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HomeMy WebLinkAboutO-88-06ORDINANCE NO. 0-88-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH A OF SECTION 20A-11.2, SUB-PARAGRAPH (C)(1) OF SECTION 20A-11.2, SUB-PARAGRAPH (C)(3)(A) OF SECTION 20A- 11.2, PARAGRAPH B OF SECTION 20A-11.3, PARAGRAPH (C)(1) OF SECTION 20A-11.3, SUB-PARAGRAPH (D)(1)(A) OF SECTION 20A- 11.3, SUB-PARAGRAPH (D) (3) OF SECTION 20A-11.4, AND SUB- PARAGRAPH (B)(1) OF SECTION 20A-11.4, ALL IN THE CITY'S LAND DEVELOPMENT CODE, AND THEREBY DELETING REFERENCES TO SPECIFIC PROVISIONS OF VARIOUS PROVISIONS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION That the first sentence of paragraph (A) of Section 20A-11.2 of the Land Development Code, now reading as follows: "A. Establishment, composition and terms. Pursuant to section 163. 220 et seq., Florida Statutes, the board of adjustments shall consist of five (5) members and one alternate member appointed by the council for three- year terms from among the qualified voters who have been a resident for a minimum of one year within the corporate limits of the city, and shall serve without compensation." IS HEREBY AMENDED TO READ AS FOLLOWS: "A. Establishment, composition and terms. The Board of Adjustments shall consist of five (5) members and one alternate member appointed by the City Council for three year terms from among the qualified voters who have been a resident of the City for at least one year and shall serve without compensation." SECTION II That sub-paragraph (C)(1) of Section 20A-11.2 of the Land Development Code, now reading as follows: "1. Authority. The board of adjustments shall abide by all the applicable provisions of section 163.225 of the Florida Statutes. In no instance shall the board grant a use of land in any zoning district other than those uses allowed in such district as a permitted use or a special exception use." IS HEREBY AMENDED TO READ AS FOLLOWS: "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 special exception use." SECTION III That the first sentence of sub-paragraph (C) (3)(a) of the Land Development Code, now reading as follows: "a. Officers. Pursuant to section 163.220(3), Florida Statutes, the board shall elect a chairman and vice- chairman from among its members and shall appoint a secretary who may be an officer or employee of the governing body." IS HEREBY AMENDED TO READ AS FOLLOWS: "a. Officers. The Board shall elect a Chairman and a Vice-Chairman from among its members and shall appoint a secretary who may be an officer or employee of the City." SE~TIQN IV That the last sentence of Paragraph B of Section 20A-11.3 of the Land Development Code, now reading as follows: "The local planning agency, in accordance with the Local Government Comphrehensive Planning Act of 1975, sections 163.3161 through 163.3211, Florida Statutes Shall:" IS HEREBY AMENDED TO READ AS FOLLOWS: "The Local Planning Agency Shall:" SECTION That sub-paragraph (C) (1) of Section 20A-11.3 of the Land Development Code, now reading as follows: "1. Authority. The city planning and zoning commission shall abide by all applicable provisions of the City Charter, as amended, and section 163.180, Florida Statutes." IS HEREBY AMENDED TO READ AS FOLLOWS: "1. Authority. The City Planning and Zoning Commission shall abide by all applicable provisions of the City Charter, as amended, and all applicable provisions of Florida Statutes." SECTIQN VI That sub-paragraph (D) (1)(a) of Section 20A-11.3 of the Land Development Code, now reading as follows: "a. Intent. In compliance with section 163.3194, Florida Statutes, all development within the City of Sebastian and all development orders and public actions related to such development shall be consistent with the city's adopted comphrehensive land use plan as may be amended. 'Development Order' as stated herein shall mean any order granting, denying, or granting with conditions an application for a development permit, subdivision approval, rezoning, special exception, variance, or any other action having the effect of permitting the development of land as defined in section 163.3161, Florida Statutes." IS HEREBY AMENDED TO READ AS FOLLOWS: "a. Intent. Ail development within the City and all development orders and actions related to such development shall be consistent with the City's adopted Comprehensive Land Use Plan, as may be amended. 'Development Order' shall mean any order granting, denying, or granting with conditions, any application for a development permit, subdivision approval, rezoning, special exception, variance, or any other action having the effect of permitting the development of land as defined in the Florida Local Government Comprehensive Planning Act, as amended." SECTION VII That the first sentence of paragraph (D) (3) of Section 20All.4 of the Land Development Code, now reading as follows: "3. Review of zoning ordinance adoption and amendment. Prior to adoption or amendment of the zoning code, the planning and zoning commission shall review such regulations and maps, hold appropriate hearings as required pursuant to section 163.041, Florida Statutes, as referenced herein in Section 20A-11.4." IS HEREBY AMENDED TO READ AS FOLLOWS: "3. Review of Zoning Ordinance Adoption or Amendment. Prior to adoption or amendment of the zoning code, the Planning and Zoning Commission shall review such proposals and hold appropriate public hearings as required by the Florida Local Comprehensive Planning Act, as amended." SECTION VIII That sub-paragraph (B)(1) of Section 20A-11.4 of the Land Development Code, now reading as follows: "1. Enact zoning regulations. Following receipt of a written report from the planning and zoning commission pursuant to section 163.215, Florida Statutes, the city council may amend or supplement the regulations and districts fixed by the adopted city zoning code." IS HEREBY AMENDED TO READ AS FOLLOWS: "1. Enact Zoning Regulations. Following receipt of a written report from the Planning and Zoning Commission, the City Council may amend or supplement the regulations and districts fixed by the then adopted City Zoning C od e." SECTIQN IX This Ordinance shall be effective immediately upon final passage by the City Council. C~~TIAN, FLORIDA L.~ G~ne/~arris, Mayor Kathry~ M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of Public Hearing on this Ordinance was published in a newspaper of general circulation in the City of Sebastian; that.,~a public~ hearing on this Ordinance was held at City Hall on the~day of ~ , 1988, and following the said public hearing this Ordinanc~ was passed by the City Council by the following Vote: Vice Mayor Roth Councilman McCarthy Councilman Vallone Councilman Metcalf Mayor Harris Kathr~n M. O'Halloran Approved as to Form and Content: City Attorney