HomeMy WebLinkAboutO-97-22ORDINANCE NO. 0-97-22
AN ORDINANCE OF THE C1TY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-11.3.D. OF ~
LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
PLANNING AND ZONING COMMISSION REVIEWS REQUIRED;
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 Planning and Zoning Commission
review required; 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-11.3.D. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
D. Planning and zoning commission reviews required Pursuant to the Florida
Statutes, the following reviews by the planning and zoning commission seating as
the local planning agency are mandated:
1. Review of development for consistency with comprehensive plan:
a. Intent. All development within the city and all development orders
and actions related to such development shall be consistent with the
city's adopted comprehensive land use plan, as may be amended.
"Development order" shall mean any order granting, denying, or
granting with conditions, any application for a development permit,
subdivision approval, rezoning, special exception, variance, or any
other action having the effect of permitting the development of land
as defined in the Florida Statutes, as amended.
Review and amendment of comprehensive plan. As required by Florida
Statutes, the comprehensive plan or the completed parts thereof shall be
reviewed by the planning and zoning commission to determine whether
changes in the amount, kind or direction of development of the area, or
other reasons, make it beneficial to make additions or amendments to the
plan. If the city council desires an amendment or addition to the
comprehensive plan, it may, on its own motion, direct the planning and
zoning commission to prepare such amendment; and if such amendment is
in accordance with the purposes of the comprehensive plan, the
commission shall do so within a reasonable time as established by the city
council. The procedure for revising, adding to, or amending the
comprehensive plan shall be governed by the Florida Statutes.
Review of zoning ordinance adoption or amendment. Prior to adoption
or amendment of the zoning code, the planning and zoning commission
shall review such proposals and hold appropriate public hearings as
required by the Florida Statutes, as amended. The planning and zoning
commission, regardless of the source of a proposed zoning ordinance
change, shall hold a public hearing or hearings thereon and submit written
recommendations to the city council for official action on the proposal.
4. Review of development plans and policies required to carry out powers
described herein or delegated by city council. The city planning and
zoning commission shall conduct such other reviews of development plans
and policies as shall be necessary to effectively carry out duties and
responsibilities described in Chapter 163, Florida Statutes, stipulated in this
code, or delegated otherwise by the city council.
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.
Section4. 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 fiall 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 , 1997. PASSED AND ADOPTED BY
/
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FiNAL READiNG, THIS/P/DAY OF
The foregoing
/~.t/ , 1997.
Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Canwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this/__q/day of
1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATT3~ST:
Katlmdn M. O~alloran, CMC/AAE
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ApproeCd as to Fo.~__ d Content:
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