HomeMy WebLinkAboutO-97-14ORDINANCE NO. O-97-14
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE REGARDING PROCEDURES RELATING TO STRUCTURAL
ALTERATIONS TO NONCONFORMITIES OR
NONCOMPLIANCES; SUBSTITUTING COMMUNITY
DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL;
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 regarding procedures relating to structural alterations to
nonconformities or noncompliances by clarififing the role of the Community Development
Director; 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-9.7,F.4. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A.9.7. Structural alterations to noncomformities or noncompliamces.
If both parking and landscaping are deficient at the time of the
proposed change under the provisions of this code and the change does
not require any additional parking or any additional landscaping which
would increase the need for parking or landscaping over the then
existing deficiencies, the change is permitted provided the deficiencies
are corrected to the extent sufficient land was available on the site on
the effective date of this code to accommodate some or all of the then
deficient parking or landscaping, or as land is available on the site at the
time of the proposed change, whichever land area is greater. If
sufficient land was not available on the site on the effective date of this
code to allow correction of all of the parking and landscaping
deficiencies and sufficient land is not then (at the time of the proposed
change) available, priority for correcting the landscaping and parking
deficiencies shall be determined on a case-by-case basis by the
Community Development Director and the chairman of the planning
and zoning commission, if the change is a minor change in site plan, or
by the planning and zoning commission if the change requires full site
plan review.
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.
Section3. 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 4. 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.
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//F/F~,,~d,,,~;/c2~, 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS/~4~ DAY OF ~ 1997.
The foregoing Ordinance was moved for adoption by Councilmember
,/'~zge..~g_,,~_? 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
~ ~6~c4___~.1997.
CITY OF SEBASTIAN, FLORIDA
By: ~_~..~ Kgg~
Louise R. Cartwright, Mayor
ATTEST:
Xppr~ed-as tc~:F~ and Content:
Valerie Settles '"
CityAnomey
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