site acquisition for the same, including development
plans and requisite facilities;
j. Annually prepare, in conjunction with the City Engineer, a list of the capital
improvements recommended for construction during the next fiscal year and the
four-year period following it, showing recommended order of priority thereof,
the year recommended for beginning construction, the year recommended for
completing construction, and the estimated costs thereof;
k. Carry out powers of site plan review as stipulated in Article XVIII of the Land
Development Code;
i. Perform any other duties, which lawfully may be assigned to the Commission.
In performing functions set forth in Section 54-1-2.4, the Planning and Zoning
Commission shall act only in an advisory capacity to the City Council. When the
Planning and Zoning Commission reviews and recommends actions regarding a major
site plan approval as defined in Article XVIII, the decision of the Planning and Zoning
Commission shall be final, unless said decision is appealed to the City Council within ten
( 10) days of the decision, as provided for in the Land Development Code.
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E. Appropriation of Funds. The City Council shall appropriate funds necessary for expenses
incurred by the Planning and Zoning Commission in its performance of the above listed
functions. The Planning and Zoning Commission shall not have the power to contract with
private or governmental persons or entities, or to commit or expend funds of the City.
F. Rules of Procedure. The Planning and Zoning Commission shall establish and adopt Rules of
Procedure, which shall include, but not be limited to, election and duties of officers; meeting
schedule, time, and place; establishing order of business and method of transaction; procedure for
action and voting by members; conduct of public hearings; rules of conduct; parliamentary
procedure; maintenance of records; and method of amending same.
1. Officers. From among its members the Planning and Zoning Commission annually shall
elect a Chairperson and a Vice Chairperson at the first regular meeting of the
Commission held at the beginning of each calendar year. Whenever possible, the person
selected as the chairperson and chairperson of the Commission shall have served two (2)
years as a regular member of the Commission and shall have attended at least ninety
percent (90%) of the meetings of the Planning and Zoning Commission which such
member was not otherwise excused from attending by the Chairperson at such meetings
of the Commission. The Planning and Growth Management Director shall appoint a City
employee to serve as secretary to the Planning and Zoning Commission and take minutes
of the meetings of the Commission.
2. Regular Meetings. The Planning and Zoning Commission shall meet at regular intervals
to be determined by a majority of the Commission or at such other times as the
Chairperson or Commission may determine. It shall adopt rules for the transaction of
business and keep a properly indexed record of its resolutions, transactions, findings, and
determinations. Such record shall be a public record. All meetings of the Commission
shall be public.
3. Notice. All meetings of the Planning and Zoning Commission shall be open to the public
and notice of such meetings shall be posted at City Hall. At any special or regular
meeting the Planning and Zoning Commission may set a future meeting date.
4. Procedures for Local Planning Agency. Rules of the Planning and Zoning
Commission shall apply to the Planning and Zoning Commission acting under the powers
extended to the Local Planning Agency in Chapter 163, FS, . Members of the Local
Planning Agency shall continue to be appointed and follow such rules of procedure,
methods of choosing officers, setting of public meetings, providing of financial support,
and accomplishing its duties as provided in ordinances and resolutions adopted by the
City Council. All meetings of the Local Planning Agency shall be public meetings and
all agency records shall be public records. The Local Planning Agency shall encourage
public participation.
5. Meeting Agenda to be Prepared. A written agenda shall be prepared prior to each
meeting with an agenda submission deadline as established by the Planning and Zoning
Commission. The Planning and Zoning Commission, by unanimous consent of all of the
Planning and Zoning Commission members present at a meeting, may add or modify the
written agenda . by adding additional items thereto, but the Planning and Zoning
Commission shall not take action on any items added to the written agenda at such
meeting when prohibited by law.
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6. Funding of Local Planning Agency. The City Council shall appropriate funds at its
/00� discretion to the Local Planning Agency for expenses necessary in the conduct of its
work. The Local Planning Agency may, in order to accomplish the purposes and
activities /required by the Local Government Comprehensive Planning Act of 1975,
expend all sums so appropriated and other sums made available for use from fees, gifts,
state or federal grants, state or federal loans, and other sources, provided acceptance of
loans or grants must be approved by the City Council.
7. Establish a Schedule for Comprehensive Plan Review. The Planning and Zoning
Commission Rules of Procedure shall establish a schedule for the review of the
Comprehensive Plan pursuant to Chapter 163.3191 F.S. to determine whether
Comprehensive Plan amendments are desirable.
8. Quorum. Four (4) members of the Planning and Zoning Commission shall constitute a
quorum for the transaction of business, but a smaller number may act only to adjourn
meetings for lack of a quorum. The affirmative vote of a majority of those present shall
be required to pass any action of the Planning and Zoning Commission.
G. Appeals of Planning and Zoning Commission Decisions to the City Council. Appeals of
decisions by the Planning and Zoning Commission shall be final unless otherwise stated herein.
However, any affected party, including the City Manager on behalf of staff, aggrieved by a
decision of the Planning and Zoning Commission may appeal the decision by filing a written
appeal with the Planning and Growth Management Director within ten (10) days of the decision
of the Planning and Zoning Commission. It shall require four (4) affirmative votes of the City
Council to override the Planning and Zoning Commission decision.
In considering and acting upon appeals of final decisions of the Planning and Zoning
Commission, the following procedures shall be observed:
I. Procedure and Time Limitation for Appeal. For purposes of computation, the time for
filing an appeal to a development order or decision by the Planning and Zoning
Commission shall begin on the date at which the Planning and Zoning Commission made
such decision. The original and one copy of the Notice of Appeal form provided by the
Planning and Growth Management Director, together with all the documents, plans,
papers or other materials constituting the record upon which the action appealed from
was taken, shall be filed with the Planning and Growth Management Director who shall
ensure that copies thereof are provided to the City Council, the City Manager and the
City Attorney, or to the applicant if the appeal is taken by the City Manager. Appeals not
so filed shall be deemed waived.
2. Date of Hearing for Appeals. Hearings of appeals by the City Council shall be held at a
date and time fixed by the City Manager and shall in no event be less than thirty (30) nor
more than sixty (60) days after the filing of the Notice of Appeal.
3. Notice. Upon notification by the City Manager of the date fixed for hearing on any
matter subject to the provisions of this section, the City Clerk shall ensure publication of
due notice consistent with Section 54-1-2.8 herein..
4. Scope of Review- by City Council. In reviewing an appeal of a final order or a decision
of the Planning and Zoning Commission, the City Council shall be limited to review of
the testimony, documents, plans, papers or other materials constituting the record upon
which the action was taken. The City Council may, upon appeal, reverse or affirm wholly
or partly, or modify the order, requirement, decision, or determination made by the
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Planning and Zoning Commission and may make any necessary further order,
requirements, decisions or determinations respecting the subject of the appeal and, to that
end, shall have all the powers of the Planning and Zoning Commission respecting such
matter. The concurring vote of no less than four (4) members of the City Council shall be
necessary to reverse or modify any order, requirement, decision or determination of the
Planning and Zoning Commission.
5. Appearance and Argument. At any hearing upon any matter subject to the provisions
of this Code, the appellant seeking review by the City Council and any other party
desiring to be heard may appear in person, by agent or by attorney. The appellant shall
be entitled to make an initial presentation respecting the appeal, and at the conclusion of
presentations or statements by all other parties, shall be entitled to offer a statement in
rebuttal to such presentations if the appellant so desires. The presiding officer may, at the
commencement of the hearing, or at any time during such hearing, require that parties
desiring to make a presentation identify themselves, and may specify the time to be
allowed for each party to make such presentation.
6. Effect of Appeal and Stay of Proceedings. An appeal to the City Council shall, upon
filing, stay all proceedings in furtherance of the order or decision appealed from, unless
the City Council finds that, by reason of facts presented by the Planning and Zoning
Commission or City staff, a stay would cause immediate peril to life or property, in
which case, proceedings shall not be stayed except by a restraining order granted by the
City Council for due cause shown after notice to the party Fling the appeal. Nothing in
this section shall be deemed to impair the authority of any court of competent jurisdiction
to enjoin or stay actions of the City Council.
7. Decision and Order by the City Council. Action by the City Council upon any matter
subject to the provisions of this section shall be announced by the presiding officer
immediately following the vote determining such action and shall thereafter be embodied
in a written order prepared by the City Clerk and executed by the presiding officer and
the City Clerk. Such written order shall be incorporated into the minutes of the meeting
at which such action occurred.
8. Finality of Decision. When the City Council has taken action respecting an appeal of a
Planning and Zoning Commission action, no application for the same relief shall be
accepted by the City for consideration by the Commission for a period of two (2) years
from the date of such action, provided however, after one (1) year, an applicant may
request that the City Council waive the provision of this section for proper cause based
on changed conditions and/or the advent of new information which substantially impacts
material issues. If a request for such waiver is submitted by the applicant, the City
Council shall determine if the changed conditions and/or the new information is
sufficient to convene a new hearing on the applicant's appeal. If the City Council
determines that a hearing should be held on the applicant's appeal, the City Manager shall
direct the City Clerk to provide due public notice of the scheduled public hearing in the
same manner as required for the original appeal as described in Section 54-1-2.8.
9. Judicial Review of Decisions. Any person or persons, jointly or severally, aggrieved by
a decision of the City Council respecting an appeal of a decision by the Planning and
Zoning Commission, may apply by writ of certiorari in the manner provided by law, to
/01e1 the Indian River County Circuit Court for judicial relief within 30 days after rendition of
the written decision.
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Chapter 1: General Administration
Article II: Administration and Enforcement
SECTION 54-1-2.5 BOARD OF ADJUSTMENT
A. Establishment. The Board of Adjustment is hereby established and shall consist of five (5)
members and two (2) alternates. The qualifications, term and appointment of members shall be
done in accordance with Chapter 2, Article VI, Division 1 of the Code of Ordinances, City of
Sebastian.
Alternate Members and Their Duties. The alternate members may attend all meetings
of the Board of Adjustment but shall act only in the absence, disability or disqualification
of a regular member thereof. When an alternate member acts, the minutes of the Board
of Adjustment shall reflect the name of the absent, disabled or disqualified member in
whose place and stead the alternate member is acting. Each alternate member shall fill in
for a regular member who is absent, disabled, or disqualified on a rotating basis with the
most senior alternate member to be the first in the initial rotation. If more than one (1)
regular member is absent, disabled or disqualified, then both alternate members shall act
as members of the Board of Adjustment.
2. Vacancies and Reappointment of Board Members. Appointments to fill any vacancy,
shall be for the remainder of the unexpired term of office of the vacated Board of
Adjustment seat being filled by the appointment.
3. Removal of Board Members and Alternates. The removal of members shall be done in
accordance with Chapter 2, Article VI, Division 1 of the Code of Ordinances, City of
Sebastian.
� B. Authority, Power and Rules of Procedure
1. Authority. In no instance shall the board grant any use of land in any zoning district
other than those uses allowed in such district as a permitted use or a conditional use.
2. Duties and Powers. The Board of Adjustment shall have the following powers.
a. Hear and Decide Administrative Appeals. Hear and decide appeals when it is
alleged that there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement of any Land Development
Code or regulation adopted pursuant to this act, unless otherwise provided herein.
b. Hear and Decide Requests for Variances. Hear and authorize upon appeal
such variance from the terms of the ordinance as will not be contrary to the
public interest pursuant to Section 54-1-2.5(C)(2).
C. Require Attendance at Hearings and Administer Oaths. The Board of
Adjustment shall have the authority to compel the attendance of witnesses at
hearings or meetings and to administer oaths.
3. Rules of Procedure. The Board of Adjustment shall establish and adopt Rules of
Procedure, which include policies for, but not limited to, election and duties of officers;
meeting schedule, time and place; establishing agenda and order of business and method
of transacting such business; procedure for action and voting by members; conduct of
/0*1N public hearings; rules of conduct; parliamentary procedure; maintenance of records; and
method of amending the same.
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a. Officers. The Board shall elect a Chairperson and Vice Chairperson from among
its members during their first regular meeting of the year. A majority of the
regular members shall be present at the meeting when election of officers is to
occur. Whenever possible, the individual selected as the Chairperson or Vice -
Chairperson of the Board of Adjustment shall have served two (2) years as a
regular Board member and shall have attended at least ninety percent (90%) of
the meetings of the Board of Adjustment which such member was not otherwise
excused from attending by the individual serving as the Chairperson of the Board
of Adjustment at such meeting. The Planning and Growth Management Director
shall elect an individual to serve as secretary for the Board of Adjustment and to
take minutes of the meetings of the Board of Adjustment and to perform such
other duties as appropriate. The Chairperson or, in the absence of the
Chairperson, the Vice Chairperson may administer oaths and compel the
attendance of witnesses.
b. Terms of Officers of the Board. Terms of all such offices shall be for one (1)
year, with eligibility for re-election.
C. Maintenance of Records. The Board of Adjustment shall keep a record of its
resolutions, transactions, findings, and determinations, which shall be a public
record. Such records shall include, but not be limited to, minutes of proceedings,
showing the vote of each member upon each matter of business (including absent
members and members failing to vote for other reasons). All such records shall
be filed 'with the Planning and Growth Management Director. The official
minutes of the proceedings, showing the vote of each member upon each matter
of business (including absent members and members failing to vote for other
reasons) shall be filed with the office of the City Clerk.
d. Schedule of Meetings. Meetings of the Board shall be held at the call of the
Chairperson and at such times as the Board may determine.
e. Quorum. A quorum for action by the Board shall consist of three (3) members.
f. Majority Vote Required. The concurring vote of a majority of all Board
members in attendance shall be necessary to reverse any order, requirement,
decision, or determination of any such administrative official or to decide in
favor of the applicant on any matter upon which the board is required to pass
under any such ordinance.
C. Criteria for Determinations by the Board of Adjustment
1. Criteria for Review of Administrative Orders. In review of Administrative Orders,
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
determination made by an administrative official in the enforcement of any land
development regulation or regulation adopted pursuant to this act, and may make any
necessary order, requirement, decision, or determination, and to that end shall have all the
powers of the officer from whom the appeal is taken.
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2. Criteria for Determining Variances. In order to authorize any variance from the terms
1400*` of this Ordinance, the Board of Adjustment must find the following:
a. Existence of Special Conditions or Circumstances. That special conditions
and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in
the same zoning district.
b. Conditions Not Created by Applicant. That the special_ conditions and
circumstances do not result from the actions of the applicant.
C. Special Privileges Not Conferred. 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.
d. Hardship Conditions Exist. That literal interpretation of the provisions of the
ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the ordinance and would
create unnecessary and undue hardship on the applicant.
e. Only the Minimum Variance Granted. That the variance granted is the
minimum variance that will make possible the reasonable use of the land,
building, or structure.
f. Not Injurious to Public Welfare or Intent of Ordinance. That the granting of
f the variance will be in harmony with the general intent and purpose of the
Comprehensive Plan and this Code, and that such variance will not be injurious
to the area involved or otherwise detrimental to the public welfare.
/10�
g. Conditions and Safeguards May Be Imposed. In granting any variance, the
Board of Adjustment may prescribe appropriate conditions and safeguards in
conformity with Chapter 163 F.S., the Comprehensive Plan, 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.
h. Time Limit May Be Imposed. The Board of Adjustment may prescribe a
reasonable time limit during which the applicant shall commence and/or
complete the subject actions and conditions approved by the Board.
i . No Use Variance Permitted In Specified Instances. Under no circumstances
shall the Board of Adjustment grant a variance to permit a use not generally
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, structures, or buildings in the same
zoning district and no permitted use of lands, structures, or buildings; in other
zoning districts shall be considered grounds for the authorization of a variance.
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D. Procedures for Processing Matters Before the Board
1. Appeal Proceedings. As provided in Section 54-1-2.2(D), appeals to the Board of
Adjustment concerning interpretation or administration of the Land Development Code
may be taken by any aggrieved person or by any person or officer of the City's governing
body affected by any decision of the Planning and Growth Management Director or
designated administrative personnel. Such appeals shall be taken within a reasonable
time, not to exceed ten (1 0) days after the rendering of the order, requirement, decisions,
or determination appealed, by filing with the Planning and Growth Management Director
a notice of appeal specifying the grounds thereof. The appeal shall be in the form
prescribed by the rules of the Board. The administrative officer from whom the appeal is
taken shall, upon notification of the filing and prior to the hearing date, transmit to the
Board of Adjustment all papers or materials constituting the record upon which the action
appealed was taken.
2. Hearing of Appeal, Notice Required. The Board of Adjustment shall establish a
reasonable time for the hearing of appeal, give public notice thereof consistent with
Section 54-1-2.8, as well as notice to the parties in interest and decide the same within a
reasonable time. At the hearing any party may appear in person or be represented by an
agent or by an attorney at law authorized to practice in the State of Florida. Appellants
may be required to assume such reasonable costs in connection with appeals as may be
determined by the City Council through resolution in setting of fees to be charged for
appeals.
Procedures for Processing Variances. A variance from the terms of these regulations
shall not be granted by the Board of Adjustment unless and until:
a. A written application specifying the grounds for the variance is submitted. See
Section 54-1-2.5(D )(1) Administrative Appeal.
b. Notice of public hearing shall be given as identified in Section 54-1-2.8 herein.
C. The public hearing shall be held, with the aggrieved parties appearing in person
or represented by an attorney at law authorized to practice in the State of Florida.
d. The Board of Adjustment shall determine that the application is complete and
that granting the variance meets the Criteria for Granting Variance and that the
variance is the minimum variance that will make possible the reasonable use of
the land, building or structure.
4. Stay of Proceedings. An appeal to the Board of Adjustment stays all work on the
premises and all proceedings in furtherance of the action appealed unless the
administrative official from whom the appeal is taken certifies to the Board of Adjust-
ment after the notice of appeal is filed with him, that by reason of facts stated in the
certificate, a stay would cause imminent peril to life and property. In such case,
proceedings shall not be stayed other than 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
Planning and Growth Management Director and on due cause shown.
f 5. Expiration of Variance Determinations. Variances shall become void if not exercised
within six (6) months of the date granted, unless specifically determined otherwise in
writing by the Board of Adjustment.
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6. Extension of Variance Determinations. Before this six (6) months period has expired,
l� the applicant may make a request to the Board of Adjustment by letter for an additional
six (6) months extension. Any further extensions of time shall require a new application
to be processed as a new case.
7. Recommendation Filed. On all proceedings held before the Board of Adjustment, the
Planning and Growth Management Director shall review the application and file a
recommendation on each item. Such recommendations shall be received, heard and filed
prior to final action on any item before the Board, and shall be part of the record of the
application. (In reference to Administrative Appeals, a summary explanation shall be
filed in place of a recommendation).
E. Appeals of Board of Adjustment Decisions to the City Council. Appeals of decisions by the
Board of Adjustment shall be final unless otherwise stated herein. However, any affected party,
including the City Manager on behalf of staff, aggrieved by a decision of the Board of
Adjustment may appeal the decision by filing a written appeal with the Planning and Growth
Management Director within ten (10) days of the decision of the Board of Adjustment. It shall
require four (4) affirmative votes of the City Council to override the Board of Adjustment
decision.
In considering and acting upon appeals of final decisions of the Board of Adjustment, the
following procedures shall be observed:
1. Procedure and Time Limitation for Appeal. For purposes of computation, the time for
filing an appeal to a decision by the Board of Adjustment shall begin on the date at which
the Board of Adjustment made such decision. The original and one copy of the Notice of
Appeal form provided by the Planning and Growth Management Director, together with
all the documents, plans, papers or other materials constituting the record upon which the
action appealed from was taken, shall be filed with the Planning and Growth
Management Director who shall ensure that copies thereof are provided to the City
Council, the City Manager and the City Attorney, or to the applicant if the appeal is taken
by the City Manager. Appeals not so filed shall be deemed waived.
2. Date of Hearing for Appeals. Hearings of appeals by the City Council shall be held at a
date and time fixed by the City Manager and shall in no event be less than thirty (30) nor
more than sixty (60) days after the filing of the Notice of Appeal.
3. Notice. Upon notification by the City Manager of the date fixed for hearing on any
matter subject to the provisions of this section, the City Clerk shall ensure publication of
due notice consistent with Section 54-1-2.8 herein.
4. Scope of Review by City Council. In reviewing an appeal of a final order or a decision
of the Board of Adjustment, the City Council shall be limited to review of the testimony,
documents, plans, papers or other materials constituting the record upon which the action
was taken. The City Council may, upon appeal, reverse or affirm wholly or partly, or
modify the order, requirement, decision, or determination made by the Board of
Adjustment and may make any necessary further order, requirements, decisions or
determinations respecting the subject of the appeal and, to that end, shall have all the
powers of the Board of Adjustment respecting such matter. The concurring vote of no
less than four (4) members of the City Council shall be necessary to reverse or modify
any order, requirement, decision or determination of the Board of Adjustment.
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5. Appearance and Argument. At any hearing upon any matter subject to the provisions
of this Code, the appellant seeking review by the City Council and any other party
desiring to be heard may appear in person, by agent or by attorney. The appellant shall
be entitled to make an initial presentation respecting the appeal, and at the conclusion of
presentations or statements by all other parties, shall be entitled to offer a statement in
rebuttal to such presentations if the appellant so desires. The presiding officer may, at the
commencement of the hearing, or at any time during such hearing, require that parties
desiring to make a presentation identify themselves, and may specify the time to be
allowed for each party to make such presentation.
6. Effect of Appeal and Stay of Proceedings. An appeal to the City Council shall, upon
filing, stay all proceedings in furtherance of the order or decision appealed from, unless
the City Council finds that, by reason of facts presented by the Board of Adjustment or
City staff, a stay would cause immediate peril to life or property, in which case,
proceedings shall not be stayed except by a restraining order granted by the City Council
for due cause shown after notice to the party filing the appeal. Nothing in this section
shall be deemed to impair the authority of any court of competent jurisdiction to enjoin or
stay actions of the City Council.
7. Decision and Order by the City Council. Action by the City Council upon any matter
subject .to the provisions of this section shall be announced by the presiding officer
immediately following the vote determining such action and shall thereafter be embodied
in a written order prepared by the City Clerk and executed by the presiding officer and
the City Clerk. Such written order shall be incorporated into the minutes of the meeting
at which such action occurred.
8. Finality of Decision. When the City Council has taken action respecting an appeal of a
Board of Adjustment action, no application for the same relief shall be accepted by the
City for consideration by the Board of Adjustment for a period of two (2) years from the
date of such action, provided however, after one (1) year, an applicant may request that
the City Council waive the provision of this section for proper cause based on changed
conditions and/or the advent of new information which substantially impacts material
issues. If a request for such waiver is submitted by the applicant, the City Council shall
determine if the changed conditions and/or the new information is sufficient to convene a
new hearing on the applicant's appeal. If the City Council determines that a hearing
should be held on the applicant's appeal, the City Manager shall direct the City Clerk to
provide due public notice of the scheduled public hearing in the same manner as required
for the original appeal as described in Section 54-1-2.8.
9. Judicial Review of Decisions. Any person or persons, jointly or severally, aggrieved by
a decision of the City Council respecting an appeal of a decision by the Board of
Adjustment, may apply by writ of certiorari in the manner provided by law, to the Indian
River County Circuit Court for judicial relief within 30 days after rendition of the written
decision.
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/0'"�
SECTION 54-1-2.6: CITY COUNCIL'S ROLE
A. Legislative Intent. The legislative intent of the Land Development Code is to provide the City
Council of the City of Sebastian regulatory powers necessary to implement the Comprehensive
Plan consistent with enabling legislation of Chapter 163, FS.
B. Powers and Duties of the City Council
1. Enact or Amend Land Development Code. The City Council shall adopt a Land
Development Code consistent with Section 163.3202, FS. Following receipt of a written
report from the City Planning and Zoning Commission, the City Council may amend or
supplement the regulations and districts fixed by the adopted City Land Development
Code. The City Council shall hold a public hearing on such matters, as required by
Florida Statutes, if any change is to be considered, and shall act on the proposed change
after such hearing. In cases where the recommendation of the City Planning and Zoning
Commission is adverse to the proposed change, such change shall not become effective
except by an affirmative vote of a majority of four (4) members of the City Council, after
due process.
2. Establish Fees and Appropriate Funds. The City Council may, by resolution, establish
fees, charges, and expenses imposed by the adopted Land Development Code.
3. Consider and Act on Development Issues as Required. The City Council shall
consider and act on development and growth management issues pursuant to this Code,
Chapter 163, FS, and other applicable laws and regulations.
4. Enforce Land Development Code. The . City Council shall enforce the Land
Development Code, including carrying out appropriate legislative actions.
5. Appoint and Confirm Members of Requisite Boards and Commissions. The City
Council shall appoint and confirm members of the Planning and Zoning Commission, the
Board of Adjustment, and any other Board, Commission or Committee as may be
deemed necessary by the City Council or applicable laws.
6. Take Other Actions Necessary to Implement the Land Development Code. The City
Council may take such other action not delegated to the Planning and Zoning
Commission, Board of Adjustment, Code Enforcement Board, or other entities as the
City Council may deem desirable and necessary to implement the provisions of the
Comprehensive Plan and the Land Development Code.
SECTION 54-1-2.7: AMENDMENTS TO THE LAND DEVELOPMENT CODE
A. Purpose and Intent. For the purpose of guiding and accomplishing coordinated and harmonious
development in accordance with existing and future needs and in order to protect, promote, and
improve public health, safety, comfort, order, appearance, convenience, morals, and general
welfare, the City of Sebastian, in accordance with the conditions and procedures specified in this
act, may enact or amend and enforce a Land Development Code after a public hearing as required
by Florida Statutes. In such ordinance the City shall be divided into districts of such number,
shape, and size as may be deemed best suited to carry out the purposes of this act, and within
these districts may regulate, determine, and establish:
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W
floe
1. Height, number of stories, size, bulk, location, erection, construction, repair,
reconstruction, alteration, and use of buildings and other structures for trade, industry,
residence, and other purposes;
2. Use of land and water for trade, industry, profession, residence, and other purposes;
3. Size of yards, courts and other open spaces;
4. Percentage of lot that may be occupied;
5. Density of population;
6. Conditions under which various classes of nonconformities may continue, including
authority to set fair and reasonable schedules for the elimination of nonconforming uses;
7. Use and types and sizes of structures in those areas subject to seasonal or periodic
flooding, so that danger to life and property in such areas will be minimized; and
8. Performance standards for use of property and location of structures thereon.
All such regulations shall be uniform throughout each district, but the regulations in one district
may differ from those in other districts. For each district designated, regulations may specify
those uses that shall be excluded or subjected 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 minimized or eliminated. Regulations and district boundaries shall protect, promote,
and improve public health, safety, comfort, order, appearance, convenience, morals, and general
welfare and shall be made with reasonable consideration, 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 City.
The purpose of this section is to provide a means for changing the text of the Land Development
Code or the boundaries of the Official Zoning Map. It is not intended to relieve particular
hardships, nor to confer special privileges or rights on any person, but only to make necessary
adjustments in light of changed conditions. In determining whether to grant a requested
amendment, the City Council shall consider, in addition to the factors set forth in this section, the
consistency of the proposed amendment with the intent of the Comprehensive Plan.
B. Procedures for Adopting, Supplementing or Amending the Land Development Code
1. Initiating Amendments to the Land Development Code. Amendments to the Land
Development Code or Official Zoning Map may be initiated by:
a. City Council. The City Council may initiate a Land Development Code or
Official Zoning Map amendment by approving a written statement expressing its
intent to amend this Land Development Code and shall submit such written
statement and any relevant supportive material to the City Planning and Zoning
Commission for review and action pursuant to Section 54-1-2.7(B)(3) of this
Chapter.
a
Planning and Zoning Commission. The City Planning and Zoning
Commission may initiate a Land Development Code or Official Zoning Map
amendment.
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Chapter I: General Administration
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C. Property Owner(s). An amendment to the Land Development Code may be
initiated by an application signed by a property owner or the authorized agent of
the property owner. Such petition shall be submitted to the Planning and Growth
Management Director together with a fee as shall be determined by resolution of
the City Council. As many lots or parcels of property as the applicant may desire -
may be included in any single petition if they are contiguous. The petition shall
be submitted on an application form prescribed by the Planning and Growth
Management Director. Applications for changes to the Official Zoning Map
shall include, but not be limited to, the following:
(1) Property Description. Where applicable, the application shall include a
legal description of the property that is the subject of the application, as
well as its street address.
(2) Comprehensive Plan Land Use Map Designation. The current and,
where applicable, the proposed Comprehensive Plan Land Use Map
designation for the subject property shall be identified.
(3) Current and Proposed Zoning. The current and proposed zoning for
the subject property shall be identified.
(4) Existing Use. The existing use of the subject property shall be stated.
(5) Disclosure of Ownership. The application shall include a verified
statement showing each and every individual person having a legal
and/or equitable ownership interest in the property upon which the
application for rezoning is sought, except publicly held corporations, in
which case the names and addresses of the corporate officers shall be
sufficient.
2. Administrative Review. The Planning and Growth Management Director shall forward
Land Development Code or Official Zoning Map change petitions, for which appropriate
fees have been submitted, to all appropriate administrative staff for their review and
comment. The application shall be reviewed for conformance with the requirements of
this Chapter. The Planning and Growth Management Director shall summarize the
staffs comments and make a recommendation to the Planning and Zoning Commission.
3. Planning and Zoning Commission Review. The Planning and Zoning Commission,
regardless of the source of the proposed zone change petition or change to the Land
Development Code, shall hold a public hearing. If the Official Zoning Map is proposed
for amendment, the public hearing shall be conducted after proper public notice is given
as required by Section 54-1-2.8. The Planning and Zoning Commission shall submit a
written report and recommendation concerning the proposed change to the Official
Zoning Map or to the Land Development Code to the City Council for official action. In
its deliberations the Planning and Zoning Commission shall consider the following
criteria:
a. Consistency with Plan. Whether the proposal is consistent with the
Comprehensive Plan. The Commission shall identify any inconsistencies.
b. Conformance with Ordinances. Whether the proposal is in conformance with
any applicable substantive requirements of the City of Sebastian Code of
Ordinances.
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C. Changed Conditions. Whether, and the extent to which, land use and
development conditions have changed since the effective date of the existing
regulations involved which are relevant to the amendment.
d. Land Use Compatibility. Whether, and the extent to which, the proposal would
result in any incompatible land uses, considering the type and location of uses
involved.
e. Adequate Public Facilities. Whether, and the extent to which, the proposal
would result in demands on public facilities and services, exceeding the capacity
of such facilities and services, existing or programmed, including transportation,
utilities, drainage, recreation, education, emergency services, and similar
necessary facilities and services.
f. Natural Environment. Whether, and the extent to which, the proposal would
result in significantly adverse impacts on the natural environment.
g. Economic Effects. Whether, and the extent to which, the proposal would
adversely affect the property values in the area, or the general welfare.
h. Orderly Development. Whether the proposal would result in an orderly and
local development pattern. Any negative effects on such pattern shall be
identified.
i. Public Interest; Enabling Act. Whether the proposal would be in conflict with
the public interest, and whether it is in harmony with the purpose and interest of
this ordinance and its enabling legislation.
j. Other Matters. Other matters which the Planning and Zoning Commission may
deem appropriate.
4. City Council Review. The City Council shall hold a public hearing on the requested
Zoning Map Amendment or Land Development Code amendment pursuant to Florida
Statutes. The City Council shall then act on the proposed change. In its deliberations the
City Council shall consider the criteria identified in Section 54-1-2-7.B.3 above, together
with the findings and recommendations of the Planning and Zoning Commission.
Any modifications or revisions to the City Planning and Zoning Commissions
recommendation which involve a greater area of land to be rezoned or a more intensive
zoning classification shall be the subject of an additional public hearing before the City
Council with notice prior to action by the City Council.
SECTION 54-1-2.8: PROCEDURES FOR PUBLIC HEARINGS.
The following notice requirements are in addition to the requirements as established by Florida Statutes.
The notice provisions contained herein regarding notice by mailing are directory only and failure to mail
such notice shall not affect any action taken on the application. The Planning and Growth Management
Director shall establish procedures for the processing of all applications including setting required
application filing deadlines to meet the requirements of this section.
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A. Public Hearing. A proceeding requiring a public hearing shall be conducted only after a notice
has been published at least once in a newspaper of general circulation in the City, the first
publication of which shall be at least fifteen (15) days before the hearing. However, nothing
contained herein shall be inconsistent with Florida Statues governing notices. The public notice
shall contain all information required by Florida Statutes and include at least the following items:
1. The date, time and place of meeting;
2. The title of the Board conducting such meeting;
3. A brief description of the matter to be considered; and
4. A legal description of the property and other appropriate information identifying the
property involved.
The giving of public notice of hearing shall be deemed sufficient when a notice has satisfied the
requirements as established by Florida Statutes. In addition, a copy of such notice shall be mailed
to all property owners within three hundred (300) feet of the outer boundary of the property
involved in the application including contiguous property under the same ownership, as shown in
the records of the county Property Appraiser. If the property involved in the application is a
condominium, then the required notice shall be by certified mail to the condominium association
and by regular mail to the individual owners. The applicant shall provide the list of the required
property owners to the Planning and Growth Management Department with the application for
the proposed action at least twenty (20) days before the hearing and shall pay for the mailing
costs.
SECTION 54-1-2.9: PROCEDURES FOR AMENDING COMPREHENSIVE PLAN.
A. Initiating Comprehensive Plan Amendments. Amendments to the Comprehensive Plan may
be initiated by:
1. City Council. The City Council may initiate a Comprehensive Plan amendment by
approving a written statement expressing its intent to amend the comprehensive plan and
shall submit such written statement and any relevant supporting material to the City
Planning and Zoning Commission for review and action pursuant to section 54-1-2.9.0 of
this chapter.
2. Planning and Zoning Commission. The City Planning and Zoning Commission may
initiate a Comprehensive Plan Amendment.
3. Resident; Property Owner(s). An amendment to the Comprehensive Plan may be
initiated by an application signed by a property owner or the authorized agent of the
property owner. Such application shall be submitted to the office of the Planning and
Growth Management Director, together with a fee as shall be determined by resolution of
the City Council from time to time. As many lots or parcels of property as the applicant
may desire can be included in any single application if they are contiguous. The
application shall be submitted on a form prescribed by the Planning and Growth
Management Director. The application shall include, but not be limited to, the following:
a.
ll
The applicable section(s) of the comprehensive plan sought to be amended;
The proposed amendments sought to the comprehensive plan;
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C. The impact that the proposed change has on other elements of the comprehensive
plan and applicable ordinances of the City;
d. If the application relates to an amendment to the land use element, said
application shall, in addition to the foregoing, include:
(1) Property description. A legal description and a description by street
address, where possible, of the property to be affected by the proposed
change.
(2) Current and proposed comprehensive plan land use map
designation. Current and proposed comprehensive. plan land use map
designation for the subject property.
(3) Current and proposed land development. The existing and proposed
land development for the subject property.
(4) Existing and proposed use. The existing and proposed use of the
subject property, if applicable.
(5) Disclosure of ownership. A verified statement showing each and every
individual person having a legal and/or equitable ownership interest in
the property upon which the application for Comprehensive Plan
amendment is sought, except publicly held corporations, in which case
f the names and addresses of the principal corporate officers shall be
sufficient.
e. No application under this section shall be reviewed by staff or any board,
commission or the City Council until such application is fully completed and
submitted with the appropriate fee.
B. Administrative Review. The Planning and Growth Management Director shall forward
comprehensive plan amendment applications to all appropriate staff for their review and
comment. The application shall be reviewed for conformance with the requirements of this
chapter. The Planning and Growth Management Director shall summarize the staff s comments
and make a recommendation to the Planning and Zoning Commission.
C. Planning and Zoning Commission Review. The Planning and Zoning Commission, regardless
of the source of the proposed Comprehensive Plan amendment, shall hold a public hearing
thereon. The Planning and. Zoning Commission shall submit a written report and
recommendation concerning the proposed comprehensive plan amendment to the City Council
for official action. In deliberating, the Commission shall consider the following:
I. Consistency with Other Elements of Plan. Whether the proposal is consistent with the
other elements of the comprehensive plan. The commission shall identify any
inconsistencies.
2. Conformance with Ordinances. Whether the proposal is in conformance with any
applicable substantive requirements of the City of Sebastian Code of Ordinances,
particularly the Land Development Code, and/or whether the proposed amendment will
require amendments to any ordinances of the City.
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3. Changed Condition. Whether, and the extent to which, land use and development
conditions have changed since the effective date of the existing regulations involved
which are relevant to the proposed amendment.
4. Land Use Compatibility. Whether, and the extent to which, the proposal would result
in any incompatible land uses, considering the type and location of uses involved.
5. Adequate Public Facilities. Whether, and the extent to which, the proposal would result
in public facilities and services exceeding the capacity for such services and facilities
existing or programmed, including transportation, utilities, drainage, recreation,
education, emergency services and similar necessary facilities and services.
6. Natural Environment. Whether, and the extent to which, the proposal would result in
significantly adverse impacts on the natural environment.
7. Economic Effects. Whether, and the extent to which, the proposal would adversely
affect the property values in the area, the general health, safety and welfare and impact
the financial resources of the City.
8. Orderly Development. Whether the proposal would result in an orderly and local
development pattern. Any negative effects on such patterns shall be identified.
9. Public Interest Enabling Act. Whether the proposal would be in conflict with the
public interest, and whether it is in harmony with the purpose and intent of this chapter
and its enabling legislation.
10. Other flatters. Other matters which the Planning and Zoning Commission may deem
appropriate.
D. Action Following Review by City Planning and Zoning Commission. After review of the
proposed comprehensive plan amendment, and the revision relating thereto, the Planning and
Growth Management Director shall place the proposed ordinance amending the Comprehensive
Plan, with comments from the Planning and Zoning Commission, on the next available meeting
agenda for City Council action. The applicant shall be advised of the time and place of the City
Council meeting. The amendment shall be considered as required by Florida Statutes.
SECTION 54-1-2.10: VACATION OF PUBLIC RIGHTS -OF -WAY
A. Proposals to Vacate. A proposal to vacate a public right-of-way may be initiated by a vote of the
City Council or upon the filing of an application, as specified herein, by one or more owners of
property within the City of Sebastian. A fee vacation of public right-of-way shall be established
by resolution of the City Council.
B. Application and Staff Review. The Planning and Growth Management Director shall review all
applications for vacation of public rights -of -way. Any proposal for vacation of public rights -of -
way shall be submitted as an application to the Planning and Growth Management Director. The
Planning and Growth Management Director shall prescribe the form and content of the
application for vacation of public rights -of -way and shall coordinate a thorough staff review of
such applications with all other relevant public entities providing public services within the City.
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Chapter I: General Administration Article II: Administration and Enforcement
1. Information to be Included on the Application. The application, at a minimum, shall
identify the following information:
• The specific location and legal description of the right-of-way;
• The current use of the right-of-way;
• The projected future use or re -use of the right-of-way;
• The projected impacts of the proposed vacation on public services now and in the
future; and
• The impact on adjacent properties as well as major areas or land uses currently
benefiting from a public service or system that uses the subject right-of-way.
C. Findings of No Public Purpose. In considering applications for vacating public rights -of -way,
the Planning and Growth Management Director and all relevant City staff shall review whether
any public purpose is served by the subject right-of-way. This evaluation shall consider all
relevant public purpose options associated with drainage systems; water service; sanitary sewer
services; roadways, pedestrian and/or bicycle ways, and alleys; public safety, including
emergency service access and egress; communication systems; power and/or fuel networks; or
other public or semi-public services essential to the public welfare and safety. Consideration shall
include present and future needs for the right-of-way for purposes of accommodating or
improving delivery of public services and/or ensuring convenient access for service and/or
maintenance or other public benefit now or in the future. In order to affirmatively recommend
vacation of rights -of -way, the Planning and Growth Management Director shall render a finding
that no current or future public purpose can be identified for the subject right of way.
D. Public Hearing, Notice and Final Determination by City Council. The City Council shall
io"1 render the final determination regarding a vacation of a public right-of-way after convening a
public hearing pursuant to Section 54-1-2.8 and written notice to the applicant and/or property
owner and providers of public services, as identified in Section 54-1-2.10.C, setting forth the
time, place and purpose of the hearing.
Prior to rendering a final decision the City Council shall consider the report prepared by the
Planning and Growth Management Director. The City Council shall not approve the vacation of
a public right-of-way unless the finding is consistent with the following criteria:
1. No current use of the right-of-way beneficial to the public interest exists;
2. No projected future use or re -use of the right-of-way beneficial to the public interest
exists;
3. No adverse impacts on public services caused by the proposed vacation now or in the
future can be identified; and
4. No adverse impacts to adjacent properties as well as major areas or land uses currently
benefiting from a public service or system that uses the subject right-of-way can be
identified.
The City Council shall cite specific findings in support of a final decision to vacate a public
right-of-way, including an absence of public purpose for the subject right-of-way. Similarly the
City Council shall identify specific findings in support of any decision to retain the public right-
/0011� of -way. Any decision to vacate a public right-of-way shall be by resolution of the City Council.
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