HomeMy WebLinkAboutO-00-09ORDINANCE NO. 0-00-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDiAN RIVER
COUNTY, FLORIDA, AMENDING THE CITY-WIDE ZONING MAP TO
COMPLY WITH COMPREHENSIVE LAND USE PLAN; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, state law requires the City to enact zoning districts compatible with Land
Use categories of the Comprehensive Growth Management Plan; and
WHEREAS, the City Council has provided notice of the proposed zoning changes
necessary to adopt the amended Zoning Map herein and conducted a public hearing to receive
citizen input; and
WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria
identified in Section 20A-11.6(C) of the Land Development Code together with the recommended
findings and recommendations of its staff and Planning and Zoning Commission; and
WHEREAS, the City Council as made the following findings:
A. The proposed use is consistent with the goals, objectives and other elements of the
Comprehensive Land Use Plan.
B. The proposed use is in conformity with the substantive requirements of the City of
Sebastian Code of Ordinances, particularly the Land Development Code.
C. The proposed use is not in conflict with the public interest of the citizens of the City of
Sebastian.
D. The proposed use is compatible with adjacent land uses.
E. Adequate public facilities and services exist in the City to serve the proposed use and the
demand for such use will not exceed the capacity for such services and facilities.
F. The proposed change in use will not result in any adverse impacts on the natural
environment.
G. The proposed use will not adversely affect the property values in the area, or the general
health, safety and welfare of the City or have an adverse impact on the financial
resources of the City.
H. The proposed use will result in an orderly and local development pattern.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. ZONING MAP. The amended Official City Zoning Map as maintained
on file in the Growth Management Department of the City of Sebastian is hereby adopted.
Section 2. INTENT. It is the intent of this Ordinance that all zoning categories
shown on the Official City Zoning Map shall be compatible with the Future Land Use Map
adopted in accordance with the City Comprehensive Growth Management Plan as found to be in
compliance by the State of Florida Department of Community Affairs and in effect on the
effective date hereof. Any inconsistency with said Future Land Use Map is hereby declared to be a
scrivener's error and staff is directed to make such modifications to the map referenced in Section
1 hereto as is necessary to reflect the true intent of this Ordinance..
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVER_ABILITY. In the event a court of competent jurisdiction shall hold
or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be
assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective upon
passage.
The foregoing Ordinance was moved for adoption by Councilmember ,~ The
motion was seconded by Councilmember .... ~~x~ and, upon being put to a vote,
the vote was as follows:
MayorCouncilmember //~~/A~ ~ ~,~, ,~ ......
Councilmember ~~;-- ~ ....
CouncilmemberC°uncilmember '~9~~'::} ~/"~
The Mayor thereupon declared this Ordinance duly passed and adopted this ~/
day of March, 2000.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
kath~yn ~. o"Hal~oran, CMC/AAE
City Clerk
By: ~ ~
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
Rictl 'Stringerl City ~.~torney