HomeMy WebLinkAboutO-93-22 ORDINANCE NO. 0-93-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, ~RTICLE II,
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
determined that the issuance of special use permits pursuant to
Section 20A-2.6 of the Land Development Code should require, as a
condition precedent, review by the Planning and Zoning Commission
of the City of Sebastian; and
WHEREAS, Section 20A-2.6 of the Land Development Code of the
City of Sebastian must be amended to provide for review by the
Planning and Zoning Commission of special use permit applications;
and
WHEREAS, amending Section 20A-2.6 of the Land Development Code
of the City of Sebastian to provide for review of special use
permit applications by the Planning and Zoning Commission is not
inconsistent with the laws of the State of Florida or the City
Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
Section 1. Chapter 20A, Article II, Section 20A-2.6 of the
Land Development Code of the City of Sebastian, pertaining to
special use permits, is hereby amended as follows:
"Sec. 20A-2.6. Special use permits.
A. Jurisdiction. Notwithstanding any provisions of this article,
the City council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise illegal,
shall not be specifically prohibited pursuant to the comprehensive
plan or other applicable law or regulations, and shall satisfy the
following findings of fact by the City Council.
B. Required finds of fact. The City Council shall not grant any
special use permit under this section unless it shall make
findings, based upon the evidence presented, that:
The granting of the special use permit will not be
detrimental to the public safety, health or welfare or be
injurious to other properties or improvements within the
immediate vicinity in which the property is located; and
The use requested is consistent with the purpose and
intent of the respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district.
C. Conditions. In granting special use permits under this
section, the City Council may require such conditions as will, in
its judgment, substantially secure the objectives and intent of the
zoning regulations and other components of the City's land
development controls.
D. Planning and Zoning Commission Review. Prior to the City
Council considering an application for a special use permit, the
Planning and Zoning Commission shall hold a public hearing to
review and consider the application for a special use permit.
After the public hearing, the Planning and Zoning Commission shall
indicate whether, in the Qpinion of the Planning and Zoning
Commission, the proposed use meets the required findings of ~.~
set forth in Subsection (B) of this Section 20A-2.6.
E. Public hearing. Before acting on any request under this
section, the City Council shall hold a public hearing thereon, with
notice as follows:
By publication in a newspaper of general circulation in
the City of Sebastian at least seven (7) days prior
thereto; and
By certified mail, return receipt requested, to the
owners of record of real property located within two
hundred (200) feet of the real property involved in such
request, at least fifteen (15) days prior thereto. This
requirement is directory only and not mandatory.
F. Fees and costs. There shall be an application fee for a
special use permit under this section. The amount of the fee shall
be determined by resolution of the City Council. The applicant
shall bear expense of giving the required notices.
G. Approval. By resolution of the City Council, special use
permits may be granted, upon a finding that the requirements of
Section 20A-2.6 of the Land Development Code of the City of
Sebastian have been satisfied."
Section 2. CONFLICTB. Ail 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 the word
"Ordinance" may be changed to
appropriate designations.
Section 4. 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.
without said invalid and
causing said remainder to
Section 5. EFFECTIVE DATE. This ordinance shall become
effective immediately upon its adoption.
The foregoing ordinance was moved for adoption by Council-
member 6~
Councilmember ~~
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor ~hgreupon declared this ordinance duly passed and
adopted this ~ day of F~ , 1994.
/
Kathry~ M.' O'Halloran, CMC/AAE
City Clerk
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 ~lic hearing was held on this
ordinance at 7:00 p.m. on the7~.. day of ~~6/~ , 1994, and
ordinance wa a..e
City Council.
Kathry~ Mi 0'Halloran, CMc/~E
City Clerk
Approved as t~orm and content:
·
Charles ~an Nash, City Attorney
Sebastian\ord\93-22
4