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HomeMy WebLinkAboutO-97-21ORDINANCE NO. O-97-21 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-11.2.E. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR LAND DEVELOPMENT CODE ENFORCEMENT, BOARD OF ADJUSTMENT RULES OF PROCEDURES, PROCESSING MATTERS BEFORE THE BOARD OF ADJUSTMENT, PLANNING AND ZONING COMMISSION OFFICERS, PLANNING AND ZONING COMMISSION REVIEWS REQUIRED, CITY COUNCIL'S ROLE, ADOPTING, SUPPLEMENTING OR AMENDING THE ZONING ORDINANCE, PUBLIC HEARINGS, AND AMENDING THE COMPREHF~NSIVE PLAN; 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 regarding land development code enforcement, Board of Adjustment roles of procedure, processing matters before the Board of Adjustment, Planning and Zoning Commission officers, Planning and Zoning Commission review required, City Council's role, adopting, supplementing or amending the zoning ordinance, public hearings, and amending the comprehensive plan; 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 3. Section 20A-11.2.E of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: E. Procedures for processing matters before the board: Appeal proceedings. Appeals to the board of adjustment concerning interpretation or administration of this chapter may be taken by any aggrieved person or by any person or officer of the governing body of the city affected by any decision of the Community Development Director or succeeding administrative officer. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days after the rendering of the order, requirement, decisions or determination appealed, by filing with the Community Development Director or other administrative officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The appeal shall be in the form prescribed by the rules of the board. The administrative officer from whom the appeal is taken shall, upon notification of the filing and prior to the hearing date, transmit to the board of adjustment all papers or materials constituting the record upon which the action appealed from was taken. Hearing of appeal, notice required. The board of adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing any party may appear in person or be represented by an agent or by an attorney at law authorized to practice in the State of Florida. Appellants may be required to assume such reasonable costs in connection with appeals as may be determined by the city council through action in setting of fees to be charged for appeals. Same procedures for processing special exceptions. An application for a special exception shall be handled the same as for administrative appeal. Procedures for processing variances. A variance from the terms of these regulations shall not be granted by the board of adjustment unless and until: a. A written application specifying the grounds for the variance is submitted. See subsection 20A- 11.2(C)(3). b. Notice of public hearing shall have been given as identified in subsection 20A- 11.2(E)8. herein. c. The public hearing shall have been held, with the aggrieved parties appearing in person or represented by an attorney at law authorized to practice in the State of Florida. d. The board of adjustment shall have determined that the application is complete and that granting the variance meets the criteria for granting variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. Expiration of variance or special exception determinations. Variances and special exceptions shall become void if not exercised within six (6) months of the date granted. Extension of variance of special exception determinations. Before this six-month period has expired, the applicant may make a request to the board of adjustment by letter for an additional six (6) months' extension. Any further extensions of time shall require a new application to be processed as a new case. Stay of proceedings. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the Community Development Director or administrative official from whom the appeal is taken and on due cause shown. Public hearing. All proceedings shall be conducted only after public hearing with due notice pursuant to Section 20A-11.7 has been given. Recommendation filed. adjustment, application On all proceedings held before the board of the COmmunity Development Director shall review the and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the board, and shall be part of the record of the application. (In reference to administrative appeals, a summary explanation shall be filed in place of a recommendation.) Section 10. 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 11. 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 12. 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 13. EFFECTIVE DATE. This Ordinance shall become effective July 1, 1997. PASSED BY THE CITY COLrNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, TI-IIS DAY OF ~/~lc~--.~ ~ , 1997. PASSED AND ADOPTED BY co c. FINAL READING, THIS/_~DAY OF ~'/~tq' , 1997. The foregoing Ordinance was moved for adoption by Councilmember ... . The motion was seconded by Councilmember ~_/_~-- //~gat' ~:,¢-~t' and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor 12 - ... _- ,_% Kathryn 1¢0I(O ,l-!alloran, CMC/AAE _-(Seal)_. ' ^-:, '~ '~:.~ A~pro~d as to ~'c,b~and Coment: V~e S~I~...- City A~om~'