HomeMy WebLinkAboutO-97-23ORDINANCE NO. 0-97-23
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-11.4 OF THE
LAND DEVELOPMENT CODE RELATING TO CITY COUNCIL'S
ROLE; 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 and the City
Council's role; 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 ~ CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 20A-11.4. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-11.4. City council's role.
A. Legislative intent. The legislative intent of the land development code is to
provide the city council of the City of Sebastian powers necessary to implement
the comprehensive plan consistent with enabling legislation of Chapter 163, Florida
Statutes.
Powers of city council:
1. Enact land development regulations. Following receipt of a written report
from the planning and zoning commission seating as the local planning
agency, the city council may amend or supplement and the regulations and
districts fixed by the then adopted city land development code. The city
council shall hold a public hearing on such matters, as required by Florida
Statutes, if any change is to be considered and shall act on the proposed
change after such hearing. In cases where the recommendation of the
planning and zoning commission is adverse to the proposed change, such
change shall not become effective except by an affirmative vote of a
majority of three (3) members of the city council, alter due process.
Establish fees and appropriate funds. The city council may by resolution
establish fees, charges and expenses imposed by these land development
regulations.
Consider and act on development issues as required. The city council
shall consider and act on development and growth management issues
pursuant to this Code, Chapter 163, Florida Statutes, and other applicable
laws and regulations.
Enforce zoning code. The city council shall enforce the land development
code, including carrying out appropriate legislative actions.
Appoint and confirm members of requisite boards and commissions. The
city council shall appoint and confirm members of the planning and zoning
commission, the board of adjustment, and any other board, commission or
committee as may be deemed necessary by the city council or applicable
laws.
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 pan or
application of this Ordinance shall be held 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
vIN ADINa, v-ns/q DAY OV
The foregoing
Ordinance
..~/~ ,1997.
was moved for
The motion was
adoption by Councilmember
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. Cartwfight
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this/~day of
~ff~4/ ,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
Kathryn M¥.'O~alloran, CMC/AAE
A-pprOvc'd to_...Fq'.n . and Content:
Valefie Seilles' .-'
City Attorney