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HomeMy WebLinkAboutO-97-37ORDINANCE NO. O-97-37 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-16.1., 20A-16.2., AND 20A-16.3., OF THE LAND DEVELOPMENT CODE REGARDING PROCEDURES RELATING TO THE SUBDMSION OF 1AND BY DELETING THE MINOR SUBDIVISION CLASSSIFICATION AND PROCEDURES; 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 relating to the subdivision of land by deleting the minor subdivision classification and procedures; 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-16.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.1. Applicability. Division ora single lot, major subdivisions. All future subdivisions of land within the corporate limits of the City of Sebastian shall be classified as being a "division of a single lot" or "major subdivision" as defined herein, and shall be subject to the regulations of this code as they apply: Division of a single lot. Any subdivision of a lot tract in a platted subdivision into two (2) parcels that abut an accepted street right- of-way, does not require any off-site improvements to any roads, drainage system or utilities and conforms to the requirements of Article XVII and Article XVIII of this code. Any tract of land that is subdivided as a division of a single lot cannot be further subdivided unless it meets the requirements of a minor or major subdivision. 2. Major subdivision. Any subdivision not classified as a division of a single lot. Section 2. Section 20A-16.2. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-16.2. General administration. B. General responsibility of planning and zoning commission and mandated compliance with comprehensive plan and zoning. Prior to the approval of any major subdivision, the area to be subdivided shall be determined by the city planning and zoning commission to be consistent and in compliance with the comprehensive plan and zoning policy applicable to the land and use under consideration. Section 3. Section 20A-16.3. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Section 4. 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 5. 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 6. 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 7, 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, TH/S DAY OF ~//o~,_~ , 1997. PASSED AND ADOPTED BY / THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS,~4~Ay OF //~A , 1997. The foregoing Ordinance was moved for adoption by Councilmember ,~/~A~?/tV~)/ 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 Cartwfight Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted thi of /~t// ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor IC~aih~ M. 6l-Ial'16ran, (2Mc/AAE (Seal) Approved as to Form and Co~,~ Valerie Settles City Attorney