HomeMy WebLinkAboutO-97-65ORDINANCE NO. ~
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A OF THE SEBASTIAN
CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY
ADDING A NEW SECTION ENTITLED "BUILDING PERMIT
MORATORIUM"; PROVIDING FOR A BUILDING PERMIT
MORATORIUM FOR THE RIVERFRONT AREA LOCATED BETWEEN
THE FLORIDA EAST COAST RAILROAD AND THE INDIAN RIVER
LAGOON WITHIN THE CITY OF SEBASTIAN, FLORIDA FOR A
PERIOD OF SIX MONTHS; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida
("City Council") has received and accepted a study entitled "Riverfront Plan" from an advisory
committee established to make recommendations concerning the future development of an area
within the City known as the "Riverfront Area", as described and illustrated in Exhibit "A"
which is attached hereto and incorporated herein by this reference; and
WHEREAS, the City is in the process of significantly amending its local government
comprehensive plan and redrafting its land development regulations and will address, in these
amendments, the recommendations of the advisory committee; and
WHEREAS, the City Council finds that the public health, safety and welfare will best be
served by enacting a six month moratorium while the major revisions to the City's
comprehensive plan amendments and the land development code amendments are being
established; and
WHEREAS, this amendment to the City's land development regulations is made in
conformity with the requirements of Florida Statutes Section 166.041 (c) relating to changes to a
municipal land development code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA:
Section 1: The following section is hereby added to Chapter 20A of the City's Code of
Ordinances:
Sec. 20A-3.17. Riverfront Area Building Permit Moratorium.
(a) In order to allow for the consideration of major amendments of the
City's Comprehensive Plan and Land Development Regulations which
will provide for the future of the Riverfront Area, a building permit
moratorium is hereby established within the Riverfront Area, more
particularly described as that area within the City lying between the
Florida East Coast Railroad and the Indian River Lagoon, north of the
south one half of Section 7, Township 31 South, Range 39 East. No
application for City plat approval, site plan approval, or other action
having the effect of approving development, as defined in 380.04. F.S.,
within the Riverfront Area shall be accepted by the City during the term
of this moratorium.
(b) The Riverfi'ont Area building permit moratorium shall be in effect
for a period of six months from the effective date of this ordinance,
unless further extended by action of the City Council.
Section 2. All Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby superseded to the extent of such conflict.
Section 3. If any section, provision, clause, phrase, or application of this Ordinance is
held invalid or unconstitutional for any reason by any court of competent jurisdiction, the
remaining provisions of this Ordinance shall be deemed severable therefrom and
construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.
Section 4. This Ordinance shall go into effect on November 22, 1997.
shall be
he foregoing
Ordinance was moved for adoption by/~uncilmember
· The motion was seconded by Coucilmember
and, upon being put to 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
,/
t0The Maygr thereupon declared this Ordinance duly passed and adopted this/Q~--" day of
b~t.~trk[ct/x,_, 1997.
CITY OF SEBASTIAN, FLORIDA
.- -- Walter W. Barnes, Mayor
- . Kat .-Q?ff qoran, CMi2/A
City ere:& ..-.--'
(Seal)
Approved as to Form and Content:
Valerie Settles, City Attorney
EXHIBIT "A"
City
Sebastian
Main Street
t4
ALL THAT PORTION OF THE INCORPORATED CITY OF SEBASTIAN, FLORIDA
LY1NG EAST OF THE FLORIDA EAST COAST RAILROAD AND NORTH OF THE
SOUTH ONE HALF OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
ALL LYING IN INDIAN RIVER COUNTY, FLORIDA