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HomeMy WebLinkAboutORD #202-O EMERGENCY ORDINANCE NO. 202-0 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE BY PERMITTING FOR SAND MINING OPERATIONS AS A SPECIAL EXCEPTION IN ANY ZONING DIS- TRICT; REQUIRING SITE PLAN APPROVAL; PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Sebastian, Florida, as follows: SECTION I That Section I, the Definitions section, of Ordinance 202, as amended, is amended by adding a definition to said which reads as follows: Sand Mining shall mean the digging, stripping or removal by any process of natural materials or deposits from their natural state and location., said materials and deposits to include rock, stone, minerals, shell, sand, marl, muck, and soil, but not including sod. Sand mining as used herein shall not include digging for foundations, fences, drainage ditches, structures or incidental to constructions work, wherein no materials are removed from the premises. Mining shall be further defined to include oil and/or natural gas drilling or excavation. SECTION II. That Section III(A) of Ordinance 202, as amended, is hereby created to read as follows: Section III(A) - Special Exceptions Ail Zoning Districts The following special exception may be permitted in any zoning district only upon appli- cation to the Planning and Zoning Commission, submission and approval of a mining site plan as provided in Article III, Chapter 1 of the Code of Ordinances, and after recommendations have been received by the Planning and Zoning Commission, subsequent approved by the City Council: Sand Mining SECTION III. Ail Ordinances or parts of Ordinances in conflict herewith are specifically repealed. SECTION IV. This Emergency Ordinance shall take effect immediately upon becoming law. SECTION V. If any section, subsection, sentence, clause, phrase or work of this emergency ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not effect the validity or constitutionality of any of the remaining portions of this ordinance. ATTEST: Ci6y Clerk I HEREBY CERTIFY that the foregoing ordinance was enacted as an emergency'ordinance by a two-thirds vote of the City Council of the City of Sebastian, Florida, in accordance with F.S. 166.041(3) (b), this /~ day of~~~ , 1980. (SEAL)