HomeMy WebLinkAboutO-89-10ORDINANCE NO. 0-89-10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CITY PLANNING AND
ZONING COMMISSION; AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; AMENDING PARAGRAPH A OF
SECTION 20A-11.3 TO PROVIDE FOR THE CITY PLANNING AND
ZONING COMMISSION TO HAVE TWO ALTERNATE MEMBERS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has previously established a
planning and zoning commission which has been designated as the
local planning agency pursuant to, and in accordance with,
Section 163.3174 of the Florida Statutes; and
WHEREAS, the City Council deems it appropriate to provide
for the planning and zoning commission to have two alternate
members, rather than just one alternate member, in order to
better facilitate the carrying out of the duties that the
planning and zoning commission has pursuant to Florida law and
the ordinances of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1.
Alternate Members.
Paragraph A of Section 20A-11.3 of the Land Development Code
of the City of Sebastian shall be amended to read as follows:
"Sec. 20A-11.3. City planning and zoning commission.
A. Establishment, composition and terms.
The planning and zoning commission is hereby
established and shall consist of seven (7) members and
~e twQ alternate~ who shall be residents of the city
and shall serve without compensation. The city council
shall appoint each for a term of three (3) years. The
terms shall be staggered. Existing members shall hold
office for the term for which each member was
appointed. The city council shall hereinafter
establish a sequence for the staggered terms. If a
vacancy occurs, the city council shall within thirty
(30) days therefrom fill the vacancy for the unexpired
term. Members of the commission shall hold no other
city office. Any member may be removed from office for
cause by the city council upon written charge and
public hearing:
Alternate member~ duties. The alternate members
of said planning and zoning commission may atten~
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 commission shall reflect the name of the
absent, disabled or disqualified member in whose
place and stead the alternate is acting. The
absence of a member, including the an alternate
member, for three (3) consecutive meetings,
without an excuse approved by the chairman of the
planning commission and noted in the minutes,
shall be deemed cause for removal of the member by
the city council. Each alternate member shall fill
in for a reqular member who_i.s absent, disabled or
disqualified on a rotatinq basis with the most
senior alternate member to be the first in the
initial rotation. If more than one reqular member
is absent, disabled or disqualified, then both
alternate members shall act as members of the
planninq and zoninq commission.
2. Vacancies. Vacancies shall be filled for the
unexpired term of any members whose term becomes
vacant. The city council shall fill any vacancy
within thirty (30) days after the vacancy occurs.
~h~ A_~n alternate may, in this event, be appointed
as a regular member, whereupon the resulting
vacancy in the position of an alternate shall be
filled as provided in this section."
Section 2. Conflict.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. Codification.
It is the intention of the City Council of the city of
Sebastian, Indian River County, Florida, and it is hereby
provided that the provisions of this Ordinance shall become and
be made a part of the Land Development Code of the City of
Sebastian, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intention; and that
the words "ordinance" may be changed to "section", "article", or
other appropriate designation.
Section 4. Severability.
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 will be presumed that the City Council of the
City of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
city Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon final
2
passage.
The foregoing Ordinance was moved for adoption by Councilman
', ,_ ~ __. The motion was seconded by
Councilman ~/.~....~/~/~ and, upon being put to a
vote, the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this /~/~- day of ...... J~Lf , 1989.
Richard B. Votapka, Mayor
ATTEST:
Kathry~/M. O'Halloran, CMC/AAE
City Cl~erk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press as required by
State Statute, that one public hearing was held on this Ordinance
at 7:00 p.m. on the __~_~day of ~JLL~t~-. , 1989, and that
following said public hearing this Ordinance was passed by the
City Council.
Kath~h M. O'~alloran, CMC/AAE
City ~lerk
Approved as to Form and Content:
Chiles Ian Nash, City Attorney