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HomeMy WebLinkAboutORD #202-TORDINANCE NO. ~-~-T-' AN ORDINANCE AMENDING SECTION XVII OF ORDINANCE 202, AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY PROVIDING FOR CHANGES AND AMENDMENTS; ESTABLISHING AMENDMENT PROCEDURES; PRO- VIDING FOR ITERIM ZONING; SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA HEREBY ORDAINS: SECTION I, That Section XVII of Ordinance 202, as amended, of the City of Sebastian, Florida, the same being the Zoning Ordinance of the City, is hereby amended to read as follows: SECTION XVII - ZONING AMENDMENTS. (a) CHANGES .AND AMENDMENTS. The Council may from time to time, on its own motion, the motion of the Sebastian Planning and Zoning Commission or the petition of the owner or the owner's authorized agent, amend, supple- ment, change, modify, or repeal by ordinance, pursuant to the authority and in the manner provided by state law and this ordinance, the zoning boundaries or districts established herein or the provisions of this ordinance. (b) AMENDMENT PROCEDURES. Persons authorized under paragraph (a) above to request zoning changes or amendments shall submit a petition on forms with the required fee and in the manner provided from time to time by resolution of the Council. The applicant shall pay to the City Clerk an application fee as established by resolution of the Council for each requested change, provided, however, that as many lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous area. Within ten (10) days the City Clerk will transmit the petition with comments from any department of the City, if any, to the members of the City Planning and Zoning Commission at least seven (7) days prior to the Planning and Zoning Commission's first consideration of the petition~ The City Clerk shall notify the applicant of the time and place of the City Planning and Zoning Commission meeting to consider the applicant's petition. Should the City Planning and Zoning Commission deny tentative approval of the petition, the applicant may appeal the decision to the City Council. If an appeal is taken, the City Clerk shall transmit copies of the petition, the comments and the minutes of the Planning and Zoning Commission meeting to each member of the City Council at least seven (7) days before the Council shall consider the appeal. The City Clerk shall notify the applicant of the time and place of the meeting at which the Council will hear the appeal. Should the Council tentatively approve the petition, the City Council will proceed to hold a public hearing(s) on the petition~ Should the City Council deny tentative approval, the applicant may withdraw his petition and the fee deposited shall be returned to him. Should the applicant desire a public hearing(s), he shall inform the Council and the Council will proceed with public hearings and the fee deposited shall remain the property of the City. Should the City Planning and Zoning Commission tentatively approve the petition, the City Clerk shall transmit copies of the petition, all comments and the minutes of the Planning and Zoning Commission meeting to each member of the Council at least seven (7) days before the Council shall consider the petition. Should the Council tentatively approve the petition, public hearing(s) shall be held on the petition. When public hearings are held, then in connection with the required publication of the notice for the public hearing before the Council, the City Clerk shall by regular mail send a written notice to all property owners of property within three hundred (300) feet of the outer limits of the area described in the petition requesting a change, advising all such owners as shown upon the last prepared and completed tax assessment roll of the county, in simple terms, the proposed change and the time, date and place of the public hearing. In the event more than one hundred (100) lots or parcels containing more than 5% of the land area of the city are being rezoned, notification shall be by public notice only. The provisions hereof providing for mailing notice is directory only, and the failure to mail such notice shall not affect any change or amendment of~id zoning ordinance° (c) INTERIM ZONING. The City Council may adopt stop-gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area in the City, pending the completion of comprehonsive zoning, water and sewer, urban renewal or other similar type plans SECTION II. Ail ordinances or parts of ordinances in conflict herewith are specifically repealed. SECTION III. This ordinance shall take effect immediately upon becoming law. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. CITY OF SEbaSTIAN, FLORIDA Pat Flood, Jr., g~Fyor City~ Cl~rk ' ~ -3- I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the../)~ ~daY of ~/~%~-t~ ,1981. ~' City/Clerk I HEREBY CERTIFY that a Notice of Public Hearing of the foregoing Ordinance in accordance with Section 166.041, Florida Statutes, on,~~,~.~.~ 1981, in the Vero Beach Press-Journal, a newspaper of general circulation in the City of Sebastian, Florida; that Notice of said public hearing was likewise mailed to each property owner of record as provided in the Zoning Ordinance; and that said public hearing was held in City Hall, Sebastian, Florida, at 7; ~ ~ o'clock, p. m. on ~ /~q~ , 1981, that said Ordinance passed on second and final reading and was adopted by the City Council of the City of Sebastian, Florida, on ~. /~ , 1981.