HomeMy WebLinkAboutO-93-20 ORDINANCE NO. 0-93-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-
3.9(C), 20A-6.1(C) (9) (a) AND 20A-6.1(C) (9) (b) (4) OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAINING TO CL, LIMITED COMMERCIAL DISTRICTS, BY
PERMITTING DRIVE-THROUGH FACILITIES AS CONDITIONAL USES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; /~ND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined that an amendment to the Land Development Code is
necessary for the purpose of permitting drive-through facilities
(business and professional offices only) as conditional uses within
the CL, Limited Commercial Districts, within the City of Sebastian;
and
WHEREAS, the city of Sebastian has determined that this
amendment to the Land Development Code is consistent with the
City's comprehensive plan, goals and objectives; and
WHEREAS, the City Council has determined that permitting
drive-through facilities (business and professional offices only)
within the CL, Limited Commercial District, would be in the best
interest of the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section 1. Chapter 20A, Section 20A-3.9(C) of the Land
Development Code of the City of Sebastian is hereby amended as
follows:
"C. Conditional uses. In this district as a conditional use a
building or premises may be used for only the following conditional
uses upon compliance with applicable conditions stated in Article
VI and all other applicable provisions of this Code, including site
plan review and performance criteria. The Planning and Zoning
Commission shall ascertain if such conditions and provisions are
satisfied. Appeal of such decisions shall be heard by the City
Council.
~i~s!si~i~i~i~i~i~i~i~!~i~!~i~~raI homes, gaso ~ ~ne sa Ies, nurs ~ng
~:~'~ ............. I'~'~'~:~'~:':':':':':~:~'~':'~'~'~'~s or convalescent homes), public and
private utilities, public parks and recreation areas, child care
facilities, public protective and emergency services, hotels and
motels, restaurants (excluding drive-ins), transient quarters,
veterinary services and accessory uses."
Section 2.
Chapter 20A, Section 20A-6.1(C) (9)(a) of the
Land Development Code of the City of Sebastian is hereby amended as
follows:
"9. Drive-through facilities:
Applicable zoning districts. ~ ..... "~ ~ ....... ~ ~riv^-
Commercial uses with drive-throuq~ facilities shall be
permitted as a conditional use within the following
zonin~ district: CG
Business and professional offices with drive-through
facilities shall be.permitted as a conditional use within
the followin~ zoning districts: CL"
Section 3. Chapter 20A, Section 20A-6.1(C) (9) (b)(4) of the
Land Development Code of the City of Sebastian is hereby amended as
follows:
"(4) In the CG district no drive-through facility shall
locate within one hundred (100) feet of a
residential district.
In the Commercial Limited (CL) district no business
or professional office with drive-through facility
may abut a RS-10, RS-15, RSr.~Q.~ RE-40, RM-8, RM-12
and MH zoning districts."
Section 4. CONFLICTS. Ail ordinances or parts
ordinances in conflict herewith are hereby repealed.
of
Section 5. CODIFICATION. It is the intention of the city
Council of the City of Sebastian, Indian River County, Florida, and
it is hereby 9rovided 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 the word
"Ordinance" may be changed to
appropriate designations.
Section 6. SEVERABILITY.
"Section," "Article" or other
In the event a court of
competent jurisdiction shall hold or determine that any part of
this ordinance is invalid or unconstitutional, the remaining
provisions of this 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 provision. It
shall further be assumed that the City Council would have enacted
the remainder of this ordinance
unconstitutional provision, thereby
remain in full force and effect.
Section 7. EFFECTIVE DATE.
without said invalid and
causing said remainder to
This ordinance shall become
effective immediately upon its adoption.
The foreg~ng ordinance
member
Councilmember
was moved for adoption by Council-
The motion was seconded by
and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon declared this ordinance duly passed and
adopted this /~,4~. day of~LA~.0~ , 1994.
~nnie R. ~, Mayor
Kat~:~n M~/O'Hall~an: ~C/~E
City ClerR
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 ~ublic hearinq was held on, this
ordinance at 7:00 p.m. on the /~,~-~ay of ~ , 199~, and
the following said public hea~his ordinah~e was~passed by the
City Council.
K~hryn~. O'Halloraff, CMC/AAE
City Cl~rk
Approved .~s t~. and content:
Charles ~an Nash, City Attorney
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