HomeMy WebLinkAboutO-89-16ORDINANCE NO. 0-89-16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CONDITIONAL USES;
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; AMENDING CLAUSE 20A-6.1.C.19.b.(1) OF THE
LAND DEVELOPMENT CODE PROVIDING FOR THE APPROVAL OF
RENEWALS OF MODEL HOME PERMITS BY THE PLANNING AND
ZONING COMMISSION; DELETING CLAUSE 20A-6.1.C.19.b.(2)
OF THE LAND DEVELOPMENT CODE REGARDING NOTICE
REQUIREMENTS; RESERVING CLAUSE 20A-6.1.C.19.b.(2) FOR
FUTURE PROVISIONS; 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 Council of the City of Sebastian deems it
appropriate for the efficient administration of the City to
provide for the Planning and Zoning Commission to determine
whether to issue and renew model home permits pursuant to the
Land Development Code of the City of Sebastian; and
WHEREAS, Section 20A-6.1.B of the Land Development Code of
the City of Sebastian provides for notice requirements for all
conditional uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, 'INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. MODEL HOME PERMIT
Clause 20A-6.1.C.19.c.(1) of the Land Development Code of
the City of Sebastian shall be amended to read as follows:
"(1) Model homes shall be regulated through the issuance of
a model home permit. The permit shall be issued for a period not
to exceed one year. The planning and zoning commission
esumei~ may renew said permit upon application, provided that the
model home has been constructed and operated in accordance with
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this code."
Section 2. NOTICE REQUIREMENTS.
Clause 20A-6.1.C.19.c.(2) of the Land Development Code of
the City of Sebastian is hereby deleted in its entirety.
section 3. RESERVED PROVISIONS.
Clause 20A-6.1.C.19.c.(2) of the Land Development Code of
the City of Sebastian is reserved for future provisions.
Section 4. CONFLICT.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. 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 Code of Ordinances 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 6. 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
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City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision thereby
causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Councilman
was as follows:
The motion was seconded by Councilman
and, upon being put to a vote, the vote
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
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, ~ayor
ATTEST:'
Kathr~n M. 'O'Halloran, CMC/AAE
City ~lerk
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearina was held on
this Ordinance at 7:00 p.m. on the~_day of ~~ ,
1989, and that following said public hearing, this O~inance was
passed by the City Council.
Kathr~n M. O'Halloran, CMC/AAE
City Clerk
Approve~as to Form and Content:
Charles Ian Nash, City Attorney
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