HomeMy WebLinkAboutO-97-25ORDINANCE NO. O-97-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-11.7. OF THE
LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR
PUBLIC HEARINGS; 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 public hearings; 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, Ti~AT:
Section 1. Section 20A-11.7 of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
Sec. 20A-11.7. Procedures for public hearing.
All public hearings required by this Code shall meet the following requirements.
The notice provisions contained herein regarding notice by mailing are directory
only, and failure to mail such notice shall not affect any action taken on the
application. Where public hearing requirements are established by the Florida
Statutes, those requirements shall prevail. The Community Development Director
shall establish procedures for the processing of all applications including setting
required application filing deadlines to meet the requirements of this section.
Public Hearings with due notice. All proceedings requiring a public
hearing with due notice shall be conducted only after the following notice
has been given. The public notice shall contain at least the following items:
a. The date, time and place of meeting;
b. The title of the Board conducting such meeting;
c. A brief description of the matter to be considered; and
d. A legal description of the property and other appropriate
information identifying the property involved.
The giving of public notice of hearing, as herein required, shall be deemed
sufficient when a notice is published at least once in a newspaper of general
circulation in the City, the first publication of which shall be at least fifteen
(15) days before the heating, and a copy of such notice is mailed to all
property owners within three hundred (300) feet of the outer boundary of
the property involved in the application including contiguous property
under the same ownership, as shown in the records of the county Property
Appraiser. If the property involved in the application is a condominium,
then the required notice shall be by certified mail to the condominium
association and by regular mail to the individual owners. The applicant shall
provided the list of the required property owners to the Community
Development Department with the application for the proposed action at
least twenty (20) days before the hearing and shall pay for the mailing
costs.
The following additional notice shall be provided:
a. The property which is the subject of the proposed action
shall be posted with a sign of approximately a total area of
two (2) square feet, placed so as to be visible from the
adjacent dedicated public road right-of-way, or private
access easement.
b. The sign should contain the information required above.
2. Public Hearing. A proceeding requiring a public hearing shall be
conducted only after a notice has been published at least once in a
newspaper of general circulation in the City, the first publication of which
shall be at least fitteen (15) days before the hearing.
However, nothing contained herein shall be inconsistent with Florida Statues governing
notices.
Section 2. COIDI~CATION. 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 I)ATE 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 '/~,~,~/ /,z/, 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS// DAY OF ~ 1997.
The foregoing Ordinance was moved for adoption by Councilmember
(/~~,~,~..dd'~'_, . The motion was seconded by Councilmember
'~d~,.z~.,.,:~ .~ 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
z~~.. ,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTEST:
CiVj Atteraey