HomeMy WebLinkAboutO-97-12
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ORDINANCE NO. 0-97-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE REGARDING PROCEDURES RELATED TO CONDmONAL
USES; AMENDING SECTION 20A-6.1.B. REGARDING
PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR
AN CONDmONAL USE PERMIT; AMENDING SECTION 20A-
6.1.C.S.A CORRECTING THE APPLICABLE ZONING DISTRICTS
IN WillCH CULTURAL OR CMC FACILITIES ARE PERMfITED;
PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; 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 relating to conditional uses, to clarifY
procedures for consideration of conditional use permit applications, and correct the applicable
zoning districts in which cultural or civic facilities are permitted; 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-6.1.B. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
B. Procedures.
1. Application for approval of a conditional use permit is filed with the
Community Development Department on forms prescribed by the
Community Development Director. Five copies of the application
and supporting information shall be included.
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2. The Community Development Director shall distribute the
application and supporting information to the appropriate staff for
review and comment.
3. The applicant shall provide fifteen copies of the final supporting
information for the application. 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
with due notice pursuant to section 20A-l1.7, except that the
newspaper notice is not required, and shall find if the application:
a. is so designed, located, and proposed to be operated so that
the public health, safety and welfare will be protected;
b. does not present an unduly adverse effect upon other
properties in the impacted area in which it is located. The
scale, intensity and operation of the use shall not generate
unreasonable noise, traffic, congestion or other potential
nuisances or hazards to contiguous residential properties;
c. conforms to all applicable provisions of the district in which
the use is to be located;
d. satisfies specific criteria stipulated for the respective
conditional use described in subsection 20A-6.1. c.; and
e. is consistent with the code of ordinances and comprehensive
plan.
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Upon such finding, the Planning and Zoning Commission
shall approve the application for the conditional use permit.
5. The action of the Planning and Zoning Commission may be
appealed to the City Council pursuant to Section 20A-11.3.CA.
Section 2.
Section 20A-6.1.C.S.a. of the Land Development Code, City of
Sebastian, Florida is hereby amended to read as follows:
a. Applicable zoning districts. Cultural or civic facilities shall be
permitted as a conditional use within the following zoning
districts: MCR, RM-S, RM-12, PUD-R, PUD-C, and PS.
Section 3.
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 4.
CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 5.
SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part 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.
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Section 6.
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 (~;1, '1 ,1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS {1DAY OF ~ 1997.
The foregoing Ordinance was moved for adoption by Councilmember
/1..~t{.I!.. The motion was seconded by Councilmember
~^'l't and, upon being put into . vote, the vote was as follows:
Mayor Walter W. Barnes /7 ~( p .'
Vice Mayor Richard J. Taracka /l ip--
Councilmember Louise R. Cartwright /I~ (' "
Councilmember Lany Paul ~
Councilmember Ruth Sullivan -- I
The Mayor thereupon declared this Ordinance duly passed and adopted this 11 day of
1p
,1997.
CITY OF SEBASTIAN, FLORIDA
By:\}j~W~
Walter W. Barnes, Mayor
ATTEST:
~J m();k;jllMa~
KathryI)-~tloriUl. CMC/ AAE
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Approved as to Form and Content:
lJ~ Q 9- ~CD..o
Valerie Settles
City Attorney
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