HomeMy WebLinkAboutO-99-11ORDINANCE NO. O-99-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-
19.4D OF LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Land Development Code Section 20A-19.4D provides that waivers of the
requirements of the Riverfront Performance Overlay District may be granted by the Planning and
Zoning Commission for the City; and
WHEREAS, the City Council finds that the manner of development of the Riverfront
District is of vital concern to the citizens of Sebastian; and
WHEREAS, the Riverfront Performance Overlay District was enacted aider extensive
public debate and study for the purpose of protecting this primary asset of the City; and
WHEREAS, waiver of the provision of a regulatory scheme of such importance to the
citizens should be the responsibility of elected officials directly accountable to the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
Ci'TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Sebastian,
Section 1. That section 20A-19.4D of the LandDevelopmen! (?ode, City of
Florida is hereby amended to read as follows:
Sec. 20A-19.4.
Administration, permits, procedures, waivers,
and violations and remedies.
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D. Waivers. As part of an application for development,
a request may be made for waiver of any of the provisions of this
article. The request shall first be heard by the planning and zoning
commission which may recommend to the city council that any such
provision be waived, modified, or applied as written. The city council
shall then hold a quasi-judicial hearing on the requested waiver. The
criterion for granting a waiver or modification of any of the provisions
of this article is whether the strict interpretation of the requirements of
this article places an inordinate burden on the property owner as
defined by Florida Statutes. The waiver procedure herein is the
exclusive remedy to the application of the provisions of this article and
are to be utilized in lieu of an application for variance pursuant to
Section 20A-11.2 . The decisions of the city council are subject to
review by a certiorari action to the circuit court.
Section 2. CONFLICT.
herewith are hereby repealed.
Section 3. SEVERABILITY.
All ordinances or parts of ordinances in conflict
In the event a court of competent jurisdiction shall
hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be
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assumed that the City Council would have enacted the remainder of this Ordinance without said
invalid or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
//~_~t~.~6:~' · The motion was seconded by Councilmember /~'~7~L4~/~. and,
//
upon being put to a vote, the vote was as follows:
Mayor Martha S. Wininger
Vice-Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher, Jr.
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of~1999.
_ -..- ATTESt, T: ~.'~-
City Clerk
CITY OF SEBASTIAN, FLOKIDA
By: ~~"~-4~.~ ~
Chuck NeUberger, ,Vic~ ~ !
/
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer,
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