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HomeMy WebLinkAboutO-97-05ORDINANCE NO. O-97-5 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR SPECIAL USE PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB1L1TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures for consideration of applications for special use permits; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-2.6. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: 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. Procedures. 1. Application for approval of a special use permit is filed with the Community Development Department on a form prescribed by the Community Development Director. Fi~een copies of the application and all supporting information shall be included. 2. The Community Development Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. 3. The Community Development Director shall summarize the staff's comments and make a recommendation to the Planning and Zoning Commission. 4. The Planning and Zoning Commission shall hold a public hearing pursuant to section 20A-11.7 and shall indicate whether, in their opinion, the proposed use meets the required findings of facts set forth in Section 20A-2.6.C. and shall make a recommendation to the City Council to approve, approve with condition, or deny the application for a special use permit. The City Council shall hold a public hearing with due notice pursuant to section 20A-11.7. By resolution of the City Council, a special permit may be granted, upon a finding that the requirements of Section 20A-2.6.C. are met. If the application for a special use permit is denied, the City Council shall state the reasons for denial. C. Required findings 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 2. 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. 3. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. D. Conditions. In granting special use permits under this section, the city council may require such conditions as will, in its judgment, substantially secure the this section. city council. notices. objectives and intent of the zoning regulations and other components of the city's land development controls. Fees and costs. There shall be an application fee for a special use permit under The amount of the fee shall be determined by resolution of the The applicant shall bear the expense of giving the required Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 3. CONFLICT. All other Ordinances or pans of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. of this Ordinance shall be held If any clause, section, or other part or application by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid pan or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF~/~/~/~, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS/~?~ DAY OF ,'~~z~/~/, 1997. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this/~day of /gr~~z~/ , 1997. CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright, Mayor ATTEST: .Kat .hryn M.~'Halloran, CMC/AAE Approved a~ tQ:F?rm and Content: City A~tom~)