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HomeMy WebLinkAboutO-97-54ORDINANCE NO. 0-97-54 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, AMENDiNG THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL USES; PROVIDiNG THAT FOR CERTAIN SECTIONS THE COMMERCIAL OFFICE AND RESIDENTIAL ZONING DISTRICT (COR) SHALL BE CONSIDERED RESIDENTIAL; 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 conditional uses, delineating for which uses that the Commercial Office and Residential zoning district shall be considered a residential use; 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-6.2.C. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: C. Special criteria reg~tlating conditional uses. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: 1. Adult entertainment establishments: For the purpose of this subsection, Commercial Office and Residemial Zoning District shall be considered residential. Ldc97-54 1 Bars and lounges: c. For the purpose of this subsection, Commercial Office and Residential Zoning District shall be considered residential. Commercial amusements, enclosed: c. For the purpose of this subsection, Commercial Office and Residential Zoning District shall be considered residential Commercial amusements, unenclosed: c. For the purpose of this subsection, Commercial Office and Residential Zoning District shall be considered residential 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. Ldc97-54 2 SectionS. 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 DATE. This Ordinance shall become effective immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ~'~.~ .q' , 1997. PASSED AND ADOPTED BY THE CITY COUNC1L OF THE GIT SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS /~ DAY OF The foregoing Ordinance was i~~/~rJ The moved for adoption motion was seconded by Councilmember by Councilmember and, upon being put to 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 1997. Ldc97-54 3 city o~ s~^s~, F~O~^ Walter W. Barnes, Mayor ATTEST: }Cath..n.t,n~ M.'6'}'~)O~:an, CMC/AAE -'~prov~ ~ to ~m ~d Content: V~efie Series City Attorney Ldc97-54 4