HomeMy WebLinkAboutO-98-02ORDINANCE NO. 0-98-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-97-65, WHICH
AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF
ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A
NEW SECTION ENTITLED "BUILDING PERMIT MORATORIUM";
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 significantly amended its local government comprehensive plan and
its land development regulations to address the recommendations of the advisory committee; and
WHEREAS, the City Council enacted a six month moratorium while the major revisions
to the City's comprehensive plan amendments and the land development code amendments were
being established; and
WHEREAS, the City has held a transmittal hearing on its comprehensive plan
amendments and has found that the building permit moratorium is no longer needed;
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 of Chapter 20A of the City's Code of Ordinances is
hereby deleted.
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 Riverfront 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 pangs 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 shall be
construed as reasonable and necessary to achieve the lawful purposes of this Ordinance.
Section 4.
This Ordinance shall go into effect immediately.
The foregoing Ordinance was moved for adoption by Councilmember
~C/~"~O-~'~lot- The motion was seconded by Coucilmember
and, upon being put to a vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise R. Cartwright--
Councilmember Charles Neuberger
Councilmember Larry Paul
The, Mayor thereupon declared this Ordinance duly passed and adopted this
/~.//?_2.~ ~ 1998.
ATTE/ST:
Kathryn/tgl. O'Halloran, cMc/'AAE
City Clerk
CITY 9Y--~EBASTIAN, FLORIDA
Ruth Sulli~afi~l~y~r
day of
(Seal)
Approved as to Form and Content:
Valerie Settles, City Attorney
EXHIBIT "A"
City
Sebastian
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Street
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ALL THAT PORTION OF THE INCORPORATED CITY OF SEBASTIAN, FLORIDA
LYING 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