TOWN OF SEWALL S POINT

Transcription

1 TOWN OF SEWALL S POINT PAMELA MAC KIE WALKER Town Manager TO: FROM: SUBJECT: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager Agenda Item 3 a Ordinance re: meeting dates and times (Second Reading) Town Commission Special Meeting, November 12, 2013 Background: Recognizing that standard meeting dates and times are in the best interests of the Town, there are occasions that require rescheduling of the standard meeting time and date of the Commission. The attached ordinance modification provides a mechanism for legally making those scheduling changes by motion and vote of the Commission. Recommendation: Staff recommends that the Ordinance be adopted on second reading so that the standing meeting of the Commission cannot be changed without a majority vote by the Commission. Staff is available for questions or action as directed by the Commission.

2 ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA, PROVIDING FOR THE AMENDMENT OF CHAPTER 2 ADMINISTRATION, ARTICLE VIII MEETINGS, DIVISION 2 TOWN COMMISSION, SECTION TIME OF REGULAR MEETINGS ; PROVIDING FOR CODIFICATION, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the Town of Sewall s Point, Florida, is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission has previously adopted a day and time for its regular meetings which have been codified in Chapter 2 Administration, Article VIII Meetings, Division 2 Town Commission, Section Time of regular meetings of the Code of Ordinances; and WHEREAS, the Town Commission wishes to amend Section to allow for more flexibility in the scheduling of its meetings; and WHEREAS, the Town Commission has reviewed the amendment and determined that such amendment to the Town Code furthers the public health, safety and general welfare of the residents of the Town. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA: Section 1. The whereas clauses are incorporated herein as true and correct and as the legislative findings of the Town Commission. Section 2. Chapter 2, Article VIII, Division 2, Section of the Town Code of Ordinances is hereby amended to read as follows: Sec Time of regular meetings. The regular meeting of the town commission shall be at 7:00 p.m. of the fourth Tuesday of each month unless otherwise prescribed by motion and vote of the town commission. Section 3. 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.

3 Section 4. Repeal of Laws. All ordinances previously listed in Article VI, Division 2 are hereby repealed. Section 5. Codification. The sections of the ordinance may be made a part of the Town Code of Laws and ordinances and may be re-numbered or re-lettered to accomplish such, and the word ordinance may be changed to section, division, or any other appropriate word. Section 6. Effective Date. This ordinance shall take effect on the date of adoption. offered the Ordinance for its second reading and moved its adoption. The motion was seconded by, and upon being put to a vote, the vote was: AYE NAY THOMAS BAUSCH, MAYOR PAM BUSHA, VICE MAYOR JACQUI THURLOW-LIPPISCH, Commissioner PAUL LUGER, Commissioner VINCENT N. BARILE, Commissioner Passed second reading at the Regular Meeting of the Town Commission held on the day of, The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission on this day of, TOWN OF SEWALL S POINT, FLORIDA ATTEST: Thomas Bausch, Mayor Ann-Marie S. Basler, Town Clerk Glen J. Torcivia, Town Attorney (TOWN SEAL) Florida Bar No Approved as to form and legal sufficiency

4 TO: FROM: SUBJECT: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager Agenda Items 3b Ordinance re: Board of Zoning Adjustment (Second Reading) Town Commission Special Meeting, November 12, 2013 Background: The Board of Zoning Adjustment (BZA) ordinance provides for its authority and jurisdiction, as well as procedural matters. While reviewing the BZA ordinance, staff identified a potential cost savings to the Town that could be realized by eliminating the requirement that the BZA have separate legal counsel from the Town. Requiring separate representation of the BZA from the town attorney can result in overlap of responsibilities and duplication of efforts. The ordinance also provides that certain officers of the BZA can administer oaths, in violation of Florida law which requires that a notary public serve that function. This could be an important distinction should a decision of the BZA be appealed. Recommendation: Staff recommends that the attached Ordinance be adopted on Second Reading. Staff is available for questions or action as directed by the Commission.

5 ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT AMENDING CHAPTER 2 DIVISION 3 BOARD OF ZONING ADJUSTMENT; SECTION MEETINGS AND RULES OF PROCEDURE; RECORDS; SECTION LEGAL COUNSEL; PREPARATION OF RESOLUTIONS, SECTION QUORUM; VOTING, AND SECTION POWERS AND DUTIES OF THE TOWN OF SEWALLS POINT CODE OF ORDINANCES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town of Sewall s Point, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town has adopted the Town of Sewall s Point Code of Ordinances establishing a Board of Zoning Adjustment; and WHEREAS, the Code of Ordinances adopting Division 3 has not been updated since 1995 and have provisions that require minor changes; and WHEREAS, Sec provides for the chair or vice chair to administer oaths however, only a notary can administer the oath; and WHEREAS, the Town Commission has adopted the Town of Sewall s Point code provides for separate legal representation for the Board of Zoning Adjustment from the Town Attorney; and WHEREAS, by requiring for separate representation from the town attorney, there is often overlap of responsibilities and duplication of efforts; and WHEREAS, the Town Commission finds that the duplication of services can result in additional attorney s fees which are not in the best interest of the town; and WHEREAS, an incorrect requirement that five members are needed for a quorum requires correction; and WHEREAS, Sec contains a reference to an incorrect section of the Town of Codes and Ordinances which should be corrected. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA THAT: Section 1. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the Town Commission of the Town of Sewall s Point. Section 2. Chapter 2; Division 3 Board of Zoning Adjustment is amended as follows:

6 ) Sec Meetings and rules of procedure; records. (a) The board of zoning adjustment shall adopt such rules as it sets forth in writing, duly proposed by the chair and adopted by a majority of the members of the board of zoning adjustment. Notwithstanding the rules adopted, meetings of the board shall be held at the call of the chair and at such times as the board may determine by majority vote. The chair, or in his absence the vice-chair, may administer oaths and compel the attendance of witnesses. The board of zoning adjustment shall keep minutes of its proceedings, showing the vote of the members upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. These minutes and records shall be filed in the care of the town clerk and shall be public records. (b) All meetings of the board of zoning adjustment shall be open to the public. (c)the meetings of the board of zoning adjustment shall be held at the town hall. Sec Legal counsel; preparation of resolutions. The board of zoning adjustment shall be represented at each and every public hearing of the board by its own an attorney, who shall be paid for his services separate and apart from the town attorney's fees for services. The town commission shall choose the attorney to represent the board in accordance with section 2-34 of this Code of Ordinances. The attorney shall prepare a resolution for each action taken by the board of zoning adjustment and such resolution shall be recorded with the clerk of the town in the minutes of the board of zoning adjustment. If an applicant before the board is represented by the applicant's own counsel, then the applicant's counsel shall prepare the necessary resolution, which resolution shall be subject to the approval of the attorney of the board of zoning adjustment. Sec Quorum; voting. Five members of the board of zoning adjustment, which may include one or two of the alternate members, shall constitute a quorum for the purposes of conducting a meeting. No action shall be taken unless a quorum is present. Both members and alternates may constitute a quorum. All matters shall be decided by majority vote. ( Sec Powers and duties. The board of zoning adjustment shall have all powers and duties delegated by the town commission, as set forth in this Code, as such powers and duties are amended from time to time. Such duties and powers as delegated by the town commission are more particularly specified as provided in article II, division 4. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict be and the same are hereby repealed.

7 Section 4. Validity. Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 5. Codification. Specific authority is hereby granted to codify this ordinance. Section 6. Effective Date. This ordinance shall take effect immediately upon adoption. offered the Ordinance for its first reading and moved its adoption. The motion was seconded by, and upon being put to a vote, the vote was: AYE NAY THOMAS P. BAUSCH, MAYOR PAM BUSHA, VICE MAYOR JACQUI THURLOW-LIPPISCH, Commissioner VINCENT BARILE, Commissioner PAUL LUGER, Commissioner Passed second reading at the Regular Meeting of the Town Commission held on the day of, The thereupon declared this Ordinance approved and adopted by the Town Commission on this day of, TOWN OF SEWALL S POINT, FLORIDA TOM BAUSCH, MAYOR ATTEST: Ann-Marie S. Basler, Town Clerk (TOWN SEAL) Approved as to form and legal sufficiency: Glen J. Torcivia, Town Attorney Florida Bar No

8 TO: FROM: SUBJECT: Town of Sewall s Point Commission Pamela Mac Kie Walker, Town Manager Agenda Items 3 c Ordinance re: Building Height Restriction (First Reading) Town Commission Special Meeting, November 12, 2013 Background: Incident to its implementation of the FEMA Elevation Grants, and in reviewing the potential impacts of the FEMA Flood Insurance Program map changes, Staff has reviewed the existing residential height restriction ordinance and made recommendations as reflected in the attached ordinance. The goal of the proposed change is not to make changes in the existing building heights, but to establish a flexible system that is responsive to the changes in FEMA requirements. Rather than continuously evaluating FEMA standards and determining the methodology for implementing those standards under the current height restriction, this proposal would recognize that, in the flood zones, FEMA rules for minimum elevation must be considered. The proposed ordinance essentially establishes the FEMA minimum height as the maximum height allowed by the Town. This ordinances recognizes that, in the flood zone, FEMA minimum elevations will of necessity control the allowable height for new construction. In addition, the proposed ordinance provides an exemption from height requirements for currently existing residences that are elevated for compliance with FEMA minimum requirements. Recommendation: Staff recommends that the attached ordinance be accepted for first reading and considered for adoption at the next meeting of the Town Commission

9 ORDINANCE NO. AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT AMENDING CHAPTER 50 BUILDINGS AND BUILDING REGULATIONS, SECTION FLOOR ELEVATION AND BUILDING HEIGHT LIMITS,BY ADDING SECTION (d) EXEMPTIONS ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town of Sewall s Point, Florida is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, the Town Commission has adopted code provisions for floor elevations and building height restrictions as part of Chapter 50 Building and Building Regulations; and WHEREAS, code provisions regarding for floor elevation and building height restrictions do not provide any relief for properties that must elevate the existing structure to comply with FEMA minimum requirements; and WHEREAS, the Town Commission finds that providing an exemption for existing structures, from the height requirements of this code allows properties to comply with FEMA regulations; and WHEREAS, the Town Commission finds that it is in the public interest to allow exemptions when a structure must be elevated to comply with the minimum FEMA regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL S POINT, FLORIDA THAT: Section 1. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the Town Commission of the Town of Sewall s Point. Section 2. Chapter 50 Buildings and Building Regulations, Section is amended as follows: Sec Floor elevation and building height limits. (a) Definitions. Unless specifically defined in chapter 58, article II, or in section 82-1, words or phrases used in this section shall be interpreted so as to give them the meaning that they have in common usage and to give this section the most reasonable application. (b) Floor elevation. (1) Minimum lowest habitable floor elevation. The minimum elevation of the lowest habitable floor shall be the highest elevation of:

10 a. The 100-year, three-day storm event, without discharge; b. The elevation prescribed by chapter 58, article II (flood damage prevention); or c. The elevation prescribed by the on-site sewage disposal system construction permit issued for the building.; (2) Maximum lowest habitable floor elevation. a. Low lots. Where the natural grade of a lot measured at the front line of the proposed building is below the crown of the street or private road adjacent to the front yard of the lot, the elevation of the lowest habitable floor shall not exceed 18 inches above the average grade of the crown of the street or private road, measured at the side lot lines and the center point between the side lot lines. b. High lots. Where the natural grade of a lot measured at the front line of the proposed building is at or above the crown of the street or private road adjacent to the front yard of the lot, the elevation of the lowest habitable floor shall not exceed 18 inches above the average natural grade of the front line of the proposed building, measured at the end points of the front line and the center point of the front line. (c) Building height limits. (1) Outside V zones. For buildings on lots where no portion of the building is in a coastal high-hazard area (V zone) flood zone, the building height shall not exceed 27 feet measured as follows: a. Waterfront or Riverfront lots. On waterfront or riverfront lots, the building height shall be measured from the surface of the highest habitable floor that is at or below the maximum elevation for the lowest habitable floor that is permitted under subsection (b)(2) of this section, to the highest point on the roof. b. Other lots. On other lots, the building height shall be measured from the surface of the lowest habitable floor to the highest point on the roof. (2) Within V zones. For buildings on lots where any portion of the building is in a V flood zone, the building height shall not exceed 40 feet (NGVD) measured at the highest point on the roof. See section Town of Sewall's Point Code of Ordinances for other height exceptions. (d) Exemptions: Existing homes which must be elevated to comply with applicable FEMA

11 floor elevation requirements are exempt from these roof height limitations. However, in no case shall the proposed elevation exceed the minimum height required to comply with FEMA regulations. (e) Applicability. This section shall apply to all new construction and substantial improvements where the development permit is filed after the effective date of the ordinance codified in this section. Section 4. Repeal Of Laws in Conflict. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5. Validity. Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance. Section 6. Section 7. Codification. Specific authority is hereby granted to codify this ordinance. Effective Date. This ordinance shall take effect immediately upon adoption. offered the Ordinance for its first reading and moved its adoption. The motion was seconded by, and upon being put to a vote, the vote was: AYE NAY THOMAS P. BAUSCH, MAYOR PAM BUSHA, VICE MAYOR JACQUI THURLOW-LIPPISCH, Commissioner VINCENT BARILE, Commissioner PAUL LUGER, Commissioner Passed second reading at the Regular Meeting of the Town Commission held on the day of, The thereupon declared this Ordinance approved and adopted by the Town Commission on this day of, TOWN OF SEWALL S POINT, FLORIDA TOM BAUSCH, MAYOR ATTEST: Ann-Marie S. Basler, Town Clerk (TOWN SEAL) Approved as to form and legal sufficiency: Glen J. Torcivia, Town Attorney Florida Bar No