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HomeMy WebLinkAboutO-97-59ORDINANCE NO. 0-97-59 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR1DA, AMENDING THE LAND DEVELOPMENT CODE DELETING THE SPECIAL EXCEPTION PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code to delete the special exception provision; and WI:IEREAS, the City Council of the City of Sebastian, Florida, bdieves 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-11.2.C of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-3.11.2.C Authority, power and rules of procedure: powers: 2. Duties and powers. The board of adjustment shall have the following Hear and decide administrative appeals. Hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act. Hear and decide requests for variances. Hear and authorize upon appeal such variance from the terms of the ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary and undue hardship. "Variance" as used in connection with the provisions of this chapter dealing with zoning, means a modification of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary undue hardship. A variance is authorized only for area and size of structure or size of yards and open spaces, and may not include a variance or any use or a density increase contrary to that permitted in the respective districts. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification or in adjoining zoning districts or classifications. c. Require attendance at hearings and administer oaths. The board of adjustment shall have the authority to compel the attendance of witnesses at hearings or meetings and to administer oaths. Section 2, Section 20A-11.2.D. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-11.2.D. Criteria for determinations by the board of adjustment D. Criteria for determinations by the board of adjustment. 1. Criteria for review of administrative orders': a. Possible actions. In review of administrative orders the board of adjustment may, upon appeal and in conformity with provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this act, and may make any necessary order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. b. Majority vote required. The concurring vote of a majority of all the members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under any such ordinance. 2. Criteria for determining variances. In order to authorize any variance from the terms of this ordinance, the board of adjustment must find the following: Section 3, Section 20A-11.2.E. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-11.2.E. Procedures for processing matters before the board. ***** 3. Procedures for processing variances. A variance from the terms of these regulations shall not be granted by the board of adjustment unless and until: a. A written submitted. application specifying the grounds for the variance is See subsection 20A- 11.2(C)(3). Notice of public hearing shall have been given as identified in subsection 20A-11.2(E)(8) herein. The public hearing shall have been held, with the aggrieved parties appearing in person or represented by an attorney at law authorized to practice in the State of Florida. d. The board of adjustment shall have determined that the application is complete and that granting the variance meets the criteria for granting variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure. Expiration q£ variance determinations. Variances shall become void if not exercised within six (6) months of the date granted. Stay of proceedings. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board, after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the Community Development Director or administrative official from whom the appeal is taken and on due cause shown. Public hearing. All proceedings shall be conducted only after public hearing with due notice pursuant to Section 20A-11. Recommendation filed adjustment, application On all proceedings held before the board of the Community Development Director shall review the and file a recommendation on each item. Such recommendations shall be received, heard and filed prior to final action on any item before the board, and shall be part of the record of the application. (In reference to administrative appeals, a summary explanation shall be filed in place of a recommendation.) 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 part of the Land Development Code for 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 other such word or phrase in order to accomplish such intention. Section 5. SEVERABILITY. If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part ora section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional.. Section 6. CONFLICT. This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section, or part or other application of this Ordinance shall be held by any Court of competem jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and The foregoing Ordinance was moved for adoption by Councilmember /~z~/~.r2~ . The motion was seconded by Councilmember' /~~ and, upon being put to a vote, the vote was as follows: Mayor Walter W. Bames ~ Vice Mayor Richard J. Taracka zt~2e~5; Councilmember Louise R. Cartwfight ~ Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this~ay of (~~ , 1997. cn'¥ oF OmOA Walter W. Barnes, Mayor Clerk of the City Council. ~at~:,d~alloranl CMC/ Appr(~ ~s to.i~i~and Content: Valerie Settle" citY Att0mey 8