HomeMy WebLinkAboutO-13-02NOTE 0 -13 -02 and 0 -95 -07 regarding anti - discrimination will not be codified
ORDINANCE NO. 0 -13 -02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, RELATING TO DISCRIMINATION IN
HOUSING; AMENDING SECTION 4 OF ORDINANCE 0 -95 -07 TO
PROVIDE AN EXCEPTION FOR THE HOUSING NEEDS OF
SENIORS AND THE ELDERLY IDENTIFIED IN THE
COMPREHENSIVE PLAN FOR THE CITY OF SEBASTIAN,
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, this Council has enacted Ordinance 0 -95 -07 broadly prohibiting
discrimination in housing within the city; and
WHEREAS, this Council, in accordance with State law, has enacted a
comprehensive plan, including a housing element, that indentifies the needs and
priorities of a variety of housing types within the City; and
WHEREAS, the comprehensive plan establishes the need for housing for the
elderly in Chapter III of the comprehensive plan, including Objective 1.3 (Special Needs
Households), and authorizes implementation through Policy 1.3.2 and Policy 1.3.4
thereunder, and
WHEREAS, this Council wishes to expressly provide that compliance with the
comprehensive plan is countenanced within Ordinance 0- 95 -07,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA:
Section 1. Section 4 (Exemptions and Exceptions) of Ordinance 0 -95 -07 is
hereby amended to add subsection (1) d. as follows:
"(1) d. Nothing_ contained in Section 3 hereof (Unlawful
Housing Practices) shall prohibit the implementation of the
goals policies and objectives of the city's comprehensive
plan as the same may be amended from time to time,
Including without limitation, the provision of housing
exclusively or primarily for seniors and the elderly."
Section 2. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 3. Laws in Conflict. Any conflict between Ordinance 0 -95 -07 and the
comprehensive plan shall be resolved in favor of the comprehensive plan, as the same
may be amended from time to time.
Section 4. Effective Date. This ordinance shall take effect immediately upon
adoption.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember coy
put to a vote, the vote was as follows:
Mayor Bob McPartlan aye
Vice -Mayor Don Wright aye
Councilmember Jim Hill aye
Councilmember Andrea B. Coy aye
Councilmember Jerome Adams aye
Hill
and, upon being
The Mayor thereupon declared this Ordinance duly passed and adopted this 10th
day of April 2013.
CITY OF SEBASTIA , LO IDA
By: '
Mayor Bob McPartlan
ATTEST %
Sally A. Maio, Oc
City Clerk
Approved as to Form and Legality for
Reli ce by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed amendment;
remaining provisions continue in effect.
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